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Treehouse lien reduction denied again

Treehouse lien reduction denied again

Written by Joe Hendricks on . Posted in Community News, Holmes Beach.

HOLMES BEACH – By a 3-2 vote, city commissioners have denied a second request to reduce the treehouse-related $188,621 code en­forcement lien the city placed on the Angelinos Sea Lodge.

Owned and operated by Holmes Beach residents Lynn Tran and Richard Hazen, the beachfront resort is located at 2818 Avenue E.

The lien is the result of the $125-per-day code enforce­ment fine the resort owners incurred for 14 years while contesting the city’s request to remove the beachfront treehouse that was built without a city-issued building permit. After a long, costly legal battle, the treehouse was removed on Aug. 29, 2024. At that point, the daily fines for the unpermitted treehouse stopped accumulating, but they remain unpaid.

Treehouse lien reduction denied again
The infamous Holmes Beach treehouse was removed from this tree in August 2024. – Joe Hendricks | Sun

A lien associated with an unpaid debt can prevent or delay the sale of property and in some cases enable the lienholder to take possession of the property.

Lien reduction denied

On May 27, the commission voted 5-0 against reducing the treehouse-related lien requested by Tran and Hazen, with Tran suggesting $18,000 as a reduced amount to consider.

On June 24, Tran and Hazen again asked the com­mission to reduce the lien.

Commissioner Carol Whit­more made a motion to reduce the lien to $80,000, payable within 90 days. Whitmore said she never supported the treehouse or the legal actions and expenses the city was subjected to, but she wants the long-running saga to end. Commissioner Dan Diggins seconded Whitmore’s motion.

In response to a question from Commissioner Steve Oelfke, City Attorney Erica Augello said the city spent more than $200,000 on the treehouse lawsuits and appeals.

“The city had to file an injunctive action and expend public dollars to affirmatively get a court order after several years to have the treehouse removed,” Augello said.

Oelfke said he sympathizes with the resort owners, but their decisions resulted in the legal costs incurred by the city.

“I can’t support any reduc­tion,” he said.

Commissioner Carol Soustek said she can’t support a lien reduction because Hazen and Tran chose to battle the city in court rather than work with the city to resolve the case.

“That was the choice made, so I cannot support any reduction,” she said.

Commissioner Terry Schaefer said, “The amount of the lien as a result of those accumulating fines is a direct result of a continual 14-year period of resistance. As I said at the last meeting, we hope that you can continue to be a part of our community, but to capriciously reduce our lien – when it’s a direct result of your actions, not the city’s – would make a mockery of our system and would set an ugly precedent. For those reasons, I cannot support reduction of the lien.”

Treehouse lien reduction denied again
Angelinos Sea Lodge owners Richard Hazen and Lynn Tran have twice had their lien reduction requests denied.

When addressing the com­mission, Tran said, “We didn’t do the treehouse out of malice.”

She said the building official at that time told them they didn’t need a permit for the treehouse and they later spent $19,000 in an unsuccessful effort to obtain an after-the-fact building permit.

Regarding the lengthy legal battle, Tran said, “We listened to our at­torney. Please don’t say we chose to be in court for 14 years.”

Mayor Judy Titsworth said, “The choice to appeal was your choice. Unfortunately, 14 years added up. You knew that it was a daily fine but you continued to fight. I’m sorry, but it’s the consequences for the choices that were made.”

Diggins said, “I’m just looking at it from a compassionate point of view. $80,000 is a lot. $188,000 is a lot more. We’re not disputing the validity of the fines. We’re not disputing the lien. We are saying be compassionate to help a citizen.”

“This is a lot of money. I don’t think anyone up here today can write a check for $180,000,” Whitmore said.

Whitmore’s motion failed with a 3-2 vote, with commissioners Oelfke, Schaefer and Soustek opposing the lien reduction.

Soustek then made a motion to deny the lien reduction and that motion passed by a 3-2 vote, with Whitmore and Diggins in opposition.

Vacation rental fines

Tran and Hazen continue to incur a separate $125-per-day fine for operat­ing their resort without a city-issued vacation rental certificate. Those fines now total approximately $190,000.

Treehouse lien reduction denied again
The hurricane-damaged Angelinos Sea Lodge structures closest to the Gulf remain boarded up. – Joe Hendricks | Sun

On May 27, Augello said the resort owners could have applied for a vacation rental certificate when the treehouse was removed but they didn’t; and to obtain a vacation rental certificate now, they must bring their property into compliance by temporar­ily suspending their rental activities and passing a city inspection.

