Planning Commission approves retroactive variance for 15‑foot shotcrete slope at 1210 Eagle Rock Road

The Colorado Springs Planning Commission on Oct. 8 approved a nonuse variance to allow an existing shotcrete slope/retaining structure up to 15 feet at 1210 Eagle Rock Road, finding that extraordinary physical conditions and other nonuse‑variance criteria were met.

Planner Drew Fox summarized the request as an application to legalize an existing shotcrete structure installed in February 2003 that reaches roughly 15 feet in height on portions of the property, where the hillside overlay limits retaining walls to 4 feet or two tiers separated by 4–6 feet. Fox said a geohazard report was submitted and approved by city engineering and that Emtek (sometimes rendered in the record as EnTech) provided engineering comments recommending diversion of stormwater and maintaining positive drainage.

Applicant consultant Dave Hostetler said the original, approved 1999 hillside plan showed two 4‑foot walls further upslope; during construction contractors encountered sandstone and were unable to build the planned tiered walls, so the shotcrete stabilizing cover was installed in 2003, both to preserve the preservation area upslope and to control erosion. Civil engineer Dave Gorman and geotechnical engineer Logan Langford testified that the shotcrete is tied into the sandstone with mesh and rebar and that the slope and drainage are currently functioning without long‑standing ponding, based on inspections and the submitted reports.

Adjacent owner John Fernandez spoke in opposition and read from the 1999 Riley subdivision plan, stressing the hillside overlay requirement that called for either tiered 4‑foot walls or a single wall not exceeding 4 feet; Fernandez argued the applicant had not shown the code‑compliant solution to be infeasible and raised drainage, ponding and long‑term foundation concerns. Fernandez also referenced a separate nonuse variance denial for the neighboring lot in November 2024 as evidence that code‑compliant design was achievable.

Staff found the application met the nonuse variance criteria overall but noted the wall conflicts with the strict hillside height limit; staff recommended conditions including processing an amendment to the applicable hillside overlay development plan and obtaining a building permit with Pikes Peak Regional Building Department. Commissioners discussed whether to require the building permit as a condition given the wall’s age and the applicant’s statement that regional building staff had indicated permitting a 20‑year‑old unpermitted structure posed challenges.

After discussion commissioners amended staff’s recommended motion to require processing an amendment to the Riley subdivision hillside overlay development plan (City file ARDDP98‑727), but to not make issuance of a building permit a prerequisite for that amendment. The commission then voted unanimously to approve the nonuse variance under City code section 7.5.526(e) with that modified condition. Appeal instructions were read; affected parties have 10 days to file an appeal (deadline 2025‑10‑20).

Why it matters: The decision retroactively authorizes a 20‑plus‑year‑old slope stabilization measure that exceeds the hillside overlay’s standard maximum height. Commissioners said the sandstone conditions and site constraints made the original plan’s tiered walls impractical after construction began; opponents said drainage management and code consistency remain concerns.

Next steps: The property owner must process an amendment to the applicable hillside overlay development plan to record the existing condition. The owner may pursue building‑permit review with Pikes Peak Regional Building Department; staff noted the permit process would treat the structure as a new application if the owner seeks permitting.