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HomeMy WebLinkAboutbocc.res.087.2022 RESOLUTION OF THE BOARD OF COUNTY COMMISSIONERS (“BOARD”) OF PITKIN COUNTY, COLORADO DENYING A RURAL AND REMOTE SHORT TERM RENTAL LICENSE APPLICATION BY BA COLORADO LP FOR 2750 LITTLE ANNIE ROAD, PITKIN COUNTY RESOLUTION NO. 087-2022 RECITALS WHEREAS, Pursuant to Section 2.8.3 (Actions) of the Pitkin County Home Rule Charter (“HRC”) official action by formal resolution shall be required for all actions of the Board not requiring ordinance power on matters of significant importance affecting citizens, and; WHEREAS, Pitkin County Board of County Commissioners (“Board”) adopted Ordinance 28-2022 establishing the Licensing and Regulations of Short Term Rental Lodging Units and Residential Properties on June 22, 2022 establishing the Pitkin County Short Term Rental Code, and; WHEREAS, in the establishment of the Short Term Rental Licensing and Regulation, the Board recognized potential occurrence of short term rentals in the Rural and Remote Zone District is of particular concern due to a limited availability of emergency services, the remote nature of the properties and potential unpreparedness of guests for a backcountry excursion, and that the commercial activity and its associated impacts within the zone district are inconsistent with the objectives of the Rural and Remote Zone district, and; WHEREAS, license applications for properties in the Rural and Remote zone district shall be determined by the Board if the Licensing Authority first recommends that adequate emergency services are available to the property, adequate provisions can be made for the safety of the renters and guests considering the remote quality of the property, and that the rental activity and the activities associated with servicing the property will not be injurious to other properties or owners, public and private, or to the qualities inherent to areas in the Rural and Remote Zone District in the area of the rental property, and; WHEREAS, all Short Term Rental application must comply with the criteria set forth in Title 6, Section 6.50.053 the Pitkin County Code, and; WHEREAS, BA Colorado LP (“Applicant”) has applied for a Rural and Remote Short Term Rental (STR) license for 2750 Little Annie Road. WHEREAS, prior County approvals and restrictions for the property include: 1. Board Resolution No. 053-2011 granting Site Plan approval to construct an additional residence (2750 Little Annie Road) and designating the Annex Cabin (2600 Little Annie Road) to the Historic Register. 2. Site Plan recorded in Plat Book 102 at Page 97 3. Covenant Agreement for the Preservation and Maintenance of Historic Structures recorded as Reception #598087. 4. Occupancy Deed Restriction recorded as Reception #645192, which restricts the Annex cabin to occupancy by a qualified employee or immediate family. Resolution No. 087-2022 Page 2 WHEREAS, the Occupancy Deed Restriction limits occupancy of the Annex Cabin (2600 Little Annie Road) to a qualified employee or immediate family, therefore, it is ineligible to be used as a short term rental. WHEREAS, the Applicant distributed noticing, as required per the code, in advance of the Board hearing and has provided an affidavit confirming they have met the noticing requirements. WHEREAS, the Licensing Authority, in review of BA Colorado LP application for 2750 Little Annie Road finds the following: a. The Applicant purchased the property on March 15, 2022. b. The Applicant demonstrated that the property was rented once (April 15-18, 2022), during the short term period between May 11, 2017 and May 11, 2022 and submitted all the required documentation as required in Section 6.50.052 of the Code to meet the eligibility requirements. c. The Applicant has represented the property is in compliance with all County Codes, including but not limited to building, zoning, environmental and energy codes and complies with the pertinent local Fire District’s Code and Regulations; d. The Applicant has represented the presence of working smoke and carbon monoxide detectors and fire extinguishers and there is sufficient potable water and functioning septic or wastewater collection system. e. The Applicant has represented that the rental activity and the activities associated with servicing the property, including adequate management of parking, will not be injurious to other properties or owners, public and private. f. Adjoining Property Owners and neighbors have expressed concerns that the Applicant is a new owner of the property, who does not have a history with the Little Annie area and, therefore, is not familiar with the rural and remote quality of the property, the associated safety issues, and the burden placed on neighbors to respond to emergencies in the area. g. The Applicant submitted a Safety Plan and stated that adequate measures have been considered to ensure there are adequate provisions for the safety of guests and renters given the remote quality of the property including availability of communication to 911 services; access to emergency services; and communications to guests in advance to safely navigate to the property. However, the Applicant does not have a demonstrated history of rentals and management of rentals on the property to provide assurance that the provisions of the Safety Plan can be met to ensure the safety of guests and renters. h. To address parking concerns stated by neighbors, the Applicant responded Resolution No. 087-2022 Page 3 that there is sufficient parking in the summer and will predominantly rent in the summer months. The Applicant also responded that there is sufficient winter parking for any winter renters. The parking at Little Annie Road is consistently limited in winter months which the Applicant fails to call out and address. The Safety Plan also does not address the limited emergency service access when winter travel is limited. WHEREAS, the Licensing Authority finds the applicant has not demonstrated that adequate provisions have been made for the safety of the renters and guests considering the remote quality of the property and that the rental activity will not be injurious to other properties or owners, and recommends denial of the Rural and Remote Short Term Rental License application by BA Colorado for 2750 Little Annie Road; WHEREAS, The BOCC finds that it is in the best interests of the citizens of Pitkin County to approve this Resolution denying the short term rental license for 2750 Little Annie Road. NOW, THEREFORE, BE IT RESOLVED by the Board of County Commissioners of Pitkin County, Colorado that it hereby adopts a Resolution Denying A Rural And Remote Short Term Rental License Application by BA Colorado, LP for 2750 Little Annie Road, Pitkin County and authorizes the Chair to sign the Resolution and upon the satisfaction of the County Attorney as to form, execute any other associated documents necessary to complete this matter. Resolution No. 087-2022 Page 4 ADOPTED ON THE 7th DAY OF December, 2022 ATTEST: BOARD OF COUNTY COMMISSIONERS By _________________________ By: _____________________________ Julia Ely Patti Clapper, Chair Deputy County Clerk Date: ______________ APPROVED AS TO FORM: MANAGER APPROVAL ___________________________ _________________________________ John Ely, County Attorney Phylis Mattice for Jon Peacock, County Manager Dec-22-2022