Land Use Planning Commission recommends two applications

At the January Land Use Planning Commission meeting, County Planner Les Culliton presented applications to the board from Jeffrey Powell for a Land Use Change and Minor Subdivision and from Daniel and Leila Porath for a Land Use Change, from Agricultural to Commercial for short-term rental of cabins.

For Powell’s application, Culliton said he had originally requested a minor subdivision of 37.64 acres into five lots of various sizes. It is described as Northwest Quarter (N ½ NW ¼) lying South of Rimrock Drive (CR15-35), Section 23, Township 42 North, Range 95 West. Four lots to be residential and the westernmost lot to be commercial for a future short-term rental. 

However, at the time of the LUPC meeting, Powell removed the request for the land use change to commercial. Therefore, the 37.64 acres would be five residential lots of various sizes.

Chairman Adam Estenson asked for public comments and none were given. The LUPC discussed the application and did not find any concerning matters after going through their checklists. They voted and passed the approval to recommend the land-use change for all five lots and a minor subdivision from Agricultural to Residential. The application will go before the Hot Springs County Commissioners (HSCC) on February 20.

Culliton then brought the Porath application before the commission. Their property is in the Wind River Canyon and described as a 12.3 acre portion of the SE quarter of the NE quarter of Section 15, Township 6 North, Range 6 East. Fronting on the east side of Highway 20 S, approximately 2.8 miles north of the Fremont County Line, it is addressed as 1263 Highway 20 S. Porath requested that the entire 12.3 acres have a land use change to commercial.

Regarding the site history, this property originally held two structures, which were removed by the applicants several years ago. The pre-existing water system and septic system were retained, and the applicants propose to use them for the toilet and laundry facilities serving the cabins. The property also contains two cabins for the personal use of the owners and their daughter, a water treatment shed, a storage shed, and an RV trailer; these are not proposed as rentals and are not part of this application. 

The Porath originally filed an application with the LUPC in 2021 and received some concerns from neighbors at that time. The Poraths withdrew their application in 2021 and are now resubmitting.

Chairman Adam Estenson asked for public comments and none were given. During a discussion between Daniel Porath and the LUPC, they discussed how and where the surface water was provided to occupants of the property. Porath said it comes from the Axtel Creek from above the canyon’s rim and it is filtered and used as a communal bathroom, which is not attached to the dry cabins.

The discussion with the LUPC and Porath continued where the maximum number of cabins would be described in the conditions of the application. Porath said that he was told the property could have as many as nine cabins. However, Porath and the LUPC dropped the number for the property to have up to seven cabins instead. The amount of up to seven cabins would potentially aid the approval of the application by the HSCC due to concerns about parking congestion and the capacity for the septic tank.

Porath will also have a meeting with WYDOT regarding the access from the highway to the property as they are appealing a denial. The general anticipation is that Porath will succeed in their appeal and be granted commercial access from WYDOT.

The LUPC completed their checklists and voted and passed the approval to recommend the land-use change from Agricultural to Commercial for up to seven cabins on the property as short-term rentals to the HSCC on February 20.