Tiny house to be moved from CB neighborhood while under construciton

But could return when finished

By Mark Reaman

The struggle continues over how to handle a tiny house on wheels, located in the backyard of 29 Gothic Ave. in Crested Butte.

The immediate result is that interim town manager Bill Crank decided that building the structure in the R-1 zone is a violation of the town code and it will have to be moved while it is being constructed. Crank met with the builder, Dan Escalante, and the move is to take place before August 4.

Escalante cites this tiny house as an example of and possible step toward addressing the affordable housing issue in town.

The neighbors see it as an eyesore.

The Town Council at the July 18 meeting wasn’t sure what to do except instruct the staff to enforce the town code. Hence the decision was left up to Crank.

Town building and zoning director Bob Gillie told the council at the July 18 meeting the house falls into the category of a transient mobile home (TMH). The code says such a TMH cannot stay parked on a lot more than 14 days, unless it is for storage purposes, is not being used for occupancy and complies with setbacks in that zoning district. No one has yet lived in the house. Such TMHs cannot be occupied more than 14 days in a 60-day period. But Escalante is still working on the project and that throws another kink in the equation.

The trailer is also not yet registered and it needs to have license plates. Escalante said he is working on getting that done.

Escalante said he wants to be part of the solution to affordable housing, not the problem. “So I started building this tiny home, not to piss off the neighbors, but maybe to provide some affordable housing,” he said. “It is parked there for me to work on and I would like to get it done sooner than later.

“Am I happy it’s there?” Escalante asked. “It gives people a chance to look at it and get a feel for it. It’s a great housing option but it won’t be there forever. I do want to eventually live in it and maybe in that spot for a time. I’m not slipping through any regulations. There aren’t any. I’m just trying to create a housing option.”

Escalante said the roughly 19-foot by seven-foot house with two lofts is well insulated and has a composting toilet. He said construction noise from the project is minimal.

The neighbors reiterated their objections to and frustrations with to having the house project nearby.

Jerry Lund had reviewed the town code and said the project was not in accordance with R-1 regulations. “This is about enforcement of town zoning codes that we have always been strict about,” Lund said. “No one wants this type of project to deter from the good work BOZAR has done. We all understand there is a housing issue, so the town should find an appropriate place for these and regulate them.

“But under the rules, this would not be considered a ‘customary’ use for this zone. We have a mobile home district in town. The town has denied requests to build stick-built homes in the mobile home district so why would it allow a mobile home in the R-1 district? R-1 is not zoned for manufacturing and that is what is happening there. To turn the town into a place where someone can pull a shanty where there are allowed setbacks, is ludicrous,” Lund continued.

Neighbor Gil Friedlander said his family had built and remodeled a couple of homes in Crested Butte and appreciated the rules and policy behind the zoning. “We have rules and zoning so our lives are not chaotic,” he said. “There needs to be security in place to protect people’s interests. It is a great neighborhood and I want to keep it that way. It isn’t a Better Homes and Gardens issue to me; it’s a law and common sense issue.”

Local resident John O’Neal said he had no dog in the fight but was an advocate for the tiny house movement. “It’s an exploding movement. It’s interesting and causing a lot of conflict because it is so new,” he said. “It is important that they are done right and meet the codes but it seems like a viable option to have a dwelling and I hope the council can see the potential in town in the proper place.”

Joni Lund said they bought their home because it was in a residential neighborhood. “Nothing about this is residential. There is no plumbing. No water. Are we going to allow that smell in the neighborhood? I hope the town can creatively find places for these units to be. The town has land it can zone for this type of thing. I want this unit moved as quickly as we can make it happen.”

Beth Goldstone defended the aesthetic of the home on wheels and said she thought it fit in well with the town.

Don Davol said he hoped the town could accommodate a place for the tiny homes.

“I think Dan is trying to be a part of the solution to a real problem, but I think he’s part of his neighbor’s problem at the current time,” said councilman Paul Merck. “Dan is looking for a solution to affordable housing but the present location is in violation of the codes at this time. I like the tiny house movement but … am not in favor of you working your neighbors really hard, Dan.”

Councilmember Laura Mitchell said some might consider the tiny house a camper like so many others in town, “But it is not an appropriate place to live in long-term. You have obviously pushed the neighbor’s buttons so maybe it is time to move it. I would like to see it registered and tagged and the rules followed.”

Councilman Jim Schmidt said he thought Escalante was purposely pushing the town regulations. “I don’t want the town to turn into an RV park,” he said. “You were on council for four years and you never proposed this type of thing. The town doesn’t have that much acreage so maybe the county can help. It seems putting it in the RV park in Riverland would be a more appropriate place. We should enforce the regulations.”

“The code is vague,” countered councilperson Erika Vohman. “He’s not in violation of anything yet.”

“We are trying to work with all the parties and come to a solution,” reiterated Gillie.

“I would hope Dan could find another place to work on the project while we figure out the micro-housing possibilities,” said councilman Chris Ladoulis.

Mayor Glenn Michel said he understood the passion of the neighbors but the town had to follow an existing rule set. That would basically allow the TMH to be located in the back yard within regulated setbacks. It would have to carry license plates and it could not be occupied for more than 14 days.

“This is a bit of an odd duck,” admitted Gillie. “He’s working on it. So should it be classified as ‘stored?’ I am hearing the intent of the council would be to get it tagged and moved as soon as possible.”

Town attorney John Belkin said the legislative aspect of the discussion is what the council could deal with. But the decision on how to deal with it now resides with the town staff. “The code isn’t all that clear on some things. We can address some little tweaks to help clarify it,” he said.

Crank said after reviewing the pertinent ordinances, his interpretation of the code was that building the structure in R-1 was in violation as to the use of the property. Crank said that while he can’t build the house on the property Escalante may be able to park it there once it is legally registered and licensed. It would also have to fit within specific setbacks on the lot and would be considered a transient mobile home. Under town rules, the house could be occupied for 14 out of 60 days. One side note­—Crank did say Escalante’s composting toilet may not be permitted to be used within town limits.