Okay, so the recording has started. So Mark, you will need to read off that written determination that's on the agenda for the record. And then we can start the hearing. We do have Mary Ann Pickering, who's the staff member on this application, prepared to provide a presentation on the request. And then Brad Larkin, the applicant, is here as well. Okay. First, I do want to note today's date is Tuesday, September 22nd, the year 2020. We're scheduled to commence at 2 p.m., and I believe it is 2 p.m. or just a minute or two after. This is in regards to the application by Mr. Brad Larkin. And that's in regard to application variance 2019-2020. As referenced, I want to read this written determination as regards to us holding a hearing via Zoom rather than in person at the city offices in Draper. And I'll just read the whole thing. It's dated September 4, 2020. Pursuant to Utah code annotated 52-4-207, subsection 4, I, Mark Kleinfeld, the Draper City Appeals and Variants Hearing Officer, do hereby determine conducting an electronic meeting of the Draper City Appeals and Variants Hearing Officer with an anchored location presents a substantial risk to the health and safety of those who may be present at the anchored location and hereby authorize the Draper City Appeals and Variants Hearing Officers conduct electronic meetings without an anchored location. The following determination is based on the following facts. Federal, state, and local leaders, including the Jaipur City Mayor and City Council, have all recognized a global pandemic caused by the spread of the COVID-19 virus. COVID-19 cases and related hospitalizations in Salt Lake County and Draper continue at rates which pose a risk of overburdening the local healthcare system. It is difficult, if not impossible, to predict the number of attendees at any meeting to manage issues regarding social distancing in order to comply with state phase guidelines. COVID-19 poses a continuing and immediate threat to the health, safety and welfare of Draper City residents. The city has the technological capability to provide means by which the public may hear or view, may view, excuse me, may hear or view and hear the open portions of the meeting and to participate in public meetings. This written determination shall be included in the public notice of the Draper City Appeals and Variants during officer meetings and shall be read at the beginning of an electronic meeting held without an anchor location. The public notice of any meeting conducted pursuant to this written determination shall include information on how members of the public may hear or view and hear or make a comment at the meeting. This written determination will take effect immediately and will expire 30 days after the date written below or until we vote, whichever is earlier. This written determination shall be filed promptly with the Office of the City Recorder. And as referenced... signed by myself and dated September 4th, 2020 in anticipation of this present meeting. What I'd like to do, and I see we have some reference on Zoom meeting rules that have been posted. I'd like to kind of stick to that or utilize that but not be my whole purpose is to find out what this application is about and gather the information given everybody both sides if you will the applicant Mr. Brad Larkin and the city fair opportunity to present their positions in that regard what I'd like to do for my own edification is that whoever is present they could reference who they are and who they're representing in this present hearing. Jennifer, can you maybe either do that? I'm seeing you're hosting the meeting, as I'm understanding. Or we can have each person in turn, whatever works best. Yeah, I'll go ahead and call everybody, and then they can introduce themselves. So just to state a few staff members that are... actually at City Hall running the meeting right now. I'm Jennifer Destrubski, I'm the senior planner. We have Spencer Duchesne. Spencer Duchesne, assistant city attorney. And we have Amy Salazar. Amy Salazar is our office manager and running the recording for this meeting. We have Mary Ann Pickering. I'm Mary Ann Pickering, and I was the planner on this project. And then we have Brian Maxfield. Brian Maxfield, engineer here at the city. And Tom Draper. Tom Draper, engineering department as well. Okay, and then attending the meeting virtually, we have Christina Oliver. Christina Oliver, community development director for Draper City. And then there is the applicant, Brad Larkin. Brad Larkin, and I'm here with my wife, Lacey Moore. And then we do have a member of the public, Nyla Gregory. There we go. Nyla Gregory, just friends and neighbors of the Larkins. And that is everybody that's on the call. Okay, very good. As a reference, my name is Mark Kleinfeld, and I am the Appeals and Variants Hearing Officer who's going to hear this matter, I think. And I've gone over the paper that's involved with it, and I received that a few days ago. I think it's very complete, at least I feel it is. It gives me, I think, a good feel of what this is about. What I'd like to do, the burden, in essence, is on the applicant, yourself, Mr. Larkin. And typically, the person who has the burden goes first, tells me the reason, the basis, why they think I should grant the increase in this degree of nonconformity. I might have a few questions. I might not have any, quite honestly. I think the paperwork has given me feel and if I happen to ask you three questions and none of the city or vice versa or don't ask any questions that doesn't mean I'm excuse me leaning one way or the other those are just questions I've got but I want to after we're done that everybody feels they've had a fair opportunity to present their position my impression is this isn't going to be a long hearing but we'll stay here as long as the necessary so everybody feels they've had a fair opportunity to present the position. With that, Mr. Larkin, I'm going to let you go forward. I do have your application, if you will, where you speak to the points that are in the application form. But with that, why don't you go ahead, Mr. Larkin. All right. All right. Thanks so much for everybody's time. We very much appreciate having us organizing this and for everybody's time to attend. I know everyone's busy right now. I'll kind of tag team this with my wife as she helped me put the application together. But in