The Boulder County Commissioners conditionally approved a vacation rental at 1975 Caribou Road during a public hearing on March 31, 2022. The Board approved the vacation rental for four persons for at least two days for 365 days per year.

Sam Walker with Boulder County Planning and Permitting introduced the Special Use Review to permit a vacation rental, to be rented up to 365 nights per year, with a two-night minimum stay for a maximum six guests. The application was submitted by Roxanne Di Santo

The proposal is in the Forestry zoning district at 1975 Caribou Road, about two miles west of the intersection of Caribou Road and Highway 72. It is west of Nederland, north of Coon Track Creek, and is a little over one acre.

Caribou Road goes to the property. The cabin is the largest structure on the property, with two sheds and a private road intersecting the parcel. The land includes some riparian area, and has a 2.6 view corridor rating.

The slope of the land goes down toward the creek. The parcel is bounded by U.S. Forest Service land to the west and a few conservation easements to the east.

The cabin has two stories, with two sleeping rooms and a rollaway in the living room. The master bedroom is upstairs. The parking plan shows three spaces if guests park side by side.

A private road goes up the hill. There are neighbors across Caribou Road and further up the road. They do not have enough parking for six guests, and the septic system is designed for four people.

The Boulder County Planning Commission reviewed this docket on January 19, 2022, and voted to approve with staff recommendations. Staff recommendations include sheds to be removed from the property. Sheds must be issued a building permit or removed.

The complaints Walker has received from the public are typically those raised against short-term rentals and the dangers of people getting stuck on the road and taking a wrong turn.

On December 3, 2020, the County Commissioners conditionally approved a Short-term Dwelling Rental and Bed and Breakfast Update, which removed the previous lodging use of Short- Term Dwelling Rental and replaced it with three short-term rental categories, including Vacation Rental.

In addition, the Board approved an ordinance to license Short-Term and Vacation Rentals within the unincorporated county. Under the newly adopted Code provisions, Special Review approval is required to establish a Vacation Rental on unsubdivided property within the Forestry Zoning District that is less than five acres in size.

The subject property is an approximately 1.3-acre unsubdivided building lot with an existing 1,267-square-foot residence and two unpermitted sheds. There are no physical changes to the lot proposed by the applicants to support the Vacation Rental.

As the subject property is not the primary residence of the applicant / property owner, and the applicant expects to rent the property in excess of 60 days per year, the property cannot qualify as a primary or secondary dwelling Short- Term Rental. Instead, Special Review is required for this request, as the subject property is located within the Forestry Zoning District and is less than five acres.

Staff finds that the proposed Vacation Rental can meet the Special Review criteria with the recommended conditions of approval.

This application was considered by the Boulder County Planning Commission at a public hearing on January 19, 2022. Staff and the Planning Commission recommend that the Board of County Commissioners conditionally approve the Di Santo vacation rental including the following conditions:

The vacation rental is approved to be rented for up to 365 nights per year. The facility must be rented for a minimum of two nights per rental period. Prior to the issuance of a vacation rental license, the unpermitted sheds must be deconstructed or otherwise removed from the property.

The vacation rental cabin is limited to a maximum occupancy of four individuals, including children. The approved number of sleeping rooms is two, including the main level bedroom and the upstairs master bedroom. The living room is not to be used as a sleeping room. All guests must park on-site. No parking is allowed along Caribou Road.

Applicant Roxanne Di Santo said she lives part time at the location. That road that goes by her house is not a private road. She has been in three lawsuits and was sued over access through her property, and it was proved that it is a public road. Further, she noted that the sheds have been on the property for 40 years, and now suddenly they have become an issue.

She first purchased the property in 1998, and it has been her primary residence off and on while she has rented it both long- and short-term. It is a single family dwelling and has only been used for a residence. She objected to requiring her to go through this arduous Special Permit Review.

She said she has a 50 to 75 percent occupancy rate. In April, it will be 30 percent. About 90 to 100 days per year it would not be rented. Nederland is a tourist-based town and there is a need for visitors to stay, she pointed out. She said she might use the house for a week, but she is setting it up for full-time vacation rental.

During Public Comment, six residents supported the application but objected to the new codes, saying these rules are so complicated they can’t be enforced fairly. One speaker pointed out that when the rules were written, the County wanted to create a stumbling block for short term rentals. It was even stated by one person that “These rules were adopted as a dagger in the heart.”

Sam Walker replied that the vacation rental is classified as a lodge, but the County is reviewing a vacation rental under the lodging category. Both sheds are larger than 120 square feet so they need a permit or be removed. The number of guests is tied to the septic system.

Board Member Claire Levy asked if the sheds were erected before there was a requirement for a building permit. The Board conditionally approved the request subject to the conditions in staff’s recommendation. Taking Levy’s question into account, they ruled that the sheds must be removed prior to issue of license, unless the applicant can demonstrate they are legal, nonconforming structures.

The next County Commissioners’ meeting will be on April 5, at 10:30 a.m. https://pub-bouldercounty.escribemeetings.com/