Branin land use change request tabled

Hot Springs County’s Land Use Planning Commission met last week to consider a land use change from residential to commercial on a plot of land near Kirby Creek.

The land in question is owned by Leslie Branin on the northeast side of East River Road. Branin built a duplex on the property that is advertised as “cabins” for short-term rental, otherwise known as the Kirby Creek Cabins.

Branin had the cabins built, held a grand opening and has rented them out occasionally before asking for the land use change.

In addition to the cabins, Branin has two RV spaces available for rent and has plans for a grassy area on the land, which amounts to approximately an acre and a half of buildable ground, for tent camping as well as a second duplex.

There is an additional portion of the lot that is just over a half-acre in size where Branin plans to build her personal residence.

Although the entire lot is about six acres, a majority of it falls on the flood plain for Kirby Creek, eliminating its use for building.

Branin suggested to County Planner Bo Bowman that the area, when completed, would be run like a bed and breakfast type facility, however, bed and breakfasts are generally within residential areas and are a home with rooms to rent within the residence.

The problem is, the cabins fall under one set of permitting requirements while the RV spaces and tent camping area fall under a completely different set of requirements.

The planning commission is not happy that Branin went ahead with her plans and has begun renting out the cabins without first getting the proper permitting and land use change.

Planning commission member Roger Shaynor likened the situation to going fishing, and just as you’re loading your catch into your cooler the game warden shows up and you tell him, “Oh, I’m going to go get my license now.”

Dee Hillberry, the man who sold Branin the property, is not happy either as he was told it was going to be a private residence.

“I’m not very happy with this being a pocket of commercial in the middle of residential and agricultural land,” Hillberry said. “I don’t think it’s advisable to have the pockets of commercial in the midst of things.”

The planning commission took no action on the land use change request, but instead, sent it back to Branin for further clarification on her entire plan. Once that is in place they can then make a determination if the land use change should be granted or not.