Boulder County Commissioners · Public hearing

Public hearings: Osterholm-DiGiulian Accessory Dwelling Unit and Residential Additions; Riverside Cabins Lodge and Boundary Line Adjustment

August 20, 2026

Boulder County commissioners denied an ADU family-care unit and chose to give a rule-breaking cabin resort more time instead of revoking its permit.

Commissioners Levy and Loachamin heard two land use cases. Commissioner Stolzmann was excused all day. In the morning they denied an accessory dwelling unit and a small addition for a Pine Brook Hill property. The applicants could not show that either aging parent currently needs care, as the family-care unit code requires. In the afternoon they heard a staff request to revoke the special use permit for Riverside Cabins, a lodge near Lyons. The owner rented cabins and let a long-term tenant live there before he met safety conditions. The commissioners chose not to revoke the permit. They continued the hearing to January 7, 2027, and said the owner can resume renting as soon as he meets all conditions and staff confirms the zoning violation is resolved.

Agenda and votes

Call to Order

9:00 a.m. Morning Session

2.aPublic Hearing on Osterholm-DiGiulian Accessory Dwelling Unit and Residential Additions
Commissioners denied an application for a family care accessory dwelling unit and a 165 square foot hallway addition at a Pine Brook Hill home, finding the code's requirement that a family member currently need or give care was not met.
LU-26-0005-SPR-26-0015-staff-recommendation-packet-red.pdf
passed 0-0
to go into an Executive Session with County Attorneys, pursuant to CRS 24-6-402(4)(b) to discuss legal matters related to Docket LU-26-0005/SPR-26-0015 on August 20, 2026, at approximately 9:51 a.m.
Moved by Claire Levy, seconded by Marta Loachamin
passed 0-0
to deny Docket LU-26-0005/SPR-26-0015 as discussed and contained within the official record.
Moved by Marta Loachamin, seconded by Claire Levy

1:00 p.m. Afternoon Session

3.aPublic Hearing on Riverside Cabins Lodge and Boundary Line Adjustment Revocation
Commissioners declined to revoke the special use permit for Riverside Cabins near Lyons despite repeated rentals before conditions were met, and instead continued the hearing to January 7, 2027 while the owner finishes required permits and inspections.
SU-23-0013 BOCC Staff Report for August 20, 2026.pdf
passed 0-0
regarding SU-23-0013, to not revoke at this time, but continue this hearing in the event there is any future violation with the acknowledgement that the applicant has a conditioned approval so if they meet those conditions they would notify staff and they would then have a use.
Moved by Marta Loachamin
passed 0-0
to not accept the recommendation of revocation of the special use and instead continue this hearing to January 7, 2027, at 1 p.m. for purposes of determining whether to revoke the special use permit. In the meantime, if the applicants are able to complete all the work and satisfy all the conditions of approval and submit satisfactory evidence of that and receive written confirmation from Community Planning and Permitting that all the conditions of the special use have been met, the applicants ma
Moved by Claire Levy, seconded by Marta Loachamin

Other votes

passed 2-0, 1 absent unofficialat 0:46:05

Move to recess into executive session for legal advice on the ADU family care unit criteria under CRS 24-6-402(4)(b)

Levy: yesLoachamin: yesStolzmann: absent

passed 2-0, 1 absent unofficialat 1:02:27

2A · Deny docket LU-26-005 and SPR-26-0015, the Osterholm-DiGiulian accessory dwelling unit and residential additions, finding the family care unit need was not shown

Levy: yesLoachamin: yesStolzmann: absent

passed 2-0, 1 absent unofficialat 2:44:13

3A · Continue the Riverside Cabins special use revocation hearing (SU-23-0013) to January 7, 2027 at 1pm instead of revoking the permit, letting the owner resume the resort lodge use once all conditions are met and the zoning violation is resolved

Levy: yesLoachamin: yesStolzmann: absent

Public comment

Support for the Riverside Cabins owner · 2 speakers
A friend who spoke in person and a local wedding venue owner's wife spoke by phone in support of owner Micah Coles, describing his effort and investment in restoring the flood-damaged property and asking the board not to revoke the permit.
Neighbor concerns about the property · 1 speakers
A neighboring property owner, Kat Olmen, said she supports upgrades to the property but disputed being called uncooperative, said she paid for mediation attempts, and noted a related business website still advertised fire pits that were supposed to be removed.
Fire safety confirmation · 1 speakers
The Lions Fire Marshal, Steve Piske, said the owners had corrected fire code violations and gone beyond required steps to make the property fire safe.

Conversations by topic

Housing and land use

CountyAug 20, Public hearings: Osterholm-DiGiulian Accessory Dwelling…at 0:58:03

Commissioner Loachamin said the code defines a family care unit as housing a family member who currently requires or provides care, and she did not find that shown here. Commissioner Levy agreed, noting neither 77-year-old mother currently lives with or needs care from the owners, so the code as written does not support approval.

“I am not finding that at this time.”

CountyAug 20, Public hearings: Osterholm-DiGiulian Accessory Dwelling…at 0:18:41

Commissioner Loachamin questioned whether the enclosed hallway connecting the garage-turned-ADU to the main house effectively made the whole structure one house rather than a true accessory dwelling unit. Planner Sam Walker explained the county does not count ADU floor area as residential floor area because it is treated as a separate use, and it must be continuously used as a family care unit or converted back.

“once you add the hallway and connect all the space, it just becomes one big house.”

Wildfire and Xcel

CountyAug 20, Public hearings: Osterholm-DiGiulian Accessory Dwelling…at 0:11:09

Staff said the wildfire team required ignition-resistant materials for the new ADU and addition, and strongly recommended the same upgrade for the rest of the main house, though that was not a required condition.

“wildfire mitigation is required.”

Land use code enforcement and permit revocation

CountyAug 20, Public hearings: Osterholm-DiGiulian Accessory Dwelling…at 1:08:31

Code compliance staff Jesse Rounds asked the board to revoke the Riverside Cabins special use permit near Lyons, saying the owner kept renting cabins and hosting events before required building permits, a development agreement, and a wildfire partners certificate were complete, and that six heating units in the cabins had never been inspected.

“multiple continuing and knowing violations of the conditions of approval demonstrated disregard for the safety of the public and guests.”

CountyAug 20, Public hearings: Osterholm-DiGiulian Accessory Dwelling…at 1:23:51

Owner Micah Coles said a five-and-a-half month delay in getting the county to sign the development agreement kept him from starting building permits, and that he spent about $179,000 on required work including a historic landmark designation, drainage, and CDOT road access. He asked the board not to revoke the permit and said a Lions Fire Department inspection on August 5, 2026 passed the property.</br>

“I have invested 179,002 in the compliance work on the conditions.”

CountyAug 20, Public hearings: Osterholm-DiGiulian Accessory Dwelling…at 2:23:25

Commissioner Levy said the property's suitability as a vacation rental has not changed and that starting the full review process over would waste time and resources, so she favored continuing the hearing rather than revoking the permit. Commissioner Loachamin said she leaned toward supporting staff's revocation recommendation but the two ultimately agreed on a continuance to January 7, 2027.

“I don't think our job or my job is this process is about punishing.”