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Decatur ZBA denies request to remove large white oak for new garage at 152 Michigan Ave
Summary
The Zoning Board of Appeals denied a variance sought to remove a ~23" white oak and build a detached garage at 152 Michigan Ave, concluding the removal would violate Decatur's tree-canopy requirements; the board cited alternatives and the ordinance's purpose and the applicant was advised on next administrative steps.
The City of Decatur Zoning Board of Appeals voted March 10 to deny a variance request that would have allowed removal of a roughly 23–24-inch white oak and construction of a detached garage at 152 Michigan Avenue.
Applicant Eric Sullivan, who said he is the contractor for the property owner, presented an engineer's letter asserting the existing detached garage foundation has been "completely compromised by the roots of the 23 inches oak" and argued that rebuilding on the same footprint was "not practical" without damaging the root system. Sullivan told the board the tree's canopy accounts for about 55% of the lot's predevelopment canopy and that engineering workarounds such as root bridges or piers would not guarantee protection of the tree or the longevity of a new garage.
An arborist on staff told the board the tree was identified during plan review as being in good condition and that the plan submitted with the new garage would not meet the ordinance requirement that at least 75% of predevelopment canopy remain when trees in fair or better condition are considered. During public comment, resident Connie Moore urged the board to uphold the city's tree ordinance, saying Decatur residents "have kind of learned to live with" fewer garages and value tree preservation.
Board members questioned whether alternative designs—an attached garage or siting the garage elsewhere on the lot—had been reasonably explored. Several members said the outcome was a predictable consequence of expanding the house footprint before addressing canopy impacts. One member said the problem "could be solved by removing" the dilapidated garage rather than replacing it in the tree's footprint.
After discussion, a motion to deny the variance was made and seconded; the board voted in favor and Chair Casey Boyce announced the application was denied. Chair Boyce advised the applicant to consult staff about next steps. The board’s decision is final for the ZBA and, as noted at the hearing, is appealable to DeKalb County Superior Court.
Next steps: the applicant was told to check with staff for administrative guidance on alternatives or appeals; the record and staff reports will capture the board's findings on the ordinance criteria and the denial outcome.
