Englewood board grants documentation waiver so owner can seek short-term rental license at 4450 S. Fox St.

The Englewood City Board of Adjustment and Appeals voted to grant a waiver of primary-residency documentation for a short-term rental (STR) application at 4450 South Fox Street, allowing applicant Mason Fox to proceed with licensing even though his previously filed IRS Form 1040 still lists his former address.

Community Development planner Eric Sampson told the board that the applicant provided all required STR documentation except the 1040. "Community Development recommends approval of this waiver, with the caveat that when the time comes for the applicant to reapply for his short-term rental license, which are renewed annually, you will need to provide the most current 1040 tax return," Sampson said. Staff warned that failure to provide an updated 1040 at renewal could lead to denial of the STR application.

Applicant Mason Fox said he purchased the house in August and could not retroactively change a 1040 that had already been filed. "I bought the property in August and we are just trying to get a short-term rental license so we can rent the property out," Fox said, explaining the timing conflict around tax filings.

A supporter, Laurie Fox, described experience operating an STR and told the board such rentals can be better maintained than long-term leases and provide needed income. "I have a short-term rental in Littleton, and I just find that we take care of the property because we're in it so much," she said.

During discussion board members noted the city had approved similar waivers in the past and emphasized that the question before them was whether the applicant met the code’s documentation exceptions, not a policy debate over STRs more broadly. After motions and discussion, the board voted to approve the documentation waiver under Englewood Municipal Code 5-31-3(A)(2)(D). Chair Taylor announced the motion passed.

The waiver approval is conditioned on submission of an updated 1040 at the time of the next license renewal. The board’s decision can be appealed to a court of record within 30 days, and any approved variance or waiver becomes effective at the end of the appeal period; building permits tied to an approved variance are not issued until the appeal period expires.