Duncan Foss, Denver Man, Threatened With Lawsuit Over Daughter's Huge Backyard Treehouse

GOLDEN, Colo. — A Denver-area man might have to go to court to keep city officials from tearing down an elaborate backyard treehouse local officials say is hazardous.

Sculptor Duncan Foss of Golden faced a deadline of 4 p.m. Monday to take down the treehouse or face legal action. Foss says he's not taking down the hangout he built for his 11-year-old daughter.

City spokeswoman Karlyn Tilley says Golden's chief building official will meet with the city attorney Tuesday. The city likely will issue a summons that could result in a fine.

Foss's backyard structure consists of a rambling series of bright blue decks and elevated boardwalks. Local building officials consider it a hazard. Part of the treehouse burned in December because of an exploding tiki torch.

THIS IS A BREAKING NEWS UPDATE. Check back soon for further information. AP's earlier story is below.

GOLDEN, Colo. (AP) – A suburban Denver man has until Monday afternoon to tear down an elaborate backyard treehouse local officials say is hazardous.

But sculptor Duncan Foss of Golden says he's not taking down the hangout he built for his 11-year-old daughter, which includes a rambling series of bright blue decks and elevated boardwalks.

Local building officials consider the structures a hazard. Indeed, part of the treehouse burned in December because of an exploding tiki torch.

But Foss tells The Denver Post he won't tear down what remains of the structure.

City officials say if Foss doesn't comply by Monday afternoon, they will pursue legal action.

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Information from: The Denver Post, http://www.denverpost.com

Comments

[Ben Cohn]

12:11 PM on 11/10/2010

I hate to say it but...we wonder why the whole "don't tread on me", small governemnt stuff took off in such a quick mobish way...its crap like this. When the peasants of Europe first started fighting for their "freedom"...what they were talking about was the right to live by the labor of your own hand without intrusion. It was the right to kill that deer in the woods so your family could eat. Now obviously things have changed quite a bit and the kill a deer example doesn't really hold but I think you see my point.

This man built this with his own two hands, for the enjoyment of his daughter. If something happened to her, he is liable. I may not think it a smart idea but its not my kid and I'm not a sculptor.

Many people in this country are upset about what they see as too much government intrusion...and they are right...the problem is that they don't really place their anger at the right people. The government intrusions that most of us would want to do away with are done on the local level, not national. But these people only know how to attack the federal government.

I think we all need to see that there is some merit in their anger, we just need to direct them to the proper person to direct that anger to. A shift in the balance of the governments power is coming...lets just make sure its done at the right level.

[Benjamin Rosenfeld]

12:25 PM on 11/10/2010

The exploding tiki torch may still have been the result of a safety code violation.

[Ben Cohn]

12:27 PM on 11/10/2010

so give him a citation for the exploding tiki torch...end of discussion

[LBJ1963]

01:22 PM on 11/10/2010

Get your facts straight. This man does not own any of the property he built on. He built on public/private land that is behind the townhome complex he lives. It doesnt matter how long it's been there. It's illegal to build on land that is not yours. Period. This has nothing to do with government control. It would be as if you or I decided to build something that benefits me on land that doesnt belong to me at our neighbors expense. but i guess that's something we should fight for right?!

[Ben Cohn]

05:58 PM on 11/10/2010

Even if your entirely correct 1) that is not why they are going after him and 2) that misses the entire larger point.

[librarian5]

11:22 AM on 11/10/2010

You need to get your governmental entities right. This one is a cit building code for a city.

[Genders]

08:09 PM on 11/09/2010

I hate most zoning laws.

[plzchuteme]

02:18 PM on 11/10/2010

Unless they only apply to other people.

[Genders]

03:38 PM on 11/10/2010

Partly true, of course. ;)

[mollymac]

06:44 PM on 11/09/2010

Oh good grief!

[organicconnect]

03:47 PM on 11/09/2010

Cool treehouse. But if you really want to see treehouses: http://organicconnectmag.com/wp/2010/09/a-sustainable-treehouse-in-the-rainforest/

[SaraMN00]

03:23 PM on 11/09/2010

I saw this on the Denver news a few months ago. The tree house is pretty cool. I would have loved something like that when I was her age. A kid with an imagination these days, who knew?

[ziger123]

02:41 PM on 11/09/2010

Great Colorado can fine a guy for a playhouse but the DA let's the hit and run rich guy get off with a small charge - our lawmakers at work people!

[LBJ1963]

01:48 PM on 11/09/2010

HOPEFULLY EVERYONE CAN LEARN THE FACTS BEFORE FEELING SORRY FOR THIS IDIOT. FIRST OF ALL HE DOES NOT OWN THAT PROPERTY, HE'S MERELY A RENTER. SECONDLY THE LAND HE BUILT ON IS NOT EVEN THE WITHIN THE PROPERTY OF THE TOWNHOME HE RENTS. WOW I WISH I COULD JUST BUILD WHEREVER I FELT LIKE BUILDING THEN PROTEST WHEN I NEVER EVEN TRIED TO GET PERMITS... FINALLY THERE ARE ALSO DECKS BUILT ON THE PROPERTY THAT ARE NOT BUILT TO CODE OR HAVE PERMITS ALSO.

[Arsenic]

03:08 PM on 11/09/2010

Link? And drop the all caps eh?

[exile]

03:54 PM on 11/09/2010

wow i wish you would type in lower case.

[LBJ1963]

05:53 PM on 11/09/2010

Many apologies for typing in BOLD! I've learned my lesson.

[NRR]

01:43 PM on 11/09/2010

It is an eyesore.

[twninja]

01:26 PM on 11/09/2010

Dude build your own and leave the little girl's tree house alone!

[uberman]

01:25 PM on 11/09/2010

Something of that size and scope would need a building permit to be up to code, and theres no way they would approve. They have massive tree houses that are legal in Oregon, but they were all legal. I just cant go into by yard and build a massive structure 20 feet off the ground and not expect the city to get involved.

[Just walkin the dog here]

01:22 PM on 11/09/2010

His kid will grow up with an imagination and creative skills not found in kids who have the same mass-produced, plastic, non-imaginative Playskool (or ones just like it) houses. This will not be tolerated. She must be just like the others! Ridiculous!

[delta7777]

01:16 PM on 11/09/2010

.
wonderful neighbors
.

[Jimmy Boy]

12:57 PM on 11/09/2010

I am so tired of government trying to protect us from "dangerous" activities. Always telling us what or what not to eat, drink, smoke, watch and now put in our back yard.

In this time of great recession, can we fire a few of these beaurcrats that have nothing better to do than worry if a tree house is to code.

[StephBr]

02:52 PM on 11/09/2010

Yeah right , until somebody builds something like that next to YOUR house.
You don't like Government? See how good it works for Somalia!

[goodgravy]

04:18 PM on 11/09/2010

i totally agree. the next time eggs or spinach or big mac's are found to be tainted with salmonella i want the government to mind it's own business so my kid can get sick and die without govt. interference.

[Midnightrain]

12:55 PM on 11/09/2010

Looks like somebody's jealous of the treehouse. Hmm.
Some folks never get passed their childhood pain.

[kareemachan]

11:51 AM on 11/10/2010

*past*