FAMILY TO APPEAL TREE-HOUSE RULING
City committee cites zoning bylaw violation, rejects owner’s plea to keep $30,000 backyard ship
Swansea’s ship-shaped tree house won’t be sailing into the sunset anytime soon.
After a city committee rejected John Alpeza’s application to leave his elaborate backyard playhouse alone, the father of two boys has vowed to take the fight to the next level.
It’s a fight his neighbours feel “forced” to continue.
“This committee just totally showed no compassion and no consideration for the kids,” Alpeza said Thursday after a hearing at the Etobicoke York committee of adjustment.
“This is about the kids. This is not a tool shed or a garage,” he added.
Alpeza was appealing to the committee to let his $30,000 tree house stand as is, despite a notice from the city in April that it violated zoning bylaws.
Marita Bagdonas, Alpeza’s 90-year-old next-door neighbour, has been complaining about the massive playhouse for almost two years. She says the structure blocks the sun, killing her rose garden and foiling her attempts to dry her laundry outside.
After almost an hour of presentations from the families and their lawyers, the committee ultimately ruled the variances were not trivial and unanimously voted against Alpeza’s application.
“I just was depressed every time I looked at that monster. That’s all.” MARITA BAGDONAS NEIGHBOUR
“The variance is definitely not minor,” said committee member Nathan Muscat before moving to reject the application.
The decision left Alpeza’s two young sons heartsick, with 8-yearold Mateas welling up outside the meeting room.
“It’s just the worst thing on earth that can ever happen to me,” said 10-year-old Kristian.
“I don’t know why anybody would ever want to take it down.”
Bagdonas said she was feeling “good” after the decision, though she said the dispute hadn’t been weigh- ing on her mind.
“I never was thinking of it all those months. I just was depressed every time I looked at that monster. That’s all,” Bagdonas said.
Her daughter, Kate Lawson, who also lives on the Alpezas’ street, says she fears they will be “forced” to follow the case to the Ontario Municipal Board now.
“If we don’t fight him then he’ll get to keep it. So we’re forced into it,” Lawson told reporters following the decision.
Bagdonas faced the Alpezas at the OMB in 2008 in a dispute over the family’s attempt to build an addition on their house.
“I told the boys there’s another court, so this is not over yet.” JOHN ALPEZA FATHER
The OMB sided with Bagdonas in that case.
Ahead of the meeting, Councillor Sarah Doucette (Ward 13, ParkdaleHigh Park) wrote to the committee proposing a compromise.
“I am definitely not against tree houses or outdoor activities to encourage children to go outside and play,” she told the Star ahead of the hearing.
“What I’m having to do here, though, is try and get this tree house to come into compliance with city bylaws.”
Doucette wrote to the committee proposing a compromise in which the Alpezas would lower the structure to two steps off the ground, in exchange for the city allowing a variance for the lot coverage.
“To keep the tree house as a fort. Slightly different terminology, so it would basically be a tree house out of the tree,” she said.
Ahead of the meeting, Alpeza said he was willing to compromise on some points, but he refused to take down the height.
“It’s a humiliation beyond imagination. Next to complete destruction,” he said.
“If you have a minor variance committee, what’s the point in having it if everything has to be exactly, 100 per cent to the (code)?”
Alpeza has 20 days to appeal the decision to the OMB, something he says he plans to do. Despite the air of defeat, the family was heartened by the promise of more chances to fight, he said.
“I told the boys there’s another court, so this is not over yet,” he said.
“I don’t want to let them down too much. I wouldn’t be a good dad if I let that happen.”