Side Streets ~ Neighborhood people and issues

Archive for the 'appeal' Tag

SHOWDOWN FOR TOO TALL TOWNHOMES

February 9th, 2013, 2:00 pm by

Single-familiy homes on Whereabout Court are dwarfed by the Dublin Terrace Townhomes behind them. The townhomes were built contrary to approved plans with larger-than-permitted buildings because the developer was trying to provide unobstructed views to potential buyers.

Will the “Too Tall Townhomes” finally get knocked down to size?

Or just knocked down?

Or will they remain abandoned, inflicting financial and visual pain on the surrounding neighbors?

It’s been almost a year since questions over the size of three new buildings in the Dublin Terrace Townhomes complex erupted, even prompting Mayor Steve Bach to personally inspect the northeast Colorado Springs complex.

The city says the developer of the Dublin Terrace Townhomes raised the grade and built structures not approved for the site, contrary to the development plan.

The controversy eventually resulted in the bankruptcy of the developer Todays Homes and its parent company, Unity Builders Group of Calgary, Canada. And it threw into limbo 10 units — seven in two buildings that are finished and furnished and ready for sale and three units in one building with no roof.

In January, city planners rejected a request from the court-appointed receiver to allow the buildings to remain, as-is, with additional landscaping to buffer the neighbors’ view.

Planner Rick O’Connor’s rejection set up a showdown on Feb. 21 when an appeal is to be heard before the Colorado Springs Planning Commission.

Seven townhomes in two buildings are finished and furnished and ready for sale. But three units in a third building are in the early stage of construction. The building doesn’t even have a roof and weather is rotting the wood.

An attorney for the receiver, Andrew Checkley of MLP Receiverships in St. Louis, responded in documents that moving the buildings or demolishing them are not viable options for Pittsburgh-based PNC Bank, one of the nation’s largest banks, which owns the loans and is facing claims exceeding $1 million, including mechanic liens.

In the documents, the receiver continued a year-long debate over the height issue, arguing the city has wrongly assessed the height. The receiver insists the buildings are just four feet higher than allowed, not upwards of 11 feet as the city claims.

And Checkley raises the possibility that PNC might simply walk away, leaving the buildings to rot, unless the city agrees to let them stay.

“(PNC) has no obligation to foreclose or to take ownership of the property,” Checkley wrote. “This is the worst-case scenario for all parties involved. Unfortunately, given the finances of the project . . . and the competing demands of the interested parties, it may be the most likely scenario.”

Checkley warns that vacant and abandoned buildings erode property values, reduce the city tax base, anger neighbors and “may attract irresponsible social activity.”

Quite a scare tactic. It’s one voiced months ago by Todays Homes and now by Checkley and it has the attention of neighbors who are angry at the suggestion and fear being steamrolled by bureaucrats who don’t care about the neighbors.

“They don’t care about anybody but the bank,” said Bill Sheridan, whose single-family home on Whereabout Court, just across the fence, is dwarfed by the Too Talls.

Bill Sheridan, left, and Tom Fendon survey the Too Tall Townhomes in this September 2012 photo. They and dozens of other neighbors stand to lose thousands in equity in their homes as the buildings rot in bankruptcy.

Similar frustration is felt by Tom Fendon, who lives in a Dublin Terrace Townhome in one of the 56 units in about 15 completed and occupied buildings in the complex.

“It doesn’t get any better,” Fendon said. “It doesn’t look good as far as getting this taken care of. Meanwhile, all the people here are losing money as far as property values go.”

Of course, their positions reflect how hard this problem is to fix.

Sheridan is adamant the Too Talls must come down, insisting property values of the homes on his street all suffered when the behemoths went up.

Fendon, however, said its his neighbors in the other townhomes who are suffering the most.

“Most of us are under water,” he said. “This affects 51 townhome owners. We can’t sell because everything has stopped. There are only eight or nine homes across the fence affected by this.”

Deciding what happens next isn’t the only question Fendon wants answered. He still wants someone held accountable at City Hall.

“I walk through the community and ask myself the same question,” Fendon said. “Why was this allowed?

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JUDICIAL BULLDOZER AIMED AT CASCADE WALL

February 3rd, 2010, 5:36 pm by

Fourth Judicial District Judge Timothy Simmons, below, wasn’t buying what Holger and Sally Christiansen were selling.

simmons

Simmons presided over a three-day bench trial last month in the case of Colorado Springs vs. the Christiansens and their coutersuit over their construction of a massive red brick wall around the compound of their Old North End Neighborhood mansion on North Cascade Avenue.

The city accused the Christiansens — he’s an architect and she’s a real estate agent — of building their wall without proper permits, without necessary Historic Preservation approval, and in violation of codes governing height, public easements and setbacks.

They started construction in June 2007 and continued work even after the city issued a “stop work order” and warned them it was not in compliance.

In other words, it was too tall, sat too close to property lines and encroached on city property by straying about two feet into an alleyway. Here’s a look at the wall in a photo I took in May 2008 when I first wrote about it. I’ve also blogged about it several times. Here’s my most recent postings.

cascadewall

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Simmons rejected their arguments in an 11-page verdict which ended by giving the Christiansens 90 days to lower the wall to 72 inches. Here’s a link to the verdict so you can read it for yourself: simmons-verdict

It’s a “very big victory” for the city, said Will Bain, senior city attorney, because it affirmed his argument that city codes, permitting procedures and appeals processes must be followed and not short-circuited by a trip to court.

“We argued to the judge that this is not something the court can determine,” Bain said. “The city’s process has to be honored.”

In his closing arguments, Bain actually argued that the Christiansens were asking for special treatment.

“The case comes down to whether the city is a city of laws or a city of men,” Bain told Simmons. The Gazette’s John Ensslin reported on the trial at his excellent Sidebar blog on Gazette.com.

The couple had maintained they were singled out for selective enforcement, denied due process and had their constitutional rights violated. They claimed they could not get a fair hearing before the Historic Preservation Board.

The Christiansens have 45 days to file an appeal and 90 days to lower the wall.

I called Holger at his architect office to see what he planned to do.

holgerwebsite

He hung up on me.

Fire up another bowl of popcorn. This could be a double feature!

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