Clearwater board orders rooftop structures removed at Cherry Lane home; owner given June 23 deadline

The Municipal Code Enforcement Board on March 25 ordered the removal of rooftop pergolas and other structures at 3087 Cherry Lane, finding the additions increased an already nonconforming building height and violated the city’s development code. The board set a compliance deadline of June 23, 2026 and authorized fines of $250 per day for continued violations.

Planning manager Ted Cozak told the board the property lies in the city’s low‑medium density residential (LMDR) district, which caps structure height at 30 feet; he said the house and the added rooftop structures exceed that limit and “there is no path forward” to legalize the rooftop additions. “The structures need to be removed,” Cozak said.

Inspector John Stevens and the planning staff presented photographs showing pergola‑like structures, fans and a spa or hot tub on the roof. Stevens said the additions post‑date the original permitted plans and that the code prevents increasing the nonconformity of a structure. “Any structure added post‑purchase that increases the height would have to come off that roof,” Stevens told the board.

Owner Del Twain Holmes said he purchased the home in September, was not aware of previous rooftop work and requested more time because disassembly will require cranes and specialized contractors. “I spent probably about $90,000 on the roof alone,” Holmes said, urging the board for a realistic schedule to remove the additions.

Board members considered 60 to 90 days for removal and ultimately agreed on a June 23 deadline to give Holmes time to arrange removal. The board’s order requires removal of the rooftop additions or submission of a plan that demonstrates compliance by 06/23/2026; if the owner fails to comply the board authorized fines at $250 per day and normal lien procedures for unpaid fees.