Treehouse lien reduction denied again
This two-story structure is also part of the Angelinos Sea Lodge. – Joe Hendricks | Sun

“They’re not compliant because they’re continuing to rent their prop­erty in violation of code. They haven’t come into compliance,” Augello said on June 24 when Whitmore asked about the resort owners’ recent attempt to obtain a rental certificate.

Related coverage:
Treehouse fines will not be reduced

Holmes Beach logo

Holmes Beach: Year in Review

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

TREEHOUSE COMES DOWN

Holmes Beach: Year in ReviewAfter more than a decade in court, Holmes Beach treehouse owners Lynn Tran and Richard Hazen waived the white flag in July, removing their beloved treehouse from the beach side of Angelinos Sea Lodge. The treehouse was built in 2011 without permits and became the subject of several court cases, ultimately leading to a judicial order to remove the structure. Fans said goodbye to the treehouse over the July 4 holiday. Demolition was completed on Aug. 30.

ELECTION PRODUCES TIGHT RACE

Holmes Beach: Year in Review
Titsworth
Holmes Beach: Year in Review
Roth

Holmes Beach Mayor Judy Titsworth has two more years in office, winning by a thin margin over political newcomer Mike Roth. Titsworth took home the win by 41 votes. Joining Titsworth on the Holmes Beach dais are re-elected Commissioner Dan Diggins and returning Commissioner Carol Whitmore.

RESIDENTS FIGHT CONSOLIDATION, PARKING GARAGE

Plans by former Manatee County commissioners to build a three-story parking garage at Manatee Beach and consolidate the three Anna Maria Island cities were thwarted by voters. Residents, business owners and visitors all came together to fight against both measures, holding a rally in Holmes Beach in May and a Hands Across the Sand event in April.Holmes Beach: Year in Review

PARKING GARAGE PLANS STRUCK DOWN

While Manatee County officials still have permission in the form of a bill approved by the Florida Legislature to build a three-story parking garage at Manatee Beach, those plans are currently on an indefinite hiatus. Voters fought against the parking garage, a project of former county commissioner Kevin Van Ostenbridge, at the polls on Nov. 4. Van Ostenbridge was ousted as the District 3 commissioner and new Commissioner Tal Siddique has pledged to abandon the project.

OPPAGA STUDY RESULTS PENDING

The Office of Program Policy Analysis and Government Accountability study by the state concluded in 2024, but the results have not yet been released. Ordered in 2023 by members of the Manatee County state legislative delegation, the study looked at possible alternatives to having three city governments on Anna Maria Island, including consolidation of the three cities into one and annexation into unincorporated Manatee County or the city of Bradenton. The study was met with much criticism by the public. Holmes Beach Commissioner Terry Schaefer says he plans to review the results of the study with Rep. Will Robinson Jr. in the new year.

MILLAGE RATE LOWERED, TAXES UP

Holmes Beach commissioners voted to lower the millage rate from 2.05 to 1.99 mills, a 2.5% reduction for taxpayers. Despite the lowered millage rate, property taxes still went up by 7.63% for owners due to an increase in property values as assessed by the Manatee County Property Appraiser’s Office.

HURRICANE DEBRIS REMOVAL QUESTIONED

Holmes Beach: Year in ReviewAfter hurricanes blew through the area in September and October, many residents questioned how well the city was handling debris removal along city streets. Hurricane Helene flooded the Island, leaving mountains of sand behind and Hurricane Milton downed trees and fences and caused widespread wind damage, leaving hundreds of tons of debris in its wake. Debris removal has been completed on the Island.

HURRICANE HELENE FLOODS ISLAND

Hurricane Helene swept past Anna Maria Island in the Gulf of Mexico on Sept. 26, but that doesn’t mean the Island was spared from the storm’s wrath. Police Chief Bill Tokajer said that at one point during the storm, his officers measured 2 feet of water standing in the center of Gulf Drive near city hall. The storm caused major flooding and displaced tons of sand from Island beaches.

HURRICANE MILTON CAUSES WIDESPREAD DAMAGE

Anna Maria Island was evacuated for a second time in 2024 when Hurricane Milton approached, making landfall near Siesta Key overnight on Oct. 9. While Hurricane Helene brought the water, Milton brought the wind, downing trees and power lines and causing widespread damage. Milton hit just two weeks after Helene impacted the area. While debris removal has been completed, recovery efforts are still ongoing.

