Commissioners deny appeal seeking reinstatement of abandoned short‑term rental license for 22 Buckskin Trail

Clear Creek County commissioners on Dec. 16 denied an appeal by Barbara (Barbara) Mertz seeking to reverse the county’s determination that her short-term rental (STR) license application was abandoned and to have her returned to the prior position on the wait list.

County attorney Peter Lickman and building official David Danielson summarized the staff timeline: the STR ordinance transition and permitting window opened Dec. 17, 2024, with an application period through Jan. 31, 2025; the county sent multiple reminders and notices that the application was incomplete and required a site plan; Mertz submitted an initial application in February but staff found it incomplete and sought required items; staff sent multiple follow-up notices and gave several grace-period accommodations before deeming the application abandoned in June. Lickman explained that treating the matter as abandonment — rather than a formal denial — leaves Mertz able to reapply but displaces any priority for the prior slot while the wait list order is honored.

Mertz, represented by attorney Dylan Woods, said she believed she had responded in good faith and that some email notices went to spam or were not received; she told the board she took prompt action after receiving a notice of violation and wished the county had forwarded multiple voicemail responses she said she made. "I didn't get those emails… I didn't know I was out of compliance," Mertz said during her statement.

Commissioners questioned the record, including whether Mertz logged into the county portal and whether department staff had received phone messages. County staff explained voicemail routing from the county directory can result in messages going to adjacent departments if callers do not select the correct prompt; staff said they had verified the phone-tree routing. The board discussed precedent, fairness and administrative practicality, and several commissioners said they were sympathetic but concluded the county had followed its process and that other applicants submitted complete applications and were on the wait list.

Motion and outcome: A commissioner moved to deny the appeal relating to abandonment of the short-term rental license for 22 Buckskin Trail. The motion was seconded and passed on a voice vote; commissioners instructed staff to work with Mertz on next steps if she chooses to submit a complete application.

What happens next: Mertz may submit a new, complete application and will be placed on the wait list in the order of complete submissions. Commissioners noted the county had offered multiple outreach attempts and that treating the matter as abandonment preserves the ordinance’s annual cap and wait-list integrity.

Quotes "I didn't get those emails. I have found one email from Dakota that was in spam. I didn't know I was out of compliance," Barbara Mertz (appellant).

"If she had been denied, she would be prohibited for about a year to reapply. By treating it as abandoned, she can still apply and will be placed on a wait list," Peter Lickman (county attorney).