It’s unclear how long a long-disputed treehouse in Holmes Beach might remain on the beachfront.
Richard Hazen and wife Lynn Tran-Hazen, owners of a residence and Angelinos Sea Lodge, 2818 Ave. E., wrote in a March 9 email that they were “not sure yet” if they would move forward with removing the treehouse or appeal a ruling for its removal.
12th Circuit Judge Edward Nicholas ruled Feb. 28 that the treehouse must be removed within 90 days. However, the property owners are calling for the public to pressure the city into dissolving the order.
“Maybe it would be better if the public could ask the city leaders to request the court to dissolve the removal order and allow us to fix it since we already have the consent agreement with the (Florida Department of Environmental Protections),” the Hazens wrote.
They said they could apply for a city permit to repair the treehouse and exempt it from setback requirements, similar to a dune walkover.
Such a shame, the waste of hundreds of thousands of dollars fighting this tree house constructed on private property after consulting the city building official who told the property owner that there were no pertinent regulations or permits required.
As often is the case somebody took issue, complained to the city which cause the officials to find any possible reasoning to deny the building of the tree house which so fits into the resort type of atmosphere of the island.
It seems everyone has attempted to resolve the issue, the State as I recall waived the setback violations if the city would concur, but alas once the authoritative municipality has decided to condemn the full weight of government resources was applied, what a waste of tax payers funding. I also seem to recall the problem with the city version of the setbacks being much more restrictive than those the state regulations applied too.
But of course, after the sides were committed the city began piling on every code violation they could to cower the property owners, a vertible David vs Goliath story of heavy-handed authoritative might, which makes one wonder when does the property owner actually own and control their property? The federal standards applied no doubt in all the “Burt Harris” suits seems appropriate since back in ’92 the SCOTUS had ruled against some island governments that removed property rights and determined that it was indeed property seizure requiring due process and compensation.
Perhaps this issue should have been filed in the federal court system, seems to have ably resolved the issues the city had with the developer that a few of our island cities promoted over permitting, in which they too piled on all the code violations they could.
What a waste.