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Tag: Holmes Beach tree house

Fans say goodbye to treehouse

Fans say goodbye to treehouse

HOLMES BEACH – The treehouse had its last holiday over the July Fourth weekend.

Owner Lynn Tran opened the property at Angelinos Sea Lodge to fans of the structure to allow them a chance to take photographs and say their goodbyes before the treehouse is demolished.

Tran said the holiday was a fitting way to say goodbye to the treehouse.

Its first appearance in The Sun was in the 2011 July Fourth issue.

The treehouse was constructed in an Australian pine, supported by pilings wrapped in a material resembling tree trunks.

Tran and co-owner Richard Hazen maintain they contacted the Holmes Beach Building Department to inquire if they needed a permit to construct a treehouse before building the structure and were told they did not. However, once the structure was completed, code enforcement officers cited the owners for building without a permit.

The city’s building official at the time said the initial inquiry was for a platform supported by a tree, not the elaborate, two-story structure supported by pilings and featuring windows that was eventually constructed.

The city denied Tran and Hazen’s after-the-fact permit application due to the structure being unlawfully built too close to the erosion control line.

After fighting the city and the Florida Department of Environmental Protection (DEP) in court since 2011, a final ruling from 12th Judicial Circuit Court Judge Edward Nicholas in February mandated the removal of the treehouse.

Tran and Hazen made a preliminary move to appeal the decision in Florida’s Second District Court of Appeal, but ultimately dropped the appeal, with their attorney stating during a June case status conference with Nicholas that they agreed to tear down the treehouse.

While demolition of the treehouse has not yet been scheduled, the structure is planned for removal by the end of July in line with a DEP permit that expires on July 31.

MEMORIES

Fans of the treehouse and community members, along with a few curious onlookers, took the opportunity July 4-5 to visit the treehouse and reflect on their happy memories of the structure and express their feelings on the pending demolition. Some also expressed their treehouse memories on social media.

“My husband proposed at the benches to the right of the treehouse,” Misty Turcotte said.

“Always enjoyed walking and checking out the treehouse,” Jan Fitzgerald said. “I loved all the animals in it.”

Over the years, the owners added quirky accents to the treehouse, including several animal statues, such as a leopard lounging above a window, a monkey swinging from a vine, a snake and spider on the outside and other assorted creatures.

One couple said that they were married on the beach in front of the treehouse. Another said they had come to visit because they were curious about the treehouse and why it was being removed.

“It will seem weird on our next visit not to see it there,” Anne Douglas Johnson said on The Sun’s Facebook page. “It is sad because it isn’t hurting anything where it is.”

Several people stated their dismay that the treehouse was being torn down though they were thankful for the opportunity to see it one final time.

“It’s such a shame they have to demolish this beautiful treehouse,” Beverley Thomas said.

“It’s such a cool spot,” Michelle Rose-Castillo said. “Too bad they couldn’t have worked something out.”

“That was a long fight,” Brandy Orlando said. “I wish it didn’t come to this; many fought for it to stay.”

“They fought a good fight,” Ali Spaid said of the treehouse owners. “It’s truly a shame the city wouldn’t work out a way for it to remain. It’s become an Island staple for the last 13 years, lasted through major storms and this discrepancy is what is taking it down… so much for our unique Island. I hope the owners find comfort knowing how many locals are with them.”

Year in Review: Holmes Beach

Year in Review: Holmes Beach

HOLMES BEACH – The bang that kicked off 2023 in Anna Maria Island’s largest city wasn’t the fireworks. The year that was had a lot of ups and downs for both city leaders and residents along with a few surprise loops along the rollercoaster of a year.

TREE HOUSE OWNERS MARK DECADE OF LEGAL WRANGLING

In January, the year started the same way that it ended, with the city and tree house owners Lynn Tran and Richard Hazen facing off in court over the beachfront tree house structure at Angelinos Sea Lodge. As the legal fight passed the decade mark in Manatee County courtrooms, the tree house owners received another blow as cases against the Florida Department of Environmental Protection and the city were found in favor of the government entities. Despite the setbacks, the fight for the owners to keep the two-story tree house aloft and for the city to have the unpermitted structure removed continues.