CITY ENACTS VACATION RENTAL MORATORIUM

After a second major hurricane swept through the area in as many weeks, Holmes Beach city leaders voted to enact a vacation rental moratorium in an effort to keep tourists away while recovery efforts were in their early days. Rental agents and owners opposed the moratorium, which initially banned vacation rentals in the city for 45 days. Commissioners revisited the moratorium in 30 days and opted to end it two weeks early.

LIGHTNING STRIKES TWO HOLMES BEACH BUSINESSES

Holmes Beach: Year in ReviewA thunderstorm on Aug. 22 resulted in a two-alarm fire when lightning struck the Holmes Beach Business Center, damaging two local businesses. The lightning strike hit the roof of the west side of the complex, damaging West Coast Air Conditioning and Heating and Fun and More Rentals. Firefighters from West Manatee Fire Rescue and three other local districts quickly extinguished the fire. No one was injured but the building sustained major damage.

WATER TAXI STOP DISCUSSED

Manatee County and Holmes Beach leaders argued over the potential for a water taxi stop in the Island’s biggest city over the summer. In July and August, county officials made it clear that they want a stop for the Gulf Islands Ferry service in Holmes Beach, preferably somewhere near city center. Holmes Beach city leaders were divided on the idea with some favoring a stop at Kingfish Boat Ramp. Discussions were derailed by the arrival of hurricanes Helene and Milton.

BEACH PARKING BY THE NUMBERS

Public parking for beach access was a hot topic of conversation early in 2024 with Manatee County commissioners vowing to build a three-story paid parking garage at Manatee Beach to create more spaces. City leaders contended that there are more than enough parking spaces available in Holmes Beach for the number of people who can comfortably be accommodated on the beach.

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.”

Treehouse owners prep for demolition

Treehouse owners prep for demolition

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

HOLMES BEACH – The bells are tolling their last for the beachfront treehouse at Angelinos Sea Lodge as an attorney for the owners has confirmed in court that the structure will be demolished by the end of July.

Twelfth Judicial Circuit Court Judge Edward Nicholas met with attorneys for both the city and the owners of the structure via a Zoom hearing on June 26 to hear how compliance with his February order mandating the removal of the treehouse was progressing. Attorney Fred Moore, speaking on behalf of owners Lynn Tran and Richard Hazen, said that permits were being filed with the city’s building department for the removal of the structure, a contractor has been hired and a permit from the Florida Department of Environmental Protection (FDEP) has been issued for the demolition of the treehouse. With the FDEP permit expiring on July 31, Moore said the couple will move forward with demolition as soon as the city permit is granted.

“The demolition of the treehouse will take place,” Moore said.

Chad Minor, Holmes Beach city planner, said during the hearing that the treehouse owners’ contractor had not supplied all the required permit application documents as of the time of the hearing. Moore said that the contractor and the couple are working to comply with all the permit requirements. No permits for demolition were issued by the city as of press time for The Sun.

Sanctions in the amount of $4,040 also were paid by the couple, the city’s attorney, Randy Mora, confirmed.

Nicholas agreed to a final case status conference to be held by Zoom in mid-August to make sure that the treehouse has been removed in compliance with his Feb. 12 order. Initially, the order set a deadline of July 3 for removal, though he agreed to allow Tran and Hazen 45 more days to obtain the necessary permits and remove the contested structure. As of July 3, city leaders legally have the option to provide written notice to the owners to enter the property and remove the treehouse with the bill for removal going to Tran and Hazen for reimbursement. Mora said that with the owners actively working on getting the permits and planning for demolition he doesn’t believe city leaders are planning to take that route and instead are still hoping for compliance from Tran and Hazen.

The treehouse has been a point of contention for more than a decade since it was first dreamed up by the couple in 2009.

Tran and Hazen state that they contacted the city’s building department at the time to see if they needed a permit for a treehouse and were told they did not. Once the two-story treehouse was built in an Australian pine with additional wooden pillar supports westward of the couple’s home, which also is home to their four-unit vacation rental business, issues with the city began.

Code enforcement notified the couple that they needed a permit for the structure, though they were unable to meet the requirements for an after-the-fact permit, according to city leaders, due to the treehouse’s proximity to the erosion control line.

The treehouse became the subject of code enforcement special magistrate hearings and court cases in 2011, continuing until this past May when an appeal to Nicholas’s February ruling was abandoned by the couple in Florida’s Second District Court of Appeal.

Judge orders demolition of treehouse

Judge orders demolition of treehouse

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

HOLMES BEACH – The battle over the fate of the treehouse is finished with 12th Judicial Circuit Court Judge Edward Nicholas dealing the final blow in court.

