Laguna Resident May Appeal Treehouse Denial : Property: The Design Review Board has refused to allow the structure, saying it should be moved to a location that would neither annoy neighbors nor require a variance.

LAGUNA BEACH —  A homeowner said Friday he may appeal to the City Council after the city’s Design Review Board unanimously refused to allow his son’s treehouse to remain perched between two back-yard eucalyptus trees.

It was the first time in the city’s history that a resident had attempted to gain a permit for a treehouse. The structure, which cost Lewis Castillo $3,200 to build, came under the city’s scrutiny after a neighbor complained that it blocked his ocean view and infringed upon his privacy.

Besides needing a permit, the structure also requires a variance because the trees that cradle it are in a setback area of the yard.

Community Development Director Kyle Butterwick said that because the treehouse--which is secured to the trees by ropes--is “a temporary-type structure,” the board decided Thursday night that it should be moved to a location that would neither annoy neighbors nor require a variance.

Castillo, however, balked at that notion, saying all the trees that rim his property are in setback areas.

“Where are we going to relocate it?” he asked. “A treehouse goes in a tree.”

The 10-foot-by-5-foot treehouse, which is about eight feet high at its pitched roof, boasts a balcony, a skylight and an ocean view--a view neighbor Geo Moskios said he once enjoyed. The Castillos maintain the treehouse has not lessened Moskios’ view or his privacy.

Moskios could not be reached for comment Friday.

Originally constructed four years ago at their previous home for their son Andrew’s 6th birthday, the Castillos hit a snag two years ago when they moved to a new home and set about reconstructing the house.

Moskios, a yoga instructor who lives uphill from the Castillos, immediately objected to the structure, prompting the city to “red tag” it, meaning it had to win city approval or be dismantled.

The Castillos have admitted they initially ignored the city’s command, thinking the fuss over a child’s treehouse was “silly” and “hoping it would just kind of go away.”

However, when the city took them to court last year over the matter, the Castillos promised a judge they would cooperate by attempting to get proper approval.

Having now lost at least the first round in the battle, Lewis Castillo said he will “more than likely” appeal the matter to the City Council.

Such disputes are not rare in this coastal community, where in 1991 the city kept a couple from moving into their new house because it was painted a lighter shade than had been agreed upon by the homeowners and the Design Review Board.

The City Council has overturned controversial board decisions. For example, the council once overruled the board after it rejected a picket fence that was six inches too high.

Thursday night, Andrew Castillo, now 10, waited up for his father to find out what the board decided, Lewis Castillo said.

Now, the father said, “I think he realizes it might actually come down.”