The fate of Scot and Mary Welch’s front-yard treehouse will be decided at a board of aldermen meeting on August 6 at 7:00 p.m.at the Clinton Police Station.  Citizens are invited to comment at a work session August 5 at 5:30 p.m. in the City Hall breakroom. 

The legal controversy began in mid-April when Ward received a complaint from a neighbor about the treehouse’s legality.  Mayor Rosemary Aultman said her office received 4 calls about the structure, asking if such a treehouse was legal.   

Contrary to earlier reports, Aultman said those who called their office did give their names but asked that they not be made public.  "Generally in situations like this, we grant that request," said Aultman.     

"I always investigate a complaint," said Ward.  After doing his investigation, he sent the Welches a letter indicating the treehouse violated an ordinance dealing with accesory buildings, which cannot be located in the front or side yards of residential property. 

The Welches were floored when the letter came in the mail, said Scot Welch.  "It's almost like they were watching us and waiting for me to have it almost finished," Welch said, who built the treehouse for his four children to play in. 

They've waited for quite some time.  Welch states he began building the treehouse in February 1997.  The idea came about from the unusual configuration of gum trees in a circle in the front yard.  Welch, an engineer for Delphi Packard in Clinton, first constructed the two platforms that now make up the floors of the structure, adding framing studs, a swing, and a slide by the end of 1997. 

Welch then took up remodeling his own home, where city inspectors had to come out and sign off on the work being done twice, in 1999 and 2000.  Aultman indicated that the city does have those permits for work on the main house and that no zoning violations were noted.  "But if it wasn't on their work order, I doubt they would have looked at it," Aultman said. 

Welch returned to working on the treehouse in late 2000, adding walls, sheeting, windows, another swing, and the elaborate trim work.  Plans to hook up the airconditioner and a phone have been put aside for now.  "I haven't done the inside of it since the city sent the letter," Welch said.      

Welch said that his wife asked the zoning office in 1997 if a permit was needed for building a treehouse. According to the Welches, the answer was no. Neither contradicting or corroborating evidence of the statement seems to be available. At that time, the city did not require construction permits; however, the ordinance was amended in April 1997 to require such, according to Ward.  

Alderman Clint Bradley said the zoning administrator for the city at that time was now deceased.   

Alderman Herb Touchton noted, "This one goes back so far, no one involved with the city is still with us." 

"I can say without reservation that if the front yard had ever been mentioned, the answer would have been no," Aultman said. 

Alderman Sharbert Lott, who represents the Welch’s ward, said that the problem with granting a variance in this case, according to the city attorney, are that the ordinance would be weakened and the city would be open to lawsuits not only on zoning matters that may come up in the future, but personal liability injury suits as well.  “If we vote for that, it being against our ordinance, it opens us up to liability if something happens over there,” Lott said.

City attorney Ken Drehear could not elucidate the legal issues for publication, saying, "I don't comment on matters that are potentially going into litigation." 

Welch's lawyer Steve Smith had no such compunctions.  "The bottom line is that regardless of what the city of Clinton said, the treehouse has been in existence since before the current ordinance was passed," said Smith.  "Specific provision has been made where they could grant the Welches a conditional use of the treehouse."  

If the board of aldermen and Mayor Aultman rule that the treehouse has to be removed, the Welches are responsible for getting it done, said Ward.  Welch could be cited for $100 per day the treehouse stays up in violation if Ward swears out an affadavit in Clinton Municipal Court. But the city has no mechanism for removing the treehouse if Welch refuses to. 

“When we have dilapidated or unkempt property, there’s a state law where the mayor and board of aldermen can pass a resolution allowing us to go in and clean it up, but I don’t know if that would apply,” said Ward. 

Public opinion seems to be on the Welch’s side throughout Clinton.  Over 400 signatures have been gathered citywide on a petition asking the city to grant an exception, said Welch.  Area news organizations have done features, while a neighborhood petition, available for viewing on www.saveourtreehouse.com, shows almost unanimous support for keeping the structure intact--50 out of 54 households. 

“So I don’t understand why with all the public opinion--usually with the editorials, they try to get a balance, print someone from both sides--all these people support it.  And the people that complained want to stay anonymous?  That’s not fair,” Welch said. 

Neighbor Paul Jacobs agreed.  “I think they’re owed by those who are against it to be able to confront their accusers,” said Jacobs.   

“It’s much ado about nothing and a tempest in a teapot.  The city did not make an issue of it until 2 neighbors had called an complained anonymously once it was finished,”  Jacobs continued.       

Aldermen maintain that the issue has to be decided within the law as it is, not as they would like it to be in this case.    

Fisher wouldn’t speculate on what decision the city would make on the Welch’s motion.  “We don’t run a disorganized government.  It’s an opportunity for everyone to have their say and present their case,” Fisher said of the scheduled meetings.   

Bradley said the Planning and Zoning board recommendation is not binding on the board of aldermen but will be considered in their vote.  “If anybody can show me a legal way--I said legal--to save it, then I will do whatever I can to save it,” 

Smith, a former city attorney in Ridgeland, said all alderman have to do is vote to allow a variance. “If I were an elected official, if I could find a way to keep the treehouse, I would.”

To the concern that a favoriable decision would allow other, less desirable structures to be built in front yards, Smith replied, “Each one of these situations goes on a case-by-case basis,” pointing out that under current law, all projects need approval of site plans and permits before construction, which was not the case when the Welches began work. 

If the Board of Alderman votes that the treehouse has to be removed, Smith said he will appeal to Hinds County Circuit Court.  “I’m going to make a Hinds County judge tell those kids they have to tear their treehouse down.  And if they rule against us, I’m going to make the Mississippi Supreme Court tell those children they have to tear the treehouse down.”