Year in Review: Holmes Beach
Plans for the state-approved parking garage at Manatee Beach in Holmes Beach would see the current parking and connected facilities demolished to make way for a new three-story structure. Construction on the garage is estimated to take at least two years to complete. – Submitted | Manatee County

PARKING GARAGE PURSUED

One of the twists that took city leaders for a loop in 2023 started in January with Manatee County Legislative Delegation members deciding to push a bill forward to allow Manatee County commissioners to construct a three-story parking garage at Manatee Beach. The fight over the parking garage began more than a year earlier with Manatee County commissioners, spearheaded by Commission Chair Kevin Van Ostenbridge, arguing with city leaders over some street-side parking in residential neighborhoods being designated as resident-only until 5 p.m. daily. Though the plan to change the parking in some residential neighborhoods was almost 10 years in the making, Van Ostenbridge claimed that city leaders took advantage of the COVID-19 pandemic to close side of street parking in residential neighborhoods in a bid to keep visitors away from the beach. Holmes Beach Police Chief Bill Tokajer provided county leaders with personally collected numbers demonstrating the abundance of open beach parking in the city, even during high-volume holidays such as Easter and spring break. Despite the data provided to county commissioners, they pushed for state legislators to introduce a parking garage bill in violation of the city’s land development code and comprehensive plan. The bill passed and at the end of the year city leaders are considering their legal options to continue the parking garage fight.

If built according to plan, the garage would cost Manatee County taxpayers more than an estimated $45 million to construct and $200,000 annually to maintain, remove the existing beach facilities including a historic building housing concessions, a bar and retail store, eliminate the existing more than 450 parking spots and facilities for more than two years during construction, and provide around 900 total parking spaces. Van Ostenbridge said the parking spaces in the garage would need to be paid for hourly by drivers in order to fund the garage’s maintenance. Though paid parking is not currently an allowable use in Holmes Beach, and neither are multi-story parking facilities, Mayor Judy Titsworth said that if county commissioners decide to go ahead with building the garage and charging for parking, the city will be forced to reconsider its stance on free beach parking for the public.

CONSOLIDATION STUDY BEGUN

After giving leaders in the three Anna Maria Island cities a few months to discuss how they could consolidate services to save taxpayers money, members of the state legislative delegation opted to go forward with an Office of Program Policy Analysis and Government Accountability study to look at consolidation of the three Anna Maria Island cities or annexation into Bradenton or unincorporated Manatee County. Rep. Will Robinson Jr. (R-Bradenton) and Sen. Jim Boyd (R-Bradenton) sent the mayors of all three cities a notice in the fall that the OPPAGA study would be going forward with the intent of investigating if the three Island cities should be consolidated, annexed or left as three independent municipalities. While the mayors said they support the study in an effort to look at ways to save taxpayers money, they are all opposed to consolidation or elimination of the Island municipalities.

Year in Review: Holmes Beach
Local first responders take the plunge in Anna Maria Sound in support of the Holmes Beach Islanders 4 Clean Water campaign. – Kristin Swain | Sun

ISLANDERS 4 CLEAN WATER LAUNCHED

In the spring, Holmes Beach city leaders celebrated the launch of the Islanders 4 Clean Water campaign aimed at raising awareness of water quality issues in and around Anna Maria Island and how residents and visitors can reduce their negative impact on the environment. Dozens of people took the plunge in support of the campaign and city leaders are continuing to raise awareness for the campaign and environment into 2024.

NO ELECTION NEEDED

The sitting city commissioners escaped the need for an election in November as candidate qualifying ended in July with incumbent Commissioners Pat Morton, Terry Schaefer and Carol Soustek all running unopposed. Because only one person qualified to run for the charter review commission, which was set to convene in January 2024, City Attorney Erica Augello said that no additional members could be appointed to the charter review commission outside of the election process, meaning that this will be the first time since the city’s incorporation that the charter review commission will not meet as scheduled.

LIGHT IMPACTS FROM HURRICANE IDALIA

Anna Maria Island once again slipped through hurricane season virtually unscathed. The closest brush the Island had with a named storm was when Hurricane Idalia moved past about 100 miles in the Gulf of Mexico off Holmes Beach’s shoreline. While the Island missed taking a direct hit, the storm brought a day of rain and windy weather to the city, flooding and some minor damage to structures.

WATER MAIN REPAIR DELAYED ON BRIDGE

Due to delays in receiving materials, work to repair and relocate a water main along the Anna Maria Island Bridge on Manatee Avenue was postponed. Crews are completing the last phase of the water main pipe repair, installing additional hangers to support the pipe on the east side of the bridge.

Letter to the Editor: Perseverance comes with a price

The treehouse saga has gone on for 10 years. The Trans certainly are deserving of a perseverance award for what many consider their insane struggle against the government. Personally, I thought the treehouse added to the Holmes Beach landscape and Old Florida charm that used to exist on Anna Maria Island, and why my wife and I moved here in 1991.

