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Folsom dad hopes for compromise on ‘controversial’ tree house

A Folsom dad addressed city council members on a possible solution to a "controversial" tree house he built for his kids.

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A Folsom city council meeting got heated Tuesday night over a tree house.

Code enforcement says the tree house is a code violation, but supporters say it's safe and not a bother to his neighbors.

"We want to create opportunities for everyone, but I know the city has to have guidelines and code in place to make sure they're safe and no eyesores," Brian Esola, who built the tree house, said.

The conversation started on Facebook over the tree house and was brought up during an agenda item during a city council meeting on Tuesday, Sept. 11, 2018. Esola built the tree house for his four kids and spoke out about it during a presentation of zoning code standards regarding accessory structures and direction to staff.

RELATED STORY: Their dad built them a tree house. Now the City of Folsom is telling them it has to go.

The debate went on for nearly two hours during the city council meeting. However, it was addressed during the meeting that an ordinance exists, but "tree house" isn't listed. The ordinance has broad categories.

The next possible steps for the Esola family is to appeal to code enforcement, but city council cannot make the determination whether the tree house can stay or go.

Folsom city officials issued the following statement about the situation:

The City of Folsom received a complaint about a treehouse structure in the backyard of a private residence. Staff from our Code Enforcement Division responded and assessed the structure. The structure in question is built on a platform amid backyard trees on or very close to the property line on two sides of the property. One side of the structure faces Oak Avenue Parkway, a busy arterial. The other faces an adjacent neighbor’s backyard.

The structure is approximately 21 feet tall. According to Folsom Municipal Code, “accessory” buildings must be at least five feet from the property line and eight feet from the home, and no more than fifteen feet tall. Folsom Municipal Code 17.02.020 defines an accessory building as “a detached subordinate building, the use of which is incidental to that of the main building on the same lot, or the use of the land”.

The structure is also bolted to a City sound wall, which was done without permission from the City. Our staff has worked with the homeowner on possible solutions, including shifting the platform and the structure at least five feet away from property lines.

The homeowners have not implemented a solution at this time, and the treehouse remains as is, in violation of the code. The homeowners have asked that the Council consider amending our code to allow treehouses like theirs. An agenda item has been placed on the September 11th agenda entitled “Presentation of Zoning Code Standards Regarding Accessory Structures and Direction to Staff” to discuss our current code and receive direction from the Council as to whether it should be amended in any way.

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