Works of art are often labors of passion.
And Holmes Beach tree house owners Richard Hazen and Lynn Tran see their two-story tree house built in a beachfront Australian pine as a work of art. They have been passionately fighting for its survival since December 2011.
“We built this tree house as a private getaway, and have never expected this long of a struggle to keep it from destruction,” Tran wrote in statement regarding their recent appeal of a decision that would require removal of the structure.
The couple sought relief Oct. 15 with the 2nd District Court of Appeals, asking the higher court to review a ruling favoring the city of Holmes Beach that was handed down Sept. 16 by 12th Judicial Circuit Court Judge Janette Dunnigan.
Less than a week after the 2nd district appeal was filed, Tran wrote Holmes Beach officials calling for a “non-destructive” end to the legal battle over the tree house.
“We do not wish to go further with this conflict over a beautiful tree house that many likes (sic) and is now a landmark for the city. …It is to the city and our benefit to settle and dismiss this matter. We hope that you will agree with us and work with attorney Levin to a good ending,” Tran wrote in the Oct. 20 email.
Tran and Hazen are represented by David Levin of Icard, Merrill, Cullis, Timm, Furen & Ginsburg P.A. of Sarasota.
In her statement, Tran referred to the tree house as a “beach landmark,” as it has outlasted two building officials and several storms since its construction in 2011.
While Dunnigan’s September ruling addressed only half of the two-part dispute between the tree house owners and the city, she ordered the tree house be taken down.
Although the DCA could accept the appeal and reconsider Dunnigan’s ruling.
“After reading the court’s judgment, we felt terrible. It is so unfair,” Tran wrote. “We believe the facts and laws are for the tree house, along with public support.”
Tran asserted in her statement that misguidance from a former city building official prompted their inadvertent code violations, saying “it is the citizens who will have to pay for the mistake” of the city employee’s errors.
While she called to elected officials for a resolution, she listed evidence she feels would help her and Hazen win on appeal.
Construction began in April 2011, however, an anonymous tip eventually led the city to find the tree house at Angelinos Sea Lodge, 103 29th St., in violation of several city and state codes and to have been built without a permit by the Holmes Beach Code Enforcement Board in July 2013.
The city imposed a $100-a-day fine and the couple appealed the code board decision to the circuit court, where a judge halted the fines during the appeal process.
Dunnigan ruled in favor of the city, aligning with the code board’s decision, in September.
Still pending is a request on behalf of the city for a judgment to declare null and void a petition filed by Hazen-Tran to place the fate of the tree house on a ballot in a special election.
“Destroying the tree house that many are fond of is not good public policy. Fining us and making it so expensive to the point where we have to destroy it is just simply cruel,” Tran wrote. “Really, since when do we destroy property, hard work and work of art created in good faith, based on trust? All is not lost for our tree house.”