“Simon Lancaster’s tree house in San Jose’s Cambrian Park neighborhood is a childhood dream come true, even though it was built long after he became an adult.
The tree house was custom-built out of pine and Douglas fir by Oakland-based O2 Treehouse for a tidy sum of $22,000. “I hired a professional to ensure the health of the tree and the safety of my children,” he said.
But the tree house may have to come down because it apparently has run afoul of city building codes.
It sits 10 feet off the ground above a fork in the tree trunk and stands a little more than eight feet tall, for a total height of 18 feet, 4 inches.
“A city code enforcement officer who visited the Lancaster home Feb. 27 concluded the tree house is an accessory structure and as such cannot be taller than 12 feet. He followed up by sending a violation notice demanding compliance with the height requirement.
The inspector had responded to a next-door neighbor’s complaint to the city that the tree house was “way too big” and infringed on her privacy. The neighbor would not give her name for this story but said she and her husband “can’t sit in the backyard because the kids make a lot of noise when they go up.”
In his appeal of the city’s decision, Lancaster said he’ll argue that prior to construction, planners told him the tree house was not an accessory structure.
That’s why he didn’t think he needed to comply with accessory structure height limits or bother to tell city planners the tree house would be more than 18 feet from ground to roof.
“I tried to do my due diligence online and it was very confusing, so I called the city for clarification on Feb. 20 and 21,” Lancaster said. “My recollection is that for something to be a structure and covered by the code it would have to be underground or attached to the ground.”
He did ask if a ladder attached to the tree house would be considered a connection to the ground and said he was told no. The ladder hangs from the tree house and is not attached to the ground.”
when you have shitty neighbors who don't like to hear kids playing, and the point of land use regulations is lost...
pretty much the only places you can go to build and play in neat structures are at festivals and burning man.