The question was posed to KSL Investigators: How could Draper allow development on hazardous land? It turns out, saying no is a difficult option.
two Draper homes collapsedIt seems clear to the untrained eye that building on a steep mountainside might not be the best idea. Draper's city code agrees.
"Our code says you can't build on something that's more than 30% slope," explained David Dobbins, Draper's city 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."
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.Utah is a property rights state. 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.
"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.
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