In the final hearing of the last court case in Manatee County, Nicholas ruled in favor of the city’s request for a court order to have the treehouse removed from its Australian pine perch on the beach in front of Angelinos Sea Lodge. While he said that owners Richard Hazen and Lynn Tran could appeal his decision to the Second District Court of Appeal, the only way to stop the demolition of the treehouse is an order staying the removal order.

In speaking with The Sun on Feb. 29, Tran said she’d already submitted the engineering plans for the treehouse to the city for evaluation and requested applications for demolition permits.

“It will be a very sad day taking it down,” Tran said.

During the Feb. 28 hearing, Nicholas sanctioned Tran and Hazen for filing a third amended complaint in the case, calling the move a stall tactic to prevent the case from moving forward.

Representing the city during the most recent hearings was attorney Randy Mora.

“It’s not about what the city wants but about legal requirements,” he said. “It’s time to resolve this. All litigation must come to an end. This is that end.”

For the treehouse to be permitted as a recreational structure, it would require site plan approval, permits and to be properly set back from the erosion control line, none of which Mora said was possible given the circumstances.

“The treehouse is located within 30 feet of the erosion control line,” he said, noting that wasn’t the city’s only issue with the structure. “That structure still stands because the owners refuse to comply with enforcement. There is no version of the treehouse that will be allowed. No plans are or were approved. The city seeks an end to these proceedings here today. We are here because the city is without any other recourse.”

Tran represented herself and Hazen during the proceedings.

When making his ruling at the end of the more than three-hour hearing, Nicholas said that he agreed with a statement made by Tran at the beginning of the session that the case was, in fact, pretty simple.

“The saga of the treehouse is over,” he said, adding that the case was, at its core, an appeal of a code enforcement administrative order.

“Ultimately the bottom line is that the treehouse is within the ECL (erosion control line) setback and in violation of the city code and remains uncompliant after 11 years,” he said. “The respondents (Tran and Hazen) are unwilling to accept that they have lost. This is not about taking anyone’s property. This is about the respondents’ unreasonable unwillingness to accept the inevitable. The city is entitled to the injunctive relief it seeks.”

Nicholas gave the owners 90 days from the recording of his filing, expected within days of the hearing, to apply for demolition permits and remove the treehouse. Otherwise, with 72 hours’ notice, the city can enter the property and remove the treehouse with the cost of removal charged to the owners.

After the hearing, Tran and Hazen both said they were unsure what their next move would be, but Tran told The Sun on Feb. 29 that they would be pursuing removal of the treehouse.

Treehouse history

Hazen said he first approached Holmes Beach city staff in April of 2011 about building a treehouse on the property he shares with Tran. At the time, he said he didn’t have a plan for the structure, he just knew he wanted to build something, and was told by then-building official Bob Schaefer that he just needed to build something that was safe and that people wouldn’t easily fall out of, and that there was nothing explicitly in the city’s codes about a treehouse.

Construction on the two-story beachfront structure began in May 2011 with the treehouse being supported by an existing Australian pine tree and several pilings disguised as tree trunks. Tran said that construction was primarily completed in November 2011 when the city received an anonymous complaint about the treehouse. She said the couple received the first notice of violation from the Florida Department of Environmental Protection on Nov. 29, 2011. She added that FDEP staff was looking at either an exception for a permit for the structure or a way to approve it with an after-the-fact permit.

Thinking that the issues with the structure were only with FDEP, Tran said the city had given verbal approval for the construction. It wasn’t until 2013 that the couple say they learned that wasn’t the case.

Tran said they had to get a letter from the city stating that staff didn’t contest FDEP issuing a permit for the treehouse. When they tried in early 2013 to get that letter, she said they received a first notice of violation from the city in April 2013, the first time she said she and Hazen learned about a 50-foot required setback for construction from the erosion control line. Unfortunately for them, the treehouse was constructed within that setback and no exemption could be given by the city or FDEP staff.

In June 2013, the couple received the first of several code violations on the property, this one at $100 per day until the property was brought into compliance. Though a judge later reversed that violation, the property still has an ongoing daily code violation of $50 per day, along with fines for operating a vacation rental without a city-issued vacation rental license. Over the years, the amount owed in code violation fines has swelled to well over $300,000 in addition to attorney fees and court costs.

Litigation between the city and the treehouse owners spanned more than a decade between 2013 and 2024.

Vacation rental issues

The treehouse isn’t the only structure on Tran and Hazen’s beachfront property. The couple also owns and operates Angelinos Sea Lodge, a short-term vacation rental with four units. Though they had previously had vacation rental certificates issued by the city for the operation of those units, in 2021 they were unable to renew the certificates because of a code violation at the property – the treehouse was the code violation. In addition to removing the treehouse, the couple was required to pay all fines, at that time amounting to about $200,000, before vacation rental certificates for the units could be issued.

