Transmittal - 9/21/2022ERIN MENDENHALL
Mayor
DEPARTMENT of COMMUNITY
and NEIGHBORHOODS
Blake Thomas
Director
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 445 WWW.SLC.GOV
P.O. BOX 145487, SALT LAKE CITY, UTAH 84114-5487 TEL 801.535.7712 FAX 801.535.6269
CITY COUNCIL TRANSMITTAL
________________________ Date Received: _________________
Lisa Shaffer, Chief Administrative Officer Date sent to Council: _________________
______________________________________________________________________________
TO: Salt Lake City Council DATE: September 21, 2022
Dan Dugan, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: Alley Vacation at approximately 925 S 1200 W, Petition PLNPCM2021-00806
STAFF CONTACT: Krissy Gilmore, Senior Planner, Kristina.Gilmore@slcgov.com, 801-535-
7780
DOCUMENT TYPE: Ordinance
RECOMMENDATION: That the City Council follows the Planning Commission’s
recommendation to approve the ordinance to Vacate the Alley located at approximately 925 S
1200 W with the condition that the method of disposition of the alley property shall be consistent
with the method of disposition outlined in Section 14.52.040 – Method of Disposition and Chapter
2.58 City Owned Real Property of the Salt Lake City Ordinance.
BUDGET IMPACT: None.
BACKGROUND/DISCUSSION:
Jordan and Elizabeth Frandsen, property owners at 925 S 1200 W, are asking to vacate an
approximately 150-foot-long section of platted alley adjacent to the property. The alley is part of
two alleys forming a backward “L” shape, one leg of which runs east/west from 1200 West
Street, and one leg runs north/south from 900 South to the 9 Line Trail. The proposal is to vacate
the east/west alley segment and incorporate the vacant land into the neighboring property. The
total area of the proposed vacation is approximately 2,100 square feet. The remaining east/west
portion of the alleyway was previously vacated in 1981. The north/south portion of the “L” shape
is not included in this petition and would remain open. With their positive recommendation, at
the suggestion of the Attorney’s Office, the Planning Commission recommended a condition that
the method of disposition for the alley shall be consistent with the method of disposition outlined
9/21/2022
9/21/2022
Lisa Shaffer (Sep 21, 2022 16:37 MDT)
in Section 14.52.040 – Method of Disposition and Chapter 2.58 City Owned Real Property of the
Salt Lake City Ordinance.
PUBLIC PROCESS:
•The Planning Division provided a 45-day comment period notice to the Poplar Grove
Community Council on August 23, 2021.
•Staff sent an early notification announcement of the project to all residents and property
owners living within 300 feet of the project site providing notice about the proposal and
information on how to give public input on the project on August 23, 2021.
•The Planning Commission held a Public Hearing for this request on October 27, 2021. By
a vote of 7-1, they forwarded a positive recommendation to the City Council for the
proposed Alley Vacation.
Planning Commission (PC) Records
PC Agenda for October 27, 2021 (Click to Access)
PC Minutes of October 27, 2021 (Click to Access)
PC Staff Report for October 27, 2021 (Click to Access Staff Report)
EXHIBITS
1.Chronology
2.Notice of City Council Hearing
3.Petition Application
SALT LAKE CITY ORDINANCE
No. ________ of 2022
(Vacating a portion of city-owned alley situated adjacent to properties located at 925 South 1200
West Street and 929 South Navajo Street)
An ordinance vacating a portion of an unnamed, city-owned alley adjacent to properties
located at 925 South 1200 West Street and 929 South Navajo Street, pursuant to Petition No.
PLNPCM2021-00806.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on October
27, 2021 to consider a request made by Jordan and Elizabeth Frandsen (“Applicants”) (Petition
No. PLNPCM2021-00806) to vacate a portion of an unnamed, city-owned alley adjacent to
properties located at 925 South 1200 West Street and 929 South Navajo Street; and
WHEREAS, at its October 27, 2021 meeting, the planning commission voted in favor of
forwarding a positive recommendation on said petition to the Salt Lake City Council; and
WHEREAS, the portion of alley that is the subject of this petition was dedicated to public
use in the Second Burlington Subdivision plat, recorded in 1909, and is situated on the perimeter
of that subdivision; and
WHEREAS, the general rule prescribed by Utah Code Section 72-5-105 is that abutting
owners on each side of a vacated right-of-way vest with title to half of the width of the vacated
right-of-way, however, as explained in Fries v. Martin, 154 P.3d 184 (Utah Ct. App. 2006), when
a vacated right-of-way is situated on the perimeter of a subdivision, title to the entire width of
that right-of-way vests only in the abutting property owners within the subdivision; and
WHEREAS, the City Council finds after holding a public hearing on this matter, 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.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Vacating City-Owned Alley. That an unnamed, city-owned alley adjacent
to properties located at 925 South 1200 West Street and 929 South Navajo Street, which is the
subject of Petition No. PLNPCM2021-00806, and which is more particularly described on
Exhibit “A” attached hereto, hereby is, vacated and declared not presently necessary or available
for public use.
