On January 9, 2026, the Hearing Officer Tim Pack conducted an administrative appeal hearing regarding the zoning administrator's classification of a residential parcel at 12640 S Relation Street as a "corner lot" versus the appellants' claim that it remains an "interior lot." The central dispute concerns whether the creation of a street (June Circle) in the 2000 Baker's Cove subdivision automatically converted the parcel, and whether the City's interpretation aligns with Draper City Code Title IX and Title 17 requirements for developability and uniform application.
Jenna Eyre and Michael Eyre (Appellants/Sponsor):
Spencer Duchenne (Assistant City Attorney):
Jennifer Destromski (Community Development Director) & City Staff:
Application of Title 17 vs. Title IX:
Uniformity and Arbitrary Action:
Reasonable Redevelopment and Non-Conformity:
Okay. Are we on the record? We are on the record. Okay. Today is Friday, January 9th, 2026. I am the hearing officer, uh, Tim Pack. Uh first item on the agenda is the approval of the minutes from our September 23, 2025 meeting. I have reviewed those minutes. Uh I approve those minutes. Next item on our agenda is the uh the 12 uh 12640 South Relation Street appeal um filed by the IRS. Did I say that right? Yeah. Air. I apologize. By the airs. Okay. Are we ready to proceed? Okay. Well, um, it's your appeal. I invite you to the podium and make your presentation. I have reviewed all the materials. I might have some questions for you. This is awkward too big. Uh were you is that what you were doing? That's what I was trying to do, but whatever your yeah, I'd love to say your next man. That's whatever you're more comfortable with. I understand. And if there's something you want me to look at, all the materials are I have a screen here, whatever is up there. Great. We can put anything up. So understanding that, if you as I go through this, if there's anything that you have questions on, please feel free to stop me and we can discuss and open it up further. Okay. We address the city's appeal response and the zoning administrators' interpretation based on the existing records. The points below are rebuttal explaining why the city's reasoning cannot be sustained under Draper's Code and Utah Administrative Law Review. As stated in the city's error appeal response in section 3A, quote, the appellant must show that the zoning administrator's interpretation was arbitrary and capricious, which means a failure to meet the substantial evidence standard. To demonstrate that the administrator's interpretation was arbitrary arbitrary and capricious, failure to meet substantial evidence standard or stated differently, lacking a rational basis and failing to consider relevant factors, and is the legal standard used to challenge administrative agency actions. I will be presenting three points. The subdivision approval as implemented did not satisfy those standards and should not have been approved in its current form. Therefore, the parcel's lawful classification should remain interior lot status unless and until the city identifies a code mechanism that lawfully converts it while satisfying Title 17's mandatory standards. Uniform application. The requested relief here is given the city's interpretation was arbitrary and capricious. We are requesting that the corner lot determination not be sustained and that the parcel be treated and recorded as an interior lot with interior lot setbacks. That is 30 feet front on Relation Street, 12 foot side yards, and 20 foot rear, and that the city's classification be reflected consistently in city records and aligned with county records so the property can be reasonably improved. Under DCMC section 9-5-180 D4, the question is whether the interpretation is supported by substantial evidence and whether it correctly applies the code's plain meaning when the code is read as a coherent whole, not in isolated fragments. Appellants do not appeal the determination that the parcel and structure are legally non-conforming. This is a code interpretation appeal, not a dispute over physical facts. To discuss section 3A of the city's air appeal response under DCMC Section 9-5-180-D4, the hearing officer decides this appeal based upon the record only and determines whether one, the record contains substantial evidence for essential findings, and two, the zoning administrator correctly interpreted interpreted and applied the land use regulations. In its response to our appeal, the city cites outfront media LLC versus Salt Lake City Corporation 2017 Utah 74, paragraph 12. There, the Utah Supreme Court distinguishes two separate bases for reversal. One, a decision is illegal if it rests on an incorrect incorrect interpretation or application of the law, and two, a decision is arbitrary and capricious if it is not supported by substantial evidence.