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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 about accessory living quarters (ALQ) versus accessory dwelling units (ADU), permitted uses for rooms within a primary residence, and how the county’s land-use code applies in practice. Several neighbors submitted opposition letters citing concerns about traffic, noise, guest behavior and compatibility with nearby Forest Lakes properties; others testified in favor, saying the proposal aligned with the county master plan and would provide visitor housing.
Applicant Jason Schott acknowledged the code violation and said he immediately stopped renting the structure once staff notified him. “I fully acknowledge that I am in the wrong regarding how we got to this point,” Schott told the board. He described the structure’s use for family and church gatherings and said guests have been respectful; he said he will pursue required building and public-health approvals if the variance is granted.
Planning staff and the applicant presented that the existing septic has capacity for an additional unit pending state permitting and that Tri-Lakes Fire Protection reviewed the application with no objection. County engineering said the increase in traffic would be negligible and Spatz Road is a county-maintained unpaved road; a traffic impact study was not required.
Commissioners’ debate focused on private property rights, precedent and safety/compliance. Commissioner Wysong voted no; Commissioners Nelson, Applegate, Williams and the Chair voted aye.
Action details - Variance of use (VA25002) to allow an ADU at 2865 Spatz Road — approved 4-1. Roll call: Commissioner Wysong: no; Commissioner Nelson: aye; Commissioner Applegate: aye; Vice Chair Williams: aye; Chair: aye. The owner must obtain required building permits and any necessary health department approvals for septic and occupancy.
The board’s approval lets the owner pursue standard permitting and health-department sign-offs to legalize the dwelling space. Staff said the owner will need to update building permits to reflect residential use and obtain any necessary septic upgrades or approvals before full occupancy as an ADU.
