Hearing on variance to build on steep slope continued after notice error

Cottonwood Heights appeals hearing officer Frank Nacker continued a variance request from property owner Royal Coburn for 7568 South Quicksilver Circle to April 29, 2026, at 10:00 a.m., after a participant objected that the meeting agenda had not been posted on the state public notice website as required under the Utah Open Meetings Act.

The variance (project AH26-002) would allow development on slopes greater than 30% within a lot mapped in the city's sensitive lands overlay. A city staff member told the hearing that the lot, platted as part of Prospector Hills No. 6, is zoned R18 single-family residential and that mapped hazards include slope-stability constraints and a mapped fault area. "Staff does recommend approval with conditions," the staff member said, arguing that a site-specific geotechnical analysis and mitigation could protect public safety while permitting reasonable residential use.

The staff presentation said the lot is largely encumbered by slopes exceeding 30% and that the proposed building footprint effectively crosses those steep areas. Staff recommended approval on the grounds that literal enforcement would cause an unreasonable hardship, citing the lot's pre-plat status and the distribution of steep slopes. The staff reading listed 11 conditions, chief among them: full compliance with the city's sensitive-lands requirements; a site-specific geotechnical and slope-stability report prepared by a licensed professional before building permits are issued; city engineer and Development Review Committee approval of geotechnical and grading plans; implementation and long-term maintenance of slope-stabilization and drainage measures; limits on grading and retaining-wall design; and on-site stormwater mitigation for impervious area in the hazard zone.

Royal Coburn told the hearing that his engineering team has produced stamped plans and a letter asserting the home is buildable and safe. Coburn said historical work on the lot dating to 1999 removed or reshaped terrain and that, in his engineers' view, many of the slopes now mapped as exceeding 30% are the result of earlier, man-made grading: "The slopes that exceed 30% were completely man-made," he said.

A procedural objection followed. Mr. Nakamura (who identified himself only by name in the record) said the agenda had not been posted on the state public notice website, a notice required under the Utah Open Meetings Act. He told the hearing that although mailed notices had gone to nearby residents, failure to post online could render the meeting noncompliant. The hearing officer and participants discussed options including a 24-hour posting and reconvening the next day; the applicant noted travel constraints. To avoid a potential Open Meetings Act violation, Nacker announced that, because the required posting had not occurred, the panel would continue the item to April 29 at 10:00 a.m.

No formal vote on the variance was taken at the April 8 session. The record will include the applicant's materials (narrative, plans, and a geotechnical study by Inter Mountain Geo Environmental Services), the staff report and the conditions read into the record; staff said the recommended conditions would remain binding on any future approval. The continuance was recorded on the public record and the hearing adjourned.

The item is scheduled to reconvene April 29, 2026, at 10:00 a.m.; staff and the applicant will return with any updated geotechnical documentation and the city will post the required public notice.