FORT MYERS BEACH
LOCAL PLANNING AGENCY MEETING
AUGUST 27, 2002
Town Hall - Council Chambers
2523 Estero Boulevard
FORT MYERS BEACH, FLORIDA
I. CALL TO ORDER
The meeting of the LPA was opened by Chairman Betty Simpson on Tuesday, August 27, 2002, at 12:05 p.m..
Members present at the meeting: Anita Cereceda, Betty Simpson, Jodi Hester, Harold Huber, Jane Plummer and Roxie Smith.
Excused absence from meeting: Nancy Mulholland, Jessica Titus and Hank Zuba
Staff present at meeting: Town Manager Marsha Segal-George, Dan Folke and Jerry Murphy.
II. INVOCATION AND PLEDGE OF ALLEGIANCE
Invocation was made by Chairman Betty Simpson. All assembled and recited the Pledge of Allegiance.
III. APPROVAL OF MINUTES OF JUNE 11, 2002 AND JUNE 25, 2002
MOTION: Made by Chairman Roxie Smith and seconded by Anita Cereceda to approve the minutes from June 11, 2002 with corrections.
Corrections and changes to minutes:
1. Chairman Simpson - Bottom of page 2 - Clarify that Jim Jamison owns property on Mango.
2. Anita Cereceda - Correct spelling of the name Nieman to read Nyman throughout the minutes.
VOTE: Motion passes unanimously.
MOTION: Made by Anita Cereceda and seconded by Jane Plummer to approve the minutes of June 25, 2002.
Corrections and changes to minutes:
1. Chairman Betty Simpson- Questioned how the minutes should address the Chairman, since the duty is split between herself and Roxie Smith. It was decided the minutes should reflect either party who is chairing for the meeting as the Chairman.
IV. PUBLIC COMMENT ON AGENDA ITEMS
None.
V. PUBLIC HEARING - VAR 2002-00017 - Noel C. Collins in ref. to 7986 Estero Blvd.. A request for a variance from LDC Section 34-1575 to allow expansion of an existing deck seaward of the 1988 Coastal Construction Control Line.
Noel C. Collins came forward and expressed that the variance would be needed in order to build the deck as shown on the site plan provided to the LPA. The deck would be beyond the Coastal Construction Control Line (proposal A). He has an additional proposal, which is proposal B, and it would not be necessary to obtain a variance for this request. The optimum proposal would be proposal A. He has another proposal labeled C, which he may need additional information for on this request. A viewing platform could be built and he is unsure of the possibility.
Roxie Smith reviewed the various proposals for clarification.
Anita Cereceda questioned how the requests before the LPA differ from his last visit before this board? Noel C. Collins replied that he needed to research further to show where the Coastal Construction Control Line was located. He indicated that he did not have this clearly defined on the print as provided in a prior meeting.
Town Manager Segal-George explained that Mr. Collins has made a request for a variance and this board should address the issue.
Mr. Collins expressed that he would prefer to build the deck requiring the variance or proceed with proposal B, which would not require a variance. He is willing to forget about proposal C.
Jerry Murphy from Town Staff came forward. The applicant has provided a new survey which does clearly indicate the Coastal Construction Control Line. The only proposal before the LPA is option A. Staff still recommends denial based on all reasons given in the past. These include lack of consistency with the Comprehensive Plan and lack of conforming with the Land Development Code implementation of the plan policies to not develop beyond the Coastal Construction Control Line.
Jane Plummer questioned if option B could be built without a variance? Jerry Murphy replied that this is correct.
MOTION: Made by Anita Cereceda and seconded by Roxie Smith to deny the request for VAR-2002-00017 as recommended by Town Staff and adopt the findings of the Staff report.
Discussion: Anita Cereceda explained that she was hoping Mr. Collins would come back with something magic to provide to the LPA. She understands he is trying very hard for his in-laws. She questioned the Town Manager or staff how Mr. Collins could be given an exception and what type of advice can be given?
Dan Folke replied that he explains the rules quite frequently. He goes back to explain what has happened in the past. He knows of only one case that was approved by the Town to build over the Coastal Construction Control Line. This is a very difficult variance to get. Every person has the right to come forward and ask for this variance.
VOTE: Motion passes unanimously.
Mr. Collins came back to state that in the construction industry he has heard to build the deck and then pay the fine. He did not want to go this route. He asked if this is what is going on here? Harold Huber replied that he would be asked to tear the deck down.
Jerry Murphy commented that in Bonita Springs there has been some construction across the Coastal Construction Control Line. The Municipalities Zoning Board has taken a very strong stand that the three-story concrete structure will have to be brought into compliance.
VI. LPA MEMBER ITEMS AND REPORTS
Jodi Hester - Expressed that she read the book being passed around to the LPA members over the summer. This was an excellent book and she enjoyed it very much. Also, the final Short Term Rentals Task Force meeting will be held tomorrow night at 5:30 p.m.. Welcome back to everyone.
Town Manager Segal-George explained that the Short Term Rental Task Force results will come before the LPA in October. She reviewed the calendar and upcoming Workshop’s.
Jodi will not be able to attend the September 10, 2002 meeting and will need an excused absence. Town Manager Segal-George will check into the possibility of televising this meeting.
Roxie Smith - Will need an excused absence from the September 17, 2002 meeting. She saw part of the televised Council meeting last evening and commented that the ladies who run the production are doing a very fine job.
Roxie questioned if a decision cannot be made between the Short Term Rentals Task Force and the LPA how will this affect Chapter 34? Town Manager Segal-George replied that the existing rules could stay in place. Dan has drafted an ordinance and the Task Force will review this. This ordinance is a stand alone presently, but could be incorporated into Chapter 34.
Dan Folke explained that he feels the Task Force has found a lot of common ground.
Jodi Hester agrees. The Task Force has agreed on a lot of matters. She feels the information that the Task Force has come up with will work as a stand alone ordinance. The decision of whether to include it within Chapter 34 can be considered at a later time. She feels that it is important to move forward with the ordinance and get it approved separately.
Town Manager Segal-George - Commented on the Council meeting last evening and touched on some of the highlights. Mentioned that the Council agreed to move forward to purchase a lot on Connecticut Street. She discussed the program to be held on September 11 at 7:30 p.m.. The Square will be decorated in red, white and blue. She went on to explain that appeals will be taken directly to the Council and will not come through the LPA.
Chairman Simpson - Expressed that it has been an interesting and warm summer. Several events have taken place on the island. Everyone needs to hold together very tightly. It is very important to be supportive to one another.
VII. PUBLIC COMMENT
None.
VIII. ADJOURN
The meeting was adjourned at 12:50 p.m..
Respectfully Submitted,
Shannon Miller
Transcribing Secretary