KSL INVESTIGATES

Draper City: Building laws make it hard to say ‘no’ to risky development

Apr 24, 2023, 11:15 PM | Updated: 11:16 pm

DRAPER, Utah — Those looking at the site where two Draper homes collapsed down the hillside have asked: why would the city allow homes to be built there?

It seems clear to the untrained eye that building on a steep mountainside might not be the best idea. Draper’s city code agrees.

Draper has some of the strictest building code in Utah due to the number of geological hazards present within city boundaries.

“Our code says you can’t build on something that’s more than 30% slope,” explained David Dobbins, Draper City’s manager. “But… recognizing property rights… if you can mitigate the concern of building on that slope, and you can do it in a way that meets our requirements, then we allow them to do that.”

That’s what happened in a March 2016 planning commission meeting, where Edge Homes requested a deviation to build on 43 lots that had a slope of 30% or steeper.

The Draper planning commission approved the deviation in a 4-1 vote. Included in those lots were the Kamradts’ home and the Kimbles’ home, which both collapsed down the slope on April 22.

Owner of one of two Draper homes that slid never expected it would really happen

“Utah is a property rights state,” Dobbins said. “If you have property, you have a right to use it.”

Dobbins said there was a reason for that exception given to Edge Homes — if the city tells someone they can’t develop their own property, taxpayers could end up footing the bill for the property.

“We have people who have built on fault lines and debris flow areas,” Dobbins said. “And as a city, our first reaction is just to say no, don’t do it. It’s not a good idea. But then they come and say, well, you’ve devalued my land, because now I can’t develop it. I can’t sell it.”

“Because we have requirements in place, and if they’ve met those, then we essentially have to allow them, or as a city, we have to compensate them for that land,” Dobbins continued.

What he described is called regulatory takings. It falls under the fifth amendment of the U.S. Constitution, and happens when government regulation limits the use of private property to a degree it no longer has value.

In these cases, the government would have to pay the landowner for the value of the land.

To avoid that, Dobbins said they try to make sure the developer follows building code by mitigating geological hazards to build safely.

“So that we don’t get into a situation where we’re buying everyone’s property, we say you can build as long as you mitigate it, and that’s what happened in this case,” he said.

Dobbins said they reviewed the Hidden Valley Estates plans for a year before approval, going back and forth for clarification on geotechnical investigation reports, and consulting with a third party engineer before the plans met the city’s standards.

Now, the city has its own team investigating what went wrong.

“We want to make sure that those homes are safe,” Dobbins said. “We have a team of engineers and consultants that are looking at how to stabilize the existing walls of that collapsed area right now.”

Have you experienced something you think just isn’t right? The KSL Investigators want to help. Submit your tip at investigates@ksl.com or 385-707-6153 so we can get working for you.

KSL Investigates

...

Daniella Rivera and Annie Knox

KSL Truth Test: AI bots, ballots and the best sources for reliable election information

How accurate is AI when it comes to helping you cast your vote in an election? The KSL Investigators put popular AI bots to the test.

19 hours ago

(FILE) A man working on a car with the hood lifted up....

Matt Gephardt and Sloan Schrage, KSL TV

What you should know about extended car warranties and how to fight denials

One after another, the KSL Investigators heard from Utahns who paid monthly for an extended auto warranty but have not had a smooth ride in their repairs covered.

5 days ago

After a Millcreek man was denied by his car warranty company for thousands in dollars of repairs to...

Matt Gephardt and Sloan Schrage

Get Gephardt: Car warranty company refuses to pay for repairs costing Millcreek man thousands of dollars

After a Millcreek man was denied by his car warranty company for thousands of dollars in repairs to his vehicle, he decided it was time to Get Gephardt.

6 days ago

The Black Magic Asphalt logo on documents that were exchanged with El Cholo’s Manuel Jacquez....

Matt Gephardt and Sloan Schrage, KSL TV

Get Gephardt helps man who says contractor turned his payment guarantee into a double payment

The El Cholo Restaurant hired a crew to reseal their parking lot, costing $4,600. Despite promises of a refund, the credit card charge remained, and interest accrued. Here's how the KSL Investigators resolved the issue.

7 days ago

hands taping up luggage - shipping your luggage...

Matt Gephardt

Can you save money by shipping your luggage instead of checking it?

KSL’s inflation buster Matt Gephardt tests whether shipping your luggage to your destination ahead of your trip can save you time and money.

8 days ago

A list of apps that have subscriptions....

Matt Gephardt

How to spot costly subscription creep and stop it

Subscriptions to streaming services and other apps can start draining the wallet, if you aren't paying attention to price increases.

12 days ago

Sponsored Articles

Electrician repairing ceiling fan with lamps indoors...

Lighting Design

Stay cool this summer with ceiling fans

When used correctly, ceiling fans help circulate cool and warm air. They can also help you save on utilities.

Side view at diverse group of children sitting in row at school classroom and using laptops...

PC Laptops

5 Internet Safety Tips for Kids

Read these tips about internet safety for kids so that your children can use this tool for learning and discovery in positive ways.

Women hold card for scanning key card to access Photocopier Security system concept...

Les Olson

Why Printer Security Should Be Top of Mind for Your Business

Connected printers have vulnerable endpoints that are an easy target for cyber thieves. Protect your business with these tips.

Modern chandelier hanging from a white slanted ceiling with windows in the backgruond...

Lighting Design

Light Up Your Home With These Top Lighting Trends for 2024

Check out the latest lighting design trends for 2024 and tips on how you can incorporate them into your home.

Technician woman fixing hardware of desktop computer. Close up....

PC Laptops

Tips for Hassle-Free Computer Repairs

Experiencing a glitch in your computer can be frustrating, but with these tips you can have your computer repaired without the stress.

Close up of finger on keyboard button with number 11 logo...

PC Laptops

7 Reasons Why You Should Upgrade Your Laptop to Windows 11

Explore the benefits of upgrading to Windows 11 for a smoother, more secure, and feature-packed computing experience.

Draper City: Building laws make it hard to say ‘no’ to risky development