Longtime Broomfield business, Executive Tans, to close because of building structure problems [Broomfield Enterprise, Colo.]

Sept. 29--A longtime Broomfield business in closing because of damage to its building.

Executive Tans, 6450 W. 120th Ave., will close Oct. 19.

Owner Judy Bailey said the building's structural problems have made it impossible to run her business. Those problems started in 2005, when she discovered the sewer line under her building had never been connected to the main sewer system.

Bailey thinks the blame should lie with the city for issuing a certificate of occupancy without checking the sewer line and wants Broomfield to fix the damage to her building.

Yet the city said the building's problems were not caused by the sewer line at all, but by expansive soil problems that are common to the shopping center where Executive Tans was built. City officials said the methods used to construct the building didn't fully take into account the soil shifts, meaning the city shouldn't be held responsible for the damage because of it.

"I'm so disappointed," Bailey said. "What's a longtime business worth in Broomfield?"

Bailey said she has been losing sleep over how to help her nine employees find new jobs and how she will compensate her customers, many of whom have tanning packages she cannot reimburse.

"I just want my customers to know we're there for them until the last day," she said.

Bailey has owned Executive Tans since 1996 and said the business is her passion.

The business moved into its existing building in 2004, but a plumbing problem in 2005 revealed the sewer line under the building had never been connected to the sewer system, even though the building had been inspected and Broomfield issued a certificate of occupancy.

Bailey said she called the city, who sent workers out to connect the line without charging her.

Now, eight years later, she said the leaks caused by that sewer disconnection have caused her floors to buckle and walls in the tanning booths to crack.

Kevin Standbridge, assistant city and county manager, said the city doesn't want to see the business close.

Yet, he said the problems associated with the building are not because of the sewer problem from eight years ago.

"It's really unfortunate that this has happened to Judy, but we don't think the problem is attributable to the city," he said.

Standbridge referenced a letter from Broomfield's insurance company, CIRSA, which said the makeup of the clay soil under the building and other buildings in the shopping center can cause floors to "heave" or buckle when the soil expands and contracts because of moisture.

The building's concrete slab floor should have been built in a way that helps reduce the impact of the soil expansion on the building, the insurance company report stated. A separate geotechnical report stated even the right building procedures can't guarantee protection from building damage.

As Executive Tans' closing date draws nearer, Bailey said she will look for a lawyer and plans to pursue legal action against the city.

"I've invested everything in this business, and when I'm in, I'm all in," she said.

Contact Enterprise Staff Writer Megan Quinn at 303-410-2649 or quinnm@broomfieldenterprise.com

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