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Treehouse demolition imminent

Treehouse demolition imminent

Written by SUN contributor on . Posted in Community News, Featured, Holmes Beach.

HOLMES BEACH – A controversial treehouse is scheduled to be dismantled by July 31 under a court order from the 12th Judicial Circuit Court for Manatee County.

Treehouse owner Lynn Tran said the city’s building department issued a demolition permit on July 23.

During a June hearing, an attorney for Tran and co-owner Richard Hazen, the owners of Angelinos Sea Lodge, said that a demolition permit from the Florida Department of Environmental Protection (FDEP) expires on July 31, creating the demolition deadline.

The couple has defended the treehouse against claims that it was built illegally since it was built in 2011. The owners have maintained that they contacted the Holmes Beach Building Department to inquire if they needed a permit to build a treehouse and were told they did not. City leaders say that not only did the owners need a permit from the city, they also needed one from the Florida Department of Environmental Protection for the two-story beachfront structure, which was built in an Australian pine tree, supported by poles decorated to look like tree trunks and sports windows.

After the fact permit applications to the city were denied due to the treehouse infringing on the erosion control line. Development seaward of the line is prohibited by state law.

In an attempt to keep the treehouse aloft, the owners petitioned the courts, going so far as to petition the U.S. Supreme Court to weigh in on the matter. The high court refused to hear the case and demolition of the treehouse was ordered by Judge Edward Nicholas in the 12th Judicial Circuit Court for Manatee County in February.

Tran and Hazen received an extension of the July 3 deadline to obtain the demolition permit from the city. They hosted an opportunity over the July 4 holiday week for fans to say goodbye to the treehouse.

A compliance hearing is set for Thursday, Aug. 8 at 11:30 a.m. with Nicholas.

Fans say goodbye to treehouse

Fans say goodbye to treehouse

Written by SUN contributor on . Posted in Community News, Featured, Holmes Beach.

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.”

Letter to the Editor: Perseverance comes with a price

Written by SUN contributor on . Posted in Letter to the Editor, Opinion.

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

Written by SUN contributor on . Posted in Community News, Holmes Beach.

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.

More fines added to treehouse owners’ tab with Holmes Beach

More fines added to treehouse owners’ tab with Holmes Beach

Written by SUN contributor on . Posted in Community News, Holmes Beach.

HOLMES BEACH – Lynn Tran and Richard Hazen are no strangers to having issues with city leaders after having ongoing litigation for nearly a decade over their beachfront treehouse. Now, those issues are carrying an even heavier price tag.

During an April 21 code compliance special magistrate hearing, the couple was once again before Holmes Beach special magistrate Michael Connolly, this time for Connolly to assess fines over non-compliance with the city’s codes.

In March, Connolly heard a case from city code officers where the couple, owners of the Angelinos Sea Lodge, were accused of renting their four vacation rental units without a vacation rental certificate. Despite arguments from the couple’s attorney, Bruce Minnick, Connolly found that they were in violation of the city’s codes and warned that if renting of the units continued without valid VRCs they would face fines. During the April hearing, Connolly ruled that they were still in violation of city codes and handed out a fine of $125 per day from March 18 until the property can be brought into compliance. This new fine is on top of a longstanding $50 per day code fine that, as of the March 17 special magistrate hearing, topped out at $198,485.17, according to City Treasurer Lori Hill. Now that total is more than $200,000, not including the additional $125 per day along with legal fees.

Though the issue of short-term rental units without VRCs is now a code problem on the property, the primary issue is the beachfront treehouse at Angelinos Sea Lodge, which has been a point of contention between Tran and Hazen and the city for years. City leaders allege the treehouse was built without permits, not in compliance with city building codes and on the erosion control line, which is not allowed without prior authorization from the Florida Department of Environmental Protection. Tran and Hazen argue that they went to the city building department before constructing the treehouse to ask what permits they needed and were told by an employee at the time that none were needed. Practically since it was built, the fate of the two-story structure has been wrapped up in litigation.

The only way, according to city code compliance officers, to clear up the code issues on the property is to remove the treehouse and pay all outstanding fines and costs against the property. Once that is done, the owners can start the process of having their VRCs renewed by the city to rent the four vacation units.

Before Connolly made his ruling, Minnick appealed to him for leniency for his clients, saying that continuing to fine them without giving them a way to make a living was creating a no-win situation for both parties.

Litigation concerning the treehouse is still ongoing with cases before the the 12th Judicial Circuit Court in Manatee County and another before the U. S. Supreme Court to determine if that body will hear the case.

Speaking on behalf of the city, attorney Erica Augello said the two code issues were separate and have no bearing on each other except that they exist on the same property. She added that the code fines against the treehouse were not a subject of litigation. Minnick argued that they do intermingle because the VRC issues cannot be resolved without first resolving the treehouse issue and that by not allowing his clients to rent the units, the city is taking away their ability to generate income.

