07/12/2005 - Minutes PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DULY 12 , 2005
The City Council of Salt Lake City, Utah, met in Regular Session on Tuesday, July 12,
2005 at 7:00 p.m. in Room 315, City Council Chambers, City County Building, 451 South
State.
The following Council Members were present:
Carlton Christensen Van Turner Jill Remington Love
Eric Jergensen Dave Buhler Nancy Saxton
Dale Lambert
Cindy Gust-Jenson, Executive Council Director; Sam Guevara, Mayor' s Chief of Staff;
Edwin Rutan, City Attorney; and Beverly Jones, Deputy City Recorder, were present.
Councilmember Lambert presided at and Councilmember Love conducted the meeting.
#1. The Council led the Pledge of Allegiance
#2. Consider adopting a joint resolution relating to Japan Town. View Attachment
Councilmember Jergensen moved and Councilmember Turner seconded to adopt Resolution 50
of 2005, which motion carried, all members voted aye.
(R 05-1)
PUBLIC HEARING
#1. RE: Accept public comment and consider adopting an ordinance establishing
Section 21A.34.120 of the Salt Lake City Code relating to the Yalecrest Compatible Infill
Overlay District pursuant to Petition No. 400-02-34. View Attachment
The following people spoke or submitted speaker cards in support of the proposed
ordinance: Bob Sperling; June Taylor; Scott Dwire; Sally Patrick; Ed Glashien; Virginia
Hylton; Beth Bowman; Lisette Gibson; Bee Lufkin; David Gibson; George Kelner; Sarah
Patrick; Rob White; Dick Creager; Madsen Ever; Jon Dewey; Jim Defa; Kody Wallace; Eric
McCune; Kirk Huffaker; Warren Lloyd; Jeff Edwards; Rod Minister; Kent Alderman; Shane
Carlson; Karen McCreary; Sarah George; Matt Finnigan; Brian Stevens; Diane Curtz; Susan
Webster; Hugh and Jan Gillilan; Jonathan Hermance; Susan Hermance; Laura Hansen and Jackie
Solon.
The following people spoke or submitted speaker cards in opposition of the proposed
ordinance: Lisa Nichols; Kathy Dudley; Phillip Nichols; David Darley; Paul Sharp; Crelley
MacKey; Ronald Molen and Brett Neuberger.
The following people submitted cards but did not wish to speak: Chris LaTour;
Cathleen Kelner; Tanya and Rick Johnson.
Councilmember Saxton moved and Councilmember Buhler seconded to close the public
hearing, which motion carried, all members voted aye.
Councilmember Saxton asked Joel Paterson, Senior Planner, Preservation and Urban
Design, to address the garage issue on 900 South. Mr. Paterson said as in any zone in
Salt Lake City there was a process that went through the Board of Adjustment to gain
relief from property hardships.
Mr. Paterson said that did not guarantee that everyone on 900 South would get a
garage approved. He said the Board had to review every proposal based on State law,
standards and the zoning ordinance. He said there was a process written into the proposed
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
TUESDAY, DULY 12 , 2005
Yalecrest Compatible Infill (YCI) Overlay Zone which allowed a special exception similar
to a variance. He said the Board would use different standards to allow a garage to be
built in front of a house. He said there were standards in the proposal which would
limit a garage from being built in front of the house. He said there were also specific
standards which would under certain circumstances allow a garage to be built forward of
the front line of the house.
Mr. Paterson said the special exception process did require that the garage meet
all required setbacks. He said many of the homes on 900 South could not meet that because
the garage would have to be setback beyond the front setback requirement.
Councilmember Jergensen asked if the special exception process still allowed a
garage to be built. Mr. Paterson said there was a standard in the proposal that if there
was an existing garage in front of the front line of the house that garage could be
replaced in the same footprint. He said there was also a special topographical exception
process which allowed garages to be built into hillsides. He said side and rear yards
could not be accessed for parking.
