Fight over domed greenhouse goes to court

A West Chicago man building a geodesic dome greenhouse in his backyard is asking a DuPage County judge to overturn a ruling that says he violated the city’s building code.

Dan Bovey filed a request for review of the administrative decision on Feb. 22.

The request states that the city “has conducted a deliberate campaign to both obstruct and prevent the Boveys from constructing their goal of building their dream geodesic dome greenhouse.”

City administrator Michael Guttman said on Monday that the city does not comment on pending litigation.

“However, the city remains committed to working with the property owner to bring the greenhouse project to completion,” Guttman said in an email. “The next steps remain with the property owners to provide responsive comments to all of the items in our last plan review letter, including complete (not partial) as-built drawing(s).”

Bovey contended Monday that he has answered the city’s requests, but the city has come up with more.

In September, the city charged Bovey with nonconformance with an application for a building permit and failure to obtain a subsequent building permit upon expiration of a permit.

Bovey had gotten a permit in late 2020. But Bovey failed to renew the permit in 2021. He obtained a new permit in 2022.

In November, the city’s administrative adjudication officer, John Toscas, found Bovey guilty and fined him $20,000. He stayed the order, saying if Bovey submitted as-built drawings by an architect and received a permit by Dec. 20, the case could be dismissed. That hearing was canceled. On Jan. 17, Toscas refused to continue the case.

Previously, the city said the greenhouse is more elaborate than what Bovey initially proposed. It also said the building failed an inspection last July, and the permit expired.

Bovey applied twice for new permits in August and was denied, according to the city.

The city contended in a presentation on its website that it believed Bovey occupied the building without permission. It showed photos of plants, a table and chairs.

Bovey said the table held drawings. In addition, he said they had been storing outdoor plants for the winter since the building was substantially finished.

But he said the city ordered them last fall to stop caring for the plants. They have died.

“It’s actually a pretty sad place now,” his wife, Jody, said on Monday.

https://www.dailyherald.com/20240305/news/fight-over-domed-greenhouse-goes-to-court/