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Planning Commission upholds staff denial of short‑term rental permit at 5539 Cody Mesa Court
Summary
The Planning Commission unanimously denied an appeal by the owner of 5539 Cody Mesa Court and affirmed staff’s administrative denial of an owner‑occupied short‑term rental permit renewal, citing insufficient evidence that the property owner occupies the house the required 185 days per year and procedural renewal deficiencies.
The City of Colorado Springs Planning Commission unanimously affirmed the administrative denial of an owner‑occupied short‑term rental permit for 5539 Cody Mesa Court on Feb. 12, effectively denying the property owner’s appeal.
City planning staffer Carly Hibbins summarized the department’s review. Hibbins told commissioners the property’s original owner‑occupied permit had been issued in February 2022. Staff said it received multiple neighborhood complaints beginning in 2023 alleging the owner did not live at the address and describing noise, parking and party activity; code enforcement inspected the property multiple times. Hibbins said the owner submitted a late renewal application and that city staff denied the permit on Jan. 10, 2025 citing the late renewal and an affidavit from the homeowners association alleging the owner did not occupy the property.
The property owner, who identified himself as Stefanos, said the house is his primary residence and that he and his wife live there part of the year and use a second home for part of the year. “This is my primary residence,” he said, adding that he and his family travel for work and family reasons. The owner’s property manager, Lloyd Hawes of Nostalgo Property Management, said his company manages about 60 properties and that their records show reservations and housekeeping processes; he said he had received few complaints and that property rules and quiet-hours notices were provided to guests.
Representatives of the Austin Heights Homeowners Association and several neighbors testified they had seen repeated late-night activity, guests trespass onto private property, parking issues in the cul‑de‑sac and police responses. HOA counsel Jonah Hunt told the commission the applicant bears the burden to show staff’s denial was in error and said the record shows the property has functioned as a short‑term rental with regular absentee occupancy: “There is no evidence that they live there for a hundred and 85 days, let alone 1 day,” Hunt said.
Commissioners asked staff about the evidentiary standard and whether the department could compel Airbnb/VRBO reservation logs (staff said those platforms do not provide host records to the city). Hibbins said the city requires two government forms of address‑verified ID as proof of residency at initial permitting; for ongoing renewal staff relies on affidavits, code enforcement visits and written complaints. Commissioners expressed sympathy for the owner’s personal circumstances but said the renewal was late and the record — including the HOA affidavit and neighborhood testimony — did not meet the standard for renewal. One commissioner noted an owner‑occupied permit can be re‑applied for as a new application.
A motion to deny the appeal and affirm the administrative denial carried 8–0. Planning staff advised the appellant of the 10‑day appeal window to City Council and that the applicant may also submit a new short‑term rental application going forward.
