OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Draper Appeals and Variance Hearing Officer Meeting - September 23, 2025

Meeting PortalTuesday, September 23, 2025
BodyDraper, Utah
SessionMeeting Portal
DateTuesday, September 23, 2025
StatusFILED
Video Record
0:00 / 37:14

Transcript — Verbatim
0:03

Okay.

0:04

Well, welcome everyone.

0:06

The first item on our agenda is the approval of the minutes of the March 25th, 2025 hearing.

0:14

I've reviewed those.

0:17

Is it on?

0:18

Yes.

0:19

A little closer.

0:20

I've reviewed those minutes and those are approved.

0:27

Next item is the variance application filed by the Roar family.

0:35

Did I say that correctly?

0:37

Okay.

0:39

I've uh well, first let's um let's all make our appearances so we know who's at this hearing.

0:46

Uh I am the uh appeals and variance hearing officer.

0:49

My name is Tim Pack.

0:51

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.

1:06

My name is Ellen Rohr.

1:09

I'm the co-applicant.

1:11

Welcome.

1:14

Um Bob Rohr, Norwegi to Ellen Rohr.

1:18

Welcome.

1:19

And I'm Max Roar, the son.

1:22

Welcome, thank you.

1:24

And uh from the city.

1:27

Yes, um, Jennifer Doshremski, community development director.

1:31

Todd Draper, planning manager, Spencer Duchesne, Assistant City Attorney for the City and Council, Paul Gauman, planning coordinator.

1:42

Okay, welcome everybody.

1:44

All right, well, let's begin.

1:46

Again, like I've said, I've read all the materials from you and and from the city.

1:50

Um if you have a presentation to make, if you'd like to say anything, now is the time.

1:58

Feel free and go ahead.

1:59

Yeah, please come to the podium.

2:00

Um if you want to refer to any of the submissions documents, maps.

2:05

Max can drive.

2:07

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.

2:28

It's just about an acre in Draper, Utah, and that's uh that's represented on the map here.

2:34

Can we zoom in on that?

2:39

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.

3:00

I think the main points I appreciate you having looked through our packet and feel free to answer any questions for us.

3:07

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.

3:25

And I think some of the concerns that you might have as far as issuing a variance would be the impact on the neighborhood.

3:31

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.

3:53

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.

4:03

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.

4:11

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.

4:21

But we have the roar understanding.

4:25

The oars, the oars and the roars live next to each other, yeah.

4:28

And so uh, you know, they're uh wonderful neighbors.

4:31

Thanks, Barb, for the show of support today.

4:34

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.

4:42

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.

4:56

And uh that's really the the uh the points I wanted to underline today.

5:00

know they're uh wonderful neighbor 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 a tolerable variance for the for the planning commission and uh that's really the the it the points I wanted to underline today um and if you have any uh other questions um you know we have the the answers to your questions we have a a letter that kind of explains the overall situation but this will allow our family to stay close take care of each other and age in place as part of the draper community long term okay yeah so I do have some questions so in in the back of the property is that a is that a a garage or a workshop what what is the current structure yeah the current structure what happened is we applied originally for an ADU and we were declined and we already had an existing um garage there for the last three four years that yeah and so currently we have a permit to just improve the appearance of the garage but that's when we realized that oh we could apply for a variance and get an ADU so the intention is to leave one half of the building the western side of the building as a garage and then make the right hand side or the eastern side of the building that would be the ADU and that's for which we have submitted those plans.

6:11

Okay so it would be one building and then the one side's the ADU and the other side is the garage.

6:18

So the the structure on the on the east half you're gonna tear down no just build within it build within it so you can expand the footprint or just build within it just build within it yeah so right now it's all shop we're gonna move the shop all to the one western side and then we're gonna build within it on that footprint.

6:40

And then the the northeast corner of that structure what is the distance between that point and that boundary line the north boundary line do you see where his mouth is hot rod do you know how many feet that is the northeast corner northeast is probably about 20 I don't know if we can put that on or it's well behind the 20 foot yeah that's way because it's kind of it's tipped a little bit there the northwest corner of the new project oh perfect 14 feet three inches I see so it says existing shop and new project but all of that footprint is on that property currently the new project is just to redo the inside okay um so the the portion of the new project is it is it possible to build that within the 20 foot setback not without taking out the foundation that's the problem is the it would require taking down a really viable building you'd have to redo the the footings and the and the it would just be cost prohibitive and and seems unnecessary given the the overall structure and even see that variance that fence from sports city is another six feet beyond that now technically that's the property line in the easement and sports city built their fence on their property set back from the easement line but there is more there's actually more room back there behind the the shop than indicated that's just the legal description just for another bit of nuance.

8:29

Okay so other than that being you said it's cost prohibitive have you looked at the cost of doing that do you know if it's actually cost prohibitive it would require taking the building down like shaving the building off and then moving it the building the the one that says new project is actually built into the ground so it's it's almost like Bob can you can you speak in the mic yeah thanks so the one that says new project if you look at the east wall the wall on the right and the wall on the back that's like eight feet tall concrete wall so it's this a lot slopes from the east to the west so it's built kind of into the ground I mean if it was just framed on top it'd be fairly easy to move but I mean there were 10 inch thick walls it's a massive wall because it had to be engineered to hold the uh the dirt on the two sides I don't know if we've got a picture of the so yeah so moving it would be a major so right here this is like the the property is built up right there and there's a con there's concrete all around it but then there's also a five foot stone wall that comes around on this side to keep the top of the property level and that's where we have the lawn and the garden.

10:00

If I go back to this, just see how this is here.

10:04

So there's a rock wall right there, and then this is gravel, and then this is grass, but that's all up against the building.

10:14

So the building is kind of built into that embankment on this side, and this area is elevated on the property.

10:22

Yeah.

Discussion Breakdown — Share of Meeting
Land Use Regulation█████████████████████████████████████████████95%
Water And Wastewater Management3%
Short Term Rentals2%
Summary of Proceedings

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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