Could the city or building officials have headed off a trio of ill-fated townhomes that will now have to be moved, modified or torn down? That’s still unclear, as is what will happen next to the nearly completed buildings.

Mayor Steve Bach said Tuesday that building inspectors should have noticed that the three structures in the Dublin Terrace Townhomes project, near Dublin and Powers boulevards, exceeded the height limit specified in the development plans.

“Certainly those (townhomes) had to be inspected along the way — why didn’t an inspector pick up why the foundations were too high? I don’t know the answer to that,” Bach said at a news conference Tuesday.

See Mayor Steve Bach’s take on the Todays Homes townhomes here.

However, Bob Croft, special projects coordinator for the Pikes Peak Regional Building Department, said building inspectors are looking for adherence to codes and safety requirements, not compliance with zoning restrictions.

“Our charge is not to enforce the zoning codes, it’s to enforce the building codes,” Croft said. “We average about 25 inspections per unit. All of those have to do with the makeup of the building itself.”

It’s the city’s Development Review Enterprise that looks at compliance with zoning, Croft said, although regional building won’t issue an occupancy permit until development review signs off on a project. Officials with the Development Review Enterprise could not be reached on Tuesday.

As the townhomes went up, beginning in November, neighbors in existing homes behind the development became concerned, since the structures were built on 7-foot-high piles of dirt and loom over the adjacent yards. Todays Homes officials said that building up the ground beneath the homes was a mistake and last month it agreed to move the structures, after initially contemplating modifying the buildings or asking for an amended development plan.

But on Friday, Todays Homes laid off all of its local staff, casting doubts on the agreement and the company’s future. An e-mail sent to many members of the local building community from Matt Ervin, Todays Homes’ director of operations, said the company has ceased operations and that its Canadian parent company, Unity Builders Group, would conduct “all future matters.” According to El Paso County assessor records, Todays Homes holds the title to 104 properties.

Bach said the City Attorney’s office was considering the city’s legal options regarding the townhomes.

“I think we have a responsibility to see that those townhomes that were built too high are removed or are modified,” Bach said.

City planner Rick O’Connor said Tuesday that city staff will meet with regional building officials later this week or early next week to see what they could do, but that their choices may be limited.

“We just need to huddle,” O’Connor said. “Then, we just have to see what they (Todays Homes) do on their end — whether they file for bankruptcy or whether they just walk away or whether they just bring in a new crew.”

Since Todays Homes has not filed for bankruptcy and the Dublin Terrace Townhomes property is not in foreclosure, it’s uncertain what actions the company will take or who will end up in control of the half-finished townhome project. Officials with Unity Builders Group did not respond to requests for comment.—Contact Andrew Wineke: 636-0275 Twitter @awinekeFacebook Andrew Wineke-Gazette

These townhomes in the Dublin Terrace Townhomes development kicked off Todays Homes local troubles when the city said the too-high homes would have to be moved or torn down. Photo by Andrew Wineke, The Gazette