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Board legalizes long-standing garage, denies new zero‑foot shed and approves short‑term rental at Skyline Drive with fireplace condition
Summary
Jefferson County regulators on June 18 legalized a long-standing detached garage at 34081 Skyline Drive, denied a request to legalize a recently constructed accessory shed at the lot line, and approved a two‑bedroom short‑term rental on the property with conditions including removal of the nonconforming shed and a restriction on tenant use of the indoor fireplace until it meets current safety standards.
The Jefferson County Board of Adjustment on June 18 took three related actions for a property at 34081 Skyline Drive: it legalized a detached garage constructed years ago, rejected a request to legalize an accessory shed built without permits at a zero‑foot side setback, and approved a special exception allowing a two‑bedroom short‑term rental with conditions.
Planning staff presented aerial imagery and parcel history showing the detached garage likely dated to before 2006 and the primary dwelling to 1962; staff recommended legalization for the garage setbacks because the structure predated current survey requirements and its location was unlikely to be practical to change. The board approved legalization for the garage front and side setbacks.
Staff recommended denial of the request to legalize a more recent accessory structure that sits at a zero‑foot side setback; the shed is greater than 200 square feet and was installed without a building permit. Staff concluded the applicant had not established an exceptional practical difficulty for that legalization and recommended removal or relocation of that shed. The board voted to deny legalization of the zero‑foot shed.
The applicant, Bill King, applied for a short‑term rental special exception for the property. Staff reported the lot exceeds one acre after a recent recorded merger, parking and defensible‑space requirements were met, the septic and well are in order for two bedrooms, and the Evergreen Fire Protection District provided a will‑serve letter. Planning recommended approval of the short‑term rental if the shed is removed or relocated to meet setbacks.
During public testimony neighbors expressed strong concerns about wildfire risk, access for emergency services, trash and wildlife (bears), and the property’s proximity to Roosevelt National Forest. Several neighbors urged heightened conditions or opposed the STR because of the narrow canyon roads, volunteer fire resources and evacuation challenges. The applicant said he plans hands‑on property management, uses a local property manager, and would arrange bear‑resistant trash service and other mitigation.
The board approved the short‑term rental with the staff conditions, and added a condition that the dwelling’s wood-burning stove not be used by future tenants unless it is brought into compliance with applicable NFPA standards (or otherwise made demonstrably safe), and that the existing nonconforming shed be removed or relocated if the shed‑legalization request remained denied. The legalization of the detached garage and the short‑term rental were approved; the zero‑foot shed legalization was denied.
— Jefferson County Board of Adjustment meeting coverage
