Board legalizes pre‑existing pole barn, approves short‑term rental at 6972 Snowshoe Trail in Evergreen

The Jefferson County Board of Adjustment on Sept. 17 approved two requests for the property at 6972 Snowshoe Trail in Evergreen: a variance to legalize an existing front setback for an accessory structure and a special exception to operate a short‑term rental. The board voted unanimously to grant both requests subject to the conditions listed in the staff report.

The applicant, Jean Dull, and case manager Mary Sloan told the board the 2.56‑acre property is zoned Agricultural 1 and the accessory structure (described in staff materials as a pole barn) sits 29.1 feet from the front property line where a 50‑foot setback is required. Sloan said staff found the structure predated the setback requirement and concluded the applicant had demonstrated an exceptional practical difficulty; staff therefore recommended legalizing the existing setback and approving the short‑term rental, subject to the standard conditions in the report.

Sloan told the board the property meets other zoning limitations for a short‑term rental: the lot exceeds the one‑acre minimum; adequate parking was shown in the site plan for a five‑bedroom unit (staff noted that parking for a five‑bedroom unit equates to six spaces); the property has valid water and sanitation service; and a defensible‑space permit was completed in February 2025. Sloan also said the property is served by an individual water and septic system that staff records show is rated to serve up to 10 people for a five‑bedroom residence.

During questioning, board members and staff discussed several neighborhood complaints in the file. Sloan summarized four written letters she had received: the authors raised no objection to legalizing the setback but objected to permitting the short‑term rental, citing prior loud parties and police responses. Sloan said the county had recorded complaints in the past that were investigated and subsequently closed; there were no active zoning violations at the time of the hearing.

Applicant Jean Dull said she and her husband purchased the house as a retirement property and have undertaken repairs including a new roof and a new septic system to meet five‑bedroom standards. Dull said the property manager has been local for about a year and that short‑term rentals were suspended after the county sent a cease‑and‑desist letter in fall 2024; she told the board there have been no short‑term rentals there since that notice except for 1 month of a long‑term rental earlier in 2025.

Brian Looney, identified as the property manager for the Dulls, described management practices he said his company uses to reduce the risk of parties and nuisance behavior: he said homes under his management have cameras (he mentioned Ring cameras), “listening devices” and other monitoring that let managers identify and respond quickly to complaints, and that they contract local cleaners and handymen in Evergreen to respond to issues. He told the board the previous complaint received through a Vrbo channel was addressed by contacting the guest; Looney said his company enforces house rules, limits on cars, and uses propane fire pits instead of open wood fires.

Board members focused on two operational concerns before voting: the wood‑burning stove and stacked firewood visible on the site, and winter access/snow removal for the steep driveway. Several members urged that the owners either lock off or permanently decommission the 20‑year‑old wood‑burning stove and remove the stacked wood to reduce temptation for renters to use an older appliance; members also recommended installing noise monitors and confirming a reliable on‑call local manager for tenant complaints. The owners said they have a local on‑call manager who can respond 24/7 and a snow‑removal contractor that is mobilized for larger storms and also on call.

Ms. Porter moved approval of the variance to legalize the front setback and then moved approval of the special exception to allow the short‑term rental. Both motions passed on roll call votes with all board members present voting aye. The approvals were “subject to the conditions set forth in the staff report,” as stated in the motions; those staff conditions include the standard short‑term rental limitations in Jefferson County planning materials and any site‑specific conditions recommended by staff.

The board’s action legalizes the preexisting accessory structure and allows the owners to apply for required permits for the short‑term rental. The staff case packet and planning staff remain the point of contact for next steps and permit timing.