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Saguache County approves ADU short-term rental, portable building business and several subdivision exemptions
Summary
At its Feb. 24 meeting the board approved a conditional-use permit for an ADU short-term rental, a portable‑building sales/manufacturing CUP, and multiple subdivision exemptions; it tabled suspending a marijuana cultivator for 30 days pending tax/license resolution.
Saguache County commissioners approved a slate of land-use items Feb. 24, granting conditional-use permits and subdivision exemptions recommended by the Planning Commission while setting follow-up timelines for code enforcement matters.
The board approved Janet Newsham’s conditional‑use request to place a second residence on her 41.63‑acre property at 41555 County Road T and use it as a short‑term rental, accepting the Planning Commission’s conditions (e.g., NSF‑approved compost toilet, non‑mobile dwelling, and clear right‑of‑way/roadway). The motion to approve passed 3-0.
The board also approved Philip and Velda Eicher’s request to sell and manufacture portable buildings on Highway 285 (address listed as 6955 Hwy 285) with the Planning Commission’s conditions and a stipulation that property access be located off County Road G and allow large‑truck turn movements per Road & Bridge recommendations; motion carried 3-0.
James and Sharon Beiriger’s subdivision exemption to split a 153.69‑acre parcel into a 150.86‑acre parent tract and a 2.83‑acre lot was approved 3-0. The board approved Benjamin and Crystal Schmidt’s subdivision exemption (splitting a 153.469‑acre parcel into four tracts) under prior requirements and with the parent parcel to remain in agricultural use; that motion carried 2-1 after Commissioner Tom McCracken voted against it, citing absence of "unusual circumstances." Commissioner Thompson moved approval with the agricultural‑use condition.
Code enforcement recommended suspending Evergreen Naturals LLC’s marijuana cultivation license because property taxes had not been paid and license renewals were overdue. The board tabled the suspension for 30 days, setting a follow-up for the regular meeting on April 7, 2026.
Why it matters: The approvals and the tabled enforcement action will affect property rights, business activity and agricultural land use across the county. The Schmidt vote demonstrates at least one commissioner’s concern about setting precedent for subdivision exemptions without unusual circumstances.
What the board did and what's next: Staff will implement the Planning Commission conditions, Road & Bridge will advise on driveway siting for the Eicher property, and staff will return to the board on the Evergreen Naturals compliance issue at the April 7 meeting.
