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Pitkin County appeals board treats 360 South Hayden snow-melt work as repair; fees required
Summary
The Pitkin County Board of Appeals reversed the chief building officials disapproval and found the work at 360 South Hayden to be a repair of an existing snow-melt system, not a replacement that would automatically trigger the countys new exterior-energy BTU limit. The board required payment of mitigation/repair fees covering the repaired square footage.
The Pitkin County Board of Appeals voted to overturn a staff finding and treat the contested work at 360 South Hayden as repair rather than new construction, allowing the property owner to proceed while paying repair/mitigation fees for the area being replaced.
At the hearing the appellants attorney, Jody Edwards, argued the countys recently adopted International Energy Conservation Code (IECC) amendment could not be used to force removal or abandonment of a legally existing system. Reading from the IECC, Edwards told the board: "Except as specified in this chapter, this code shall not be used to require the removal, alteration, or abandonment of nor prevent the continued use and…
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