[{"_1":2,"_99":-5,"_100":-5},"loaderData",{"_3":4,"_26":27},"root",{"_5":6,"_17":10,"_18":19,"_20":21,"_22":10,"_23":-5,"_24":-5,"_25":10},"user",{"_7":8,"_9":10,"_11":10,"_12":-5,"_13":-5,"_14":15,"_16":-5},"roles",[],"isAuthenticated",false,"isPremium","planName","subscriptionStatus","featureFlags",{},"insightsBudget","isDevelopmentHost","userPreferences",{},"recaptchaSiteKey","6LcvOJcUAAAAAHsB-gPGfGktcRlKpH7OTIU_dMTD","isImpersonating","impersonation","affiliateStatus","isFreedomPortal","routes/v2/article/layout",{"_28":29,"_30":31},"notFound",true,"relatedArticles",[32,75,87],{"_33":34,"_35":36,"_37":38,"_39":40,"_41":42,"_43":44,"_45":46,"_47":48,"_49":50,"_51":52,"_53":54,"_55":56,"_57":58,"_59":60,"_61":62,"_63":64,"_65":66,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},"mediaId",6696693,"mediaKeyId","5547835-0d963a71e70946176c3fbcc07d42a6a4","parentId",5547835,"title","Planning Commission recommends denial of variance to legalize an additional dwelling at 2865 Spats Road","audioSeconds",3652,"startMs",3728000,"endMs",7380000,"viewUrl","/Search/View?dp=1&key=5547835-0d963a71e70946176c3fbcc07d42a6a4&start=3728&end=7380","thumbnailUrl","https://assets.pipeline.soar.com/5547835-0d963a71e70946176c3fbcc07d42a6a4/thumbnail_3728000.jpg","articleUrl","/articles/6696693/El-Paso-County/Colorado/Planning-Commission-recommends-denial-of-variance-to-legalize-an-additional-dwelling-at-2865-Spats-Road","mediaUrl","https://secure.pipeline.soar.com/6696693-6a4e9aaba9ad01077e800025a633edee/orig.mp4?Expires=1770423155&Signature=mFNLqF0Hvd46~7vHhbQdWDKkRPaPeQpvmWfS0p9mnJBz2BS1holEjQ-46hOb-PRjXLrRbMnbL2ZyBHS8maLRsJstE0SyAvpmnOJSULBuvEDRBrvsZ0ji3PinYL-tl2nDgaZghOLjGT5xBky0dCon-SXQ5rTg09~z5BUTs9SpV24StiQ8kzC11aHdSUGsN7ZcnXxwR8XdFy207Qbx-EY61X1TQP7ep0aOARrhM~esLVTGUML5GKeepkzsEwxTa58vCMTAFDQE3~ppQtHawnaQbKlwM8WvDZlfXtTFPZ0w2lg~801u05mxRiUX5eWEV6wBdUfYe4ZLxmO~syjdTDvHQQ__&Key-Pair-Id=KUT5TJCACFTXG","author","El Paso County","date","2025-08-07T17:09:08.857Z","article","The El Paso County Planning Commission on Aug. 7 recommended denial of a variance of use that would allow an additional dwelling unit on a 5.15‑acre RR‑5 parcel at 2865 Spats Road.

The applicants, Jason and Emily Schott, sought a variance of use after a 2019 principal residence was built and a 2022 permit was issued for a 1,920‑square‑foot detached garage that staff said was described at permit time as unheated storage. According to code‑enforcement records referenced by staff, an online advertisement and other evidence indicated an upper floor of the detached structure had been converted to habitable space and that the unit was being rented. Staff (Lacey Dean, Planning and Community Development) noted that under the Land Development Code an “accessory living quarters” granted administrative relief is limited in size and that the space as built and used exceeds that limit; the additional floor therefore would be an “additional dwelling,” which is not an allowed use in RR‑5 without a variance.

Applicant representatives from Vertex Consulting and the property owner, Jason Schott, told commissioners they sought to legalize the space and said the owner has ceased renting the unit while the request is processed. Schott told the commission, “I failed to be in compliance, and I want to make that right now.” Vertex noted the Tri‑Lakes key area in the master plan promotes a mix of housing options and pointed to county precedent where similar variance requests have been granted in prior years.

Staff and engineering reviewers said the site does not intersect a regulatory floodplain and that drainage and transportation impacts were expected to be negligible; Tri‑Lakes Fire had no objection in the referral. Staff also reported the owner would need to re‑permit the well to serve two dwelling units and that the existing septic system lacks adequate capacity for a second permanently occupied unit without upgrades. The applicant’s team said a secondary septic system and well re‑permit are feasible if the variance were approved.

Public opposition included written letters and testimony by nearby residents. Neighbor Michael Buttonweiser, who lives one lot to the northeast, said he had observed short‑term rentals and large gatherings at the property, raised concerns about traffic and noise on Spats Road, and questioned the appropriateness of legalizing a rented unit in a rural zoning district.

