What is a dwelling?

Commerce City Council requested a review of Building Safety's investigation of a suspected garage conversion on 66th Way as well as a review of the overall regulations pertaining to garage conversions in residential neighborhoods.

Commerce City Building Safety staff did investigate a garage located on 66th Way but found that no illegal construction had occurred. The garage is being used for typical garage purposes, including lawn equipment, tools and vehicles. The garage also contains a television and a chair, and the overhead door was replaced by a man door. No other improvements have been made.

Garages may be converted to living space, such as adding heat, electricity and insulation. However, garages may not be converted to a dwelling unit. A dwelling unit contains separate eating, sleeping and cooking facilities from the main dwelling. Power Point CLICK HERE

Does Commerce City Council desire to make any changes to the city's garage regulations?

BACKGROUND
Commerce City Council may have heard complaints recently about persons living in a detached garage converted to a dwelling on East 66th Way Both Neighborhood Services and the Building Safety Divisions have visited the property on more than one occasion, made contact with the owner and inspected the garage for violations.

Inspection revealed:
• The structure is being used for legal accessory uses
• It does not contain provisions for living, sleeping, cooking, eating or sanitation
• It is not being used by the owner or others (rental) for living purposes
• The garage does not contain a bathroom, kitchen, bedroom or other facilities that would designate it as a dwelling or dwelling unit
• Additionally, there were no signs of un-permitted work or other occupancy violations under the City’s zoning regulations and residential building code
• As a result, no further contact was made with the owner and the case was closed
• In order for Community Development to issue a permit to construct an accessory dwelling, the property zoning must first allow for its use
• Previous City Councils were interested in excluding accessory dwellings sometimes known as guest houses and mother in law apartments in residential zoned districts
• It has been long-standing city code (since at least 1987) in earlier zoning ordinances and carried over to the new LDC to prohibit accessory dwellings in the R-1, R-2, R-3 and R-4 Residential Districts
What is a dwelling?
• The LDC and residential building code include similar definitions of “dwelling” and “dwelling unit”
• The LDC defines dwelling unit as a “complete housekeeping unit”
• The residential building code defines dwelling unit to include “…permanent provisions for living, sleeping, eating, cooking and sanitation.”
• Housekeeping unit and dwelling unit are essentially the same under the LDC and residential building code
What does this mean?
• If it has a kitchen sink, an oven or stove, a bedroom and a bathroom (permanent provisions for living, eating, sleeping, cooking and sanitation) it is a dwelling…
• …and a permit cannot be issued
What are the allowed uses for an accessory building in a residential district?
Uses by the family that owns and/or occupies the primary dwelling
• workshop
• private office
• storage shed
• green house
• private garage
• sunroom
• child’s playhouse
• rec. room
• other residential accessory uses
The Building Safety Division investigates approximately 3 to 4 complaints involving secondary/accessory dwellings per year
• Of those investigated, all have been determined to be in violation of either the LDC or residential building code or both and therefore were ordered to be removed…
Summary:
• If the property zoning does not allow accessory dwellings at the time they were constructed/created and there is no record of a building permit issued for their construction/creation…