The Enchanted Forest closes because of city code violations

The 3.5 acre site has hosted arts events and holds larger than life sculptures

By Claire Osborn
AMERICAN-STATESMAN STAFF
Tuesday, July 22, 2008

Albert DeLoach has closed the gates to the Enchanted Forest in South Austin.

For the past four years, the 31/2 acres of brushy land on West Oltorf Street have played host to outdoor art events, concerts and fundraisers for nonprofit groups, as well as acted as a gathering place for local artists. In the process, it has violated several city codes, an Austin Fire Department official said.

DeLoach, who owns the land, said city officials took away his temporary use permit Friday, which means that he cannot hold public gatherings of more than 49 people.

"I am at a loss; I feel like I am being singled out to be shut down," he said while standing underneath a live oak tree with a disco ball suspended from its branches.

DeLoach said he has hosted more than 100 artists on his property over the past year. Some of their work remains along the trails that cut through the land, including a giant rocking horse and a 16-foot-high sculpture made of bottles, brass and lamps.

Austin Fire Department Battalion Chief Don Smith said DeLoach's land at 1412 W. Oltorf St. had electrical code violations, amplified noise violations and structures that were built without permits. The mayor's office received a complaint about noise at DeLoach's property May 27, which prompted officials with the city's public assembly code enforcement team to investigate, Smith said.

DeLoach needs to fix the violations and obtain a different kind of permit, called a conditional use permit, to hold festivals on his property, Smith said.

DeLoach got the temporary use permit a few years ago so that acoustic music could be played, Smith said. At that time, the land was just "a vacant lot with trees," he said. "Over the years, his place has grown, and it has multiple stages and structures, electricity and fire pits in different places. They do a lot more than was originally permitted."

To get a conditional use permit, DeLoach must file a site plan with the city, and then a public hearing must be held, said Sarah Groves, a coordinator with the city's development assistance center. She said DeLoach's land, which is zoned for commercial use, does not have to be rezoned for a conditional use permit.

DeLoach said officials told him July 5 that the lighting he had along his trails and in his trees needed to be inspected by a licensed electrician. He said he was trying to get the work done when the city took away his temporary use permit.

When he bought the land 10 years ago, DeLoach said, he decided to create a community for artists because he had no one to turn to for help after his wife died.

DeLoach said he is going to study his options and try to re-open the Enchanted Forest. He said he has already canceled events planned for October.

DeLoach, who is also an artist, has built a giant heart on the property out of refrigerator parts. He said he spent the weekend building a bamboo fence around it because he felt so hurt by the city's actions. "I have to protect my heart," he said.

cosborn@statesman.com; 445-3871