County denies land use change request

The Hot Springs County Commissioners held a public hearing at the Annex Building on December 21 to address the request for a land-use change for the Steven’s property and their Tipi Retreat business. 

County Planner Bo Bowman introduced the application to the commissioners and said that the property is located at the end of Coyote Run and has been operating as a lodging business using 12 tipis. Bowman added that the land use planning commission considered the matter on July 21. They recommended to the county commissioners as in favor of granting the land-use change. Bowman noted that there were concerns about a private easement and potential traffic issues.

During some discussion with Bowman, commissioner Jack Baird said, “We want growth in Hot Spring County. But we also have a responsibility of safety that we come to granting these land use changes. And this does not fall in the safe category. I mean, the tipis are a great idea. They’re not in the right location, in my opinion. It isn’t because of the neighbors complaining. It is purely safety. That’s my two cents.”

Chairman Tom Ryan opened a public hearing and asked for comments.

Attorney Brent Rhodes, of Hathaway and Kunz out of Cheyenne represented Michael and Michelle Stevens who joined him.

Rhodes addressed the commissioners for about twenty minutes and made his case for the Steven’s family and for their business. Rhodes spent considerable time discussing whether the commissioners had the legal authority to regulate the land use change request.

For a portion of Rhodes’s communication, he said, “I think that there are some very serious conversations that need to occur within the county and with this board of county commissioners about whether or not the procedures they’ve taken, and I suppose you as an entity have taken, and whether or not they’re legal.”

Rhodes went on to point out Wyoming statutes that unquestionably give the county the authority to regulate their lands. However, he also said that he believes the only way a county in the state of Wyoming has the authority to regulate land use or restrictive land use of any kind is through zoning plans. “You guys don’t have a zoning resolution,” he told the commissioners.

Rhodes also said, “I think it’s clear that there’s been a violation of both federal and state constitutions here. I think the company, the company being the Tipi Retreat, is having constitutional rights infringed. They (Stevens) were handed a cease and desist letter telling them that they aren’t allowed to use their land pursuant to a document that has no teeth. That is a textbook violation of procedure of due process.”

Rhodes added, “The Stevens have no desire to start throwing around allegations and start stomping their feet and threatening to sue people and drag to court, we don’t want to do that.”

The commissioners responded to this statement all at once and said, “But you just did. You just did that.”

After Rhodes’ statements and also statements from the Stevens family members, there were multiple public comments. The additional public comments lasted for about 50 minutes. There were comments both in support and opposition of the permit.

After Chairman Ryan closed the public comments portion of the meeting, the commissioners then went through the checklists and reviewed the Stevens’ application. The results of their checklists showed several failures. Some of the failures were issues with the access right of way, sewer, and safety. Commissioner Jack Baird highlighted that in case of a fire there is only one way in and out of the property. 

Commissioner Phil Scheel added, “In the light of all of the conversation, I think that I agree with little bits of everybody’s opinions. Hot Springs County, Wyoming, United States of America should be a place where neighbors can be neighborly regardless of what’s happened in the past.”

He continued, “But maybe before you build a tipi in your friend’s yard, make a conversation and be a great neighbor. There should be some ways to figure this out. The way that we have outlined the reasons that this failed our county plan, which we’re using, are primarily with the access in the roadway. That was granted by a county commission, not us. But perhaps, the applicants might approach those landowners and purchase an area or a safer way to get through there. Maybe there would be opportunities for some…I think that there are multiple ways that we could as Hot Springs County residents work through these issues one at a time.”

Scheel explained, “This is our process in Hot Springs County to go through a land-use change. And that’s what we’ve done here tonight, and I appreciate everybody’s comments and time. I also agree that it would be great to have something like this in our community.”

“Where it’s at now, the way it is going on now, in a way that it has been going on ever since it started without going through the process. I’m not happy about that. But hopefully, we can find a way, hopefully, the applicants, their neighbors, the community can find the right way to get this done,” added Scheel

Commissioner Baird again brought up the issue of safety as his concern.

Michelle Stevens then stated, “Mr. Bowman told us we could continue to operate. The Land Use Planning Committee told us we could continue to operate.” She then included additional information and ended by stating, “In my opinion, we were doing everything that we’ve been asked to do.”

Commissioner Scheel made the motion to deny approval of the land use change for the Tipi Retreat from agricultural to commercial. Commissioner Baird seconded. All three commissioners voted in favor of the motion to deny.

An article will appear in next weeks IR exploring the current land use classification system used by HSC.