While he said he could convince his clients to pay the special magistrate hearing costs of $127.24, they would be unable to pay for the hefty fines attached to their property due to the ongoing code issues and would be unable to even sell the property because the code fines would be transferred to a new owner. Minnick said that if the special magistrate chose to assess additional fines and city leaders were not willing to work on a settlement agreement with his clients that litigation would continue between the two parties.

“Let my people go,” Minnick pleaded. “I’m on bended knee. Let my people go.”

In an email to The Sun after the hearing, Tran said that if the petition to the Supreme Court failed that the couple will continue to pursue all other available legal recourse.

“The city is giving us no choice, taking away our basic rights and liberty and treating us like criminals,” she said in the email.

If all legal options fail, Tran said the couple would remove all of the trees and the treehouse on their property, seek out investors, build a “monster luxury three-story multi-family wedding cake place” and sell to someone else to pay the fees and fines levied against the property.

During the hearing, Augello said the time for settlement talks was over.

The next hearing in the 12th Judicial Circuit Court in Manatee County concerning the treehouse is scheduled for May 3.

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Treehouse owners clash with city over VRC renewals

Treehouse owners start new year in court

Treehouse owners start new year in court

Written by SUN contributor on . Posted in Community News, Holmes Beach.

BRADENTON – The case of the city of Holmes Beach versus beachfront treehouse owners Lynn Tran and Richard Hazen is back in Manatee County Circuit Court.

During a Jan. 7 hearing, Judge Charles Sniffen heard arguments from attorney Randy Mora, representing the city, and attorney Lorraine Novak, representing the Florida Department of Environmental Protection on both organizations’ motions to dismiss. Tran stepped up to the podium to represent herself and Hazen during the proceedings.

Sniffen said that he would review all of the material presented to him before rendering a judgment on the two motions to dismiss. He also said that the city’s motion for sanctions, which was not heard during the hearing, would need to be postponed until he ruled on the city’s motion to dismiss.

Sniffen did grant the city’s motion for judicial notice, which Tran said she had no objection to. By granting the motion for judicial notice, Sniffen is required to take into account all of the previous legal actions and currently pending cases in the treehouse case. Currently, there is one appeal pending in the United States District Court for the Middle District of Florida and two additional cases pending in Manatee County Circuit Court.

The treehouse case stretches all the way back to when the treehouse was constructed on the beach in front of the Angelinos Sea Lodge in 2011. According to Tran, a complaint was lodged against the construction when the two-story structure was almost completed in November of 2011 and the owners were given 30 days to remove the structure.

The treehouse is built on Tran and Hazen’s property but within the boundaries of a setback from the erosion control line. The two-story structure is for the couple’s private use and is built partially in a large Australian pine with pilings made to look like tree trunks for additional support. One of the pending cases concerns the property owners’ rights regarding construction within the erosion control line setback.

Tran said the couple spent approximately $20,000 to build the treehouse. Now the couple is facing several times that amount in legal fees and code enforcement violation fees of $50 per day that have been accumulating since mid-2013. During the Jan. 7 hearing, she said that she was representing herself and Hazen due to financial constraints.

Even if Sniffen comes back with a ruling in the city’s favor, Mora acknowledged that the fight to either save or remove the treehouse is still far from over considering the other pending litigation, including whether or not the court will order the removal of the treehouse from its Australian pine perch.

Related coverage:

 

Tree house case back in court

 

New filing in tree house case

Tree house case back in court

Tree house case back in court

Written by SUN contributor on . Posted in Community News, Holmes Beach.

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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Tree house

City to pursue tree house demolition in court

Written by SUN contributor on . Posted in Community News, Featured, Holmes Beach.

HOLMES BEACH – The beachfront tree house in front of Angelinos Sea Lodge won’t stand much longer if city leaders have anything to say about it.

City commissioners voted unanimously to reject demands from the tree house owners that would allow them to retain the structure and to pursue a court order to have the two-story tree house taken down.

Treehouse owners Richard Hazen and Lynn Tran were given until Feb. 9 to apply for a demolition permit with the city. In the hopes of reaching an agreement with the city to end years of litigation and keep the tree house, Hazen and Tran instead submitted a letter of notice and demand refusing to file for a permit and asserting that the city has violated their rights by attempting to force them to remove the structure.

Their demands, with a deadline of April 11, require the city to revoke a 2013 code enforcement board decision requiring the tree house owners to either get a building permit for the structure, which was denied by the city, or remove it.

Building Official Jim McGuinness refused to issue an after-the-fact permit for the tree house stating that its supports need to be deeper in the sand, the structure is not ADA compliant and it’s located over the erosion control line where building is only allowed by city and Florida Department of Environmental Protection special permit.

They also demand the city reimburse the couple for $180,000 in monetary damages and allow the tree house to remain aloft in its Australian pine and wooden piling perch as “exempt from permit requirements.”

If these demands are not met, Hazen and Tran said in their letter that they would continue to pursue the case in court.

In late 2017, Tran and Hazen petitioned the U. S. Supreme Court to hear the case. On Jan. 8, that request was denied, and the city sent a letter demanding the owners remove the structure.

With commissioners agreeing to seek a court order to force the removal of the structure, it looks like the tree house case may be going back to court for a final determination.