In discussion commissioners focused on whether the applicants had demonstrated a peculiar and exceptional practical difficulty or undue hardship as required by the code. Several commissioners said the conversion and rental activity produced a self‑created condition and expressed concern that approving a variance after the fact could encourage rule‑breaking. Commissioner Trowbridge moved to recommend denial; Commissioner Whitney seconded. The roll call resulted in votes in favor of denial from Mraize, Fuller, Trowbridge, Whitney and Byers; Commissioners Jack and Chair Jay Carlson voted no. The motion to recommend denial passed 5–2 and will be forwarded to the Board of County Commissioners for consideration.

Because the variance was only for use, not for infrastructure, Staff advised that if the BOCC or applicant later allow the use, the owner must obtain required septic and well permitting and meet any building‑code or public‑health requirements prior to re‑establishing rental occupancy.","mediaType","Video","parentTitle","Planning Commission Hearing 8-7-2025","oneSentenceSummary","The El Paso County Planning Commission on Aug. 7 voted 5–2 to recommend denial of a variance of use to legalize an additional dwelling unit in a converted garage at 2865 Spats Road, citing self‑created hardship and concerns about precedents for after‑the‑fact approvals.","taxTitle","El Paso County, Colorado","taxId",5790,"location","headline","","shortSummary",{"_33":76,"_35":36,"_37":38,"_39":77,"_41":78,"_43":79,"_45":80,"_47":81,"_49":82,"_51":83,"_53":84,"_55":56,"_57":58,"_59":85,"_61":62,"_63":64,"_65":86,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6696698,"Planning Commission rejects proposal to rezone 39 acres at Big Springs Road, citing spot‑zoning concerns",1293,1904000,3197000,"/Search/View?dp=1&key=5547835-0d963a71e70946176c3fbcc07d42a6a4&start=1904&end=3197","https://assets.pipeline.soar.com/5547835-0d963a71e70946176c3fbcc07d42a6a4/thumbnail_1904000.jpg","/articles/6696698/El-Paso-County/Colorado/Planning-Commission-rejects-proposal-to-rezone-39-acres-at-Big-Springs-Road-citing-spotzoning-concerns","https://secure.pipeline.soar.com/6696698-f28b7ede4dff81c41cbe318ee543de7a/orig.mp4?Expires=1770423155&Signature=Z99jz65w-6GVJaOzyfYu3TsxjGlJZqE-kcAKPh0DSI5MrAEljBFeYRLYV6dEpks~n4bx~IvGqv9Ur4sR4Nb~xlYYuyoQxZdy6HpVYZs1xCAYYTqEqBtPO~hs9D23PKzuh63lb7IEpG8v2fVdNOnTx8qlY-rYAffCYc3UGteBrsoxnMmk81li~MGqDD6Y-VHUH6GohRFnq67ZL7cCRBE8dzpXHwf4CL5AmKTZ7l~kyjBnBN5macqYouc5p29iUtd3nQy27FyQwkhrT9T50FfUdNdtzohpKZ5e8k-GZs0Wtc~ziUTHlK72G6cssbJv62vaX9tfHoMkzDy8QkK8~wjwFQ__&Key-Pair-Id=KUT5TJCACFTXG","The El Paso County Planning Commission on Aug. 7 voted 5–2 not to recommend approval of a rezoning request that would change a 39.2‑acre property off Big Springs Road from A‑35 agricultural to RR‑5 residential rural zoning.

Staff presented the application (P‑256), submitted by ANL Investments, and noted that notices were mailed to seven surrounding property owners on July 7, 2025; staff also recorded a corrected notice and a corrected public‑hearing poster that was posted Aug. 1. The applicant’s representative said the intend to subdivide into about seven lots of roughly 5 to 5.5 acres at the future final plat stage and that any interior access would be via a privately owned and maintained road built to county standards.

Commission debate focused on whether the proposed rezoning is contiguous and compatible with surrounding patterns of development. Several commissioners said the site is surrounded predominantly by A‑35 zoning and is not contiguous with existing RR‑5 development, making the proposal appear as leapfrog or spot zoning rather than an extension of nearby residential development. Commissioner Morais (identified in the record as raising compatibility concerns) said the master plan discourages leapfrog development and favors rezoning contiguous to existing development. Commissioner Fuller expressed similar concerns and suggested the proposal does not meet the approval criteria.

A nearby resident, James Saltwiddell, called in during the hearing and told the commission he opposed the rezoning on aesthetic and personal‑use grounds: “I like my open space, and that’s why I live where I live,” Saltwiddell said, adding that he had chosen the Yoder area specifically because parcels were A‑35.

Commissioner Trubridge moved to recommend approval with two conditions and two notations; Commissioner Whitney seconded. The motion failed on the roll call: Commissioners Mraize, Fuller, Whitney, Byers and Chair Jay Carlson voted no; Commissioners Trowbridge (Trubridge) and Jack voted yes. The item therefore did not carry and will not be forwarded with a positive recommendation to the Board of County Commissioners.