City staff took the couple before the code compliance special magistrate in April 2021 where a $125-per-day fine was assessed for renting without a vacation rental certificate. In June of that year, Tran appeared again before the special magistrate, breaking into tears because in refusing to allow them to rent the units, city leaders were taking away their source of income.

During the Feb. 28, 2024 hearing, Tran said the couple could pursue litigation against the city due to the non-issuance of vacation rental certificates and the ensuing fines if needed to settle that dispute with Holmes Beach city leaders.

Treehouse owners consider removal

Treehouse owners consider removal

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

HOLMES BEACH – Owners of the Angelinos Sea Lodge Lynn Tran and Richard Hazen had a busy week with a court hearing and a special magistrate hearing to attend.

The most dramatic of the two hearings was the June 11 special magistrate hearing in the city of Holmes Beach when Tran broke down in tears defending herself and Hazen, who were accused of renting their four vacation rental units at Angelinos Sea Lodge without valid vacation rental certificates.

Though Tran admitted on the record that they are continuing to rent the units, she said that it’s unfair of the city to lump the resolution of the fight over the couple’s beachfront treehouse in with the business that they’ve been operating for 21 years.

The couple is caught in a Catch-22 because city leaders won’t renew their vacation rental certificates until code issues on the property are resolved. Those issues include paying the fines assessed due to the treehouse, which Tran says they can’t do without their source of income – the money they get from renting the four vacation rental units.

For the first time in the 10 years since its construction, Tran publicly said she and Hazen are considering removing the treehouse just to end the issues between them and city leaders, though she said that isn’t something that can be done overnight. She also added they’re awaiting final verdicts in all three of the pending court cases concerning the treehouse before making a final decision about its removal.

Tran said they’re willing to work with the city to come to a reasonable solution to the problems.

The couple was denied renewal of their vacation rental certificates in late 2020 due to the outstanding code violation on the property, namely the continued existence of the treehouse in its beachfront Australian pine-and-telephone-pole perch and the more than $200,000 in fines accumulated against it. City leaders say the matter of the treehouse needs to be resolved and the fines settled before the VRCs can be renewed to allow the couple to rent the units legally in the city.

Since an after-the-fact permit for the treehouse cannot be given because it doesn’t meet current building codes, city leaders are demanding that the treehouse be removed. One of the three cases concerning the treehouse pending in 12th Judicial Circuit Court is an injunction for the city to forcibly have the treehouse removed. The case does not yet have a court date set for a hearing.

Special Magistrate Michael Connolly recommended Tran, Hazen and city leaders engage in arbitration. Connolly, who said he doesn’t have the jurisdiction to grant renewal of the couple’s VRCs and ruled there is a continuing violation on the property, did not assess a fine in addition to the current $125 per day fine he ordered during an April code compliance hearing.

12th Judicial Circuit Court Judge Charles Sniffen heard the city’s motion to dismiss the third amended complaint lodged by Tran and Hazen on June 9, with the Florida Department of Environmental Protection joining the city’s motion.

In the complaint, Tran and Hazen allege the actions taken against them by the city and FDEP violate their rights as property owners and as people. In her arguments, Tran said the case was filed to stop the forcible removal of the treehouse by the city and the accumulation of daily fines, which have been collecting at $50 per day since a code enforcement hearing in 2015. Tran served as her and Hazen’s counsel during the hearing.

The $50-per-day fine is in addition to the $125-per-day fine assessed by Connolly in response to the couple’s continued renting of the property in violation of the Holmes Beach vacation rental certificate ordinance.

Speaking on behalf of the city, attorney Randy Mora said the city is sympathetic to her serving as their counsel but feels the matter needs to move forward, urging Sniffen to dismiss the case with prejudice so that it cannot be refiled.

Tran said she’s working to write the complaint for herself and her husband and if Sniffen rules that it be amended again, she said she’d like more specific instructions about what needs to be included rather than have him dismiss the complaint altogether. When pleading for relief, she said she’s not sure what relief is possible at this point but hopes that the case will go to trial and she will be permitted to provide discovery materials to the court.

“I can only hope that justice will be rendered,” Tran said.

Though Sniffen said he would provide a ruling on the case by June 11, no ruling had been filed as of press time for The Sun.

