Land Use Planning outlines eight conditions for Branin land use change

by Cindy Glasson

A second public hearing on the land use change request for a property on Black Mountain Road was held last week with the Land Use Planning Commission.

Several surrounding landowners were in attendance including commission member Diane Winter who recused herself from the board for the evening in order to speak as a landowner in the matter.

The land use change in question would take property owned by Leslie Branin from residential to commercial.

Branin purchased the property with plans to build her home as well as two duplex “cabins”, for a total of four rooms that would be used for short-term rentals. In addition, there are two RV spaces with hookups and a shed with an overhang to store an additional RV.

In March of 2016 a well permit was issued for a single residence on the property and in June of 2016 a septic was approved for a single, two-bedroom residential home.

Since then, a duplex has been built on the property that has two hotel-like units being advertised as cabins, the two RV spaces and the RV storage shed. No single residence has been built.

The day of the public hearing, county planner Bo Bowman spoke with the State Engineer’s Office and was informed the well permit (for a single residence) would have to be vacated and Branin would have to reapply for a “miscellaneous use” permit in order to suit the two-unit duplex and RV spaces now on the property as well as being marketed as short-term lodging.

The Wyoming Department of Transportation (WYDOT) also indicated the access to the property from Black Mountain Road is a residential access, so there will need to be an upgrade to a commercial access point.

Comments from the public in attendance included concerns about the septic leaking into the river, what the additional buildings would do to the wells of the surrounding properties, trespassing, the possibility of pets of visitors chasing livestock and most importantly to residents, who would be checking visitors in and would there be anyone on the property to ensure the visitors were following the proposed rules.

One commenter said it was like putting a hotel in the middle of the neighborhood.

Buddy Rangel, representing Branin, said there would be no pets and no smoking on the property. He said they aren’t figuring people would be spending much time out there since they would most likely be in town doing activities or fishing and hunting.

Rangel said the minimum stay would be three nights with a limit of two-weeks at a time. The RV spaces could be rented for a month at a time, however.

Five original conditions were put on the land use change and an additional three were added at the meeting.

• Parking and driveway areas shall be surfaced in gravel or a similar material to reduce dust.

• Any exterior lighting associated with the rental units shall be shielded and downcast. An exterior lighting plan shall first be submitted for the review and approval of staff.

• The applicant shall provide for regular solid waste removal.

• This approval is for up to four rental cabins only, and no other commercial activities are permitted.

• The applicant shall coordinate with the Thermopolis Chamber of Commerce to verify that arrangements have been made t pay all applicable lodging taxes for the short-term rental of these units.

• The number of units shall not exceed the two duplex units and to RV spaces constructed in 2016. Should the applicant construct a personal residence in the future, that residence will require its own septic system.

• The applicant shall obtain an upgrade to a commercial access from WYDOT.

• The applicant shall abandon the 2016 residential well permit and apply to the office of the State Engineer for a ‘miscellaneous” well permit to address the proposed uses.

The Planning Commission does not have the final word whether or not the land use change is granted, but rather the County Commissioners give or deny approval.

The Planning Commission passed the request on to the commissioners with a “do not approve until permits are cleared up and WYDOT needs are addressed” recommendation.