Elaborate treehouse must go, Clinton says

Structure in family's front yard violates city ordinance, official say

By Heath A. Smith
Clarion-Ledger Staff Writer

When Scott Welch and his family moved to 218 Kitchings Drive in Clinton, he looked at the group of gum trees in his front yard and thought it would be a great place to build a treehouse for his two children.

Five years, more than $4,000 and two more kids later, Welch has created an elaborate Victorian-style, two-story treehouse.

And now the city of Clinton says the treehouse must go.

Clinton Planning and Zoning Administrator Gary Ward said the treehouse is in violation of a city ordinance permitting the construction of an accessory building in the front of a house. "We don't want people building storage sheds and other similar structures in their front yard," Ward said.

But the treehouse isn't coming down without a fight. The Welches and their neighbors are circulating a petition to save the treehouse.

Mary Welch says five years ago she sought a permit to build the treehouse, but was told a permit was not needed. She said she also explained that the treehouse would be located in front of the house.

She also said that on two occasions, once in 1999 and again in 2000, building inspectors from the city came to her house for a separate issue, and walked past the treehouse. No one said the structure was in violation of an ordinance. In fact, Welch said one of the inspectors commented on how nice the treehouse looked.

"It's been more than five years and they've had three opportunities to tell us we could not build it," Mary Welch said. "We've put a lot of time and resources into building this."

Why did the treehouse take five years to build? This is not your normal treehouse. It is literally a tree "house," complete with Victorian-style architecture, two stories, two decks, sliding windows, a phone jack, air conditioning, several swings and a slide.

"It's the fanciest treehouse I've ever seen," said Mike Sheffield, a neighbor who thinks the treehouse should stay. "I feel bad for the family. He's been working on this thing for five years. It's a magnet for the kids in the neighborhood."

The Welches don't plan to lose the treehouse without a fight. They've already gotten 48 neighbors to sign a petition in support of the treehouse and have had "Save Our Treehouse" T-shirts made for neighbors who support the treehouse.

"I think the treehouse is great," said Brooke Furlow, a neighbor who helped the Welches pass around the petition. "I don't see anything wrong with it. The kids love it and it looks pretty."

Welch, an electrical engineer at Delphi Automotive in Clinton, said he had planned to put drywall and insulation inside the treehouse before he was told he would have to tear the structure down.

"It just seemed like a natural place to put a treehouse to me," Welch said. "For me it always has been about the children. All the kids in the neighborhood play here."

One of those kids is 8-year-old Joseph Metz.

"I think it's nice," Metz said. "I come over here to play every day. I like that it is big."

Clinton Alderman Clint Brantley said he thinks the treehouse looks good too, but that has nothing to do with whether it is in violation of the ordinance.

"I think it's cute and unique and structured very well," Brantley said. "However, from my interpretation of the ordinance, it is not in compliance; therefore, I would have to vote to have it removed. I can't vote on emotion. I have to vote on real issues."

Alderman Tony Greer said he didn't know much about the treehouse.

"I hear it is a very nice treehouse. My concern is that if we allow this structure, which is nice, in front of the yard, the next one may not be so nice. I certainly don't want that."

The treehouse fight has gained national attention. A CBS Evening News crew in Clinton to cover the WorldCom scandal plans to interview the Welches.

The Welches have hired a lawyer, Steven Smith, to help them save the treehouse. Smith has filed an appeal of the zoning board's ruling and has also filed for a conditional use permit, a special exemption and a nonconforming use permit in an attempt to keep the treehouse from having to be torn down.

"We are trying to work this out with the city," Smith said. "Mrs. Welch begged for a permit and was told she didn't need one."