Draper Appeals and Variance Hearing Officer Meeting - September 23, 2025
Draper Appeals and Variance Hearing Officer Meeting - September 23, 2025
The Draper Appeals and Variance Hearing Officer, Tim Pack, convened a public hearing on September 23, 2025, at 11:00 AM in the Council Chambers at 1020 E Pioneer Rd. The hearing addressed the approval of prior meeting minutes and a variance application from the Rohr family. After presentations and deliberation, the officer deferred a written decision.
Consent Calendar
- Unanimously approved the minutes of the March 25, 2025 hearing.
Discussion Items
- Rohr Family ADU Variance Request (Application 2025-0183-VAR): The applicants, Bob and Ellen Rohr, sought a variance to reduce the minimum rear setback from 20 feet to 15 feet 3 inches (60 inches less) for a detached accessory dwelling unit (ADU) at 763 West 11560 South in the RA1 zone. The ADU would be carved out of an existing two-year-old shop/garage that already sits 14 feet 3 inches from the north property line. The applicants argued that compliance would be cost-prohibitive due to thick concrete walls built into a slope, risk of damaging an irrigation culvert behind the structure, increased mudslide potential during construction, and environmental waste. They emphasized minimal neighborhood impact, citing an 8-foot wall and trees between their property and Sports City, supportive neighbors, and the goal of multi-generational aging in place.
City staff, represented by Community Development Director Jennifer Jastremsky and Planning Manager Todd Draper, opposed the variance. Staff argued that the hardship was purely economic and self-imposed (the building was constructed knowing the setback requirement). They asserted that variances require extraordinary facts and must meet all five statutory criteria, which the applicant failed to demonstrate. Granting this variance could set a precedent for less sympathetic future uses (e.g., short-term rentals) and erode uniform enforcement of the city's land use ordinances.
Key Outcomes
- The hearing officer concluded the public hearing and stated he would issue a written decision by Friday, September 26, 2025 (or possibly Monday, September 29). No immediate ruling was made.
- The applicants were advised of the option to propose an interior wall at the 20-foot setback line to contain the ADU within compliance, but they expressed concern about losing storage space.
- No votes were taken; the decision rests with the hearing officer alone.
Meeting Transcript
Okay. Well, welcome everyone. The first item on our agenda is the approval of the minutes of the March 25th, 2025 hearing. I've reviewed those. Is it on? Yes. A little closer. I've reviewed those minutes and those are approved. Next item is the variance application filed by the Roar family. Did I say that correctly? Okay. I've uh well, first let's um let's all make our appearances so we know who's at this hearing. Uh I am the uh appeals and variance hearing officer. My name is Tim Pack. Um would each of you like to make your appearance, come to the microphone, say your name so it we pick it up on our record. My name is Ellen Rohr. I'm the co-applicant. Welcome. Um Bob Rohr, Norwegi to Ellen Rohr. Welcome. And I'm Max Roar, the son. Welcome, thank you. And uh from the city. Yes, um, Jennifer Doshremski, community development director. Todd Draper, planning manager, Spencer Duchesne, Assistant City Attorney for the City and Council, Paul Gauman, planning coordinator. Okay, welcome everybody. All right, well, let's begin. Again, like I've said, I've read all the materials from you and and from the city. Um if you have a presentation to make, if you'd like to say anything, now is the time. Feel free and go ahead. Yeah, please come to the podium. Um if you want to refer to any of the submissions documents, maps. Max can drive. So basically, we are um uh a couple who want to age in place, and we have discussed with our son and his wife and daughter that perhaps a really great way for us to carry on as a family as we get older is to create an ADU situation on our property. It's just about an acre in Draper, Utah, and that's uh that's represented on the map here. Can we zoom in on that? And so um uh you know, we we uh did consult with uh Ben Lieberman's group, so we did have some counsel um uh can uh look over our application with us, you know, to make sure we understood the the rules and made a good case for the the variants. I think the main points I appreciate you having looked through our packet and feel free to answer any questions for us. I think the main um points that we want to make is that our overall impact on the neighborhood will be minimal, and that really the ADU laws are a great idea and a good way to develop with the Draper community so we can keep our family together and intact on our property. And I think some of the concerns that you might have as far as issuing a variance would be the impact on the neighborhood. And this is a good map to show that behind us is sports city, and there is an eight-foot wall between us and sports city, and then trees that block really the view, except for the very top of where that building already exists for sports city, and they've been great neighbors, and we love having you know the sounds of children, and there's the ward. I mean, it's a nice neighborhood construct right now, and we don't think that this ADU would be imposing any unnecessary strain on our neighbors. Also, our neighbors are wonderful, all in one of them is here, Barb is our our neighbor to the right there on the picture to the east of us. That's uh Barb Olson and her husband, and then the other neighbors are the ORs, our family vet, and Marty and uh Brandy had to work today, so they couldn't be here. But we have the roar understanding. The oars, the oars and the roars live next to each other, yeah. And so uh, you know, they're uh wonderful neighbors. Thanks, Barb, for the show of support today. And uh, you know, we appreciate the neighborhood and the cul-de-sac and the area that we've got here, and we think this is a respectful application. The um variance is really only 60 inches off the 20 feet required, and so you know it's uh we're hoping that that's a tolerable variance for the for the planning commission.
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