Rick and Amy Loughery. FILE PHOTO

After spending five nights and more than five days atop the roof of his garage in the face of oppressive heat threatening 100 degrees, Rick Loughery’s painful protest against a town and state decision which would have meant the end of his garage, the Fort Myers Beach resident has something to show for it.

A framework for an agreement has been reached between Town of Fort Myers Beach and state officials which will allow Amy and Rick Loughery to keep their garage. Fort Myers Beach Mayor Dan Allers said discussions between the parties led to a new option being proposed to the Lougherys to save their Estero Boulevard garage.

“We’re happy that they were able to come to the conclusion that it’s safe,” Rick Loughery said. “That’s why I went up there (to the garage roof). There weren’t enough answers. I’m glad we got an answer.”

The couple was faced with the prospect of tearing down the 30-foot structure they spent $100,000 to build four years ago after town and state officials concluded that it was laterally attached to their home despite the fact that the garage survived Hurricane Ian intact and the home was destroyed. They Lougherys maintained all along that the garage was actually a detached accessory structure connected only by roof flashing material meant to prevent water from accumulating between the home and garage.

The agreement is contingent on the town approving the garage as an accessory structure to the new home they are building, which requires a variance. The use of the garage would also be restricted. Town and state officials had originally concluded that since the structure was considered connected to the destroyed home, more than 50% of the value was damaged and had to be built to new FEMA codes with a higher foundation, a second floor and breakaway walls. However, the concrete block garage itself suffered only minimal damage to a garage door.

Allers said a proposal from state officials to propose the new option was agreed upon by the town’s building department after meeting with state officials and FEMA to ensure the town’s National Flood Insurance Program rating “would not be changed based on a decision made by our building department.”

Weeks earlier, Conn Cole, State of Florida Floodplain Manager with the State Office of Floodplain Management’s Bureau of Mitigation for the Florida Division of Emergency Management, had issued a stern letter to the town warning of consequences to its flood insurance rating over the Loughery’s garage.

“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 (National Flood Insurance Program) and CRS (Community Rating System) 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,” Cole wrote.

Messages left with Cole were not returned by press time. An automated email reply message Monday stated that he was out of the office this week teaching a class.

“There are still a few steps that are needed to be finalized, but I’m happy there was a compromise achieved and the Lougherys can continue with their rebuilding,” Allers said.

Rick Loughery said he is just waiting on paperwork from the town to finalize the agreement. His next steps will be to go in front of the Local Planning Agency and town council for a variance.

He wants to move forward with plans for rebuilding his home, which will have to be detached from the garage under the agreement.

“We’re excited that a compromise was able to be reached. That’s what life is about,” Amy Loughery said. “We’re very pleased.”

Rick Loughery said he would have preferred not to have to go on his garage roof for five days and facing the scorching sun. He said he wasn’t the only one in town facing issues rebuilding.

“It’s not just permitting,” he said. “Everybody’s got problems.”

Fort Myers Beach Vice Mayor Jim Atterholt was an early supporter of the Lougherys in their attempts to save their garage.

“I commend Rick and Amy for their perseverance and am thankful a path could be found to save their garage,” Atterholt said.