By now the entire island knows that Rick Loughery is camped out in protest on top of his garage roof at 5137 Estero Boulevard. Rick wired a safe structure to sit and lay on and he only ventures down to use the rest room. During the day he adds an umbrella to his new digs to block the scorching hot August sun.
Rick and Amy Loughery lost their home in Hurricane Ian. Their garage survived because it was built to code in 2019. Now, they’re being told it may have to come down.
The issue has to do with whether the garage and home were attached when Hurricane Ian destroyed the home. On that topic there is much disagreement. The town believes the previous permits show that the garage was attached to the home. The Loughery’s believe the permits show that the garage was a standalone building.
The town has determined that the Loughery garage was built as a connected addition to their home. The town states that “The garage was not connected via a covered breezeway, it was shown on the reviewed plans and photographs as being connected to the main residence.” And once the determination is made by the town that the garage was part of the house, FEMA’s 50% rule applies to the garage as part of the house.
Amy and Rick have been arguing that their new garage was never attached to the house. That it was a standalone structure, there was no common wall, and should not be subject, as their house was, which is now gone, to the 50% FEMA build-back rules.
Kara Stewart, who worked for the town for over a decade, has been helping the Loughery’s. She’s asked the town and Florida Department of Emergency Management Floodplain Manager Conn Cole to explain how they came to the conclusion that the garage was an addition to the house. “We’re explaining the structure is free standing with it’s own independent foundation, wall system, roof structure. It was cosmetically made to look as though it was attached.”
This is an e-mail response Cole sent to Stewart, “I am not sure how I can be more clear. The surviving garage was not a detached garage or, as you keep referring to, a freestanding structure. It was constructed and permitted as a lateral addition and was connected to the home.”
Amy Loughery met with Fort Myers Beach Building Official Steve Poposki and Town Manager Andy Hyatt Thursday to try to resolve the issue but the meeting ended in a stalemate.
Here are the three options the state has given Amy and Rick after Town of Fort Myers Beach Building Official Steve Poposki ruled the house was attached to the garage.
1. Because the garage portion of the home survived the storm, the home is a substantially damaged structure. The home’s rebuilding must be built to current regulations, and the surviving garage portion must be brought up to current standards (Coastal A Zone, FBC 8th Ed).
2. Convert the surviving garage into a stand-alone accessory structure (storage and parking only) and build a new home. The home would be treated as new construction, and the garage must be brought up to current accessory structure standards (Coastal A Zone, FBC 8th Ed, flood ordinance).
3. Demolish the surviving garage and rebuild a new home with a new garage as new construction, meeting current regulations.
Conn also made it clear that the town cannot simply look the other way. “Should the Town choose to disregard the floodplain management regulations in its ordinance and the flood provisions of the Florida Building Code, the Town’s good standing in the NFIP and CRS could be jeopardized. FEMA is aware of several “high profile” properties and is watching closely to see if the Town brings them into compliance. It would be unfortunate if this property were added to their list.”
Conn did not specify what those other “high profile” properties were that they were spying on.
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