Councilmember Buhler asked how the homeowners on 900 South would be affected by
the proposed ordinance. Mr. Paterson said many of the properties all ready had issues
under the current ordinance and would not be able to build a detached garage in front of
the house because of setback requirements. He said the YCI did add new standards for
garages such as the height of the door and placement of the garage.
Councilmember Buhler moved and Councilmember Lambert seconded to adopt the revised
Ordinance 44 of 2005.
Councilmember Buhler said the revised ordinance added Section H at the end making
the proposal clearer by stating that a homeowner could apply for a variance or a special
exception. He said the section described what that process was through the Board of
Adjustment and what the Board would need to consider a special exception or variance. He
said that section needed to be clear to people who might have difficult circumstances
due to no fault of their own but because of the configuration of their lot.
Councilmember Buhler said the proposed ordinance would not stop people from
improving their property or from tearing down an existing house and building a new one.
He said it protected the rights of the person living next door by not allowing their
neighbor to infringe on their property values.
Councilmember Lambert said preserving neighborhoods remained an important concept
and the City needed to allow restoration of neighborhoods. He said reasonable remodeling
or rebuilds needed to be accommodated so that families would continue to stay in Salt
Lake City. He said the proposed ordinance preserved a neighborhood but still allowed
its growth and restoration.
Councilmember Saxton said she would support the proposed ordinance and hoped that
it would continue to move through the City.
Councilmember Christensen said this proposal added a reasonable balance to the
process. He said there might need to be changes in the future.
Councilmember Jergensen said this was a start in the right direction. He said he
appreciated the community's involvement. He said he hoped the Council could move forward
with other areas of the community.
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PROCEEDINGS OF THE CITY COUNCIL OF SALT LAKE CITY, UTAH
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Councilmember Love said every neighborhood around Yalecrest was anxiously waiting
a proposal for their neighborhood.
Councilmember Love called for the question, which motion carried, all members voted aye.
(P 05-13)
COMMENTS TO THE CITY COUNCIL
Bob Fisher spoke about low rent housing.
UNFINISHED BUSINESS
#1. RE: Adopting a resolution of the City Council of Salt Lake City, Utah, appointing
a Board of Equalization and Review for Salt Lake City, Utah Rose Park Special Improvement
District (The "District") ; setting the dates for the Board of Equalization to hear and
consider objections and corrections to any proposed assessments; authorizing the City
Recorder to publish and mail a notice of meetings of the Board of Equalization and Review;
and related matters. View Attachment
Councilmember Christensen moved and Councilmember Turner seconded to adopt
Resolution 49 of 2005, which motion carried, all members voted aye.
(Q 04-3)
#2. RE: Setting the date of August 23, 2005 at 7:00 p.m. to accept public comment
and consider one or more ordinances adopting and ratifying the rate of tax levy upon all
real and personal property within Salt Lake City made taxable by law for Fiscal Year
2005-2006. (Truth in Taxation Hearing) View Attachment
a) Special Library Fund levy to be used for repayment of court ordered judgments; and
b) General Obligation bond levy to be used for repayment of court ordered judgments.
Councilmember Lambert moved and Councilmember Jergensen seconded to set the date,
which motion carried, all members voted aye.
(H 05-4)
CONSENT AGENDA
Councilmember Jergensen moved and Councilmember Lambert seconded to approve the
Consent Agenda, which motion carried, all members voted aye.
#1. RE: Setting the date of August 9, 2005 at 7:00 p.m. to accept public comment and
consider adopting an ordinance rezoning properties generally located at 850, 854, and
858 Edison Street from Special Development Pattern Residential (SR-3) to Downtown Support
(D-2) and amending the Central Community Development Plan pursuant to Petition No. 400-
04-37. (Victor Kimball)
(Q 05-7)
#2. RE: Approving the appointment of Bryan Case to the Housing and Appeals Board
for a term extending through December 31, 2008.
(I 05-6)
The meeting adjourned at 8:56 p.m.
bj
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