Planning commission votes on three land use change requests; recommend, continue, deny

At the Hot Springs County, Land Use Planning Commission meeting on October 20 at the Annex Building Planner, Bo Bowman presented three applicants. They were Britt Taylor; Daniel and Leila Porath; and Elyse Dufour. All were requesting the change from either agricultural or residential use to commercial so that they may operate short-term rentals of various kinds. 

In new business, Britt Taylor was not present because she is a landowner from out of state, but a representative was. Taylor wanted their land use changed to allow a 50-unit recreational vehicle campground. The subject property is a 21 acre parcel described as a portion of the NE quarter of the NE quarter of Section 3, Township 42 North, Range 95 West. Fronting on the north side of Highway 120 W, approximately half-a-mile west of Fremont Street in the Town of Thermopolis. It is addressed as 138 Highway 120 West.

During a public hearing for the Taylor property, Sam Marko spoke of his concerns about congestion in the area if it were to be in operation and that the neighbors would be unhappy. 

Also, after some discussion, it was clarified that the area requested for land-use change is only six acres in the 21-acre area to house the 50 units. Additional discussion included questions about the septic system and the vehicle approach on the highway. Planning commissioner Merrill Ready brought up concerns about the soil quality as well. Bo Bowman said, “there is not a great deal of earthwork needed.” Other concerns were brought up about the water usage involving the Owl Creek Water District. 

Amanda Moeller, the Vice-Chair, made a motion to recommend the land-use change application to the County Commissioners. Moeller said this is a good sign of growth and “having 50 spots is amazing.” The planning commission voted with all four members in agreement. 

Next Daniel and Leila Porath presented their application to request a land-use change to commercial for their property in the Wind River Canyon. They have three cabins for rental and a fourth structure that would be for two stalls for bathrooms and showers. The subject property consists of two parcels totaling 49.3 acres, described as a portion of the SE quarter of the NE quarter of Section 16, Township 6 North, Range 94 West. Fronting on the east side of Highway 20 South, approximately 2.8 miles north of the Fremont County Line. The property is addressed as 1263 Highway 20 South.

The Poraths presented a letter from a licensed engineer stating that their septic system was approved for good use. They also presented a letter from WYDOT that shows they did not get approval for their approach for commercial access but should be appealed to the Cheyenne office with a possibility of being approved. 

During a public hearing for the Porath property, attorney Mike Messenger, representing Kevin Smith, a neighbor, voiced objection to the applicants and requested they be denied. Their reasons are that the Poraths started work prior to applying and failed to get a permit. They also brought up that structures should not be built on Copper Mountain. 

Leila Porath said they bought the land in 1999 and have been addressing clean-up of weeds and brush for the past eight to ten years. They also have some cabins on the property that is theirs for residential, private use. Leila expressed the land is beautiful and they want to share that with people. Daniel Porath also communicated the cabins are 12 feet by 20 feet with no running water, only with a queen bed, heater and A/C. The Poraths said it would have minimal impact on the area. 

The planning commissioners asked the Poraths if they had even rented out their cabins. They replied they had not and stated that the structures at the moment are empty shells. 

Planning commissioner Merrill Ready expressed concern about where the exact area of the application is being requested for change. There are two parcels, one 22 acres and the other 28. After the discussion, it was determined to be 22 acres of land. 

Also, planner Bowman read some descriptions from a book about Copper Mountain and its regulations. The consensus of Bowman and the planning commission was that the reading’s language was not clear. The Porath’s also provided a legal document from the previous owner.

Merrill Ready made a motion to continue the application to the next planning meeting with two conditions, that the acres of the land be determined, possibly with a survey, and that the WYDOT issue of the commercial approach be properly addressed. All voted in agreement.

In old business, applicant Elyse Dufour was not present, but Ryan Collins came to represent. Their application was continued into their third meeting with the planning commission. Their request is to allow short-term rental of a duplex unit, two existing RV spaces, and three tent campsites. The subject property is Lot 1 of the Kirby Creek Subdivision, located in the NE ¼ of the SE ¼ of Section 33, Township 44 North, Range 94 West. Fronting on the Southside of Black Mountain Road, and east side of East River Road. It contains a residence addressed as 1014 Black Mountain Road. 

The planning commission expressed concerns that the applicant did not properly meet the septic requirements, and the WYDOT approach for commercial use was also an issue. Vice-Chair Amanda Moeller motioned to deny recommendations to the county commissioners. Member Harvey Seidel seconded. Merrill Ready abstained from the vote and discussion because he is a neighbor of the applicant and has already voiced opposition. The vote was three in agreement to deny the recommendation. 

The next Land Use Planning Commission meeting will be November 17.