FOX News & Commentary

Family Tree House Faces Axe

Family Tree House Faces Axe

Oct 17, 2011

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A zoning board in Fairfax County, Virginia is standing firm in its decision to order a war veteran to destroy a tree house he built for his two young sons.

County officials determined Army Aviation Specialist Mark Grapin violated zoning regulations when he built a tree house in his backyard.

“The boys wanted a tree house,” Grapin told Fox News Radio, explaining it was a promise he made to his 8-year-old and 10-year-old sons before he left for Iraq.

Falls Church Homeowner’s Treehouse Found To Be in Violation of Fairfax County’s Zoning Laws: MyFoxDC.com

“It was a commitment I made to the boys and frankly, we should do our best to keep our commitments to our children,” he said.

So when Grapin returned home, he followed through on that promise and headed off to the local home improvement store. He said he contacted Fairfax County and was given assurances that he didn’t need any special permits to build the $1,400 tree house.

But it turns out – that wasn’t exactly accurate.

“I was up on the roof of the thing when I found out the county board of zoning enforcement had left a notice on the front door,” he said.

It turns out Grapin didn’t need a permit – he needed a zoning variance. That’s because his house is on a corner lot. And in the eyes of Fairfax County – Grapin has two front yards.”

Because of the location on his lot, he does have to follow the zoning code,” said Merni Fitzgerald, a spokeswoman for the county told the Washington Post. “It’s no different from a shed or a garage or any structure.”

Grapin acknowledges that he made a mistake.

“We just didn’t connect the dots to all the offices that needed to be contacted to build a tree house,” he said.

But he still made a promise to his sons – so Grapin decided to appeal the ruling. He said the board of zoning appeals denied his request for a variance – but offered him one last chance to plead his case – on Nov. 30th.

In the meantime, Grapin has had to pay nearly $1,800 in permits and fees to build a $1,400 tree house.

“I paid $885 for a special permit to build the tree house,” he said. “There were additional fees of $975 to have the plats for the property redrawn to reflect the tree house and then I had to pay mail fees to notify the neighbors of hearings so they could voice any concerns they might have about the tree house.”

All that trouble – for a child’s tree house.

“It might have been cheaper to take the boys to Disneyland,” he told Fox News Radio.

Grapin said he’s pretty bothered by the “queen-sized pantyhose, one-size-fits-all code.”

His final opportunity to plead his case will be Nov. 30th. Grapin will have to satisfy nine requirements to save his sons’ tree house. He must prove that the tree house “will be in harmony with the intended spirit and purposes of this Ordinance and will not be contrary to the public interest.”

Grapin said he’s come to terms with the fact – that the tree house may have to come down because of the costs of fighting the county.

“At some point, I’m going to have to say, ‘I’m sorry, boys. We fought the good fight.’”

 

43 comments

  1. Once again, government going WAY TOO FAR!

  2. Once again, government going WAY TOO FAR!

  3. lets see..YOUR kids can't sell lemonade, you can't drink milk from your own cows, can't cut your own trees down, and now we can't build a tree-house for your kids, without going into debt.. " He must prove that the tree house-
    “will be in harmony with the intended spirit and purposes of this Ordinance and will not be contrary to the public interest..”.
    BULL$HIT!

    • Jeremy Spring /

      Most of that is not true.
      "YOUR kids can't sell lemonade" They sure can(on private property).
      "you can't drink milk from your own cows" Completely incorrect. I'd pasteurize it first though… but you are free to drink it.
      "can't cut your own trees down" This is somewhat true but dishonestly represented. It mostly depends on where you live, you can't have some uncertfied guy(yourself) cut down a 200ft fir in a compact neighborhood, the risk of damage and injury is far too great. In open area or small tree(under X height in cities), normally fine.

    • Jeremy Spring There've been many stories about kids having lemonade stands shut down by various governmental entities. I don't know anything about the issue with drinking milk from your own cows, so I'll let that stand. As for cutting down trees, there was a church in Florida that trimmed several crepe myrtle trees on church property and they faced thousands of dollars in fines for over-trimming. There are zoning and other ordinances that require you to get a permit before cutting down trees on your own property.

    • Deborah Davis /

      Jeremy Spring Will you sit there and watch while the government tells you that you "can't drive on Mondays" or you "can't plant vegetables in your OWNED front yard (oops! that has already happened to a homeowner).

