Get Full Government Meeting Transcripts, Videos, & Alerts Forever!
Get email alerts on the Short Term Rental topic
No spam. Unsubscribe anytime.
Planning commission approves vacation-rental permit despite subdivision CC&R ban
Summary
The Orderville Planning and Zoning Commission voted 3–1 with one abstention on May 18, 2026, to approve a conditional use permit allowing Brenda Allred to operate a short-term vacation rental at 1465 South Valley View Drive, saying the town cannot enforce private CC&Rs even though the subdivision covenants prohibit rentals.
On May 18, 2026 the Orderville Town Planning and Zoning Commission voted 3–1, with one abstention, to approve a conditional use permit for a short-term vacation rental at 1465 South Valley View Drive.
The applicant's representative told the commission the permit would allow Brenda Allred, a widow, to keep her home by renting it seasonally. Neighbors objected during public comment, citing safety and increased traffic in the cul-de-sac where multiple children play. Neighbors named during the discussion included McKenna Roundy and Clay and Lindy Hansen.
Commissioners discussed a subdivision Covenants, Conditions and Restrictions clause that explicitly prohibits rentals and noted that changing the CC&Rs would require a majority vote of the six property owners in the subdivision. The commission clarified that enforcement of private CC&Rs is not within the town’s authority and that its decision must be based on town ordinances, which do not bar a conditional use permit solely because a private CC&R forbids rentals.
To address neighborhood concerns, the applicant proposed mitigation measures including written warnings to guests about neighborhood conditions, the use of exterior monitoring cameras, and installation of "Children at Play" signage. The commission approved the permit with the condition that the town's rules be followed; the record shows Letitia Cox moved to approve and Alex Pavlides seconded. The roll call recorded three votes in favor (Cox, Tony Collins, Pavlides), one vote against (Riley Anderson) and one abstention (Chair Ed Bolander); the motion carried.
Because CC&Rs are privately enforced, the commission added a note to the permit record indicating the subdivision covenants prohibit rentals; it did not, and said it could not, nullify or amend those private restrictions. The commission did not set a follow-up enforcement action against the private covenant; neighbors were advised of private remedies and the town's formal complaint process for ordinance violations.
The commission’s approval means the applicant may operate the vacation rental under the town’s conditional use standards and the permit conditions recorded at the meeting. Any enforcement of the subdivision's ban remains a private matter among property owners.
