The Crested Butte News Serving the Gunnison Valley since 1999
Town trying to work toward a solution
[ By Mark Reaman ]
The Crested Butte town council set as a priority the effort to try and settle a neighborhood dispute impacting some residents near Second Street and Whiterock Avenue. Several neighborhood residents spoke to the council during the public comment period at the August 15 town council meeting and said that since the Slogar restaurant was forced to upgrade its kitchen ventilation hood system, the new replacement equipment is extremely loud and doesn’t comply with the town code. They want the town to enforce the Crested Butte rules, especially the noise ordinance.
“Noise pollution is a big problem with the Slogar and its new ventilation fan and ventilation system. It significantly has increased the noise. It is two or three times louder than the old one,” described neighbor Dave Ebner. “We’ve recorded 75 or 85 decibels and you can feel the vibrations as well as hear the constant sound. It is very challenging to live with. We feel it is affecting our hearing and health. We are here to have a voice and ask for some help. The town staff has indicated it is not enforcing the residential noise ordinance in that area. We want Slogar to succeed but we are asking the town to clarify and enforce the noise ordinance.”
Tom Miller and his wife purchased the house directly adjacent to the Slogar near the ventilation system. “We know that we moved to a house near a restaurant,” he said. “But it is appropriate for the town to take steps to fix the noise issue that started this past spring. We bought the property in a residential zone and I’d ask that the codes that apply there be enforced.”
Ian Hatchett has lived in Crested Butte 35 years and said he knows many of his friends who have lived in that neighborhood over the decades. He has lived in his house in the Slogar alley for about 10 years. “I had never thought of the Slogar exhaust fan but since last winter it has been an issue. The sound is not just loud, it is pervasive. I can lie in bed with every window closed and hear that thing grinding. Sitting in my yard trying to read a book is like sitting next to the Sysco delivery semi-truck six days a week from 10 a.m. until 10 p.m.
“From a human perspective, we would love to return to the historical sound level that was not noticed,” Hatchett continued. “This is having a big impact on all of us.”
Tom Miller’s wife, Catherine, reiterated that the neighborhood is in an R3-C residential zone (residential/historic/tourist/core). “Some on town staff feel this is a mixed-use zone and we strongly disagree with that,” she said. “The only other business in that zone is Irwin and there are no issues with them. We want residential zoning to be kept and for the Slogar to meet the town code.”
No representatives of the Slogar business or building ownership were present at the council meeting.
Later in the meeting, town manager Dara MacDonald told the council that the staff understood the Slogar was not in compliance with the noise ordinance. Under the town code, the restaurant would be permitted to put out 55 decibels during the day and 50 after 10 p.m.
“As with any code violation the first thing we do is seek compliance and that is what we’ve been trying,” she said. “It started when they had to close to come into compliance with their hood. We have reached out to a noise consultant expert who feels they can deal with the situation mechanically. But so far, the Slogar has not been responsive to that. They referred us to their attorney. So (town attorney) Karl (Hanlon) will be talking to their attorney this week and we hope there will be a cooperative path going forward.”
“We are hoping something gets moving after we engage with their legal counsel,” Hanlon said. “We understand that everyone wants to move on this quickly but we can’t provide a timeline. But a cooperative solution is best for all parties.”
Community development director Troy Russ confirmed that the restaurant is violating the noise ordinance “but we are struggling with getting the information on what was originally approved by the town and BOZAR (Board of Zoning and Architectural Review) when Slogar was approved for that location.”
Councilperson Jason MacMillan said the path was tricky given that if the town shut down the restaurant, scores of people could be impacted through job losses. “Trying to find a solution that works for everyone is important,” he said.
Council emphasized that the issue was a “priority” to work out and wanted to be updated on any progress made between the attorneys.
