The modern-day Tarzan and Jane are alive, well and living in Monroe County.\nBloomington residents Tom and Cathy Haggerty prefer sipping their morning coffee and reading their daily newspaper, indeed, from the high-altitude comfort of two century-old oak trees sprouting out of their front yard on West 14th Street. \nThe Haggertys' four-story tree house provides their family, friends and neighbors a welcomed refuge from the hustle and bustle of city life -- snuggled in the midst of acorn-eating squirrels and their nests. \n"You've got to play everything by ear when you are building something like this," Tom said. "It's been a lot of fun. This thing started small, but you'd be amazed at what you get yourself involved in."\nTom constructed his first tree house when he was 10 years old, and he has built about a dozen since the 1950s. His current tree house includes a wood-burning stove, patio set, stereo, wind chimes and a giant silver fish sculpture made of used CDs.\nThe Haggertys, co-owners of TomCats Pawn Shop, 750 W. 17th St., said they encouraged their three teenage children and their teenagers' friends to build the tree house as a means "to keep them off the streets and out of trouble." Instead of a typical one-story tree house that is nailed into the bark, the Haggerty family and their friends constructed a multi-decked tree palace that is suspended from the renowned strength of the oaks' trunk and branches.\n"With video games and 10 million channels on TV, my kids were always building something to get out them out of the house," Tom said.\nConstruction began in 1997 and continues throughout today. \nTom Haggerty said the project might last indefinitely since there is always some kind of modification that can be made to enhance the beauty, comfort and luxury amenities of their tree palace. He likened his family's creation to an "interactive architectural sculpture" -- the result of artistic children producing creative and meaningful artwork.\nTREE HOUSE ART\nThe City of Bloomington has not always agreed with the Haggerty's definition of yard art, having threatened them with a $2,500-a-day fine in May 1999 until they removed their tree palace for violating city building codes. Then Assistant City Attorney Matthew Bolton referred to their tree house as a "playhouse," and the Haggerty family plight to save their self-described "work of wonder" ended up on front page of the June 9, 1999 Herald Times.\nThe Haggerty family, following a coordinated letter-writing campaign involving their children, friends and neighbors, elicited community support and the city eventually declared their tree palace innocent of all criminal charges because no specific city building code had been violated by its construction.\nEric Greulich, a zoning planner for the city of Bloomington, said Monroe County building department officials consider tree house applications "no differently" than a car port of a detached garage. He said detached dwelling units of that kind, known by city officials as "accessory structures," must be 5-feet from the side and rear of property lines, 35 feet from the front and no more than 15 feet tall. \n"I have never received a tree house permit," he said.\nA MCBD official, who asked to remain unnamed, said "none of our codes" cover tree houses specifically. He said a tree house would be considered a building by the MCBD, even though a tree does not have a permanent foundation.\n"My guess is the city doesn't approve of building one," he said. "We haven't received an application for a tree house in the three years I have worked here. To apply for one would be a mute point. Most tree houses that are built we do not know about."\nOne accessory structure is allowed by city code per residential zone, and the request must be approved by the city planning office and certified by the MCBD.
A HUMAN NEST\nUrban forester Lee Huss, who works for the Bloomington Parks and Recreation department of urban forestry, said residents and students should know different species of trees have different wood properties. He recommends, therefore, placing a tree house only in a "structurally sound" tree -- known for its strength and longevity. \n"My major concern would be placing it in a tree that is in a declining state -- cavities in the tree or wounds on the tree that haven't healed," Huss said. "Do not use leaves as a health indicator. Find a tree that is large enough to support the structure ... ash and oak are preferred over maple. Certain trees lend themselves to be better choices."\nCommercial Specialist Joe Osborne, employed by Lowe's Home Improvement Warehouse of Bloomington, 350 N. Gates Dr., said would-be tree house builders can bring in a blueprint or rough sketch of their design with approximate dimensions if they have any questions about possible construction materials. He recommends residents and students ask for John Wash, a commercial specialist colleague known for his ability to decipher even the crudest of floor plan drawings.\nTom said his family's tree palace taught his children engineering techniques, climbing techniques, fastening methods, construction safety and above all teamwork. His family utilized ladders, harnesses and power tools without any reported injuries.\nTom also said would-be tree house builders should consider suspending their tree houses from thick branches on the base of the tree, because the tree tends to move and bend in stormy and windy weather. His three tree house safety recommendations include: be careful up there, don't put your eye out and make sure it is far enough from the street. \nHuss said would-be tree house engineers should involve a certified arborist in the preplanning process to verify the tree is healthy and able to support the weight of a human nest within its leaves and branches.\n"It's America, that's what I say," he said. "If somebody wants to build a tree house and it's on their property, just be safe"
