City, HOA miles apart over fence, sidewalk

All the Country Broadmoor Homeowners Association wanted was to get its broken sidewalks, curbs and gutters on Colorado Springs’ priority list for repair.

HOA President David Bondurant never dreamed the HOA’s request, in December 2005, would result in the city’s coming after three homeowners for thousands of dollars over a bizarre fence that damaged a public sidewalk.

“It was a surprise to us,” Bondurant said.

Now, the HOA is trying to persuade the City Planning Commission to let the fence stand and simply have the city widen a sidewalk along Broadmoor Bluffs Drive.

But city officials say that it’s unfair to ask taxpayers to fix the problem, and that they are trying to force the three homeowners to pay up.

At issue is a privacy fence built along Broadmoor Bluffs as the neighborhood was developed in 1982.

For unexplained reasons, a 360-foot stretch of the fence was built atop the sidewalk instead of along its edge.

Holes for the fenceposts were drilled through the concrete.

As a result, the sidewalk is just 28 inches wide, instead of the standard 48-inch width.

“I noticed it because every time I go out for a walk, I can’t quite walk down that sidewalk,” Bondurant said. “It is a problem and we’d certainly like to get it fixed.”

But, Bondurant said, the HOA never intended to cause grief and expense for its residents. It submitted the request after learning the city was compiling an inventory of bad sidewalks.

The inventory was ordered after voters in 2004 passed a 1-cent sales tax and created the Pikes Peak Rural Transportation Authority, or RTA. Of the $60 million raised each year by the tax, about $4 million is used for repairing area sidewalks, curbs and gutters.

Caught in the middle are three couples at the end of Edinburgh Court whose houses back up to Broadmoor Bluffs Drive: Don and Mary Reich, Dan and Beverly Martin and Hector and Cheryl Baeza.

According to the city, the Reichs’ backyard fence sits on 107 feet of sidewalk. The Martins’ fence covers 237 feet and the Baezas’ have a 16-foot section atop the sidewalk.

“This fence has been like this for 24 years,” Don Reich said. “I’ve only been in this house five years. It’s not something I did. None of the neighbors here now did it.”

Tearing out the sidewalk and replacing it would cost thousands of dollars.

“They said our fence encroaches on a city sidewalk, and we have to correct it,” Reich said. “It’s not fair.”

Reich and the neighbors argue the sidewalk repair should be paid for by the RTA. And it would be convenient, since an RTA project is planned in the neighborhood this summer on nearby Wycliffe Drive.

But city engineers insist the homeowners are liable. The City Planning Commission will be asked to rule at its June meeting.

“Either the fence needs to be moved or the sidewalk widened to meet city standards,” said Robin Kidder, city roadway engineer. “The sidewalk is too narrow. And the fence is in the city right of way. It’s kind of a perfect storm of problems.”

Kidder said it doesn’t matter that the homeowners inherited the problem. It’s their responsibility to fix, not the city taxpayers.

He said RTA funds are designated to repair sidewalks damaged by natural forces — snow, ice, wear and tear, not sidewalks made hazardous by human error.

“This is not a maintenance issue,” he said. “It’s an encroachment issue. It would be an inappropriate use of RTA funds, until the RTA board or the City Council tell us differently.”

Bondurant, who unwittingly instigated the snit, is adamant his neighbors should not be punished.

“The homeowners shouldn’t be responsible for this,” he said. “The city should repair it.”

Tell me about your neighborhood: 636-0193 or bvogrin@gazette.com