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In the end, climbing wall must come down

A variance to allow a 30-foot rock wall has been denied, ending a three-year struggle with neighbors and the city.

By SHERRI DAY
Published September 30, 2005

DAVIS ISLANDS - In as little as a month, a 30-foot rock climbing wall perched on the side of the house at 184 Baltic Circle could come down, ending a three-year controversy over whether it should have been erected in the first place.

City officials and the house's owners have known for years that the wall violates city codes. But the case has languished before various city agencies since 2002.

The case finally made its way to a Code Enforcement hearing this spring. There, the house's owners, civil lawyer Todd Alley and retired Hillsborough County Circuit Judge Cynthia Holloway, were found guilty of violating city setback requirements.

In response, the couple applied for a variance to keep the wall in its current location. But last week, the Variance Review Board unanimously rejected the application.

Now Alley and Holloway, who have long maintained that the wall is merely playground equipment and is not subject to city code, appear to be giving up. In the end, neighborhood discontent proved too high to scale.

"We could move it to another place that would be in compliance," said Alley, who has previously proposed putting the climbing wall on his garage at the front of his house. "But we've chosen not to because we don't want it to cause any more heartache with any neighbors."

Alley and Holloway bought the climbing wall in the spring of 2002 as a birthday present for their 12-year-old daughter Bryce. She wanted a pony but settled for a faux mountain.

The couple erected the wall on what they felt was the most unobtrusive place on their Mediterranean-style house, the tower on its west side. Alley said he figured his neighbor's large trees and his own bird of paradise would help cover the wall. Still, the complaints rolled in.

Jim Greenhalgh, now Tampa's chief building inspector, first cited the property on May 3, 2002, noting that it was too close to the neighboring house. The couple also failed to obtain a building permit to erect the wall, public records show.

Despite Greenhalgh's citation, the wall stayed in place. The couple never paid a fine, and Bryce climbed away.

The enforcement process was held up by Alley's lawyer, who sent Greenhalgh a barrage of letters while the couple negotiated with neighbors. In all, land-use attorney John Grandoff sent eight letters requesting extensions over a 15-month period, according to public records.

"Had they not written those letters, this thing would have gone a lot faster," said Greenhalgh, noting that he held off on adjudication because he believed the couple was working to comply with city code. "It's better for us to work with people as long as they show a good faith effort."

When the extensions ran out in August 2003, Greenhalgh sent the case to Code Enforcement for a hearing. Battling backlog, the agency finally heard it in March. The board ruled against the couple and ordered them to comply with city code by Aug. 10, 2005, or face a $50 fine for every day that the wall remained in place.

Next came a defeat from the Variance Review Board. The wall's fate was sealed.

On Baltic Circle this week, news of the wall's proposed dismantling was mostly met with indifference. Many residents seemed unaware of the Variance Review Board's ruling.

City Council member Linda Saul-Sena, who voiced some of the first objections to the wall on behalf of her constituents, said she has not received any complaints about the structure in some time.

Alley contends that his problems stemmed from a visceral reaction of a single neighbor. He said Grandoff recently polled his neighbors, and the majority of them had no problems with the wall.

Gordon J. Schiff, who lives next door to the couple, wrote a letter opposing their variance application, public records show. He did not return calls for comment.

But in a May 13 letter to Grandoff, Schiff called the neighborhood poll "mistaken or defective." He also complained that the couple had not attempted to camouflage the wall with proper landscaping or integrate it into expansion projects at their home.

"We believe your clients should respect others' property, privacy and safety by taking down the wall or relocating it in an appropriate manner to an area where it cannot be seen by neighbors or the public," Schiff wrote.

Stephen Stanley, president of the Davis Islands Civic Association, also wrote a letter opposing the variance. He said it would set a bad precedent.

Instead of sulking, the couple plans a farewell party for the wall. Bryce, now a sophomore at Plant High School, plans to invite all her friends for a climbing soiree, Alley said.

The climbing wall will likely find a new home as soon as Alley finds a willing recipient and a company to dismantle it. With fines stacking up - $2,500 by Thursday - Alley expects to take it down within 30 to 45 days.

So far, his short list of recipients includes the West Tampa Boys & Girls Club, a local YMCA or Plant High School. A neighbor has also expressed interest. Alley and Holloway plan to pay for the move.

They are also seeking a little indulgence for Bryce.

"Hopefully, whoever we donate it to will allow her to continue to use it," Alley said.

- Sherri Day can be reached at 226-3405 or sday@sptimes.com

[Last modified September 29, 2005, 09:21:10]