While I’m on the topic of perseverance, I would be remiss if I didn’t give a personal award. That would have to go to Kim Rash and his dedicated group who have fought a tireless fight to improve Holmes Beach residents’ quality of life. It was a continuous struggle, but they persevered, with Kim ultimately getting elected to the Holmes Beach commission in landslide elections. Along the way they were constantly subjected to deep undeserved (I might add) antagonism, scorn and even ridicule. Yet, they persevered at great expense to their family life and well-being. Keep up the good fight, Kim.

 

Bob McCaffrey

Bradenton

Tree house closer to demolition

Tree house closer to demolition

MANATEE COUNTY – Holmes Beach city leaders have won a judgment in their favor in the long-debated case of a two-story beachfront tree house constructed at the Angelinos Sea Lodge.

Now, Mayor Judy Titsworth says the city can seek an order to have the structure removed.

The written order was handed down from the Manatee County Circuit Court late Jan. 20, with Judge Edward Nicholas ruling in favor of the city on four counts.

Tree house and Angelinos Sea Lodge owners Lynn Tran and Richard Hazen alleged that the city leaders violated their due process rights under the Florida constitution when the city refused to issue after-the-fact building permits for the structure. Nicholas ruled that the city’s leaders and representatives did not violate the tree house owners’ rights. Hazen and Tran are set to meet in a Feb. 3 case management hearing with representatives from the Florida Department of Environmental Protection in front of Judge Charles Sniffen to discuss any potential settlement negotiations in another case concerning the refusal to issue after-the-fact building permits for the tree house. That case was previously set to go to trial later this year.

Tree house owners push for trial date

Tree house owners push for trial date

HOLMES BEACH – Tree house owners Lynn Tran and Richard Hazen may soon be getting their wish – it looks like their case is going to trial.

Manatee Circuit Court Judge Charles Sniffen has ordered attorneys representing the tree house owners and the Florida Department of Environmental Protection (FDEP) to attend a Monday, Aug. 8 case management session with the intent of setting a trial date.

In the lawsuit filed in December 2018 by Tran and Hazen against the city of Holmes Beach and FDEP, the couple asks for a temporary injunction to prevent city and state leaders from removing the two-story beachfront structure they built in 2011 at Angelinos Sea Lodge, 2818 Ave. E. and to stop the accumulation of fines against the property owners.

Tran and Hazen’s case against the city asking for an injunction was dismissed in July 2021 but their case against the FDEP continues. During a July 27 hearing, Sniffen denied the FDEP’s motion for summary judgment because an amended complaint had already been filed that nullified the one that was the subject of the case that day.

Tran and Hazen’s attorney, Bruce Minnick, requested that the case go to trial rather than get entangled in more motions in circuit court.

Sniffen advised both parties to determine how they wanted to move forward and prepare to choose a trial date for the case.

The structure has long been a contested issue between the property owners and representatives from both the city and the state. Tran and Hazen contend that before building the structure, they went to the city’s building department and asked if a tree house would require a permit and were told it would not. They proceeded to build the structure on the beach in front of their home and rental property, supporting it with an Australian pine tree and telephone poles disguised as tree trunks.

Later, they learned that not only did they need a building permit, but that the tree house also was built partially on the erosion control line, requiring a permit from FDEP.

The couple applied for FDEP permits but were denied. Attorneys for the department argue that Tran and Hazen had a chance to appeal the denial and did not pursue that route despite asking for the deadline to appeal to be extended twice, which was granted.

In 2013, the tree house was the subject of a city code enforcement board hearing where it was determined that after-the-fact permits would be required or the structure would need to be removed. The couple took the results of the board hearing before Manatee County Circuit Court and the Florida Second District Court of Appeal. Both courts upheld the board’s ruling on the tree house. A 2016 code enforcement special magistrate hearing in the city led to a $50 fine which has been accumulating since July 22, 2015, the date of the Second District Court ruling. That fine is over $125,000 with additional fines and legal fees adding up daily for Tran and Hazen.

When the couple applied for after-the-fact permits with the city, the requests were denied. Former Holmes Beach Building Official Jim McGuinness examined the tree house during his tenure with the city and determined that the structure could not be brought up to current building codes. City leaders began pursuing the option of legally ordering the tree house to be torn down in 2018, a case which is still pending in Manatee County Circuit Court. A temporary stay was ordered in that case in March 2021 which expires on Aug. 31 to allow the parties time to try and work together on a way forward.

A third case related to the tree house also is pending in circuit court to determine the constitutionality of the city’s codes. That case is scheduled for a hearing in late September.

