The Clinton News
  CLINTON'S COMMUNITY NEWSPAPER SINCE 1949  
Clinton, Mississippi Thursday, June 27, 2002 50 Cents
  Read Clarion Ledger 6/29/02>>  
 

'Accessory' buildings banned

  
 

Treehouse at root
of zoning question

  
     
 
By Susan O'Bryan
News Editor

A child's dream has become a legal nightmare for a Clinton family.  Scot and Mary Welch of 218 Kitchings Drive are going up against the city to preserve their four children's favorite plaything: a treehouse in their front yard.
Welch, an electrical engineer at Delphi Packard, began work on the two-story structure in 1997. Five years later and nearly complete, the treehouse has drawn the city's attention as an ordinance violation.
"The zoning ordinance is very clear," said Gary Ward, zoning administrator for the city. "It clearly prohibits structures like this from being put in the front yard."
Dozens of children have made the Treehouse at 218 Kitchings their second home.  The structure is under city scrutiny as a possible ordinance violation.
 
 
 
Riley Welch, 3, models a T-shirt with a design drawn by his sister.
The first ordinance banning "accessory" buildings from front yards was written in 1976. Ordinance upgrades in 1997 didn't affect the wording, but in March of this year, restrictions were added to include heights, side-yard buildings and other limitations, Ward said.
An accessory building is defined in the ordinance as "any detached structure or use which is subordinate or incidental to the main building or dominant use of the lot or premise, with the exception of driveways, sidewalks and fences."
A structure, according to the ordinance, is "anything constructed or erected, the use of which requires a fixed location on the ground or attached to something permanently affixed to the ground," Ward said.
"When we started this, we asked if a permit was needed, and we were told no," said Mary Welch. "When you're told you don't need something, you don't think to ask for it in writing."

Two city inspectors visited the home for other renovations in both 1999 and 2000. They didn't criticize the treehouse during either of the visits, the Welches said.
"That makes at least three opportunities that the city had to tell us we were doing something wrong," Mary Welch said. "If we'd known it would be a violation, we'd never have continued it."
"No one ever told us we were doing anything wrong," said Scot Welch. "Not in the five years of building this did anyone ever complain."
Ward sent the Welches a letter April 12 after the city received two anonymous complaints. He sent a second letter May 15 telling them they had 10 days to "submit a plan of action" to eliminate it as an ordinance violation."We just want a chance to work this out," said Scot Welch, who has turned to lawyer Steve Smith for help cutting through red tape.
A former city attorney, Smith is preparing an appeal to the Clinton Board of Aldermen and a request for an exception to the ordinance to be considered by the Planning Board. Both are expected to be heard in late July or August.
In the meantime, more than 20 neighbors and dozens of children filled the Welches' yard Sunday to show their support. Visitors ranged from ages 9 months to 90 years.
"If nothing else comes from this, we're glad for the opportunity for our neighborhood to come together," said Mary Welch. "All because of a little treehouse," she said, gesturing to the crowd collecting for cookies and punch.
Many were sporting specially made T-shirts with treehouse photos on the back and a hand-drawn picture on the front pocket surrounded by the words, "Kids at play ... Keep it that way. Save our treehouse."		  
Neighbors Wayne Gasson, Kathy Sheffield, Tee Willis, and Judy Gasson show their support for the Welch treehouse by showing off T-shirts with a "Save Our Treehouse" design.
  "I'm all for keeping it," said neighbor Judy Gasson. She and husband Wayne are among dozens who have penned their name to an unofficial petition to save the treehouse. "We did this petition on our own to see how our neighbors felt," Mary Welch said. "If they didn't want it here, then we'd say OK and remove it. "But they've all said they felt it worth fighting for."
The treehouse can't be moved without destroying it, Scot Welch said. It was specially built in the center of a circle of trees to provide shelter and support. 
"People are always complaining about kids having nothing to do," said neighbor Clyde Stegall. "They can come here and certainly have something to do."
His wife Fay said the treehouse blends in so well with the Welches' front yard that her husband had to point it out to her.
"Why can't they just leave it where it is? What's all this fuss about?" Fay Stegall asked. "I think it should stay."
And if all efforts fail?  "It will be hard to tear it down, but the hardest part will be telling the children," Scot Welch said. "What do you say to them?"