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Planning commission recommends STR ordinance be changed to 3 miles, approves conditional use permit for Panguitch property

Garfield County Planning Commission · November 20, 2024
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Summary

The commission voted to recommend changing section 10 of the county short-term rental ordinance from a 1-mile to a 3-mile road-distance limit (measured along the traveled road), and approved a conditional use permit for a short-term rental at 1990 E Severe Circle conditioned on county commission action and inspections.

The Garfield County Planning Commission recommended amending the short‑term rental ordinance to extend the current 1‑mile limit from hard‑surface roads to 3 miles measured along the traveled route, and approved a conditional use permit (CUP) for a short‑term rental at 1990 East Severe Circle, forwarding both items to the county commission.

Planning staff summarized the issue: a March ordinance change added a 1‑mile cap from an asphalt or chip‑sealed public roadway to address health and safety concerns, including emergency response for properties on unimproved roads. An owner of a property on Elkhorn Road said his purchase, made in a 1031 exchange, was contingent on being able to operate a short‑term rental; staff and the owner disagreed about whether distance should be measured "as the crow flies" or along the road. The property owner said the traveled distance from the nearest hard‑surface road to his property is roughly 2.05 to 2.5 miles depending on approach and said he had invested nearly $1 million in property and furnishings and had passed the short‑term rental inspection.

David Dodds, identified in the hearing as a county public‑safety/road official, urged caution: he described past rescues and stuck‑vehicle incidents on class‑D roads and said such roads can be impassable in mud or deep snow. "I've seen that road in 2 feet of mud," Dodds said, and warned that longer remote access increases public‑safety and retrieval costs for the county.

Commissioners debated options including a case‑by‑case variance or a countywide ordinance change. Several commissioners favored a 3‑mile limit with clarifying language that the measurement is along the actual travel route rather than a straight line; one commissioner suggested seasonal restrictions for winter months. Staff cautioned about enforcement capacity but said clarifying language and a three‑mile limit would address the current owner’s hardship without broadly enabling remote, hard‑to‑service rentals.

The commission voted to recommend changing section 10 of the short‑term rental ordinance to a 3‑mile traveled‑distance limit and directed staff to draft precise language for the county commission. The planning commission also approved a conditional use permit for a short‑term rental at 1990 East Severe Circle, conditioned on inspections, licensing and county commission approval.

Next steps include staff drafting the amended ordinance language, preparing the recommendation packet for the county commission and the county commission’s review at its next meeting.