Planning commission recommends approval of Heller short-term rental on Skinner Gulch Road

The Larimer County Planning Commission voted 7-0 to recommend approval of a special review permit for a short-term rental at 767 Skinner Gulch Road in unincorporated Larimer County. The applicant, Chris Heller, applied to operate a four-bedroom house with one additional sleeping area for up to nine guests.

Laura Cullerton, a development review planner, summarized the applicant’s request and explained that revised county regulations adopted April 3, 2023, require special review for short-term rentals in rural and mixed center zones, impose 500-foot separation requirements from county parks and other short-term rentals, and set roadway and floodplain standards. Cullerton said staff found the application met the review criteria in the land use code and that referral agencies raised no objections.

Applicant Chris Heller told the commission he had worked through the county’s requirements for nearly two years and said the house sits on 40 acres and is not visible from neighboring dwellings. Heller said he had responded to neighborhood concerns and planned seasonal rentals with house rules and safety measures. “It has been an arduous and cumbersome process,” Heller said, adding he had “worked diligently and in good faith to meet all of the requirements set forth by the county.”

Neighbor Howard Kemp, whose property borders the applicant’s, said the road association covenants restrict businesses and raised liability concerns for the private road. Kemp also questioned the roadway engineering certification, saying the road surface in places measures less than the 20-foot width stated in the county’s rural area road standards. County staff replied that the short-term rental roadway certification covers the private road segment from the property to the nearest public road (Skinner Gulch Road) and that professional engineers signed and stamped the certification; staff said the code allows a 10% deviation from the 20-foot minimum in limited locations.

County staff described the special review process: sketch plan referral and neighborhood notification to property owners within 500 feet, a neighborhood meeting, and public hearing phases leading to Planning Commission recommendation and final action by the Board of County Commissioners. Cullerton noted that 19 community members submitted comments opposing and eight sending comments in support during the sketch plan phase; two property owners filed opposition comments during the public hearing notification.

Commission deliberations focused on roadway certification, neighborhood outreach and compliance with the county’s short-term rental standards. Commissioners said private covenants (HOA or road association rules) are private contracts outside the commission’s purview; County Attorney Christine Lukasen said interpretation and enforcement of private covenants are matters for civil courts rather than the planning review process.

Following deliberations the commission voted 7-0 to recommend the Board of County Commissioners approve the Heller short-term rental special review, subject to conditions 1–14 in the staff report. The applicant was advised that final permitting and any required tax or business registrations are separate processes and that private covenant disputes remain a civil matter between property owners.