The Mountain-Ear
The voice of the Peak to Peak
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| Town of Nederland approaches "multi-use" businesses |
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| Written by administrator | |
| Thursday, 19 November 2009 | |
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Lynn Hirshman NEDERLAND Teresa Warren, of Off Her Rocker, recently complained to the Board of Trustees about the Town administration demanding a building permit and a new certificate of occupancy for her building based on the Town's "discovery" that her building has three uses. Following the Mountain-Ear's publication of Warren's protest to the Board, the paper received information from attorney Mark Cohen that the Town administration has recently sent him a similar request. In Cohen’s case, his building at 110 Snyder recently rented space to a dispensary, Grateful Meds. According to Cohen, “When Gilpin Title was my tenant in the basement, there was no problem. Now I have a marijuana dispensary in my building, rather than a title company, and I am suddenly getting a letter from the Town telling me that I need a building permit. I do not understand this.” Cohen received a letter from Town Administrator Jim Stevens on October 28, stating “The IBC [International Building Code] states that when there is a change of occupancy a building permit must be obtained and the building or unit must be brought up to the current standards of this code….Then a Certificate of Occupancy (CO) will be issued….no change in the existing building or structure shall be made until a building permit has been issued….This letter is to notify you that you must apply for a building permit for the change in occupancy and use of your building.” In response to his question about this, Cohen received an e-mail on November 2 from Eric Pendley, who serves as the Town’s building inspector. This stated, in part, that “there has been a change in occupancy and a permit will be required. Especially with these medical dispensaries, we need to review all life safety [sic] because of all the security items that are installed with these types of uses. Also, with this project, a change of use occurred from a "B" business to a "M" mercantile.” In his extensive dialogue with the Town on this matter, this last issue was never addressed, either by Mr. Stevens or Mr. Pendley. Cohen has noted, however, that this communication from Pendley was “critical because it shows that Eric [Pendley] specifically mentioned dispensaries even though the International Building Code does not mention them.” Cohen added, “Why would security systems at a dispensary require more scrutiny than a security system at some other business? If an inspector is going to enter my building, he or she will need to make specific findings pursuant to an adopted code and not merely make subjective judgments about the special hazards of dispensaries. The building was completed in 2003 or 2004 and should be up to code.” Further, Cohen wrote to Pendley on November 3 that “The new tenant made no changes to the space, other than bringing in their own furniture….In addition, I am looking into the fact that the Town issued a business license [for the dispensary] and approved the parking plan, thus misleading me into believing that the town was OK with a dispensary.” Cohen sent a Colorado Open Records Act (CORA) request to the Town for, among other things, “Copies of all communications from the Town to any owner or tenant of any commercial property in Nederland notifying the owner or tenant that the owner or tenant must apply for a building permit for an alleged chance in occupancy or use of the property” for the period “on or after January 1, 2009.” He knows that “the Town sent similar letters to Ron Mitchell, Randy Ruhle at Happy Trails, Kwik Mart, and Teresa Warren,” and knows that “at least one of those property owners has a dispensary.” Cohen “heard through Ron Mitchell that after [he] refused to apply for a building permit, they are now designing some kind of form that can be used to apply for a change in occupancy.” He now thinks that “the Town is making it up as they go.” To his knowledge, the Board of Trustees is not aware that the administration is making policy without their input. He is now preparing a CORA request “looking for communications between the staff and the trustees on the issue.” When contacted, Jim Stevens, Town Administrator, said: "A certificate of occupancy is required for any change in existing occupancy classification of a building or portion of a building. This is the same requirement the Town had to meet when it moved the Community Center and Library to the shopping center space 4 years ago. Meeting current code upgrades the building stock in town and helps people with disabilities, and helps with fire prevention." Complicating the issue, Cohen is also representing Paul Rewinkel in a zoning dispute with the Town that goes to trial in December. Cohen has remarked that a member of the Town staff seemed to be “openly scoffing as if she could not believe that a citizen had a right to have his lawyer make the Town produce certain documents” concerning Rewinkel. “ I also find it concerning that the Town sent me this letter only after I began to represent Mr. Rewinkel,” Cohen states. Cohen sums up his concern this way: “I have practiced law part-time and full-time here since 1995. I served on the Town Board from 1998-2002. Until now I had never heard of any property owner having to obtain Town permission for a change in occupancy. The International Building Code does contain language that can be construed to require this, but my question is why did the Town not construe it that way or enforce it that way until 2009?” |
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| Last Updated ( Wednesday, 02 December 2009 ) |
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