    • Jeremy Spring /

      Deborah Davis You're being extreme for one time sensationalized stories
      Is a politician going to sneeze and you say he's trying to kill us all? You have literally nothing to support a "can't drive on mondays" concept will ever happen. The vegetable thing was at a city level and their laws, not at a federal.

    • Jeremy Spring /

      Darryl Johnson Yes many stories of shutting down lemonade stands, all maybe 5 of them of over zealous cops using the law improperly, not having a permit for food or on public property. But let us forget about the successful ones ( http://en.wikipedia.org/wiki/Alex%27s_Lemonade_Stand ), not shutdown ones, the ones you see all the time at homes, for every one that does shut down they make a story out of it but the thousands of stand that are ran every year and don't get shut down, you don't hear about, you're focusing on one time situations.
      As for your church thing, considering the only thing referencing such a thing on the internet is you talking about it, I'm dismissing that claim.(also, it's a shrub)

      To think one sensationalized story is any representative of how things normally work is plain stupid. Also, this is fox news we're on, this story is of 1. a vet 2. kids 3. "big bad government aaahh!" of course it's going to get blown out of proportion. There are also details missing "Grapin will have to satisfy nine requirements to save his sons’ tree house. " What are they? who wants to place their bets on that they are actually factor in, like building material, safety of the structure, the things that block 90% of home building projects.

      When I grew up my dad built a fort, but unlike Mr. Grapin here, my father actual applied for permits and had zoning issues resolved. Grapin was just was lazy, didn't go through the actual building processes that all builders NEED to do to make sure things go ok.

    • Deborah Davis /

      Jeremy Spring Jeremy Spring. I feel sorry for you.

  4. lets see..YOUR kids can't sell lemonade, you can't drink milk from your own cows, can't cut your own trees down, and now we can't build a tree-house for your kids, without going into debt.. " He must prove that the tree house-
    “will be in harmony with the intended spirit and purposes of this Ordinance and will not be contrary to the public interest..”.
    BULL$HIT!

    • Jeremy Spring /

      Most of that is not true.
      "YOUR kids can't sell lemonade" They sure can(on private property).
      "you can't drink milk from your own cows" Completely incorrect. I'd pasteurize it first though… but you are free to drink it.
      "can't cut your own trees down" This is somewhat true but dishonestly represented. It mostly depends on where you live, you can't have some uncertfied guy(yourself) cut down a 200ft fir in a compact neighborhood, the risk of damage and injury is far too great. In open area or small tree(under X height in cities), normally fine.

    • Jeremy Spring There've been many stories about kids having lemonade stands shut down by various governmental entities. I don't know anything about the issue with drinking milk from your own cows, so I'll let that stand. As for cutting down trees, there was a church in Florida that trimmed several crepe myrtle trees on church property and they faced thousands of dollars in fines for over-trimming. There are zoning and other ordinances that require you to get a permit before cutting down trees on your own property.

    • Deborah Davis /

      Jeremy Spring Will you sit there and watch while the government tells you that you "can't drive on Mondays" or you "can't plant vegetables in your OWNED front yard (oops! that has already happened to a homeowner).

    • Jeremy Spring /

      Deborah Davis You're being extreme for one time sensationalized stories
      Is a politician going to sneeze and you say he's trying to kill us all? You have literally nothing to support a "can't drive on mondays" concept will ever happen. The vegetable thing was at a city level and their laws, not at a federal.

    • Jeremy Spring /

      Darryl Johnson Yes many stories of shutting down lemonade stands, all maybe 5 of them of over zealous cops using the law improperly, not having a permit for food or on public property. But let us forget about the successful ones ( http://en.wikipedia.org/wiki/Alex%27s_Lemonade_Stand ), not shutdown ones, the ones you see all the time at homes, for every one that does shut down they make a story out of it but the thousands of stand that are ran every year and don't get shut down, you don't hear about, you're focusing on one time situations.
      As for your church thing, considering the only thing referencing such a thing on the internet is you talking about it, I'm dismissing that claim.(also, it's a shrub)

      To think one sensationalized story is any representative of how things normally work is plain stupid. Also, this is fox news we're on, this story is of 1. a vet 2. kids 3. "big bad government aaahh!" of course it's going to get blown out of proportion. There are also details missing "Grapin will have to satisfy nine requirements to save his sons’ tree house. " What are they? who wants to place their bets on that they are actually factor in, like building material, safety of the structure, the things that block 90% of home building projects.

