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Zoning question persists in condominium debate

The condo loophole is closed, but, for some, the potential for a condo next door remains.

Several concerned neighbors questioned city planners Tuesday about the small areas zoned multifamily in historic neighborhoods that are otherwise single-family areas.

A moratorium was passed in July to prevent condos from being built in single-family neighborhoods, and the moratorium will remain until November, when the Land Use and Development Code can be amended.

But in multifamily-zoned pockets, it is still possible to build a new condo or a detached condo. Two single-family homes can be built on small lots, and they can be classified as condominiums if they are maintained under a homeowners association, said Nicol Killian, planning manager. This definition is set by state law.

Some neighbors argued the city wasn’t clear that these pockets of multifamily zoned areas would be maintained in the new land-use code, and if they had known about that, they would have been more active in trying to revise regulations.

“We had no idea these pockets existed, and we continued to live in one,” said Barbara Garlick, who lives on the 2100 block of West Second Avenue.

If the neighbors would like to change the zoning, they will have to organize and request a rezoning, said Greg Hoch, director of community development.

They will be unlikely to get support from those people who already own multifamily buildings, but it would be possible for the neighborhood to be even more of a checkerboard zone, if that’s what the neighborhood desires, he said.

“It’s a challenging process, but it’s not impossible,” Hoch said.

After the public meeting, city councilors restated their intention to update the land-use code regulations regarding condos in single-family neighborhoods. The code passed in 2014, but it did not address condos because of an oversight by staff.

As part of the update, city planners want to approve condos up front, rather than waiting until the structure has been partially constructed.

This will “provide some surety for the developers and the neighbors in the future,” Killian said.

The new code also made it restrictive to build any townhomes on multifamily-zoned lots because they require lots.

The councilors said they wished to make it less onerous to build townhomes to encourage more affordable housing. But they asked planning staff members to wait to address this issue until after the condo corrections are finished.

mshinn@durangoherald.com

Aug 25, 2015
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