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More fines added to treehouse owners’ tab with Holmes Beach

U.S. Supreme Court refuses to hear treehouse owners’ case

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

HOLMES BEACH – The U.S. Supreme Court has dealt another legal blow to the owners of the beachfront treehouse at Angelinos Sea Lodge.

Owners Lynn Tran and Richard Hazen had appealed to the court to issue a writ of certiorari in their case against the city of Holmes Beach. The owners have been fighting to keep their treehouse in its Australian pine perch in front of their home and four-unit vacation rental property for nearly a decade.

The court denied the appeal in a document issued May 3. It is the second time the court has refused to hear a matter regarding the treehouse, the first time being in 2017.

The denial from the highest court in the land is the second setback to the treehouse owners’ case in less than a month. The first came from the Holmes Beach special magistrate, who ruled during an April code compliance hearing that Tran and Hazen violated the city’s vacation rental ordinance. The magistrate said the owners were renting their four units without valid vacation rental certificates issued by the city.

The couple applied for VRC renewals in late 2020 but were denied due to outstanding code compliance issues on the property, namely the treehouse and associated code fines. Until the fines are settled and the existing issues are remedied – with either the treehouse being removed or the city allowing it to stay – the VRCs cannot be issued.

Speaking on behalf of Tran and Hazen during the special magistrate hearing, attorney Bruce Minnick said the city cannot expect his clients to be able to pay the outstanding fines, more than $200,000, without being able to rent the units that provide their income.

Special magistrate Michael Connolly ruled the couple violated the city’s ordinances, ordering them to immediately stop renting the units and imposing a $125 per day fine. The fine is in addition to a previously issued fine of $50 per day.

In a May 6 email to The Sun, Tran said she and Hazen are disappointed that the U.S. Supreme Court denied their petition. She added they will continue to pursue every legal avenue open to them to try and save their treehouse and hang on to their Holmes Beach property unless city leaders are willing to work on a compromise with them.

The couple still has cases against the city and the Florida Department of Environmental Protection pending in Manatee County 12th Judicial Circuit Court.

Related coverage

 

More fines added to treehouse owners’ tab with Holmes Beach

 

Treehouse owners get harassing calls

 

Treehouse owners get no relief from special magistrate

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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Written by Cindy Lane on . Posted in Community News, Featured, Holmes Beach.

HOLMES BEACH – Treehouse owner Huong Lynn Tran isn’t answering her phone much these days, afraid of more calls like the one she received earlier this month.

“Everybody on this Island hates you and can’t wait until that treehouse is knocked down,” an anonymous woman caller shouted into her voice mail. “Do you realize there are hungry children right here in Manatee County and you have the nerve to try to set up a GoFundMe page for $200,000 for your legal fees?”

Tran and her husband, Richard Hazen, have accumulated the legal fees defending the elevated, two-story beachfront treehouse they built without permits in 2011, partially – and unlawfully – landward of the erosion control line at Angelinos Sea Lodge, their vacation resort at 2818 Ave. E.

Tran says the call is not the only threatening call they have received.

“This lady claimed many people on the island are just like her and hate us, the idiots with the treehouse,” said Tran, who, with Hazen, has petitioned the U.S. Supreme Court to hear the case. “Why do some people in the city hate us, and the non-native Australian pine, and the treehouse that is now part of the tree? The legal money that the city spent just to force the removal of a beautiful Australian pine tree with a treehouse in it can be used to feed hungry children in Manatee County.”

The couple named both the city of Holmes Beach and the Florida Department of Environmental Protection (DEP) as respondents in the petition before the nation’s highest court. Both responded to the petition last week with legal briefs.

In its brief to the court filed March 26, the city denies the couple’s claim that they have been deprived of “equal access to federal courts to seek equal justice, relief and secure their constitutional rights” and asserts that the city gave the couple fair notice of the consequences of failing to correct the code issues associated with the treehouse.

Treehouse owners get no relief from special magistrate
The treehouse is still standing tall over the sand at Angelinos Sea Lodge in Holmes Beach, but it may not be that way for long if the owners want to keep renting vacation units. – Cindy Lane | Sun

The city has maintained since 2011 that when the couple asked a previous building inspector whether they needed permits for a treehouse, they did not disclose that it would be two stories, 10 feet off the ground and supported by pilings disguised as tree trunks.

Earlier this month, the couple’s fight with the city took a new turn when a special magistrate ruled that Tran and Hazen will not be allowed to lease their vacation rentals until they settle code compliance issues with the city regarding the treehouse. Since the city has decided the couple is not eligible for an after-the-fact permit due to lack of compliance with Florida building codes, demolition is the only remaining option, according to the city building department.