Staff noted the BOCC hearing date initially given in some materials had been corrected to Sept. 11, 2025. Because the commission did not recommend approval, the applicant may still pursue BOCC action directly or revise the proposal and return to planning staff for another review.","The commission voted 5–2 Aug. 7 to deny recommending a rezoning of 39.2 acres from A‑35 to RR‑5 for the Big Springs Estates proposal, with several commissioners and at least one nearby resident arguing the proposal is an isolated ‘leapfrog’ change inconsistent with the master plan.",{"_33":88,"_35":36,"_37":38,"_39":89,"_41":90,"_43":91,"_45":92,"_47":93,"_49":94,"_51":95,"_53":96,"_55":56,"_57":58,"_59":97,"_61":62,"_63":64,"_65":98,"_67":68,"_69":70,"_71":68,"_72":73,"_74":73},6696703,"Planning Commission unanimously recommends approval of H H H Ranch rezoning for 244-lot subdivision",1345,617000,1962000,"/Search/View?dp=1&key=5547835-0d963a71e70946176c3fbcc07d42a6a4&start=617&end=1962","https://assets.pipeline.soar.com/5547835-0d963a71e70946176c3fbcc07d42a6a4/thumbnail_617000.jpg","/articles/6696703/El-Paso-County/Colorado/Planning-Commission-unanimously-recommends-approval-of-H-H-H-Ranch-rezoning-for-244-lot-subdivision","https://secure.pipeline.soar.com/6696703-aae22a259ff80c2e5e83451124fd4c25/orig.mp4?Expires=1770423155&Signature=P~E6qZrpNWVl6Ya8JSHVgW~XEhcV7i1QuNr8n2ber6lLvIyFmf8EvLvH~3PB9YuMcJy9dypKot6F1QwYnZ8pghUzSXrjuwjaV57vu6hbn3KS57ca1NxdruBRwTYnwszG3jVfICvWAr146bj2jeD19fd8d2oHbAgdoYdQTAV-O2wVzhMLjN9KQkDdp1K9QAsXvzSue9~tRfSajPwfmphXE~SOjxmRfJY1vm3u0buSZILKVJ62C-RUC5HEUUuV2XJCesz56qY-ZoYUBNoePvrQ8pvGzNvrflM8NHfa7f-RZRHDq7XsuzxkF8gIF91soxSwG7VSEDpVOfd5fPmOLyjJBg__&Key-Pair-Id=KUT5TJCACFTXG","The El Paso County Planning Commission on Aug. 7 recommended approval of a map amendment to rezone two parcels totaling about 752 acres north of Jones Road from A-35 agricultural to RR-2.5 residential rural zoning.

Planning staff presented the request, P-251 (H H H Ranch), saying the change would allow 2.5-acre lots consistent with the county master plan’s “large lot residential” place type. Joseph Lehi, planner and project manager, told commissioners the rezone is generally consistent with nearby parcels that have been rezoned to RR-2.5 and that the master plan identifies the parcels within the county’s area of new development. The applicant’s preliminary planning estimate provided in a letter of intent anticipates roughly 244 residential lots to be built in multiple phases and proposes formation of a special (metro) district to provide centralized water and infrastructure.

Charlene Durham, Department of Public Works engineering reviewer, noted site access will be from Jones Road, that internal roads would be local rural roads, and that drainage reports and any road impact fees would be addressed at the preliminary plan/final plat stage. Lehi also noted that the H H H Ranch Metro District applications (numbers 1–3) and related EDARP files are in process and scheduled for concurrent review before the county’s boards.

During discussion commissioners asked about surrounding zoning and consistency with the High Plains sketch plan and neighboring subdivisions. Applicant representatives with NES and the project team described plans for an equestrian‑focused community with trails and centralized water, and indicated they would submit a preliminary plan and metro district documents for review.

Commissioner (unnamed in transcript) moved that the planning commission recommend approval of P-251 “in accordance with the attached resolution with two conditions and two notations” and forward the item to the Board of County Commissioners. The motion was seconded and carried unanimously; Chair Jay Carlson and all voting members — Mraize, Fuller, Trowbridge, Jack, Whitney and Byers — voted aye.

The commission’s recommendation now goes to the Board of County Commissioners for its hearings in September as part of the standard review process. Because the rezoning alone does not approve a final layout or infrastructure, staff and the applicant will return later with the preliminary plan, drainage reports, road improvements, and any required water rights and road impact items for further review.","The El Paso County Planning Commission voted unanimously Aug. 7 to recommend that the Board of County Commissioners approve a rezoning that would change two parcels totaling 752 acres from A-35 to RR-2.5 and allow a preliminary plan that anticipates about 244 lots and a concurrent metro district for water and infrastructure.","actionData","errors"]

Article not found

Planning Commission recommends denial of variance to legalize an additional dwelling at 2865 Spats Road

Planning Commission rejects proposal to rezone 39 acres at Big Springs Road, citing spot‑zoning concerns

Planning Commission unanimously recommends approval of H H H Ranch rezoning for 244-lot subdivision