Transmittal - 2/11/2022ERIN MENDENHALL DEPARTMENT of COMMUNITY
Mayor and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.6230 FAX 801.535.6005
CITY COUNCIL TRANSMITTAL
________________________ Date Received: _________________
Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________
______________________________________________________________________________
TO: Salt Lake City Council DATE: February 10, 2022
Dan Dugan, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: PLNPCM2021-00614 – Street Vacation at 601 South 900 East
STAFF CONTACT: Aaron Barlow, Principal Planner
aaron.barlow@slcgov.com or 801-535-6182
DOCUMENT TYPE: Ordinance
RECOMMENDATION: The Planning Commission recommended that the City Council
approve the ordinance to Vacate the described portion of public street that sits in front of the
property located at approximately 601 South 900 East.
BUDGET IMPACT: If the ordinance is approved, the area in question would be sold to the
applicant at fair-market value, negotiated by the Real Estate Services Division.
BACKGROUND/DISCUSSION:
On behalf of the owners of 601 South 900 East, Justin Matkin of Parr Brown Gee & Loveless has
submitted a request for Salt Lake City to vacate (or give up public ownership of) an approximately
875 square-foot portion of public right-of-way along 600 South and 900 east that sits between the
public sidewalk and the subject property.
The area in question is an L-shaped strip of public right-of-way between the property at 601 South
900 East and the existing public sidewalk. This request would not impact the adjacent sidewalk.
The encroachment area is about five and a half feet wide and runs along the 120-foot-long north
property line facing 600 South and the 50-foot-long property line that faces 900 East. According
to the letter submitted by the applicant (included with staff’s report to the Planning Commission),
the owners of the subject property (Michael and Amy Kennedy) received a letter from the Civil
Enforcement Division asserting that the fence in the front yard encroached on the public right-of-
Lisa Shaffer (Feb 11, 2022 12:03 MST)02/11/2022
02/11/2022
Page 2 of 3
way. In that letter, the enforcement official provided them with three possible options that would
resolve the encroachment:
1. Remove the fence,
2. Enter into a lease with the City for the area, or
3. Apply for a vacation of the relevant portion and purchase the encroached area.
The property owners have directed the applicant to pursue the third option and work toward
purchasing the area of encroachment. According to the applicant, the fence in question “has been
in place for several years.” The wood fence along the north property line is currently in disrepair
and needs to be replaced. According to the applicant, the property owners cannot make the
necessary repairs until they own the encroachment area.
The Planning Commission held a public hearing on December 15, 2021, and voted unanimously
to send a favorable recommendation to the City Council regarding this request. Street Vacations
are ultimately up to the City Council’s discretion and are not controlled by any single standard.
However, in 1999, the City Council adopted a street closure policy that staff and the Planning
Commission considered when determining their recommendations. If the City Council approves
this Street Vacation petition, the area in question would be vacated, declared surplus property, and
sold to the adjacent property owners for a fair market value.
Page 3 of 3
PUBLIC PROCESS:
• Staff sent an early notification of the project to all residents and property owners located
within 300 feet of 601 South 900 East on October 7, 2021.
• Notice was also sent to the East Central Community Council Chair on October 7, 2021. Staff
did not receive an official letter, but the Chair indicated via phone that the Community Council
was supportive of Staff’s recommendation.
• Staff received three public comments. Two are included with staff’s report for the Planning
Commission. The other was received after the report was published and is included with
Exhibit 5.
• A public hearing notice was posted on City & State websites and mailed to all residents and
property owners on December 3, 2021.
• A notice sign for the public hearing was also posted at 601 South 900 East on December 3,
2021.
• The Planning Commission held a Public Hearing for this request on December 15, 2021. By
a vote of 7-0, they forwarded a positive recommendation to the City Council for the proposed
Partial Street Vacation.