summary, the main point of the project is we bought this home that was built back in 1973. When we purchased it in 2017, it was in a severe state of neglect. And so we've been trying to bring it back to its former glory as well as update it and whatnot. Part of doing so is kind of has, as you can see in the application, Somebody had tried to do a little front step on the front door, and then they made an additional concrete slab on top of that that's all wobbly and never quite worked right. And so ever since we moved into the home, it's just been kind of a nuisance in one of those things. Every time you step on the front porch, it wobbles. And then when someone comes to greet you at the front door or someone's at our front door, They have to step down and away in order for us to open the doors. The door swings outward into the small little step we have there. We've seen other homes in the neighborhood and down the street where they've modernized the exterior of the home by essentially adding a little front patio. And we've kind of fallen in love with the look of that as well as the functionality of it. And that was kind of where we set out with this whole project in the first place and just how can we make the front of our home look a little bit nicer. As well as my wife was raised in a small town in Oregon. Everyone's got front porches and we've always kind of loved the idea of being able to just hang out out front of the house and see your neighbors and whatnot. And so that was kind of the inspiration of the project is how can we do that. is we were designing kind of a front patio. It wasn't until after we designed it that we kind of discovered there was some different issues with doing so on our street with some of the setbacks and whatnot with the streets, how it was on paperwork and how it is in reality. As most people in this meeting are probably familiar with, Canyon Breeze is an older private lane So we never really expected to encounter anything, but then as we kind of encountered these different obstacles, we wanted to pursue the appropriate methods in order to hopefully come up with a solution that we can be happy with and the city can be happy with. And really what it all boils down to when it comes to adding the front patio on the front yard is currently there's already a slab of concrete there. There's already a roof overhang. Brad, you seem to have cut out. Give us just a second to make sure there isn't an issue on our end. It looks like from the Zoom meeting, it looks like you're still speaking. engineering rules and whatnot. As soon as we attach that roof line to the concrete below, it's now square footage on the home, which is where this whole meeting boils down to, to see if that is going to interrupt or interfere with anything our neighbors are doing or anything the city needs to do down the road. So really what we wanted to highlight was code and I'll let my wife point it out. Yeah. So anyways, in reviewing, and of course we, of course, started this out as a variance application, which is why our submission is written the way it is. But it appears, at least based on the Draper City Municipal Code Section 96050 Part C Subsection 2, that we can actually perform an enlarge and expansion of a nonconforming structure with approval. And the approval would appear to be granted if It's not detrimental to the community and shouldn't have an effect on traffic, doesn't negatively impact the value of nearby properties, and that public facilities wouldn't negatively be impacted either, which I guess we'll hear from our neighbors. But the intention of this was, of course, to make... our house something better to look at for the neighbors, hopefully have a positive value on nearby properties. It appears from the Engineering and Public Works Division's review that this won't have a negative impact on public facilities and services, and that it shouldn't have a negative impact on traffic. Okay, I appreciate that, Mrs. Larkin. I do have a question of you. Your husband referenced that you were raised in Oregon. Is that correct? Yes, that's true. I have a son that lives up in Oregon. I'm just curious where you lived in Oregon when you grew up. Well, I kind of lived all over the state. I spent the most time in central and eastern Oregon, but I did a stint for five or six years in the Willamette Valley as well. Where's your son from? He's right in the middle of the far side. The Riverside Fire by Estacada. Oh, yeah. Fortunately, they were spared, and they seem to have like about 25% to 30% containment of the fire now. Sadly, there were a number of spots in the state where people lost everything. Yeah. Great place to visit, great place to live. Only second to Draper. I appreciate that presentation. I believe Miss Pickering was the party that worked primarily on this, and I would assume she's going to make comments on behalf of the city. Yes, I would be happy to. On the screen, you will see the aerial with the crosshatch kind of in the center. This is the Larkin property here along Canyon Breeze. There we go. This is the land use map that shows its residential low-medium density, and here's the zoning map. You can see that the subject property is RA2, and it has RA2 on the north and east, and then to the south and west, there's RA1 zoning. This request is to increase the degree of nonconformity, as used mentioned at the front of the resident, and the applicant described how they'd like to reconstruct and enlarge that existing front porch or patio area. The existing front setback and the structure is considered legal nonconforming. And as it's noted in the staff report and described, Canyon Breeze Lane is a private right-of-way. And Section 927.150 requires that setbacks are measured from the boundary of the private right-of-way. And that causes the situation for this increase in the degree of nonconformity because the way that the property line goes to the center. The current residents, is built approximately 17 feet, just under 17 feet from the required, and the required minimum setback in this zone would be 30 feet today. And should the increase in the degree of nonconformity be allowed, the setback would eventually come out to be 9 feet 2 inches from the property line, but it would be 38 feet 2 inches from the edge of the paving on Canyon Breeze Lane, so it would still appear that it did meet the setbacks of the code. As noted by