By Lisa Cyriacks
New fees, short-term rental requirements and subdivision rules are coming to Saguache County. Saguache County Commissioners voted 2–1 to adopt an updated Land Use Development Code. The new code has raised concerns among citizens and led to one commissioner dissenting.
The adoption followed a public hearing on Nov. 17, ending with the commissioners voting to adopt the changes, as published on the website with only minor exceptions.
Commissioner Lynne Thompson cast the sole dissenting vote.
When Commissioner Liza Marron asked her to explain her position, Thompson responded, “Because I did not agree with more than I disagreed with in the code changes. I feel like the planning commission’s hard work and the many hours they put in was completely ignored.
“I felt like anytime during the process, anytime I objected to anything, my input was ignored. Therefore, I cannot in good conscience approve the land use changes. As far as I am concerned, these are land use changes that were derived from only two commissioners and that’s it. The public was not really considered. The planning commission wasn’t considered,” she stated in part of a longer response.
Her comments went unaddressed as Marron—after a pause—made a motion to adjourn the meeting.
Earlier in the meeting, Planning Commission Chair, Richard Drake, made the request that the county commissioners table the vote on the changes; suggesting instead a meeting between the commissioners and the planning commission to revisit public comments before adopting final changes.
Commissioner Tom McCracken declined, noting that the moratorium on subdivisions has expired and the commissioners would like the new regulations enacted as soon as possible. He added that regulations are a “work in process” and could still be reviewed and amended at a future date.
A number of people attended the hearing. Several raised questions about the new permitting requirement for short-term rentals (STR). Tied to this discussion were queries about the changes in the fee structure. In particular, starting with the lowest $500 fee for STRs accommodating one to five people. County staff said that fees are designed to reflect actual administrative and enforcement costs.
When a couple of attendees argued that the new STR fees were too high, Land Use Administrator Amber Wilson suggested the county consider a prorated monthly application fee rather than charging the full annual fee to applicants considering seasonal short-term rentals, or STRs only when long-term renters could not be found. Commissioners agreed to discuss the idea.
McCracken explained that enforcement has been difficult because many bed-and-breakfast operations have not registered even as home occupations. Currently, only 31 Airbnb properties in unincorporated Saguache County are properly registered. To address widespread noncompliance, the county hired a firm to identify unpermitted rentals by name and location. The firm found more than 170 lodging establishments operating without the required home-occupation permit. The county will use this information to enforce regulations and require delinquent properties to obtain home occupation or short-term rental permits to continue operating. McCracken also noted that, in the future, failure to collect sales and lodging taxes could result in revocation of permits.
Other public concerns included agricultural subdivisions. For example a property owners’ ability to subdivide allowing family members to build a home on a “sprinkler corner” on agricultural property. In other instances, a conditional use permit for an accessory dwelling unit may suffice, rather than subdividing.
While there were only a few objections in the public hearing, many attendees expressed concern over significant increases to a range of fees.
Additionally, County Attorney Brad Crowell shared his research on violation enforcement. The proposed, published changes to violation enforcement (Article 10) were revoked by the county commissioners. Instead of using law enforcement to issue citations—a civil infraction method—the attorney advocated reverting to a county court method which allows for the land use office to work with county residents to remedy infractions. McCracken read for the record the language from C.R.S. 30-28-124.5 which allows for collection of unpaid, assessed fines in the same manner as property taxes.
For specific requirements in the newly adopted Land Use Development Code, please contact Saguache County Land Use office at 719-655-2321.