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App14-1823; Nedal I3asan; 26470 Waterbury Circle: Proposal consists of a tree house. The following variances are requested: 1. A 6 ft. variance for maximum height of an accessory structure or building; code permits 12 ft., applicant shows 18 ft., Section 1135.02(d)(2). 2. A 1 ft. variance for side yard setback for an accessory building or structure; code requires 5 ft., applicant shows 4 ft., Section 1135.02(d)(5). 3. A variance for an additional accessory structure, code allows l, applicant shows 2, section 1135.02 (d)(1). 4. A 56 square foot variance for maximum allowable square footage of an accessory structure; code permits 120 sq. ft., applicant shows 176 sq. ft., section 1135.02 (b)(1). The oath was administered to Nedal Hasan and neighbors Marya Grace, Jolm Doss, Dawn Kost. Mr. Hasan said on June l O"' he went to the building department to pull a permit for the treehouse and was advised that the treehouse did not require a permit as they were not regulated. Once the treehouse was built an inspector came to his home as there was a complaint filed and was then told a permit was required. Mr. Russell said he has no objections. Ms. Rudolph asked why the applicant was told a permit was not required then once built a permit was required. Mr. Russell said he was unaware of who misinformed the applicant as a structure of this size requires a permit. Upon the inspector visiting the site and seeing the size of the structure the Building Official ruled that due to the size of the structure and zoning code violations a permit was required as are the variances listed. Ms. Rudolph said it appears the city is classifying the treehouse which is clearly a treehouse a structure based solely upon a complaint not code. Mr. O'Malley said it wasn't the board's role to determine what codes apply, that's up to the building official. The board's role is to determine if there is a reason for a variance from the code, is there practical difficulty. Ms. Kost said the treehouse is beautiful and Mr. Hasan went to city hall twice to discuss the treehouse prior to building it and was told a permit was not required. Ms. Grace suggested the complaint came from someone outside the cul-de-sec wallcing the neighborhood. She said since he moved in the neighborhood it has improved. He built the treehouse for all the children within the neighborhood and has been an asset to the neighborhood since moving in. She is present to support her neighbor and his request for the variances. Ms. Doss said they support their neighbor and his treehouse as the applicant is an asset to the neighborhood. Mr. Doss said their children and he have been in the treehouse which is quite stable. Mr. Allain asked if it was the top of the treehouse which made the home require a variance and Mr. Russell reviewed how the peak/height was measured. Mr. Allain said if the city applies a shed ordinance to this application then there is a practical difficulty in building any treehouse. The maximum height for a treehouse to be 12 feet high is difficult to meet as they are placed within trees. When discussing playground equipment and toys there are no regulations and a treehouse is in fact playground equipment. Ms. Bellido agreed as an accessory structure is used to store items in and the treehouse was not constructed to store items. If the treehouse was removed from the tree and placed on the ground it would be labeled a playhouse/dollhouse and not regulated. Mr. Allain said although there has to be a rule of law to cover such a structures he believes there is a hardship. Mr. Raig said the neighbor should be commended for his work and granted the variance as there is practical difficulty. Ms. Rudolph said she didn't believe the treehouse would have an adverse impact upon the neighborhood, if anything it will draw more lcids to the neighborhood. 3