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Treehouse owner hits wall with city planners

(by Sue Reid - September 02, 2009)

Treehouse owner hits wall with city planners


By SUE REID


Solon's planning commission denied the variance requests of a resident who sought to keep a treehouse on his Pettibone Road property.

Mitchell Buckley, who said he plans to appeal the decision to City Council, appeared again before the commission last week, stating that he constructed the treehouse while his son battled cancer. He said he would not even be before the commission if his neighbors hadn't complained about the structure.

The two-story structure has drawn complaints from neighbors who expressed concerns to the city that it is illegal and an eyesore.

Mr. Buckley requested two zoning variances. The first is to allow another accessory structure on the property, because city code only permits one, and he already has a shed. The second is for a 4-foot height variance because the structure is 16-foot high, and code permits a maximum height of 12 feet.

Commission members had indicated to Mr. Buckley when he first went before them that they would have supported him, if the structure had continued to be used as a treehouse for children. They suggested that the structure be made to look more presentable.

At Mr. Buckley's first appearance before the commission, Planning Director Robert S. Frankland had said there are some violations on the property, and his office received a call to look into them. He said Zoning Inspector Joyce Soltis found that an addition had been made to a noncompliant structure on the property, the treehouse, and she took action on that complaint. Additional walls were constructed to enclose the structure, as well as the addition of a floor base and access door, he said.

"The violation is that it is in fact a storage building," Mr. Frankland said, and the city's zoning code allows one storage building per property.

Commission members voting against the variance requests were Mayor Kevin C. Patton, Councilman Lon D. Stolarsky, George K. Hrabak and William M. Mazur. Voting in favor of the requests was commission member Roger C. Newberry.

Mr. Frankland told the commission prior to the vote that he met with Mr. Buckley to discuss his options, and Mr. Buckley indicated that he wanted the structure to stay for sentimental value.

It appears to be a storage unit rather than a treehouse, Mr. Hrabak said. He said he was not going to support the variances the first time around, and "nothing has happened to change my mind."

Mr. Mazur said Mr. Buckley admitted that it is being used for storage.

Mr. Buckley said last week that he contacted the offices of U.S. Rep. Steven C. LaTourette, R-Bainbridge, and Josh Mandel, R-Lyndhurst, regarding the treehouse. He said he was sent forms from both of their offices to fill out.




 

 

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