SECTION 2. Reservations and Disclaimers. The above 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 closure 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
______________, 2022.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
EXHIBIT “A”
Legal description of the unnamed, city-owned
alley to be vacated:
THE FOLLOWING DESCRIPTION IS IN ACCORDANCE WITH THE OFFICIAL SALT
LAKE CITY ATLAS “PLAT 35” AND THE “SECOND BURLINGTON ADDITION”
SUBDIVISION PLAT RECORDED OCTOBER 11, 1909 AS ENTRY NO. 255916 IN BOOK
“F” OF PLATS, PAGE 22.
BEGINNING AT THE SOUTHWEST CORNER OF LOT 88, SECOND BURLINGTON
ADDITION, AS RECORDED AND ON FILE IN THE OFFICE OF THE SALT LAKE
COUNTY RECORDER, AND RUNNING THENCE EAST 148.0 FEET TO THE
SOUTHEAST CORNER OF LOT 88 OF SAID SUBDIVISION; THENCE SOUTH 16.0 FEET;
THENCE WEST 148.0 FEET; THENCE NORTH 16.0 FEET TO THE POINT OF
BEGINNING.
CONTAINS: 2,368 SQUARE FEET or 0.054 ACRES.
1) CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2021-00806
August 13, 2021 Application for an Alley Vacation accepted.
August 17, 2021 Petition PLNPCM2021-00806 was assigned to Krissy
Gilmore, Senior Planner, for staff analysis and processing.
August 23, 2021 Notice sent to Recognized Community Organizations
informing them of the petition. Early notification of the
project was also sent to property owners and residents
within 300 feet of the proposal.
October 15, 2021 Planning Commission public hearing notices emailed to
interested parties and residents/property owners who
requested notice. Agenda posted to the Planning
Commission website and the State of Utah Public Notice
webpage.
October 22, 2021 Planning Commission Staff Report posted.
October 27, 2021 Planning Commission held a public hearing and made a
positive recommendation to the City Council to approve the
proposed alley vacation.
May 17, 2022 Alley vacation legal description from a licensed engineer
was provided by the applicant and reviewed by the City
Engineering Division.
May 25, 2022 Draft ordinance sent to Attorney’s Office
August 3, 2022 Final ordinance received from Attorney’s Office
2) NOTICE OF CITY COUNCIL HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2021-00806– Jordan and Elizabeth
Frandsen, property owners, have initiated a petition to vacate an approximately 150-foot section
of platted alley to the south of their property. The alley is part of two alleys forming a backward
"L" shape, one leg of which runs east/west from 1200 West, and one leg runs north/south from
900 South to the 9 Line Trail. The proposal is to vacate an east/west alley segment and
incorporate the vacant land into the neighboring property. The total area of the proposed vacation
is approximately 2,100 square feet. Information on this proposal can be found in the staff report
prepared for the Planning Commission accessible from this link -
http://www.slcdocs.com/Planning/Planning%20Commission/2021/10.%20October/00806.1200%
20W%20Alley%20Vacation.Staff%20Report.pdf
As part of their study, the City Council is holding two advertised public hearings to receive
comments regarding the petition. During these hearings, anyone desiring to address the City
Council concerning this issue will be given an opportunity to speak. The Council may consider
adopting the ordinance on the same night of the second public hearing. The hearing will be held
electronically:
DATE: Date #1 and Date #2
TIME: 7:00 p.m.
PLACE: Electronic and in-person options.
451 South State Street, Room 326, Salt Lake City, Utah
If you are interested in participating in the Public Hearing, please visit our website at
https://www.slc.gov/council/ to learn how you can share your comments during the
meeting. Comments may also be provided by calling the 24-Hour comment line at (801)535-
7654 or sending an email to council.comments@slcgov.com. All comments received
through any source are shared with the Council and added to the public record.
If you have any questions relating to this proposal or would like to review the file, please call
Krissy Gilmore at 385-535-7780 between the hours of 8:00 a.m. and 5:00 p.m., Monday through
Friday or via e-mail at Kristina.gilmore@slcgov.com.
People with disabilities may make requests for reasonable accommodation no later than 48 hours
in advance in order to participate in this hearing. 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) PETITION APPLICATION
August 2, 2021
To Whom It May Concern:
My name is Jordan Frandsen. My wife, Elizabeth, and I recently purchased a home at 925 S 1200 W,
here in Salt Lake City. The property sits at a dead end, abutting the Nine-Line walking path. There is an
alley behind the property, parallel to 1200 W, which is accessible from 900 S. Within the last two years,
the city blocked access to the alley from 1200 W. It is listed as an active public right-of-way, but there is
no way to access it from the street anymore. We would like to request closure of this alley to the
public and officially annex it to our property because it can no longer function as an alley due
to the city’s beautification process. When we moved in, garbage had been accumulating there, as
well as signs of use by unsheltered individuals. If we are able to annex it, we plan to use it as a family
garden and would like to run sprinkler lines to this area, as well as put up a gate at either end. I have
already been working to maintain the area, clearing garbage, weeds and overburdened trees that grew
along my driveway and the alley.
Here is a snap shot of the current zoning map, which has not been updated since the construction of the
curbing and sidewalks to the Nine Line:
Here is a picture of the current access from 1200 W, with the curbing restricting vehicle access to this
property:
measurement is taken) by 151 feet long. Maps taken from
https://maps.slcgov.com/mws/atlasplats-lg.htm
Thank you for taking the time to review this application. My family and I look forward to beautifying this
space once the alley is formally closed.
Jordan Frandsen