My New Blog

The Boulder City Council acted against the staff recommendation and decided not to hold a public hearing on two tree-protection ordinances. The Council decided that it needed more time to answer a host of questions about the proposed rules, which would create licensing requirements for certified arborists, create an obligation for property owners to maintain street trees and would set tree-protection requirements as part of the site review and subdivision standards. Some Council members said they were concerned about the lack of clarity in the proposal and the increased costs to property owners. No immediate date was set for the Council to reconsider the ordinance.

Time consuming and expensive characterizes Boulder County’s Special Use Review according to critics. Numerous resorts, lodges, private schools, and rural churches, many of which were built before current zoning existed, want relief from the onerous review process and costs. And, they contend they shouldn’t have to adhere to the same regulations and requirements the county applies to new development. Planning staff will bring proposed policies and rules to ease the way for alterations to these types of properties to the Planning commission in April. Review the February Planning Commission docket at: February 17, 2010 at 1:30 P.M. (afternoon session) and 3:45 P.M. (afternoon session).

National Flood Insurance Program Extended

A temporary extension of the National Flood Insurance Program (NFIP) was signed into law by President Obama on March 2. This will extend the NFIP through March 28 (it was originally scheduled to expire on February 28). The temporary extension will allow Congress to work on a longer extension, currently pending in the Senate, through the end of 2010. NAR will continue to push for a longer extension and even more meaningful long term reform. If you have questions about the NFIP, feel free to contact Austin Perez at aperez@realtors.org. More information can also be found on REALTOR.org:

http://www.realtor.org/fedistrk.nsf/c2c6e17e27e92119852572f8005cd953/b46b0a71d43b9de8852572a5004e5abc?OpenDocument.

Leasehold Improvements Renewal Efforts Underway

For more than 10 years, a temporary provision in the depreciation rules has allowed a 15 year recovery period for the cost of making improvements to leased property. This rule expired as of January 1, 2010, however. Thus, unless Congress acts to renew and extend the provision, the cost recovery period is now 39 years, with the improvements being treated as part of the cost of the underlying real property. A Senate version of a jobs package is pending that would renew this (and many other) expired provision and make the 15-year recovery period available for all of calendar 2010.

Not that remodeling in Boulder and Boulder County wasn't expensive enough!  Now an Environmental Protection Agency Rule supposedly approved in 2008 with little fanfare or press will be implemented and enforced in 2010.  So in addition to "Greening" up your remodel which means paying specialists $5,000 to $25,000 to review your plans to ensure that you are "Green" enough for the city/county - then adding all the cost of the requirements to be Green e.g. solar, geothermal to mention a few, you now have to hire men in space suits to dismantle your remodel if it was constructed prior to 1978 due to lead-paint.  Even simple jobs like replacing your windows now requires an EPA certified contractor to make sure no lead-paint dust is spread into the air (by the way isn't lead heavier than air?). 

Now I don't want to sound like someone who doesn't care about the environment because I do.  But when will this silliness stop?  It will become prohibitively expensive to do even the smallest remodel jobs.  Supposedly the EPA rule states that if you remodel more than 6 square feet you are subject to the requirements of the law. That's right 6 square feet!

If you think this sounds too ridiculous to be true let me tell you an actual story from a client of mine who recently pulled a permit to remodel his basement.  When the building inspector came to check the progress of the work all was fine with the basement.  He then moved into the upper stories of the home (which were not being remodeled and had been constructed 10 years earlier) to see what "green" code violations existed.  Not only did he require that new CO2 and Smoke Detectors be installed, but that the light fixtures had to have new florescent bulbs installed and the refrigerator needed its ice maker line removed!  Imagine that!  It is insane!