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