PLANNING COMMISSION (PC) RECORDS
a) PC Agenda of December 15, 2021 (Click to Access)
b) PC Minutes of December 15, 2021 (Click to Access)
c) Planning Commission Staff Report of December 15, 2021 (Click to Access Report)
EXHIBITS:
1) Project Chronology
2) Notice of City Council Public Hearing
3) Original Petition
4) Comments not included with PC Staff Report
5) Mailing List
SALT LAKE CITY ORDINANCE
No. ________ of 20___
(Partial street vacation of the public right-of-way on
600 South and 900 East adjacent to the property located at 601 South 900 East)
An ordinance partially vacating the public right of way on 600 South Street and on 900
East Street adjacent to the corner property located at 601 South 900 East pursuant to Petition No.
PLNPCM2021-00614.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on December
15, 2021, to consider a request made by Justin P. Matkins (the “Applicant”) (Petition No.
PLNPCM2021-00413) on behalf of the adjacent parcel property owners, Michael P. and Amy
Kennedy (the “Owners”), to partially vacate a portion of 600 South Street and a portion of 900
East Street where they border the Owners’ property located at 601 South 900 East; and
WHEREAS, at its December 15, 2021, hearing, the planning commission voted in favor
of forwarding a positive recommendation on said petition to the Salt Lake City Council; and
WHEREAS, the Salt Lake City Council (the “city council”) held a legally notified public
hearing as per section 10-9a-208 of the Utah Code on _____________;
WHEREAS, the city council finds after holding a public hearing on this matter, that the
city’s interest in the portion of city-owned public right-of-way more particularly described on
“Exhibit A,” attached hereto and incorporated by reference, is not presently necessary for use by
the public.
WHEREAS, the city council finds that there is good cause for the vacation of the alley
and neither the public interest nor any person will be materially injured by the proposed
vacation; and
WHEREAS, the city council finds that the vacation of the alley upon the conditions set
forth herein are in the best interest of Salt Lake City.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Vacating City-Owned Right-of-Way. That a portion of 600 South Street
and a portion of 900 East Street adjacent to the property located at 601 South 900 East, which is
the subject of Petition No. PLNPCM2021-00614, and which is more particularly described in
Exhibit “A” attached hereto, hereby is, vacated.
SECTION 2. Reservations and Disclaimers. The vacation is expressly made subject to
all existing rights-of-way and easements of all public utilities of any and every description now
located on and under or over the confines of this property, and also subject to the rights of entry
thereon for the purposes of maintaining, altering, repairing, removing or rerouting said utilities,
including the city’s water and sewer facilities. Said vacation is also subject to any existing
rights-of-way or easements of private third parties.
SECTION 3. Effective Date. This Ordinance shall become effective on the date of its
first publication and shall be recorded with the Salt Lake County Recorder.
Passed by the City Council of Salt Lake City, Utah this ________ day of ___________, 20___.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor's Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 20___
Published: ______________.
EXHIBIT “A”
Legal description of property to be vacated on 600 South Street and on 900 East Street adjacent
to a corner property located at 601 South 900 East:
A PARCEL OF LAND SITUATE IN THE SOUTHWEST CORNER OF SECTION 5,
TOWNSHIP 1 SOUTH, RANGE 1 EAST, SALT LAKE BASE AND MERIDIAN, MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHWEST CORNER OF LOT 5, PLAT B, SALT LAKE
CITY SURVEY SAID POINT BEING SOUTH 0°01’05” EAST 68.36 FEET AND EAST 69.89
FEET FROM A STREET MONUMENT AT THE INTERSECTION OF 600 SOUTH STREET
AND 900 EAST STREET AND RUNNING;
THENCE SOUTH 0°00’56” EAST 48.30 FEET ALONG THE EAST LINE OF 900
EAST STREET TO AN EXISTING EAST/WEST FENCE LINE;
THENCE SOUTH 89°46’24” WEST 5.86 FEET ALONG SAID EAST/WEST FENCE
LINE TO AN EXISTING NORTH/SOUTH FENCE LINE;
THENCE NORTH 0°07’26” WEST 22.91 FEET ALONG SAID NORTH/SOUTH
FENCE LINE;
THENCE NORTH 0°53’24” EAST 30.77 FEET ALONG SAID NORTH/SOUTH
FENCE LINE TO AN EXISTING EASTERLY RUNNING FENCE LINE;
THENCE NORTH 89°48’08” EAST 127.42 FEET ALONG AND BEYOND SAID
EASTERLY RUNNING FENCE LINE;
THENCE SOUTH 0°00’56” EAST 5.71 FEET TO THE SOUTH LINE OF 600 SOUTH
STREET;
THENCE SOUTH 89°57’31” WEST 122.00 FEET ALONG THE SOUTH LINE OF
SAID 600 SOUTH STREET TO THE POINT OF BEGINNING.
