With short term rentals a hot topic of debate during the recent land use plan process and the potential for regulations looming, a majority of commissioners declined to allow a variance for a nonowner-occupied short term rental on Lane 5, east of Road 7.

Applicant Katie Davison, who farms the land near the dry, sagebrush covered land identified for the cabin with her husband, asked about potentially appealing the decision after the Oct. 15 vote. Chair Dossie Overfield said while they would have to wait a year to again ask for a variance from the county, they could appeal to Park County District Court.

Overfield joined with commissioners Lee Livingston and Scott Steward to break a tie. Commissioners Scott Mangold and Lloyd Thiel voted in favor of allowing a variance.

“New regulations may address this situation,” Mangold said, adding that the land is good for little besides housing. “Maybe they came in at a good time before the regulations. For now, going by the regulations we have, there is an opportunity to request a variance.”

The hitch for at least Overfield and Livingston, both said, was that the short term rental would not be owner occupied and thus staff has classified it, in lieu of language specifically designating a short term rental, as a highway commercial business hotel/motel.

“I'm inclined to vote against,” Livingston said. “If we take this property specific, maybe it makes sense, but we're dealing with the short term conundrum right now, and the problem that has been raised about nonowner occupied short term rentals.”

Short term rentals have been a big issue for years across the county. Public meetings were held by the county prior to Covid regarding potential short term rental regulations due to the uptick of short term rentals in the county, but those were derailed by the pandemic.

When the county began the land use plan process in early 2022, short term rentals were again one of the more high profile topics, especially in areas with a high prevalence of them already.

"One of the biggest concerns with short term rentals was nonowner occupied," Overfield said. "I have mixed feelings doing it at this point when we're in between regulations and we've heard such negative comments about nonowner occupied."

Work on the first batch of regulations is to the stage where the public can review and comment, but work on the second batch of regulations, which will include discussions on the issues raised during the land use plan process, will likely begin early next year.