Greenhouse owners, facing $20,000 in fines, say they will appeal ruling they violated building laws
The owners of a controversial backyard greenhouse in West Chicago say they will appeal a ruling this week that says they violated the city’s building permit laws when they built the structure.
Dan and Jody Bovey on Wednesday sought to postpone a final decision on whether they violated two city codes during the construction of the large geodesic dome greenhouse in their yard. However, an administrative adjudication officer refused the couple’s request.
“This (ruling) saddened us, but it was not unexpected,” Bovey said after Wednesday’s hearing.
The hearing officer ruled in November that the Boveys had violated two city codes and fined them $20,000.
However, the Boveys had the opportunity to have the fine reduced to $1,500 if they submitted as-built plans by a professional architect and city officials approved them by Dec. 20.
While the Boveys submitted the architectural plans before the deadline, the city never approved them.
On Wednesday, Patrick Bond, the city’s attorney, argued that more time would not resolve the situation.
“This is the Boveys’ own doing,” he said.
Bond told the hearing officer that the Boveys submitted partial as-built architectural plans. He added that West Chicago paid extra to get the outside company that does its inspections to “expedite” a review of the plans.
“Thirty more days isn’t going to get anything done,” Bond told the hearing officer. “Enough is enough, judge.”
The Boveys now have 35 days to file their appeal in DuPage County Circuit Court.
The history
Dan Bovey obtained a building permit for the greenhouse in December 2020.
On the initial application, he listed an estimated value of $7,000. He based that on the cost of buying a geodesic dome kit, plus other materials. He did not include a labor value due to doing the work himself and with friends.
The city says what Bovey built is substantially grander than what was proposed.
Bovey let the permit lapse in 2021. He paid a fine and obtained a new permit in 2022.
The city said the value had to include labor costs, according to Bovey. That, plus increased costs of materials, raised the value to an estimated $105,000.
The city says the building failed an inspection last July, and the permit expired.
Bovey applied twice for new permits in August and was denied both times, according to the city.
In September, the city charged him with one count of nonconformance with an application for a building permit,and one count of failure to obtain a subsequent building permit upon expiration of a permit.
The hearing officer issued his ruling in November.
In mid-December, the Boveys submitted the architectural plans, but the city didn’t approve them.
Bovey contends the city then asked the architect to answer 36 requests, which they did. Then the city sent more questions on Jan. 11, Bovey’s attorney, Jeffrey Jacobson, told the hearing officer. He asked for more time for the Boveys to have the architect answer the city’s requests.
“My client has constantly been within a few days, maybe a week, getting the stuff to the city,” Jacobson said. “All the questions, they keep coming up with different ones.”
The Boveys have support in the community, with people displaying lawn signs saying “Save the Greenhouse.” Some have also donated money to help with their legal bills.
Bond said on Thursday, “The city’s intent is not to collect. It (the order) is intended for compliance.”