Larimer County commissioners on Monday denied an appeal that would have allowed a second short-term rental (STR) on an 80-acre property at 684 Phantom Ranch Road in Red Feather Lakes.
The decision was 2-1 in favor of denial. Commissioners Jody Shannock McNally and Chair Kristen Stevens voted to deny the appeal; Commissioner John Kefalas voted to approve the appeal.
County staff recommended denial after finding the application did not comply with Section 3.35.b.2.a of the Larimer County Land Use Code, which states that only one short-term rental shall be allowed on a parcel. Michael Whitley, senior planner, told the board, "We are therefore recommending denial of the request," and noted the application required an appeal because it would exceed that limit.
The Zigrays, who own an 80-acre ranch that contains two homes built in 1967, had requested administrative special review approval to operate a second short-term rental on the property and appealed the one-STR-per-parcel restriction. The family emphasized the parcel's size, its distance from neighboring private property and ongoing ranch operations; Mark Zigray told the board the property is a multi-generation working ranch and argued the second STR would support the local economy and help maintain the ranch.
Staff and several commissioners raised access and public-safety concerns. The only vehicle access to the property is Phantom Ranch Road, which crosses U.S. Forest Service land. Whitley explained Forest Service comments note the road is open to motorized use by the public and that the Zigrays do not have authority to plow, maintain or improve the road. Commissioners expressed concern that the property owners cannot guarantee winter access or meet standards for road maintenance if conditions deteriorate.
The appeal also required the board to weigh five appeal criteria, including whether approval would subvert the purpose of the standard, whether approval would be detrimental to public health or safety, and whether the approval is the minimum action necessary. Commissioners were split on those tests: Commissioner Kefalas said the parcel's size and circumstances merited a case-by-case exception and indicated he would support the appeal; Commissioners Shannock McNally and Stevens said staff's findings and the Forest Service access limitations meant the appeal did not meet the approval criteria.
Public comment included statements of support from neighbors and residents who praised the Zigray family's stewardship and said the additional rental would aid rural tourism. The Board noted that an alternative path exists for large properties seeking multiple rental units: resort-lodge or resort-cottage zoning and a special review process, which the applicants had chosen not to pursue because of cost and process complexity.
The board motioned to deny the appeal (moved by Commissioner Jody Shannock McNally). The motion carried 2-1; the record shows the Board is applying the Land Use Code requirement limiting short-term rentals to one per parcel in this case.
What happens next: The Zigrays may choose to reapply under a different land-use path (for example, rezoning and special review for a resort-style use) if they wish to host multiple short-term rental units on the parcel, or they may operate the single approved STR already on the property under the existing administrative approval.