Cottonwood Heights appeals officer approves variance for Quicksilver Circle lot

Frank Nakamura, the appointed appeals officer for Cottonwood Heights, granted a variance on the 29th allowing Royal Coburn to build a single-family home on slopes exceeding 30% at 7568 South Quicksilver Circle, subject to 11 conditions that require geotechnical review and city engineering approvals.

Shelton Howa, speaking for the city, told the hearing that staff "does recommend approval with conditions" after analyzing the lot and municipal code requirements. Staff found that strict enforcement of Cottonwood Heights Municipal Code section 19.72.050A would create an unreasonable hardship because steep slopes greater than 30% substantially limit the buildable area of the pre-platted lot.

The property is Lot 50 of the Prospector Hills No. 6 subdivision, platted in 1978, is about 23 acres and carries an R18 (single-family residential) zoning designation. Staff noted the lot is in the city’s sensitive-lands overlay and identified slope stability and a mapped fault as site constraints. The city’s recorded analysis, citing an Intermountain Geo Environmental Services (IGS) study on slope distribution, said many of the steep areas result from earlier grading rather than entirely natural terrain.

To mitigate impacts, staff read into the record 11 conditions that must be met before construction. Key conditions include: submission of a site-specific geotechnical and slope stability report prepared by a licensed professional (condition 2); review and approval of geotechnical recommendations, grading plans and drainage facilities by the city engineer or the development review committee (condition 3); incorporation of geotechnical recommendations into final construction plans (condition 4); minimum setbacks from tops of slopes and design standards for retaining structures and slope stabilization measures (conditions 5 and 6); limits on grading and required erosion controls (condition 7); on-site stormwater retention for impervious surface within slope hazard areas (condition 8); and ongoing maintenance responsibility for drainage and slope stabilization improvements (condition 9). The variance was explicitly limited to relief from the prohibition on development on slopes exceeding 30% and does not waive other zoning requirements such as setbacks or height limits.

Applicant Royal Coburn said he had submitted an IGS study and asked whether that report would satisfy the requirement for a site-specific geotechnical report. He said he had "spent a significant amount" with IGS to ensure the project was buildable and safe. City staff and the appeals officer said the city engineer would review the study and identify any further work needed before a building permit could be issued.

Nakamura said he would prepare formal written findings and concluded on the record that the applicant had met the statutory conditions for a variance, granting the requested relief from strict enforcement of the slope prohibition. There was no formal roll-call vote recorded; the decision was issued by the hearing officer and is conditioned on compliance with the listed requirements and subsequent engineering approvals. Nakamura closed the hearing and said he would submit written findings to the city and the applicant. The meeting minutes were approved subject to any suggested changes, and the hearing adjourned.

What happens next: before any building permit is issued the applicant must obtain an approved geotechnical report and any necessary approvals from the city engineer or development review committee; Nakamura will issue written findings formalizing the decision.