Clinton aldermen to decide fate of elaborate treehouse

City zoning board has hearing, makes no recommendation

By Heath A. Smith
Clarion-Ledger Staff Writer

The Clinton Board of Aldermen has to make a decision that could make it the grinch who stole the treehouse from a group of neighborhood children.

"We will have to hear the matter and render the decision," said Clinton Alderman Sharbert Lott. "What the decision will be, I have not a clue at this point. It's a matter that tears at the head and the heart."

Scott and Mary Welch have built an elaborate, two-story treehouse in the front yard of their home at 218 Kitchings Drive. Clinton Zoning Administrator Gary Ward said the treehouse must be torn down or moved to the couple's back yard.

Ward said the treehouse violates city ordinances restricting the building of an "accessory building" in the front or side yards of a house. The board may make a decision Aug. 6.

Although city officials have said the Welches' treehouse is a beautiful, well-built structure, there is a concern that if they are allowed to keep their treehouse in the front yard, other residents will build less attractive structures in their front yards.

If the board makes a decision, it will do so without a recommendation from the city's Planning and Zoning Board, which held a public hearing on the matter Tuesday night.

More than 120 supporters of the treehouse attended the public hearing, many of whom left upset that the board would not make a recommendation.

"I wish very much this was a popularity contest," said board member Janet Sherer, citing that the board didn't have enough time to review Smith's presentation. "I love the treehouse, but I gave my word to follow the ordinance manual. The only decision I can make at this time is to pass it to someone who has time to consider it."

Alderman Clint Brantley, who attended the public hearing along with Lott and Alderman Tony Hisaw, said he understood the board's decision not to make a recommendation.

"It was a decision they certainly had the right to make," Brantley said. "I will look at the facts that have been presented to them. I guess they wanted to see the matter moved forward, because it has been a slow process."

The board listened to more than an hour of testimony from the Welches' attorney Steven Smith, the Welches and other supporters of the treehouse.

"If we remove this treehouse, my front yard will return to a cold, silent, desolate place," said Scott Welch at the public hearing.

"The children will have to retreat to the Game Boys, TV and computers inside. There will be no more laughter, fun and excitement for the neighborhood to share in the front yard."

City officials have said that while they understand the attachment the Welches and their supporters have to the treehouse, emotions cannot play a part in the board's decision.

"This board has made decisions based on facts, historical data, research and the legality of an issue," said Mayor Rosemary Aultman. "Emotions will not be a part of a decision."

Smith is not counting on emotion to help his clients save their treehouse.

Smith argued several points before the board Tuesday in defense of the treehouse. He said the treehouse meets the legal criteria to be granted either a conditional use permit, a special exemption or a nonconforming use permit.

But Smith's interpretation of the ordinances differs from that of City Attorney Ken Dreher, Lott said. If it didn't, Lott said, the issue would not have come to this point.

"I believe I heard their viewpoints expressed very clearly," Brantley said. "What will weigh heavy is getting the questions answered that he (Smith) brought up. ...

This decision will affect the entire city. What happened in this location could easily happen in another."

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