The Fort Myers Beach Local Planning Agency voted unanimously to approve a variance allowing the reconstruction and widening of Beach Access 43 at 102 Estero Boulevard to a 60‑inch (5‑foot) on‑grade path, exceeding the land development code limit of 40 inches.

Jason Smalley of the town’s planning and zoning department told the LPA the county proposes an on‑grade path — typically crushed shell — that would provide public beach access where an elevated walkway once stood before the storm. "The ask today is the code limits the width of those walkways to 40 inches, and they are requesting to widen it to a 5‑foot on‑grade path," Smalley said.

Jordan Varvel, a design consultant with Johnson Engineering representing Lee County, said the county plans to install a Mobi‑Mat across the dune rise with a shell path on flatter areas. He described the proposal as a like‑for‑like recovery: "Previous to the storm, we have confirmed that there was an elevated walkway that was there. It was damaged. The county has determined that they are going to be rebuilding an on‑grade path rather than attempting to rebuild an elevated walkway." Varvel estimated logistical timing as procurement and construction phases, noting both a 90‑day estimate for construction and a discussion of roughly three months for procurement followed by three months for construction during the meeting.

Board members pressed for clarity about the easement and ownership along the path; Varvel said the 6‑foot easement will accommodate the 5‑foot mat and that survey work in the development order will provide the final legal description. The Pink Shell condominium association had asked for clarification of the legal description but, Varvel said, "from what I understand from the email, they don't dispute that this needs to go in and that it's going to stretch across both of them."

A motion to approve the staff recommendation with conditions carried unanimously. Staff noted that if no objections are filed with the town clerk within 10 days, the LPA decision will constitute final agency action subject to appeal per the town code.

The LPA applied four standard conditions to the approval, and staff emphasized that any work during the sea‑turtle season must follow normal monitoring and permit requirements; if monitoring is required, the applicant will bear those costs in coordination with the town’s environmental program.

Next steps: staff will proceed with development‑order paperwork, surveys and permitting as required by the town’s land‑development code.