Town Council approves encroachment for building despite permit challenges

In a pivotal discussion during the June 24, 2025, Board of Trustees meeting in Buena Vista, Colorado, officials tackled the complexities surrounding an encroachment permit for a local building project. The conversation highlighted the challenges posed by a newly implemented code that was established in early 2024, which had not previously addressed encroachment permits.

The board faced a critical decision regarding whether to approve the encroachment, which would allow the building to remain as is. Without this approval, the owners would be forced to make significant alterations, potentially moving walls and utility boxes, which could incur substantial costs. One trustee noted, “If we don’t approve this encroachment, does that mean they have to move the walls? Yes, they would have to move almost three buildings.”

The urgency of the situation was underscored by the fact that the building had already received an occupancy permit, raising concerns about the implications of enforcing the new code retroactively. The discussion revealed a consensus among board members that, given the circumstances, approving the encroachment was the most reasonable option.

As the meeting progressed, trustees expressed their concerns about the timing of the code's implementation and its impact on existing projects. The board's decision to approve the encroachment is expected to alleviate the financial burden on the property owners while also addressing the town's regulatory framework moving forward. This decision marks a significant step in navigating the complexities of local building regulations and their real-world implications.