Well not quite tumbling.
Actually, workers are painstakingly lowering the wall, brick by brick.
It is the wall built by Colorado Springs residents Holger and Sally Christiansen. He’s an architect. She’s in real estate. They live in the Historic Old North End Neighborhood.
They erected the elaborate structure around their compound on North Cascade Avenue, just north of Uintah Street and Colorado College.
They started in July 2007 using brick they shipped from Virginia. Only problem . . . they didn’t get the necessary permits and permissions needed to build in the city, much less in the hyper-restrictive North End Historic District.
Not only does the neighborhood have a homeowners association, all work done on the outside of houses there must be approved by the Historic Preservation Board.
Despite being rejected by neighbors and the preservation board, the couple pushed ahead with their wall construction. The city finally got them to stop work on the wall, but not before they had encroached nearly two feet into the city alley and nearly completed the structure.
It stands well higher than the 6 feet maximum allowed without a variance and its decorative pineapple-shaped finials soar nearly 11 feet high. See them in photos I posted in a January blog entry.
Efforts to negotiate a settlement failed and ultimately the city sued to force compliance with city codes. In February, after a three-day trial, a judge found in the city’s favor and ordered the wall into compliance within 90 days.
Here’s a blog I wrote about the trial with links to previous blogs and stories.
Below is a photo of the next-door neighbor’s fence, and its decorative finials, with the Christiansens’ shrinking wall in the background.
The couple’s decision to comply and shrink the wall does not necessarily end the saga.
They’ve asked permission to keep their finials. The request is pending city approval.
While they wait, work is progressing.
Besides deconstruction, the Christiansens have had to deal with other problems related to their wall. The prolonged dispute caused a lot of hard feelings and some have stooped to obscene graffiti to voice their opinion.
WARNING!
Some might find the next photo objectionable. It was taken by Gazette staffer Mike Eiler about two weeks ago.
It is a good example of the emotions stirred by the case.
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HOAs and Hysterical Societies often cross the line into the rights of citizens. There should only be one “authority” to beg permission from, not three.
The only serious “violation” may be the 2′ encroachment onto a city easement. But as for building a humble castle wall around one’s private domain – we should all take a step back and consider “free use of property”.
Especially when it comes to basic home improvements on one’s homestead (in detached single family housing with ownership of the land).
This is a scenario repeated across the USA. Humble homesteads come with the assumption that a man’s home is his castle, and he has the right make it comfortable. Until the MAFiA came in to the equation (Acronym for Mandatory Associations Foreclosing in America).
A nice perimeter wall is a fine thing, maybe it keeps runaway cars at bay? I wonder how times this owner had ruts in his yard or near kills of his children?
Homeowners need adequate protection from the outside world an a fine masonry wall is a proud American tradition!
Recent discoveries in the activities of HOA lawyers in Texas is evidence proving homeowners need protection from these overzealous HOAs and their punitive actions levied by non-profit “non-government organizations”, specifically Mandatory HOAs and Mandatory Architectural Control “governing documents”.
I say let the brick wall stand tall and proud unless it violates the property line, and adjudicate this based on the city ordinance as applied to all homeowners equally across the city.
The city should make sure it is located within property boundaries, and allowed according to the legitimate laws regarding city zoning and very little else should affect this.
The rights of the homeowner deserves protection to insure safety and code compliance. The city government needs to protect its citizens from out-of-control control freaks commonly found on HOA boards and hysterical societies, enter Mrs. Kravitz.
Bewitched HOAs currently operate across the USA. It seems Mrs Kravitz clones have assumed control and Stepford-ized Citizens form the quorums at every meeting….prozac and a rulebook give them something to occupy their minds.
Just my humble, civilized opinion:
Build it higher and finish it with enough hired hands to do it all and complete it in an afternoon. You should, however, make sure your city permit is in order before building such a thing and survey the land (hire a RPS) to clearly mark the boundaries first (do it yourself if you are good at geometry). Getting a fence permit should require only 1 stop, pay your $20 and get your permit…and get ‘er done!
I will ask for a bill (in the Texas Legislature) to adopt “HOA” as meaning “Hysterical Owners Association” and defined as a nuisance creature (open season year-round) in Title 11 property codes, Homesteads shall be exempt from forced sale for debts conjured by HOA, POA, or other MAFiA contract.
City zoning is more than adequate…if you have a city permitting process, the HOA needs to dissolve. One-Stop-Shops will get business moving again, and make people feel at home again, back in the American Zone.
(magic HOA dissolving pixie dust, $1,000,000. Freedom from HOAs: priceless!) Send Cash
Thanks.