In its brief to the court filed on March 26, DEP agrees with Holmes Beach that the Supreme Court should not hear the case for numerous legal reasons, including that previous lower court decisions were not in conflict and that the appeals court acted appropriately to dismiss the couple’s appeal because evidence was lacking.

“We pay lots of tax money each year in property tax and resort taxes,” Tran said. “Stop wasting our money to fight us. Use our tax money to feed the hungry children, fix broken sidewalks, fix flooded streets, and restore our civil rights and our constitutional rights.”

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

HOLMES BEACH – The owners of Angelinos Sea Lodge will not be allowed to lease their vacation rentals until they settle code compliance issues with the city, a special magistrate has ruled.

Settling those issues likely means demolishing the two-story beachfront treehouse they built without permits in 2011, partially on the erosion control line at 2818 Ave. E.

During the March code compliance hearing, special magistrate Michael Connolly ruled that Lynn Tran and Richard Hazen are violating the city’s codes by leasing their vacation rental units, ordering them to cease until they obtain valid vacation rental certificates (VRCs). They also must refrain from advertising the property and pay hearing costs of $127.24. Another hearing will be required to assess the $250-per-day fine requested by code officers, he said.

During the past decade, the couple has been able to legally obtain VRCs for each of the four rental units on their property. City Code Compliance Supervisor James Thomas said that the VRCs were issued to the owners despite pending code enforcement issues on the property, namely the treehouse. With legal action on the code enforcement issues complete, city leaders, on recommendation from legal counsel, denied the renewal of the couple’s four VRCs when they expired Nov. 2, 2020. In an October 2020 letter to Tran and Hazen, code officers stated that the VRCs could not be renewed by the city until all of the code issues on the property were resolved and fines were paid or otherwise settled.

As of March 17, the code enforcement fines were $198,485.17 and growing daily.

The only options to clear up the code issues concerning the treehouse are to remove it or obtain after-the-fact permits for it, according to Thomas. When city building officials determined that the treehouse didn’t meet Florida building codes and is not eligible for the permits, demolition emerged as the only option to resolve the code issues.

The couple, represented by attorney Bruce Minnick during the hearing, was brought before the special magistrate on the allegation that they are continuing to rent the units without VRCs or resolving the code issues on the property.

While Thomas said he hasn’t found advertising online for the property in the last three months, he said he has been to the property several times and observed what appeared to be rental activity. He said he gave a notice of violation to one of the owners of the property on Dec. 28.

Minnick said that due to pending litigation in the U.S. Supreme Court and courts in Florida and Manatee County, the special magistrate hearing shouldn’t even be taking place. He argued that his clients have a state license to operate the rentals and were unfairly denied the VRCs by the city after having them previously issued and renewed by the city. He said the rentals are the couple’s primary source of income, adding, “My clients are constitutionally allowed to make a living.”

Minnick also warned that if the city’s leaders decided to keep going down this path that there would be further litigation.

“The city and its attorneys are intentionally violating the constitution of the United States,” he said.

Tran and Hazen were not present at the hearing.

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

HOLMES BEACH – The beachfront treehouse built by Lynn Tran and Richard Hazen is the story that just keeps on giving.

While the owners are still appealing a court ruling ordering the destruction of the treehouse, they now have a new issue – they can’t renew their vacation rental certificates.

Code Compliance Officer James Thomas said that he’s been working with the owners of Angelinos Sea Lodge – the home of the controversial treehouse – to get the issues resolved between them and the city so that they can get the VRCs, which allow them to rent the four short-term vacation rental units on their property.

While Angelinos previously had VRCs for the units, Thomas said that city code prevents him or his fellow officers from renewing the certificates due to the outstanding code violations and fines on the property related to the treehouse, which is under a court order to be torn down. He added that the code compliance department has been advised by the attorney handling the treehouse case for the city, Randy Mora, to not issue any VRC renewals on the property until the code issues are cleared up.

Thomas said that Tran and Hazen will have to work with the city’s building department to make the treehouse a legal structure on the property, which is unlikely, since they tried to get after-the-fact permits for the structure a few years ago and were given a long list of reasons why former Building Official Jim McGuinness denied those permits. Some of those issues are that the supporting posts are not buried far enough in the sand to appropriately support the treehouse structure according to code, the treehouse is not accessible to the disabled and it’s located too close to the erosion control line to be legally permitted. Holmes Beach Building Official Neal Schwartz did not return a request for comment from The Sun.

Thomas said their other option is to pay the code compliance fines and remove the treehouse to clear the code issues on the property.