CONTAINS 985 SQUARE FEET. 0.023 ACRES.
THENCE N00⁰10’33”E ALONG THE EAST LINE OF BLOCK 2 A DISTANCE OF 11.00
FEET TO THE POINT OF BEGINNING.
CONTAINS 0.18 ACRES.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Hannah Vickery, Senior City Attorney
2/3/2022
TABLE OF CONTENTS
1. PROJECT CHRONOLOGY
2. NOTICE OF CITY COUNCIL HEARING
3. ORIGINAL PETITION
4. COMMENTS NOT INCLUDED WITH PC STAFF REPORT
5. MAILING LIST
1. CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2021-00614 – Street Vacation at 601 South 900 East
June 11, 2021 Petition for Alley Vacation received by the Planning Division.
July 1, 2021 Petition assigned to Aaron Barlow, Principal Planner, for staff analysis and processing.
October 8, 2021 Notice of the project and request for comments sent to the Chairs of the East Liberty
Neighborhood Organization and the Wasatch Hollow Community Council. Notice was
also sent to owners and occupants of properties within 300 feet of the project.
December 2, 2021 Public Hearing Notice posted on City and State websites and sent via the Planning
listserv for the July 28, 2021, Planning Commission meeting. Public hearing notice
mailed to owners and tenants of property within 300 feet of the alley.
December 3, 2021 Public hearing notice sign with project information posted at the right-of-way in front of
601 South 900 East.
December 15, 2021 Planning Commission reviewed the petition and conducted a public hearing. The
Commission then voted to send a positive recommendation to the City Council.
2. HEARING NOTICE
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2021-00614 – Street
Vacation at 601 South 900 East – On behalf of the owners of 601 South 900 East,
Justin Matkin of Parr Brown Gee & Loveless has requested Salt Lake City vacate (or give
up public ownership of) the 875 square-foot portion of public right-of-way along 600
South and 900 east that sits between the public sidewalk and the subject property. The
adjacent property is located within the R-2 Single- and Two-Family Residential District
and is within Council District 4, represented by Analia Valdemoros. (Staff contact: Aaron
Barlow at 801-535-6182 or aaron.barlow@slcgov.com).
As part of their study, the City Council is holding an advertised public hearing to receive
comments regarding the petition. During this hearing, anyone desiring to address the City
Council concerning this issue will be given an opportunity to speak. The hearing will be
held:
DATE:
TIME: 7:00 p.m.
PLACE: This will be an electronic meeting pursuant to Salt Lake City Emergency
Proclamation No.2 of 2020(2)(b). Please visit slc.gov/council/news/featured-
news/virtually-attend-city-council-meetings-2/ to learn how you can share
your comments live during electronic City Council meetings. If you would like
to provide feedback or comments via email or phone, please contact us
through our 24-hour comment line at 801-535-7654 or by email at
council.comments@slcgov.com.
If you have any questions relating to this proposal or would like to review the file, please
call Aaron Barlow at 801-535-6182 between the hours of 9:00 a.m. and 6:00 p.m.,
Monday through Friday or via e-mail at aaron.barlow@slcgov.com.
