“It ought to come down. End of story.”
That was Holmes Beach Mayor Bob Johnson’s answer to what should happen with the tree house following the denial of an application to build after the fact.
Building official Jim McGuinness denied a permit to owners Lynn Tran and Richard Hazen in a Jan. 18 report, “Plan Review Comments.”
“The structure cannot be permitted as located and constructed,” McGuiness concluded, adding “removal of the existing structure will require a demolition permit.”
The owners built the structure in a towering Australian pine tree at 103 29th St. in 2011 after they say city officials verbally approved it.
McGuiness’ report responds to Tran’s Sept. 30, 2016, application for a building permit for an “accessory structure, two-level deck.” And the building official’s review follows the owners’ five-year appeal to city officials, the Florida Department of Environmental Protection, a directive from the city’s code enforcement magistrate and in the courts.
While the owners have lost at each level — at the DEP because the city declined to issue a letter of no objection — Tran continues to look for a way to keep the tree house.
She said Jan. 19 she “wasn’t surprised” by the denial, and she may appeal.
McGuiness said the No. 1 reason the structure can’t remain is the construction “within 30 feet of the erosion control line.”
The state owns seaward of the ECL and the city prescribes a 50-foot setback from the ECL in its land development code.
McGuiness’ review also cites violations of state and local coastal-construction-control-line rules, including:
- No DEP permit was obtained for construction seaward of CCCL.
- The lowest horizontal portion of the deck is at 15.11 feet, “well below” a required 19.4-foot elevation.
- The structure is constructed at an 8.5-foot grade, 6.5 feet higher than allowed.
“As a result the storm surge from a 100-year storm event would scour 6.5 feet of soil surface from below the tree house,” the report states.
- No evidence the tree house can withstand waves, wind and water debris of a 100-year storm.
- No evidence deep-foundation rules were followed.
- A hazardous condition is created by glass in the deck railings.
- No details were provided on how the structure can be accessed by humans.
Tran believes in the sturdiness of the tree. She said it dates to at least 1940 when her house was built and has withstood numerous storms.
Tran contends the tree and tree house are one unit and together they stabilize the upland area on the beach.
“I can’t move it. To which tree? Where? It’s one unit. It’s one thing.”
Access to the tree house has been limited to a ladder since construction was halted in November 2011. The ladder is used to reach the first deck and stairs lead to a second story at a height of about 15 feet from the beach level.
A Holmes Beach city magistrate in May 2016 imposed a fine of $50 a day that continues until the tree house is found in compliance with city code.
As of Jan. 25, the amount owed the city stood at $27,650.
Tran laments over the fine, “I guess the $50 a day will grow for a while.”
I have requested zoning flexibility on my project on island, and was determined was not along with code. But I didn’t build anyway, then ask forgiveness later. Codes are there for reasons; if this is not enforced, then anyone can build anything. Plus, this is not a tree house, without question, it is an alternative living structure.
Husband doesn’t look stupid – he knew what he wad risking.
Needs to come down, no matter what transients think.
Always get it in writting, if not, it never happened. Also Australian Pine…being a Palm Beach Native , that is a weak tree and that tree house will go flying, so as beautiful as it is, it appears to be a safety hazard for neighbors but other than that…it is gorgeous.
The owners of the tree house should run for mayor or council member. The voters can decide to boot out the old foggies there now and send them packing.
The city made the 1st mistake by not giving a permit. THE TREEHOUSE SHOULD BE LEFT ALONE! THE TREEHOUSE SHOULD BE LEFT ALONE!
We stay at Angelino’s Lodge just to see the treehouse. I walk the beaches all year long, just to see the treehouse.
Hurricane Irma certainly didn’t do any harm to it. THE TREEHOUSE SHOULD BE LEFT ALONE!
City messed up in the first place. City’s fault. Leave them alone. I hope the supreme court hears the case and slaps the city officials in the face. Hate beurocracy.
save the treehouse!!!!
Geez Holmes beach
I think the tree house looks great.
How unique Let them keep it
That tree had more lot space than I do in California
100 year flood. Give me a break. So what
City council. Planning commission mayor.
Move on to new jobs.
Time to end the appeals process. Tear it down. Using way to much taxpayer money and time.