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Bradley S. and Sheri L. Hix 15065 Sun Hills Drive
Colorado Springs, CO 80921-2102
Re: Specia l Use Review Family Housing Applicants: Bradley S. and Sheri L. Hix
Letter of Intent
1. This letter of intent is being submitted by Bradley S. and Sheri L. Hix pursuant to our Petition/Application Form for Extended Family Housing (Administrative Special Use) permit in accordance with Section 5.2.29(H) of the El Paso County Land Development Code (the " Code").
The owners/applicants are:
Bradley S. and Sheri L. Hix 15065 Sun Hills Drive
Colorado Springs, CO 80921-2102 (719) 491-1178 (Brad)
and
2. Site Address and Location: 15065 and 15065B Sun Hills Drive
Colorado Springs, CO 80921-2102
Lot Size: Zoning:
5 acres
RR-5
3. Request and Justification: We purchased our property in April 2013. At that time, the property included only the main house which was built in 1966. From the time we purchased the property. it has been our desire to renovate and improve the main house for our family. Our son and his wife, Taylor and Hannah Hix, have resided on the property along with their two daughters Avabelle and Novalie.
In October 2014, we obtained a building permit to construct a guest house on our property. The guest house was built ''green" with all non-toxic materials. It was completed and a certificate of occupancy was issued for it on September 8, 2015, a copy of which is attached hereto. Our initial intent was to use the guest house for occasional guests as weU as a place for us to stay while we perform renovations on the main house. Since 1996, Sheri has suffered from numerous medical issues including chemical sensitivities. Prior to the time we purchased the property, her symptoms were being well managed. After moving into the main house, however, her medical issues escalated and her symptoms were greatly aggravated. Although the other members of the family are not affected (and likewise most likely most other persons might not be affected), as a result of Sheri's medical issues, Sheri suffers greatly when living in the main house due to the construction materials which were used 50 years ago. Sheri's medical providers have advised her that it is important for her to reside in a safe, non-toxic environment and not to be present for extended periods during the renovation of the main house. Consequently, with her medical issues, Sheri cannot live in the main house as it is currently constructed. Therefore, in accordance with all building/remodeling requirements and permits which are required to be followed, we intend to remodel the main house over time. To date, we have had the outside of the main house painted and have installed all new windows. We have started the remodel of the basement where we will re-side. At the present time we are in the process of installing the new hydronic heating system in the house, framing and installing new structural beams and columns that were unknown until the demolition of the basement took place. Per our current schedule we should be in the main house by the end of January 2018, without any complications with weather, subcontractors, differing site conditions etc. We would ask for a variance until the end of March 2018 in case of unforeseen problems, with the expectations of being relocated to the main house in January 2018.
We have never, nor have we ever intended to nor will we ever in the future, lease or rent out the guest house. We are aware of the restrictions in Section 5.2.29 of the Code regarding use of the guest house and we have and will continue to comply with those provisions. In connection with our submission, the Extended Family Housing Compliance Affidavit has been executed and is included in the submission packet under Tab 12.
Our application is being made in accordance with Section 5.2.29(H) of the Code to request a permit "to provide for temporary living arrangements to house immediate family members whom are elderly, disabled, or exhibit a family need, or whom are immediate family providing for the needs of the primary residence on the property. The approval of the permit shall be based upon a finding that . . . [t]here is a legitimate family hardship or need that justifies the request for extended family housing. . . ." We believe that Sheri's medical condition justifies this request. Additionally, please note that by living on the same property with us, our son and daughter-in law provide help and support to Sheri given her medical issues.
We are not aware of any legal prohibition that would prohibit us (Brad and Sheri) along with our son, daughter-in-law and granddaughter’s from all residing in the main house (as we did for 2½ years prior to completing construction of the guest house). Obtaining a permit to allow us (Brad and Sheri) to reside in the guest house, while our son, daughter-in-law and granddaughter’s are residing in the main house and while we renovate the main house over time in order to make it a safe living environment for Sheri, does not create any additional vehicles on our property or which access our property and we do not believe it should adversely affect our neighborhood or our adjacent neighbors.
4. Existing and proposed structures: The subject property currently includes a main house built in 1966, a guest house which was completed in September 2015, and two sheds.
We intend to improve the main house on the property (as explained in Item No. 3 above), all of which will be done in accordance with El Paso County building/remodeling requirements.