The City & County Building is an accessible facility. People with disabilities may make
requests for reasonable accommodation, which may include alternate formats,
interpreters, and other auxiliary aids and services. Please make requests at least two
business days in advance. To make a request, please contact the City Council Office at
council.comments@slcgov.com, 801-535- 7600, or relay service 711.
3. ORIGINAL PETITION
4. PUBLIC COMMENTS
1
Barlow, Aaron
From:
Sent:Thursday, December 2, 2021 5:47 PM
To:Barlow, Aaron
Subject:(EXTERNAL) 601 s 900 east
i have contacted the housing enforcement to ascertain if too could build a retaining wall like the one locat
ed at the above address. Housing enforcement has indicated i may not
and that this property
is under enforcement and has no knowledge of the above action although i saw it in a previous email.
housing enforcement that noone may build anything on parking strips due to the utility right away etc
what is the story
i own the property directly across the street on the north west corner of 600 south and 900 east
i attempted to scroll through old emails from planning but could not find the notice .
thanks
carolwicks aka blakely summerfield
5. MAILING LIST
1
FIRST NAME ADDRESS CITY STATE ZIP
GAGE WILLIAMS 621 S GRAND ST SALT LAKE CITY UT 84102
LEER ZHANG; XIANZHENG ZHON 875 LURLINE DR FOSTER CITY CA 94404
CHIEN HWANG 2713 S CHADWICK ST SALT LAKE CITY UT 84106
RYAN HEATH 605 S GRAND ST SALT LAKE CITY UT 84102
KARL BAUTNER 639 S BRIXEN CT SALT LAKE CITY UT 84102
MICHAEL POLI 633 S GRAND ST SALT LAKE CITY UT 84102
MICHAEL POLI 633 S GRAND ST SALT LAKE CITY UT 84102
MICHAEL G MARTIN PO BOX 58602 SALT LAKE CITY UT 84158
MICHAEL G MARTIN PO BOX 58602 SALT LAKE CITY UT 84158
NEVERSWEAT LC 1568 E LAIRD AVE SALT LAKE CITY UT 84105
ZACHARY LAZARE; COTI S HUD 639 S 900 E SALT LAKE CITY UT 84102
MATTHEW S GRAY 367 TIMBER LAKES ESTATES HEBER UT 84032
STEVEN T ROENS; CHERYL HAR 627 S 900 E SALT LAKE CITY UT 84102
EARL M DIXON; DOROTHY J AK 623 S 900 E SALT LAKE CITY UT 84102
HILLBILLY HIGHROLLER INVES PO BOX 4559 PARK CITY UT 84060
SIOBHAN CARLILE 615 S 900 E SALT LAKE CITY UT 84102
WHITEHOUSE PROPERTIES, LLC 674 N HAYSTACK MOUNTAIN HEBER CITY UT 84032
BRENT HARROW 6550 N HWY 38 BRIGHAM CITY UT 84302
ELLIS SPERRY SCHARFENAKER; 920 E 600 S SALT LAKE CITY UT 84102
MICHAEL P KENNEDY; AMY KEN 601 S 900 E SALT LAKE CITY UT 84102
R GARY LARSEN FAMILY INTER 7952 S WILLOWCREST RD COTTONWOOD HTS UT 84121
TAMARA DENNING 870 E WILSHIRE PL SALT LAKE CITY UT 84102
