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Board grants variance allowing additional dwelling unit at Spatz Road property after applicant halted use
Summary
The board approved a variance allowing a second dwelling unit (ADU) on a 5.15-acre property at 2865 Spatz Road, 4-1, after the owner stopped short-term rental activity when notified of noncompliance and pledged to obtain required permits and septic approvals.
The El Paso County Board of County Commissioners voted 4-1 on Sept. 11 to grant a variance of use allowing an accessory dwelling unit (ADU) on a 5.15-acre parcel at 2865 Spatz Road (VA25002), where a detached structure built as a garage was being rented online.
Lacey Dean, associate planner, said the owner obtained a building permit for a detached garage in 2022 but county code enforcement later received complaints showing the interior resembled a residence. The ADU use is allowed in the A-35 zoning district but not by right in the property’s RR-5 zoning, so the applicants sought a variance to legalize the second dwelling.
Why it matters: The case raised code-interpretation questions…
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