If the treehouse is either made legal under city permits or torn down, he said the VRC renewals for the four vacation rental units can be processed. Until those renewals are granted, Thomas said that the units have to remain closed to visitors.

As of Oct. 15, the daily accrued code fine against the treehouse owners was $95,600. With fines accruing at $50 per day, that adds about another $3,650 through Dec. 27. As of Dec. 22, City Treasurer Lori Hill said the treehouse owners owe the city $184,914 in legal fees.

In response to the city’s Oct. 16 denial of the renewal of the VRCs, Tran and Hazen submitted a letter to the city Oct. 19 stating that they had received a legal opinion on the renewal denials and believe they were issued in error for several reasons. One of those reasons is that there are still three pending appeals in Manatee County Circuit Court, and the owners also are appealing to the United States Supreme Court for a second time to review the case.

Another reason is that the treehouse isn’t a habitable structure on the property and is for the personal use of the owners, not vacationers at the property. The other listed reasons are the loss of income due to lost reservations on the property with the VRCs not renewed on time and the fact that the VRCs were both initially issued and renewed once by the city during the time that the treehouse has been standing on the property. The owners’ legal opinion came from attorney David Levin.

Thomas said that he’s found both Tran and Hazen to be receptive to efforts to resolve the situation but until a resolution is reached, the Angelinos Sea Lodge remains closed to guests.

Tran and Hazen did not return requests for comment from The Sun.

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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.

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

HOLMES BEACH – Treehouse owners Lynn Tran and Richard Hazen will be kicking off the new year in Manatee County Circuit Court as they try to save their beloved two-story treehouse from the wrecking ball.

Tran and Hazen filed for a temporary injunction Dec. 10 asking the court to prevent the city of Holmes Beach or the Florida Department of Environmental Protection from forcibly removing their treehouse from its Australian pine perch in front of their Angelinos Sea Lodge. In a summons received at Holmes Beach City Hall, the couple cited irreparable harm and loss of property value as reasons to allow the treehouse to remain, saying that if the treehouse was torn down there’s no way they could ever rebuild it and there would be damage to the large pine tree or the tree would potentially be taken down with the treehouse. They also asked for relief from the more than $65,000 in fines, growing at a rate of $50 a day for every day the treehouse remains aloft, attributed to the code enforcement violation by the city.

The treehouse was built without a permit more than six years ago. Tran and Hazen say that they went to city hall to inquire about a permit and were told they didn’t need one for a treehouse. They built the two-story structure partially in a large Australian pine that sits on the erosion control line and partially supported by telephone pole-like structures that are disguised to look like trees. When the construction was brought to city leaders’ attention in 2012 it sparked a case that has been ongoing for six years with no end in sight. For their part, city leaders are committed to seeing the treehouse come down and are seeking restitution for the $151,135 spent in court costs and attorney’s fees in the case.

The couple states in the summons that they spent $28,000 to build the treehouse and another $180,000 defending it since 2012. They also say they have a petition signed by approximately 5,000 people asking for the treehouse to remain as-is.

City leaders have 20 days from the Dec. 12 delivery date of the summons to file a written statement to be considered by the court.

The treehouse case goes back before Circuit Court Judge Lon Arend at 10 a.m. Jan. 8 where the judge will hear a motion for entry of default filed by the city’s attorney Jim Dye.

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

HOLMES BEACH – The tree house case may be heard by the highest court in the land. Owners Richard Hazen and Lynn Tran have petitioned the United States Supreme Court to hear the case.

The hope of Tran and Hazen is that the Supreme Court will agree to hear the case and overrule a previous decision made in the city’s favor.

City leaders have demanded the tree house be removed. Tran said she’s applied for a demolition permit but she hopes she never has to use it. The attempt to move the case to the Supreme Court is a last-ditch effort by the owners to save the tree house from the wrecking ball. The legal battle between the city and Hazen-Tran has been ongoing for several years after the two-story structure was built in an Australian pine tree on the edge of the Angelenos Sea Lodge property.

Attorney Jim Dye, representing the city, said in a Nov. 22 e-mail to Mayor Bob Johnson there’s no set timeline for the court to review the case. Typical procedure is for the justices’ clerks to review all briefs for certiorari review before passing them along to the justices, who have the final say on whether or not the case is heard. Dye said the Supreme Court typically only hears cases pertaining to federal issues. Thus far, a federal issue has not been raised in the tree house case.

This new motion is not to ask for a judgment by the court but rather to determine if the court will devote any time and effort in hearing the case.