Lacey, section 9650C allows for the enlargement and expansion of a nonconforming structure and that if the increase is in the degree of nonconformity, the appeals and hearing variance officer has the authority to approve that. The zoning administrator, Jennifer Jastromski, on August 19th, did make an interpretation that this structure is a legal nonconforming structure building and that section 96050C can be considered by the appeals and hearing officer to increase that degree of nonconformity for this property. I did receive one telephone call from a neighbor who did express her support for this project and was in support of the Larkin property. Here's the site plan that shows kind of what's happening today. You can see right here if the setback was to be met it would go through a portion of the center of the residence and you can see this side here shows where the 16 feet 11 and a half inch setback is and with the proposed increase the setback here would become 9-2 to the proposed patio porch the edge of the boundary is this dashed line here that the edge of the paving is over on this side And there's another aerial for your reference. I will point out it was mentioned by Lacey Moore about the traffic. Canyon Breeze essentially ends at the end here where right between the E and A of Lone Peak Lane. It does not go all the way through. And so it essentially is a cul-de-sac. So there are very few properties to the east of the Larkin site that would be accessing Canyon Breeze Lane. So it would not have a big impact on traffic. and I'd be happy to answer any questions that Mr. Kleinfeld has. Okay, thank you for that presentation. One question that I've been having, the present cover, I guess it's covered somewhat by the home, the walkway in the front, what's the size of that slab right now? I do not have that dimension. Mr. Larkin might be able to give you that dimension. Let me pull up our application, I believe. I believe it's eight feet. It comes out of the current slab from the front of the house to the edge of the slab is eight feet. The intent of the patio is to be the same dimensions of the current concrete slab. Hopefully that's reflected in our plans that we submitted. But the intent is... maintain the eight foot uh concrete uh footprint that is existing so it's eight foot wide uh eight feet uh well i don't know uh it extends eight feet to the south towards the road currently eight feet to the south we can pull up our applications we had a side view that kind of shows that illustrates well um the current structure and what the new structure would essentially occupy the exact same space. I don't know if it's possible if someone has access to that application, but there should be a picture which might be helpful. Well, when I'm looking at some paperwork, I see reference, and I believe it is in the August 19th determination, or whether I've seen it otherwise. I get the impression that it's slab is somewhat like 75 presently 75 square feet but this proposed porch or patio whatever is 200 square feet so how do we get that where's that difference come from it might be from extending it um farther to the east and west but um as far as making it deeper since our yard is so shallow That wasn't something that was very appealing to us when we were talking to the architect, just because there is, you know, our yard is really close to the road. There's a lot of foot traffic. And so although we do want to like sit on the porch and have somewhere that's like comfortable for people to trick or treat and things like that, we want to try to maintain as much yard space as we can. Mark, if I may, this is Jennifer. In response to your question, when doing the zoning interpretation, I found that the roof itself on the home only comes out about a couple feet to create a covered walkway from the garage to the front door. It sounds like the Larkins do have a patio that's larger than that that they want to enclose. So that is that square footage difference of what the actual roof overhang is right now versus the proposed covered porch. Okay, that's helpful. I apologize, I'm up here close to the base in Layton, so if you hear some planes, that's what that is. I think I have good feel with the paperwork and what's been presented. Let me ask this. You'd like to get, I mean, if it's approved, you'd like to start on this ASAP, I'm assuming. Yes, that would be our hope. Okay. I'm hopeful that today is Tuesday, that possibly by the end of this week or... More probably the beginning of next, I will get a written determination sent out to the parties. This has been very helpful. Go ahead. Excuse me. This is Jennifer. Yeah. So this was noticed as a public hearing. Our code did call out for a hearing, and we do have somebody on the line from the public. I appreciate that, Jennifer. Is it Mrs. Gregory? Yes, we're next. We are next door neighbors to the Larson's on Canyon Breeze Lane. We've lived here longer than anybody else on Canyon Breeze Lane, except for one girl who grew up here. We've seen lots of changes and lots of people move here. And we are very happy with what the Larson's are proposing, think that it adds some diversity and would be attractive and would be an asset to our neighborhood. And that's great. That's about all we have to say. Okay. Ms. Gregory, do you live to the east or the west of the Larkins? To the west. To the west. Okay. Okay. Thank you very much. Jennifer, does anybody else come online? No, that's it. That's it. Okay. I'll give one last opportunity. to the Larkins that would like to make a closing comment and then to the city if they'd like to make a closing comment. We just appreciate everybody's time today. I think everyone kind of has a good understanding of what we're hoping to accomplish. We've had a very positive experience over the last couple months as we started this with everyone that we worked with in Graper City from the initial phone call until now. And so we just like to express our gratitude. No matter how things turn out, we appreciate everybody's time and efforts in our behalf. Thank you, Mr. Larkin. Ms. Pickering? I do not have anything further to add. Okay. Thank you very much. I want to appreciate the conciseness of everybody. With that, I'm going to close this matter. I've got 2.26 p.m. on the same day of Tuesday, September 22nd, the year 2020. Thank you. Okay, thanks, everybody. Thank you. Yes, thank you. Goodbye.