RE: ADM-18-001 Administrative Determination-Continued Use Letter

January 16, 2018

8040 W Highway 24, Cascade, CO

Schedule No. 8326206019

Brian and Jenny Moody

Cougar Holdings LLC

1730 Alamosa Dr

Colorado Springs, CO 80920

To Whom It May Concern:

A request has been made to the El Paso County Development Services Department for a determination of non-conforming status and eligibility for continued use of the property located at 8040 West Highway 24, Cascade, Colorado as a duplex. Authorization of use is contingent upon a parcels’ compliance with both the subdivision and zoning regulations of the El Paso County Land Development Code.

Compliance with Subdivision Regulations

The parcel was created November 22, 1965; prior to adoption of the subdivision regulations by the El Paso County Board of County Commissioners on July 17, 1972. The parcel was also created prior to the April 29, 1966 establishment of zoning in this portion of El Paso County. The parcel, thus, meets the definition of legal lot as contained in the El Paso County Land Development Code, which defines a legal lot as a lot, parcel, or tract of land created by a legal conveyance; shown on an approved subdivision plan or legally prepared survey; created by approval of the County Commissioners in conformance with any subdivision regulations in effect at the time of approval; by contract for deed or by deed, each being dated prior to July 19, 1972.

Compliance with Zoning Regulations

The parcel was zoned to C-2 (Commercial) district on April 29, 1966. According to the Assessor’s records, the structure was constructed in 1900. Duplexes, threeplexes, fourplexes, multiple dwellings, hotels, boarding and/or rooming houses were an allowed use in the C-2 (Commercial) district in 1966. The Code was amended May 9, 1974 and removed duplexes, threeplexes, fourplexes, multiple dwellings, hotels, boarding and/or rooming house as an allowed use. Special conditions were (1) if the existing commercial development under this district do not meet the minimum standards of this district, such developments are exempt from meeting these standards. If such developments are destroyed by fire or otherwise anytime in the future, the structure will be permitted only if the whole structure meets the standards of this district.

Under the current Code;

Section 5.6.2 (A) Continuation of Use states: A nonconforming use may be continued and a nonconforming building may continue to be occupied, except as otherwise provided in this Section. A preexisting, nonconforming use which would require the approval of a special use shall be presumed to have the required special use permit.

Section 5.6.2 (C) Interruption of Nonconforming Use states: If a nonconforming use is abandoned for a period of one year, the structure and land where the nonconforming use previously existed shall be occupied and used only by a conforming use. Intent to resume active operation of the nonconforming use shall not affect the foregoing. The burden of proof that a nonconforming use has been continuously maintained rests with the property owner or operator of the use. The evidence that an operation has been continuous shall be clear and conclusive. Any nonconforming use may be deemed abandoned after a period of less than one year if the property owner expressly states intent to abandon the use, or engages in action which unambiguously expresses intent to abandon.

Section 5.6.3 (A) Damage to the Structure states: A nonconforming structure damaged or partially destroyed by fire, explosion or natural occurrence may be restored to the condition in which it was immediately prior to the occurrence of the damage or destruction provided:

The value of the damage is less than 50% of the County Assessor’s assessed value of the improvements damaged;
The restoration or reconstruction does not extend beyond the original limits of the structure in setback, lot coverage, height, floor area, and number of bedrooms or bathrooms; and
All restoration or reconstruction is started within one year from date of the damage and is completed within two years.

Applicant provided sufficient evidence of proof for a continuation of use in the form of water consumption and resident signatures upon property foreclosing.

Discussion and Conclusion

In short, the use as a duplex at 8040 W Highway 24, Cascade, CO is classified as a legal use due to its creation prior to zoning regulations. In the event of not meeting Section 5.6.2 or Section 5.6.3 listed above, a Variance of Use and a Site Development plan would be required to continue the use as a duplex, or the property can have any allowed use within the CC zoning district.

Please contact me with any questions.

Sincerely,

Gabe Sevigny

Planner 1

719-520-7943