A Tree Grows in Old Fourth Ward

An 85-foot-tall Southern red oak that could be the oldest tree inside the Perimeter stands at a dead end in Atlanta’s Old Fourth Ward, near the Freedom Parkway bike path. Arborists agree it’s about 180 years old, but what they don’t agree on is the tree’s fate.

Neighbors claim the tree at the end of East Avenue will be destroyed if a developer is allowed to prune it. The developer alleges the neighbors are primarily fighting him because the 3,000-square-foot home he’s building will obstruct their view. Whatever the outcome, one thing is certain: The argument could’ve been avoided if the city’s tree ordinance actually laid out the law in plain English, and if the city didn’t selectively enforce the tree law.

“The city’s ordinance is terrible,” says Stuart Teague, an attorney. “Developers as well as homeowners could avoid so many of these problems if [the city] came up with something better.”

The tree battle has pitted Fourth Ward residents Megan and Tab Bottoms against developer Steve Cohen.

The oak stands on the Bottoms’ property, but its roots extend beneath Cohen’s land. The city ordinance says a tree can be impacted - damaged, to a certain extent - up to 20 percent if necessary for development. Cohen says a private arborist estimated a 13 percent to 20 percent impact to the tree. But the Bottoms discovered that two city arborists estimated a 20 percent to 26 percent impact on the oak.

The tension escalated in April when Cohen tried to remove some of the tree’s branches that hung over his property. He claims city Arborist Frank Mobley told him he didn’t need a building permit for the pruning. Mobley didn’t return CL’s calls. The Bottoms say the ordinance specifies that without a permit, Cohen trespassed. They called police and Cohen was required to stop pruning. But he wasn’t arrested and charges were later dismissed.

“Everybody on the street wants this tree to stay alive,” Megan Bottoms says. “[Cohen] can build the house without hurting the tree. I don’t understand why he won’t do that.” But Cohen claims the Neighborhood Planning Unit won’t let him build the house farther from the street to avoid the roots.

On May 25, the city’s Tree Conservation Commission will consider the Bottoms’ appeal of Cohen’s building permit.