A Villager has lost another round in the Battle of the Birdcage in the Greenwood Villas in the Village of Calumet Grove.
Robert Benning has been ordered to bring his 12-year-old birdcage into compliance or he could face punishment up to a possible lien on his property.
Benning has long argued that the birdcage should be grandfathered in, even though it improperly encroaches on an easement. His argument has failed to gain traction with either the Architectural Review Committee or the Community Development District 4 supervisors.
Benning was found Friday afternoon by the CDD 4 board to be out of compliance.
The birdcage became controversial when a complaint was received several months ago.
Benning’s neighbor Robert Matz urged the supervisors to take action on the matter.
“Benning should be ordered to tear down his illegal slab and illegal birdcage. If you don’t, CDD 4 will be known as a paper tiger,” Matz said.
Matz has repeatedly denied that he made the complaint about Benning’s birdcage which ignited the controversy. Yet he has shown up at all hearings on the matters.
“When we all bought properties and we signed deed restrictions. We did that to protect our property values. The only way a compliance issue comes to light is someone complaining that a neighbor has something that is not in compliance,” said CDD 4 Supervisor Paul Kelly.
“We don’t have a police state here. We don’t have Community Watch checking to see if you have a pink flamingo in your yard,” he added.
The fact that the birdcage has been in place for more than a decade doesn’t matter, another supervisor contended.
“The deed restrictions are set in stone. It does not matter when the violation is identified. Nothing is grandfathered in,” said CDD 4 Supervisor Don Deakin.
Benning now has 60 days to come into compliance. If he does not come into compliance within 60 days, he will be fined $150 and then $50 per day until he comes into compliance or the total of the fines reaches $1,500. Then the matter will be turned over to District counsel. A lien could be placed on the property or a lawsuit could be filed.
