PORT TOWNSEND — City officials say a beloved art piece will have to be permitted if it’s to remain on the side of an old tree stump on Clay Street, as the tree is in the public right of way and the structure presents a potential hazard.
Community members rallied in defense of the structure Saturday, following an outpouring of support for the piece, dubbed “the Raccoon Lodge,” after city officials sent a letter asking that it be taken down.
More than 100 people showed up at a gathering in front of the tree on Saturday.
The piece is a house-like structure that sits on the stump of what was once the largest Monterey Cypress tree in the state and was built by Kevin Mason, a professional carpenter who lives next to the tree.
But the stump itself abuts the sidewalk, putting it in the public right of way, which means it needs to follow city code.
Port Townsend Planning and Community Development Director Emma Bolin said Monday that the city doesn’t typically allow structures in the public right of way and if the structure is to remain, it will need to be brought into compliance with city code.
“It does require building a permit, it may even require an engineer to provide some structural modification,” Bolin said.
Due to the public show of support for the project, the city on Monday released a question-and-answer document addressing residents’ concerns.
Given Port Townsend’s wind events, city officials said the structure is a potential safety risk due to its weight and height, and being attached to a tree stump with known rot adjacent to a public sidewalk.
Bolin said the city requires permits for other structures such as fences that are taller than 7 feet, but permitting an already existing structure can be difficult.
“After-the-fact permitting is like trying to put a square peg in a round hole,” Bolin said.
City Manager John Mauro said the issues with the art piece are mostly administrative and that the city council had little ability to make policy changes to address the issue.
“The letter of voluntary compliance is not an ultimatum,” Mauro said. “The door has never been closed to other options.”
In addition to the permitting, the piece would have to be donated to the city as an art installation, which would require its own bureaucratic process. Public art installations, either donated or loaned to the city, must be managed and insured by the city or a private organization, according to city code.
Rather than permitting the existing structure, Bolin said Mason could alter the art piece so it doesn’t violate city code.
Bolin said they haven’t heard from Mason since a visit to the property several weeks ago, and they city sent him a voluntary compliance letter asking him to take the structure down by Nov. 30.
City officials said if Mason is able to demonstrate he’s working toward compliance, the city generally will not escalate enforcement.
Mason could not be reached for comment Monday, but over the weekend, he said he had been planning to take the structure down until a petition appeared on Change.org that pushed past its 1,000-signature goal in less than 24 hours. The petition, at https://www.change.org/p/support-our-local-artist-kevin-mason-and-his-tree-stump-art-the-raccoon-lodge, had more than 2,100 signatures Monday afternoon.
Due to the City Council’s meeting schedule, Mauro said public comment on the Raccoon Lodge won’t be accepted until the council’s meeting on Dec. 5.
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Reporter Peter Segall can be reached at peter.segall@peninsuladailynews.com.
