Committee delays decision on trees planted in Edgewood Boulevard right of way

At a Homewood City Public Works Committee meeting on May 19, 2025, committee members agreed to carry over a request seeking retroactive permission to allow trees planted in the city right of way at 214 Edgewood Boulevard.

The item was brought by Kale Smith and Britney Garrett and presented by Britney Garrett, who said the plantings were intended to restore a historic privacy hedge removed during construction and to screen pool equipment. Committee members said the city's code requires prior approval for work in the right of way and asked the applicants to provide a legal description and an indemnification agreement before the committee could act.

Britney Garrett, identifying herself as a landscape architect with the Pink House, told the committee the project moved through variances with the Board of Zoning Adjustment and city processes and that restoring the perimeter hedge was an explicit project intent. She said affidavits were submitted during the BZA process to address visibility and privacy concerns and that the current plantings reflect that intent.

Councilor Gear and other committee members emphasized that the right of way is city property and that “you have to get permission to do anything in a right of way,” noting the city has consistently required permission and an indemnification agreement for work there. Councilor Sims and others expressed concern about fairness to applicants who followed the approval process, and about future sidewalk damage from tree roots; one councilor said, “they should be willing to make the repairs on the sidewalks when the damage occurs.”

Committee discussion recorded that the zoning and landscape rules changed during the project timeline (members cited material moved from a chapter 19.5 framework into a zoning appendix in 2021 and a 2022 provision stating that trees cannot be planted in the city right of way). Members also noted prior variances and affidavits related to the property, including a September 2, 2021 BZA appearance referenced by Garrett.

The committee concluded it could not act without a recorded legal description and the indemnification paperwork. Staff indicated such a legal description must be recorded so any indemnification would run with the land. The committee agreed to carry the item over without objection so the applicants could provide the requested documents and to allow staff to confirm whether the property owner would commit to repairing sidewalk damage if it occurs.

The item will return to the committee after the applicants submit a legal description and related indemnification materials for the right of way; the committee did not adopt a variance or waive review.