HomeMy WebLinkAbout230 Cherry St - Correspondence/Plumbing - 09/26/1974MEMO TO: Roy Bingman
FROM: Gordon F. Clyde
DATE: September 26, 1974
SUBJECT: Warehouse @ 230 Cherry
Question by Councilman Wilkinson.
During April or May 1974 I held a preliminary discussion with Earl
Wilkinson, General Contractor, dba Cardinal Construction Company regarding
the details of construction of a furniture warehouse for the owners of the
Showcase Ltd. Mr. Lynn Greenwood, Plans Examiner for the Department
participated. We were told that the proposed location was on Cherry Street
in the 200 block, roughly across the street north from the former trolley
barn. Later a plat of a survey was submitted which identified the property
as being a portion of Lot 5 Block 34 City of Fort Collins; the premises
at 230 Cherry Street.
Many code and design matters were discussed in the meeting which lasted
about an hour. Among the questions asked by Mr. Wilkinson was the re-
quirements forwater closet facilities. We reviewed the requirements of
Section 1105 of the Fort Collins Building Code which in effect says you
shall have sanitary facilities in every building where persons are employed.
Mr. Wilkinson represented that the planned facility would not have personnel
employed on the premises because it was to be solely a storage warehouse.
He did acknowledge that it could be converted to a retail sales facility at
sometime in the future. Under the planned use as described we advised Mr.
Wilkinson that toilet room facilities were not required but we recommended
roughed -in plumbing for the possible future use.
On May 29th Mr. Wilkinson submitted plans for review and a finished toilet
room was shown. On June 13, 1974 the permit was issued for a 4,150 sq.ft.
F.-2 warehouse.
On July 30, Mr. Roblin and Mr. DeVeny noted that the toilet room had fixtures
set but that walls and floor finish required by section 1711 had not been installed.
I called Mr. Wilkinson and explained the code requirements for floor and wall
finish and arranged for him to meet Mr. DeVeny on site. Mr. DeVeny returned
from the meeting and reported that Mr. Wilkinson had decided to remove the fixtures
and leave a roughed -in facility only.
Several days later, probably about mid -August Mr. Wilkinson stopped in my office
and in the course of a general conversation mentioned that disagreements in.the
Building Inspection Department had cost him a thousand dollars (I believe that
was the figure he mentioned.) When I questioned him as to details he said that
Mr. Greenwood had phoned him following the first planning conference and had
urged him to put in the toilet room. As I probed the allegation, he said he
knew we had agreed that the sanitary facilities were not required but that
because he was a Councilman he felt he couldn't go against Lynn and therefore
he decided to install them. When he left I had.Mr. Greenwood in and he
-z-
categorically denied any effort of any kind to influence or intimidate the
Councilman. He says that he had no contact of any sort with Mr. Wilkinson
between the preliminary discussion and the date plans were submitted. Mr.
Wilkinson brought his plans to Lynn Greenwood and asked him to look at
them in his presence just before he submitted them for a permit. Lynn
noticed that a toilet facility was shown to be installed, not rough in.
He mentioned the meeting with Mr. Clyde and said that it was agreed at the
meeting that with the use as proposed, no toilet facility would be required.
Mr. Wilkinson said he had thought it over and because of .his position (meaning
being a councilman) he did not want to run any risk of being accused of getting
special treatment and he thought he would install a toilet room. The plans
were submitted this way. Mr. Greenwood's recollection of the preliminary,
agreement we had reached agreed with my memory. I have no reason to doubt Mr.
Greenwood's word and in light of what has transpired with the City Engineer's
Department regarding construction in the public right-of-way. I feel that the
Councilman's story is hard to believe.
If Mr. Wilkinson has now approached the City Engineer with the proposition
that the City should waive other requirements in order to compensate for the
alleged Building Department errors, I find the situation intolerable. There
have been no Building Department errors, but I can suggest a rationale for
this kind of story if you want it.
Gordon F. Clyde, Chief Building Inspector
C014CURRENCES:
The facts as set forth in the above memo represents the truth as I
know it, and omits nothing that is germane to the issues raised.
Willard DeVeny DatV
Date
r.
Date
Post Office Box 580
Fort Collins, Colorado 80521
November 5, 1974
Mr. Gary Birdsell
The Showcase, Ltd.
218 W. Mountain Avenue
Fort Collins, CO 80521
Dear Mr. Birdsell:
Telephone 303 484-4220
RE: Warehouse @ 230 Cherry
Your advertisement in the October 20, 1974 Fort Collins Coloradoan
on Pages 18 and 19 implies to the public that they can shop at the
referenced warehouse. This is misleading advertising since permitting
the public in that building would be a violation of the terms of your
building permit. I orally advised Mr. Wilkinson, your contractor of
these matters more than a month ago and he assured me that you fully
understood that the building is only suitable for occupancy as a
warehouse; and only by your employees; and these only on infrequent
occassions. Should you desire to allow public access to the building
additional sanitary facilities and other alterations are required.
I trust that you will arrange in the future to limit the'use of the
building as above described.
I will be happy to explain the application of ordinance requirements
which you'do not understand.
Very tru]X,,yours ,
�} -C-% c
Gordon-F. Clyde
Chief Building Inspector
GFC/ca
CC: Earl Wilkinson, Contractor
A/C Don Hisam, Fire Department
TIME CENTER OF THE VVORLD