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The city of Columbia has issued a violation notice to contractors for the Brookside on College student apartment building at College Avenue and Walnut Street for working on the site after-hours without an extended work permit.

Tenants at the apartment complex recently received emails from Brookside saying the company had obtained a permit to do after-hours construction work to prepare for a second round of move-ins to the site last week, but the city said no such permit existed.

City Manager Mike Matthes said in an email sent Friday to North Central Columbia Neighborhood Association President Pat Fowler that the city would issue a violation notice to the developers for the project.

Matthes said in the email that news coverage of the after-hours construction work "was a surprise for us, and we are responding."

He also said Community Development Director Tim Teddy would be preparing a notice of violation.

The Odle family, the developers for the 273-bed student apartment building, originally planned to have Brookside on College ready for all residents by this fall.

That plan was derailed in May, though, when a portion of the building was heavily damaged by a fire for which the cause remains undetermined.

The developers were issued an after-hours work permit for the site shortly after the fire to allow crews to conduct cleanup work. However, city officials said no such permit had been issued for more recent work at the site.

The tenants whose apartments were not ready by August were provided temporary housing at Stephens College as work continued on the complex.

Craig Van Matre, the Odles' attorney, said the developers plan to have all 273 tenants moved into the apartment building on the northwest corner of College and Walnut by the end of the month. He said crews could still be completing some items as tenants move in but that the work should not interfere.

Original post:
City cites Brookside for violation

The future of a Lackawanna Avenue property that lies in Little Falls but is surrounded by Woodland Park remains uncertain now that a Passaic County Superior Court judge has invalidated a zoning ordinance for it.

Woodland Park sued Little Falls last year after its township council passed an ordinance that would have zoned the triangular property of just less than one-acre for a three-story, 18-unit apartment building. Woodland Park claimed that the ordinance zoned the property, which is wedged in between Notch Road and Route 46 on the Woodland Park side of the highway, specifically for the proposed developer, Daibes Enterprises, and against the public good.

The decision finds the ordinance invalid only because it does not specify the minimum number of affordable housing units to be included.

"While Little Falls had legitimate reason for the adoption of the ordinance, the ordinance's express language did not guarantee the construction of affordable housing units," wrote Judge Garry Rothstadt.

Mayor Keith Kazmark said that he understands Little Falls' need to satisfy their affordable housing requirement and need for ratable properties, but hopes Little Falls officials would understand the land is on Woodland Park's side of Route 46. He said they pled with the Little Falls council to not pass the ordinance.

"We were concerned about the integrity of the neighborhood as were the neighbors in that area," he said. "They are all significant lots with single family homes."

Woodland Park borough attorney Albert Buglione said his municipality is pleased with the ruling.

"The implications are very positive from the borough of Woodland Park's perspective in that the ordinance has been declared invalid in that the zoning for that area has been declared null and void that the project will not be built as constituted," he said.

Little Falls, however, could simply redraft the ordinance to include a minimum number of affordable housing units.

"We would hope that they didn't do that without first inviting Woodland Park to a joint work session meeting to attempt to map out a mutually beneficial plan for that property," he said. "If they were to summarily redraft that plan we would respectfully submit there are a number of areas where we can attack that plan."

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Plans for proposed 18-unit apartment building in Little Falls put on hold