5. Guest House: As stated above, the guest house was completed and a certificate of occupancy was issued by Pikes Peak Regional Building Department on September 8, 2015 (see copy of which is attached hereto). In accordance with the provisions of Section 5.2.29 of the Code:
(A) One guest house has been constructed on the property. Section 5.2.29(A)
(B) The guest house is an accessory structure on the property. Section 5.2.29(B)
(C) The guest house has a kitchen and an executed Guest House Compliance Affidavit dated October 11, 2014, was recorded in the records of the Clerk and Recorder of El Paso County, Colorado, on October 15, 2014, at Reception No. 214094234 (a copy of which is attached hereto). Section 5.2.29(C)
(D) The guest house is 1,248 square feet, excluding the garage (see Assessor's Schedule information attached hereto and site plan included as Tab 4 of the submission). Section 5.2.29(D)
(E) As a result of the requirements of Pikes Peak Regional Building Department and the utility providers, we were required to put in separate lines and meters for the utilities, as well as pay a separate $6,000 water tap fee and a separate $6,000 sewer tap fee for the guest house construction. Because of the age of the main house (built in 1966), Academy Water Sanitation determined that the water lines feeding the main house would not support the guest house and required separate lines. Additionally, Academy Water Sanitation required separate billings for the main house and the guest house, including a minimum $80 per month charge for water service for each structure (a fee which we would of course preferred to avoid). Because of building code requirements, Pikes Peak Regional Building Department required a separate sewer line for the guest house. Also, given the distance between the main house and the guest house (approximately 200 feet) and locations of the existing gas and electric lines, those providers required meters and connections separate from the main house because they required connection at the closest points. See Affidavit of Bradley S. Hix attached hereto. Section 5.2.29(E)
(F) As stated herein and confirmed under oath in the Extended Family Housing Compliance Affidavit (see Tab 12), as well as stated in the letters to our adjacent neighbors, except as otherwise approved by this special use application for our extended family need and use, we will not lease or rent the guest house at any time to paying guests or visitors or allow any occasional occupant to receive mail, enroll in a K-12 school or establish a permanent residency at the guest house. Additionally, no commercial
activity or business is being, or will be, operated out of the guest house. Section S.2.29(F)
6. Additional Information Regarding Special Use Review Standards: In accordance with the review standards set forth in Section 5.3.2(B) of the Code, the requested special use is allowed within the RR5 zoning applicable to the property and the following additional information is provided for your consideration:
The Special Use is Consistent with the MasterPlan
The subject property is included within the 2000 Tri-Lakes Comprehenisve Plan, adopted October 19, 1999 (the "Tri-Lakes Plan"). The property is included within Smith Creek, Sub Area 11. The Tri-Lakes Plan recognizes that:
The Tri-Lakes Area will offer many different lifestyle opportunities by providing a variety of land use choices. Development activity will continue to be robust because the area's unique, varied and awe-inspiring landscapes will continue to attract new residents. The area's development choices, relatively low density, location between two major metropolitan areas, good schools, natural diversity, and favorable climate will all contribute to the perception that this is a place where people can go to live, the good life.
Tri-Lakes Plan, Chapter IV, Section 7.0, Growth and Land Use, Vision Statement
The Tri-Lakes Plan recognizes that there are a range of different types of communities within the master plan area including rural residential properties as well as medium and higher density communities - such as certain of the neighbors which are adjacent to the subject property. Tri-Lakes Plan at p. 66.
Goal 7.1.4 of the Tri-Lakes Master Plan is "[t]o discourage development which is inconsistent with established zoning and/or long-term vision as stated in this Plan." Tri-Lakes Plan at p. 70. This application does not seek a zoning change and is not inconsistent with the established zoning in the area or the long-term vision stated in the plan.
One of the land use criteria expressed in the Tri-Lakes Plan for Smith Creek is that "[d]evelopment should not detract from the natural forests, rolling hills, and open character of the area." As shown by the photos of the subject property (see Tab 4) which show the main house and the guest house, you will see that in constructing the guest house, the natural landscaping and trees of the area were maintained, and we are in the process of planting additional trees along the property line which will further enhance the beauty of the area.
Zoning and Neighborhood
The subject property is zoned RR-5, and the requested special use is consistent with the intent and purposes of the applicable zoning for the property and conforms to the approved
development plan. It is important to note that while the subject property is zoned RR-5 and adjacent properties to the north, east, south and southwest are also zoned RR-5, the properties across the street to the west are zoned RS-5000 or RS-20000, " Residential Suburban." Addition of the guest house to the subject 5 acre parcel is certainly consistent with the harmony and character of the neighborhood, and it is compatible with the existing and allowable land uses in the surrounding area.
Use of Land
The subject property is served by Academy Water & Sanitation District (see letter of support under Tab 10 of the submission package) and does not have a well or septic system. Consequently, use of the guest house for extended family housing will not result in an over intensive use of land.
Public Facilities and Services
The main house and the guest house are currently being served by the following providers:
Black Hills Energy - gas
Mountain View Electric Association, lnc. - electricity
Wescott Fire Protection Services --fire protection Academy Water Sanitation District - water and sewer
The use of the guest house for extended family housing does not overburden or exceed the capacity of the service providers and letters acknowledging the services provided and that such service does not overburden or exceed the required capacity are included in this submission package.
Traffic Congestion
As stated above, prior to completion of the guest house, we (Brad and Sheri Hix) and our son and daughter-in-law, Taylor and Hannah Hix, were all residing in the main house (as we did for 2½ years prior to completing construction of the guest house). Therefore, obtaining approval of the Extended Family Housing use for the guest house would not create any additional vehicles on our property or which access our property. Additionally, our property already has two approved points of ingress and egress which were not changed as a result of construction of the guest house.
Air, Water, Light, Noise Pollution
As stated above, use of the guest house for Extended Family Housing is not adding any additional people or vehicles to the subject property and does not cause additional air, water, light or noise pollution.
Public HeaIt h, Safely and Welfare
The special use will not be otherwise detrimental in any way to the public, health, safety and welfare of the present or future residents of El Paso County. The use is an allowed use under the Code and will terminate within 3 months after the need no longer exists in accordance with the signed Extended Family Housing Compliance Affidavit (see Tab 12) and Section S.2.29(H) of the Code.
Conforming Use
The special use requested herein conforms (or on approval of this request will conform) to all applicable County rules, regulations and ordinances.
Based on the foregoing and the additional materials submitted herewith, we request your approval of our request for an administrative special use for Extended Family Housing (Administrative Special Use) in accordance with Section 5.2.29(H) of to the Code to allow us to reside in the guest house while this family need continues.
Thank you for your consideration.