BOB PETCHER Fort Myers Beach furniture vendors have their equipment pre-set along the downtown zoning district beachfront.

Language for LDC amendments to allow and provide regulations for rental of beach furniture along the beachfront of Estero Island continues to be tweaked to satisfy both beach furniture vendors and beachgoers who set up their own chairs.

The Fort Myers Beach Town Council discussed the issue during another workshop last week and instructed t own staff to make appropriate changes and bring it back to council. No deadline was set.

Some language that needs to be addressed includes a distinction between resort properties and non-resort properties. Council members believe zoning regulations for vendors in each area should be separate. Discussions also centered on all vendors that have resort zoning needing or not needing a license. Either way, the code must be abided by.

Currently, there is a cap for all beach furniture vending license holders. Issues have arisen frequently in a specific area of the downtown zoning district.

“To me, there is a difference between the accessory use to a resort and the expansion and proliferation that has occurred between the resorts,” said Mayor Anita Cereceda. “In my opinion, that is where our problem lies.”

While a level playing field is hoped for, there is a difference between a south end condominium with ample room versus a limited beach area in front of a north end business such as Hooters.

“I think we need to segregate it even further – a resort category, a condo category and a third category with a number a lot lower than 14,” said Councilwoman Rexann Hosafros. “It’s reasonable if the condos have lots of space, there’s room for beach chairs. The people we are trying to get to have a very small amount of space and are putting out a lot of chairs very close together.”

Town attorney Derek Rooney pitched segregation definition by adjacent upland property as a hotel/condominium versus a multi-family use.

Another issue centers around pre-setting up of equipment. Residents have complained that too many chairs and umbrellas are littering the beach. But, if pre-setting was disallowed, then there would be tractors moving up and down the beach and transferring beach furniture all day long. It was agreed to keep that states “equipment may not be set out in the morning before 8 a.m.”

Other island communities have a service provided for individual pre-setting of beach furniture. A simple call to the vendor allows a chair to have a name placed on it and brought out before the beachgoer arrives.

Rights to a view corridor to the Gulf of Mexico and questions as to how close one can sit near the waterline have been discussed in the past. Some vendors believe they own particular rights to a beachfront area.

“There is some sense of urgency on this,” said Vice Mayor Dan Andre, who referenced a letter from a resident who was told a vendor had bought all rights to the beach in a certain area. “This is still going on. Part of the reason we are (looking into regulations) is because they can’t regulate themselves.”

Setting up equipment too close to the waterline is also seen as a deterrent to those who walk or bike on the beachfront. Language has been changed in Chapter 14 of the LDC to say that furniture has to be 15 feet landward of the wet sand.

“There is kind of problem on the south end as well when I can’t ride my bike near the water,” said Councilwoman Summer Stockton. “I should be able to go to my house to the (Wyndham Hotel) and back without going around anything if I am riding right up to the water.”

There is also a provision that states “beach furniture and equipment may not bear commercial signage.” Andre would like those businesses that already have commercial markings on umbrellas to be “grandfathered” in.

In the past, prior Marine Resources Task Force and Local Planning Agency committees have recommended changes to the Town code regarding beach furniture, but past Councils have denied policy modifications due to adding more regulation. Officials have noticed an increase in rented beach furniture in recent years, causing some of the problems discussed.

Council is hoping to resolve issues before October, when personal watercraft and parasailing licenses are annually renewed.