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HomeMy WebLinkAbout223 E Gore Creek Dr Violationsgt/- azs/ Department of Community Development 75 South Frontage Road Vail, Colorado 81657 970-479-2 t 38 MX 970-479-24s2 November 8, 1999 Mr. Charles H. Rosenquist P.O. Box 686 Vail, CO 81657 SENT CERTIFED MAIL. RETURN RECEIPT REQUESTED RE: Multiple Planning/Zoning, Building Code, Fire Code & Health Violations at the Creekside Building, 223 East Gore Creek Drive. Vail. Colorado Dear Mr. Rosenquist: Our files show that you are the owner of record owner for the Creekside Building, which is located at 223 EasI Gore Creek Drive in Vail. For some time now, the staff at the Town of Vail has been aware of a number of issues conceming the condition of the Creekside Building. More recently, in conducting a hnal inspection for building permit number B97-0251, the remodel of the Gore Creek Grill, the Building Safety & Inspection Services Division and the Town of Vail Fire Department discovered many additional violations of the town's minimum safety stand.ards relating to public health, building codes and fire codes. The violations of minimum adopted standards and regulations that were immediately apparent are listed as follows: Sewage Ejector Pits. There are two open sewage sumps located in the basement. According to plumbing and health codes, these sumps, which are part of a sewage ejector system, must be sealed by a gasketed cover and vented to a location above the roof (Sec. 710.10, 1994 Unifunn Plumbing Code (UPC)). In addition, sewage ejector systems that serve areas accommodating the public must also be equipped with dual, backup pumping systems in the event that the primary system should fail (Sec.710.9, 1994 UPC). There are signs that raw sewage has overflowed into the basement of the building. This is also a potential violation of CRS 25-1-107(m), which could be enfbrced through the Water Quality division of the Colorado Department of Public Health and Education. Please note that this violation alone could result in an order to vacate the building until such time that this unacceptable condition has been satisfactorily corrected. Unlawful Construction. A plywood shed roof structure that was apparently constructed on the east side of the building sometime last year was built without the required DRB approval and without the required building permit and in-progress inspections (Sections 106, 108 and 109, 1997 Unifutm Building Code (UBC)).ln addition, it is highly unlikely that the Uniform Building Code (UBC), as adopted by the town, will permit a combustible, non-fire-resistive strucfure with unprotected openings to be built in such close 1) 2) tp *un"'uo '^'u* proximity to the property line. In any case, the use of plywood on the exterior does not meet the town's design standards. 3) Building and Fire Codes Corrections. A number of required corrections were noted at the time of the final inspection for the Gore Creek Grill. These include clearing the emergency exit from the basement of the building, changing the door swing of the gate at the back deck to swing in the direction of emergency egress travel, repairing an unsafe section of guardrail at the deck to conform with Section 509 of the UBC, relocating either the decorative, suspended light fixtures or the fire sprinkler heads in the dining room so that the sprinkler heads provide coverage for the areas below the light fixtures, reworking the kitchen equipment line so that equipment is located under the Type I hood as required and revising the automatic suppression system for the kitchen hood so that open burners are covered by the system, etc. 4) DRB Approval Conditions. The Design Review Board (DRB) approval for improvements to the building included conditions that the entire east side of the building and the decks, rails, fascia, etc., be repainted. This work has not been completed to date. 5) Unapproved Items. The umbrellas, new wind screen and Christmas lights were illegally installed and must be removed or a DRB approval for them must be obtained. 6) Exterior Lighting. Some of the exterior light fixtures, i.e., floodlights, do not comply with the town's lighting code or electrical code and must be removed. 7) Exterior Storage. The property owner and/or tenants are storing items outside of the building on the east side of the property. This storage is not permitted, and these items must be removed immediately. 8) Drainage into Gore Creek. It appears that some sort of unidentified liquid waste may be draining into Gore Creek. Note that this list may not be complete, but includes only the violations that were readily apparent after a review of our files and at the time of the most recent inspection. Section 104.2.5 of the 1997 edition of the Uniform Building Code (UBC), as adopted by the Town of Vail, reads as fbllows: *104.2.5 Occupancy violations. Whenever any building or structure or equipment therein regulated by this code is being used contrary to the provisions ofthis code, the building official may order such use discontinued and the stnrcture, or portion thereof, vacated by notice served on any person causing such use to be continued. Such person shall discontinue the use within the tirne prescribed by the building otficial after receipt of such notice to rnake the strucfure. or portion rhereof' comply with the requirements of this code." The electrical, fire, mechanical and plumbing codes adopted by the Town of Vail have simiiar provisions for enforcement. This letter shall serve as written notice to you that the property is in violation of the building and fire codes adopted by the Town of Vail, which are found under Title l0 of the Town of Vail Municipal Code and the zoning regulations of the Town of Vail, which are found under Title l2 of the Town of Vail Municipal Code. Please respond in writing to this letter within thirty (30) days, or by no later than December 10. 1999, with a detailed proposal to bring the property into compliance with the minimum public health, safety and welfare requirements of the Town of Vail. If you should fail to respond by December 10, 1999, or subsequently fail to implement an approved plan for compliance, the Town of Vail will have no recourse but to order the affected portions ofthe property vacated and to take legal action against you in order to achieve compliance. Of course, Iegal action should always be a last resort. The Town of Vail staff would rather serve as a resource to work with and assist you in meeting the minimum health and safety standards that benefit all of the town's business owners, residents and guests. ,r/ .--.-, ; -..-t --it'-'-'/y'/ - Chief Building Official 479-2321 Chief of Plarrning 4',79-2148 Mike McGee, Fire Marshal 479-2135 cc: Mr. Charles H. Rosenquist, l"t class mail Bob Mclaurin, Town Manager Pam Brandemeyer, Assistant Town Manager Tom Moorhead Town Attomey John Gulick, Fire Chief Russell Forrest, Director of Community Development Patrick Hamel, Environmental health Specialist File, Permit #B91-0251 Legal File, Creekside Building