ROBERT "YORK" EKSTROM 624 S 900 E SALT LAKE CITY UT 84102
D FAM TRUST 9 WATERLOO CIR PARK CITY UT 84060
ROBERT "YORK" EKSTROM 624 S 900 E SALT LAKE CITY UT 84102
CHRISTOPHER AQUINO 12631 CAMINITO RADIANTE SAN DIEGO CA 92130
KAITLIN MAROUSIS 614 S 900 E SALT LAKE CITY UT 84102
RYAN MCCARTY; RACHEL DAVIS 606 S 900 E SALT LAKE CITY UT 84102
GRIFFITHS REVOCABLE TRUST 1021 E SOUTH TEMPLE SALT LAKE CITY UT 84102
LISA ABEGGLEN; JON ABEGGLE 862 E 600 S SALT LAKE CITY UT 84102
SPENDLOVE PROPERTIES IV LL 2769 E WATER VISTA WY SANDY UT 84093
600 SOUTH APARTMENTS, LLC C/ PO BOX 743 CLEARFIELD UT 84089
DAVID I DALTON; GEORGIA P 923 E 600 S SALT LAKE CITY UT 84102
JEFFERY NIELSON 1022 E PLATINUM WY WHITE CITY UT 84094
CLAYTON SCRIVNER 947 E 600 S SALT LAKE CITY UT 84102
DAVID I DALTON; GEORGIA DA 923 E 600 S SALT LAKE CITY UT 84102
MARIAN SHIOZAKI TRUST 07/0 854 E 600 S SALT LAKE CITY UT 84102
CHRISTINE V NIELSON 913 E 600 S SALT LAKE CITY UT 84102
900 EAST LLC C/O DARIN PICCOLI 939 S DIESTEL RD SALT LAKE CITY UT 84105
MCDONALD AMY S 567 S 900 E SALT LAKE CITY UT 84102
WHITE CAP PROPERTY MANAGEM563 S 900 E SALT LAKE CITY UT 84102
555 SOUTH SLC 8161 S BUENO VISTA DR WEST JORDAN UT 84088
CAROL ANN WICKS TRUST 04/1 6693 S CANDLE CV COTTONWOOD HTS UT 84121
JTD ENTERPRISES LLC 9458 S CROSSWOOD CIR SANDY UT 84092
MATTHEW S BOARDMAN; JESSIC 224 N CANYON RD SALT LAKE CITY UT 84103
CHELSEA PETERSON; CLAYTON 566 S 900 E SALT LAKE CITY UT 84102
DEAN K BAER; KATHY K BAER 863 E 600 S SALT LAKE CITY UT 84102
CURRENT OCCUPANT 619 S 900 E SALT LAKE CITY UT 84103
CURRENT OCCUPANT 609 S 900 E SALT LAKE CITY UT 84104
CURRENT OCCUPANT 926 E 600 S SALT LAKE CITY UT 84105
CURRENT OCCUPANT 640 S 900 E SALT LAKE CITY UT 84106
CURRENT OCCUPANT 863 E WILSHIRE PL SALT LAKE CITY UT 84107
CURRENT OCCUPANT 620 S 900 E SALT LAKE CITY UT 84108
CURRENT OCCUPANT 614-618 S 900 E SALT LAKE CITY UT 84109
CURRENT OCCUPANT 604 S 900 E SALT LAKE CITY UT 84110
CURRENT OCCUPANT 933 E 600 S SALT LAKE CITY UT 84111
CURRENT OCCUPANT 935 E 600 S SALT LAKE CITY UT 84112
CURRENT OCCUPANT 913 E 600 S # 3 SALT LAKE CITY UT 84113
CURRENT OCCUPANT 915 E 600 S SALT LAKE CITY UT 84114
CURRENT OCCUPANT 917 E 600 S SALT LAKE CITY UT 84115
CURRENT OCCUPANT 575 S 900 E SALT LAKE CITY UT 84116
CURRENT OCCUPANT 555 S 900 E SALT LAKE CITY UT 84117
CURRENT OCCUPANT 576 S 900 E SALT LAKE CITY UT 84118
PLNPCM2021-00614 - Public Notice Addressses
2
CURRENT OCCUPANT 570 S 900 E SALT LAKE CITY UT 84119
CURRENT OCCUPANT 568 S 900 E SALT LAKE CITY UT 84120
PLNPCM2021-00614 - Public Notice Addressses