      When I grew up my dad built a fort, but unlike Mr. Grapin here, my father actual applied for permits and had zoning issues resolved. Grapin was just was lazy, didn't go through the actual building processes that all builders NEED to do to make sure things go ok.

    • Deborah Davis /

      Jeremy Spring Jeremy Spring. I feel sorry for you.

  5. Over regulations means to many people with to little to do.

  6. Over regulations means to many people with to little to do.

  7. Shannon Shuman Richards /

    shme on the county!

  8. Shannon Shuman Richards /

    shme on the county!

  9. That's America for you. The law is the law. and I commend Grapin for" fighting a good fight!"H.

  10. That's America for you. The law is the law. and I commend Grapin for" fighting a good fight!"H.

  11. Hope Grapin can plead his case on Nov. 30 and keep the tree house for his boys. But his boys will learn a lesson too from this experience.

  12. Hope Grapin can plead his case on Nov. 30 and keep the tree house for his boys. But his boys will learn a lesson too from this experience.

  13. Way too many bureaucrats, they are ruining this country. They take our liberties away a drop at a time. Damn them. It's time to fight them.

  14. Way too many bureaucrats, they are ruining this country. They take our liberties away a drop at a time. Damn them. It's time to fight them.

  15. Db Hall /

    The whole county should tell the county board to shove the tree house up their collective rear ends! And the county should be forced to give him his money back.

  16. Db Hall /

    The whole county should tell the county board to shove the tree house up their collective rear ends! And the county should be forced to give him his money back.

  17. Deborah Davis /

    Where did America go? Treehouses are not allowed, lemonade stands shut down….this is NOT the country I grew up in!

  18. Deborah Davis /

    Where did America go? Treehouses are not allowed, lemonade stands shut down….this is NOT the country I grew up in!

  19. Deborah Davis /

    In the meantime, Grapin has had to pay nearly $1,800 in permits and fees to build a $1,400 tree house.

    So, he's paid these and still the county doesn't budge. I smell a politicians hand in this, cuz it stinks to high heaven!

  20. Deborah Davis /

    In the meantime, Grapin has had to pay nearly $1,800 in permits and fees to build a $1,400 tree house.

    So, he's paid these and still the county doesn't budge. I smell a politicians hand in this, cuz it stinks to high heaven!

  21. Deborah Davis /

    Jeremy Spring..please take your helmet off for a second and realize that Americans don't want big brother to tell them what to do in their own backyards! You have the helmet of "my dad told me", but he was wrong! You need to get out obviously, and can find that the world is not so dangerous.

  22. Deborah Davis /

    Jeremy Spring..please take your helmet off for a second and realize that Americans don't want big brother to tell them what to do in their own backyards! You have the helmet of "my dad told me", but he was wrong! You need to get out obviously, and can find that the world is not so dangerous.

  23. Deborah Davis /

    This whole idea of telling people what they can do with/on their own property, as long as it's legal, is complete bullshit fed government. I am a conservative, and I'm tired of government telling me what CAN & CAN'T DO IN MY OWN GOSH-DAMNED YARD!

  24. Deborah Davis /

    This whole idea of telling people what they can do with/on their own property, as long as it's legal, is complete bullshit fed government. I am a conservative, and I'm tired of government telling me what CAN & CAN'T DO IN MY OWN GOSH-DAMNED YARD!

  25. I have a neighbor who wanted to build a haunted house in his yard so that the low income kids in our area could have some fun. The gave him a stop word order and basically told him that he had to do $4000 worth of improvements on his temporary haunt. This guy builds professional haunted houses and they wanted to tell him how they should be built. Basically we sent the message out and the news and radio stations got involved. When all was said and done he ended up paying a $50 temporary permit fee. We need to stand up and not allow government to step all over our rights.

  26. I have a neighbor who wanted to build a haunted house in his yard so that the low income kids in our area could have some fun. The gave him a stop word order and basically told him that he had to do $4000 worth of improvements on his temporary haunt. This guy builds professional haunted houses and they wanted to tell him how they should be built. Basically we sent the message out and the news and radio stations got involved. When all was said and done he ended up paying a $50 temporary permit fee. We need to stand up and not allow government to step all over our rights.

  27. Lots of rules and regulations mean lots of regulators whose bloated salaries and pensions are paid for by the fees they impose.

  28. Lots of rules and regulations mean lots of regulators whose bloated salaries and pensions are paid for by the fees they impose.

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