Tree house case back in court

Tree house case back in court

BRADENTON – The beachfront tree house at Angelinos Sea Lodge is back in the city of Holmes Beach’s crosshairs as the case goes back to Manatee County Circuit Court to be heard by Judge Edward Nicholas.

Both sides met in chambers April 29 to discuss the city’s motion for summary judgment and tree house owners Lynn Tran and Richard Hazen’s complaint for declaratory judgment and a more definitive statement from the city.

The attorney for the owners, David Levin, told Nicholas that the complaint for declaratory judgment was filed on behalf of his clients in 2013 and was never heard. Now that the complaint is being heard, he asked for the opportunity to update the complaint to include all of the activity on the case in the past six years. Attorney Jim Dye, representing the city, did not object to the request and commended Levin for bringing the issue up before the court. Nicholas granted the request, giving Levin 20 days to submit the amended motion and the city 20 days after that to respond before the complaint is heard by the court.

Also to be heard with that motion is the city’s motion for summary judgment. The city’s motion, submitted by Dye, requests that the court rule in favor of the city without further delay, requiring Tran and Hazen to not only remove the tree house from its Australian pine and wooden pole supported perch on the beach but to also pay the mounting code enforcement violation fines, which accrue daily for as long as the tree house remains aloft, along with other assessed fines and attorney fees.

The code enforcement fines alone amount to over $65,000. If granted, the motion would also allow the city to forcibly remove the tree house if the owners refused to take down the structure.

Levin said the owners’ complaint for declaratory judgment was filed prior to the code enforcement hearing in 2013.

Nicholas said that he doesn’t believe it matters in what order the two cases are heard. He said that if the motion for summary judgment was heard first and he ruled in favor of the city that he would stay the ruling until the motion for dismissal could be heard.

A date to hear both motions is planned to be scheduled for some time in the summer.

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New filing in tree house case

Tree house case continues in court

Holmes Beach tree house file photo

Tree house case continues in court

BRADENTON – It was a win and a loss for both sides during a Jan. 8 hearing in Judge Edward Nicholas’ courtroom on the tree house case.

New to the case, Nicholas dismissed the City of Holmes Beach’s motion to default, an attempt to push the case to a trial, and the tree house owners’ motion to abate, saying the move wasn’t warranted at this time. Both sides of the years-long case will have the opportunity to have their motions reheard, including a declaratory judgment request filed by attorney David Levin on behalf of owners Lynn Tran and Richard Hazen in 2013, and not pursued by either side until now.

During the Jan. 8 court proceedings, Levin argued that the declaratory judgment needs to be ruled on before the case can go to trial. On behalf of the city, attorney Jim Dye argued that the case has gone on long enough, since a code enforcement hearing in 2013, and the city wants to “go to trial and get a resolution as quickly as possible.” He also said that with different hearings and rulings happening in the case since the submittal of the request for declaratory judgment, the complaint is obsolete and would need to be redone to take into account all of the facts of the case in the previous five years.

The March 5, 90-minute conference will allow the court to consider the nature of discovery, if any, needed for a trial, determine if the declaratory judgment needs to be resolved before going to trial and allow both sides to tell their stories to the new judge on the case. If the case goes to trial, it will be to receive a ruling on the city’s request for injunctive relief and motion for default. These would either require Tran and Hazen to pay more than $65,000 in code enforcement fees and remove the tree house themselves or allow the city to forcibly remove the structure.

Holmes Beach tree house judy
Holmes Beach Mayor Judy Titsworth listens to councils’ arguments during a hearing for the tree house case. – Kristin Swain | Sun

The tree house has been the subject of much debate in the city since it was built in the last half of 2011. The two-story structure is built partially in an Australian pine and supported by telephone poles designed to look like trees.

Tran and Hazen argue that they went to city hall before building the tree house to ask if they needed a permit and were told ‘no’ by a building department staffer. City leaders have previously argued that a permit was needed, that the tree house is potentially hazardous to neighbors in a storm, and that the tree house was built partially over the erosion control line on public land. The owners maintain that the structure is entirely on their property and within required setbacks from the erosion control line.

While the owners applied for after-the-fact building permits from the city, Building Official Jim McGuinness found that the supports for the tree house were not deep enough in the sand, the structure could not be made ADA compliant, and to bring it up to code would require tearing it down and rebuilding it, which could happen only if the owners could get a permit from the Florida Department of Environmental Protection.

The tree house case is back in court on Tuesday, March 5 at 9 a.m.

Related coverage

Treehouse case goes back to court

City to pursue tree house demolition in court

Supreme Court denies tree house owners’ plea