Tree house

Supreme Court denies tree house owners’ plea

Written by SUN contributor on . Posted in Community News, Featured, Holmes Beach.

HOLMES BEACH – It may be the end of the road for Lynn Tran and Richard Hazen’s beachfront tree house.

After local and state court rulings found in favor of the City of Holmes Beach and removal of the tree house, Tran and Hazen appealed to the U.S. Supreme Court. Justices reviewed the case, along with many others, in a closed session on Jan. 5 and released a list on Jan. 8 of denied appeals. The tree house appeal was denied.

“I don’t know what to do next,” Tran said. “I don’t know what we can do.”

While she hopes to hold onto her beloved tree house, Tran said she’s unsure if there are any more avenues of appeal to pursue to keep the structure aloft in its Australian pine tree perch supported by four posts disguised as tree trunks on the beach in front of Angelinos Sea Lodge. She and Hazen plan to discuss any available options with their attorney before taking any action.

Mayor Bob Johnson said the ruling was what city leaders were expecting to hear from the Supreme Court.

“I’m glad we’re at the point of closure,” he said.

From the city’s perspective, it’s time the tree house comes down. He said the plan now is to begin discussions with Tran and Hazen about how to move forward.

Tran and Hazen constructed the two-story tree house in 2011 for about $20,000. When planning the structure, Tran said the city’s building department was consulted. The couple was told they didn’t need a permit for a tree house, she said. After the structure was completed, it was determined that a permit was needed, and an after-the-fact permit could not be released because the structure does not meet Florida building codes. The location of the tree house also is problematic as it is partially located over the erosion control line where construction is not allowed to take place without a permit from the Florida Department of Environmental Protection. Building Official Jim McGuinness reviewed the structure as late as January 2017 and determined there was no way to bring the structure up to current codes. He refused to issue an after-the-fact building permit, recommending the structure be torn down.

After the courts ruled in favor of the city, a fine of $50 per day for every day the tree house remains aloft was imposed on Tran and Hazen. That number has climbed upwards of $50,000 plus a fixed fine of $4,271 along with many thousands of dollars of legal fees on the part of the couple and the city.

In order to bring down the tree house, Tran and Hazen will need to apply for a demolition permit from the city.

Johnson said he hopes the situation “will end in an amicable way.”

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Tree house still stands tall in Holmes Beach

Tree house at Angelinos

Tree house still stands tall in Holmes Beach

Written by SUN contributor on . Posted in Community News, Holmes Beach.

HOLMES BEACH — The double-decker tree house at Angelinos Sea Lodge remains in its beachfront perch, for now.

Despite worries that a hurricane would bring down the structure, the tree house suffered no damage from Hurricane Irma, according to owner Lynn Tran. The tree house has been a bone of contention for more than five years between city leaders and owners Tran and Richard Hazen. It is nestled in a large Australian pine tree located partially beyond the erosion control line seaward of the lodge. Built without permits due primarily to a communication error between Tran-Hazen and the city’s building department and not up to current building codes according to Holmes Beach Building Official Jim McGuinness, the location of the tree house left some wondering if it would weather the wrath of the storm.

“We are happy the tree house is still here, at least for a little while longer,” Tran said.

Prior to Hurricane Irma sweeping through the area Sept. 10, Tran said the lodge had several visitors taking what was thought could be the last photos of the tree house.

In preparation for the storm, Tran and Hazen boarded up windows, secured or removed outdoor furniture and tied down items too heavy to move, but that might fly away or cause damage in high winds. For the tree house, they removed the windows, secured the structure and removed anything that could fly away.

“We did what we can,” she said, adding that the tree house is a flow-through structure designed with hurricanes in mind. The round, two-story structure is attached to the Australian pine and its other support posts with hurricane-rated brackets. In her opinion, Tran said she feels the added support from the tree house might help to hold the tree it’s located in together during high wind events.

“That’s just my opinion,” she said, laughing.

Rather than evacuate, Tran and Hazen chose to stay at the property they’ve owned for the better part of two decades during the hurricane. Tran said she told her concerned mother that if the birds and the fish weren’t leaving the Island for the storm, neither was she.

“It was the loudest wind we’ve ever heard,” she said of the hurricane. Luckily, once the storm cleared, the tree house nor the lodge suffered any damage. Tran said two days later they were able to host a small wedding at the property.

“We’re lucky,” she said. “Overall, things turned out really well for us and the Island.”

Though the tree house survived the storm, its future still remains uncertain. Tran caved to a demand from the city to apply for a demolition permit for the structure, however she hopes to keep the tree house.

After losing a previous court appeal, Holmes Beach city leaders gave Tran and Hazen a deadline to file for the permit. With the deadline extended to Sept. 18 due to the hurricane, Tran filed the paperwork but hopes she’ll never have to use the permit.

Tran and Hazen are appealing the decision from the Florida Second District Court of Appeals, which favored the city’s position, with a petition for writ of certiorari to the U. S. Supreme Court. It a move they hope will end litigation and save the treehouse.

“We’re keeping it for as long as we can,” she said.