County code regulates guest quarters

By JoAn Bjarko
North Forty News

Don't get any highfalutin ideas about turning that old shed into a guesthouse without first taking a look at Larimer County's land use code. There are fine lines to be drawn and commitments to be made before starting construction of places for houseguests.

Faced with consistent violations of the "guesthouse" definition in the land use code in the 1990s, the county decided to take a new tactic with regulations for "guest quarters." The goal, according to senior planner Al Kadera, was to prevent two or more housing units on residential lots zoned for one home.

"If you allow two full dwelling units on each lot, you've doubled the density and upzoned," he explained.

Not every guesthouse was a problem, he added, especially if the original builder continued to own the property. Troubles started, however, when people sold their home - and guesthouse - as income property. Buyers assumed they could rent the second house, but they couldn't.

Today's land use code prohibits guesthouses, or places separate from the existing family home. Homeowners can ask for a special exception from the board of adjustment, however, if they live in the right area.

The current land use code does allow guest quarters, however, meaning the rooms are attached to the family home. The code says, "The single-family character of the structure must be maintained by providing one main entrance to the structure, one set of utility meters and one address for the property."

Kadera said the planning department has seen some creative ideas to meet the "attached" requirement. An enclosed passageway up to 12 feet could get approval, but a breezeway will not, he explained.

"Never seeing the occupants of the guest quarters is not the intent," he said.

There are additional rules about size and parking spaces, and building permit applications are subject to impact fees. Guest quarters can have a kitchen, which makes it better for family members who want to be on their own but still have the security of relatives close by.

Dorothy Stoll, who lives in a pocket of rural lots south of Harmony Road, is the perfect example. A widow, she decided it was too difficult to care for her large property, but she didn't want to leave her home of 40 years. The solution was for her son's family to move into the main house, and she moved into new guest quarters with one bedroom, one bathroom and a kitchen.

"It's really an ideal situation," she said. She can enjoy her view, family and neighbors and has three grandsons to help with the yard work.

Living spaces on top of or adjacent to garages present another set of standards. These spaces might be used for guestrooms, studies, recreation rooms or dens. They can have a bathroom but not a kitchen.

Chief building official Tom Garton noted that the garage should have 5/8-inch Sheetrock on the ceiling and 1/2-inch Sheetrock on the walls to have a legally habitable space above it. If the living space is adjacent, building codes require a solid-core wood door or a 20-minute rated metal door for fire safety.

These requirements do not apply to shops, because they are not defined as habitable spaces, Garton said.

"If you've got a question, ask us," Kadera urged. "It's better to get the right information before you do something."