HomeMy WebLinkAboutTransmittal - 11/9/2023ERIN MENDENHALL
Mayor
"ri
IT
DEPARTMENT of COMMUNITY
and NEIGHBORHOODS
Blake Thomas
Director
CITY COUNCIL TRANSMITTAL
rach tto (Nov9, 202308:59 MST)
Rachel Otto, Chief of Staff
TO: Salt Lake City Council
Darin Mano, Chair
Date Received. 11/09/2023
Date sent to Council: 11/09/2023
DATE: 11/07/2023
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
SUBJECT: Avenues Restrictive Covenant
STAFF CONTACT: Krissy Gilmore, Senior Planner, kristina.g_ilmore(crslcgov.com, 801-535-
7780
DOCUMENT TYPE: Ordinance
RECOMMENDATION: Remove the restrictive covenant from the affected properties.
BUDGET IMPACT: None
BACKGROUND:
In April 2023 the property owner at 453 N C Street applied for a Lot Consolidation with the
intention of constructing an Accessory Dwelling Unit (ADU) in the rear yard. During the review
process, Planning Staff examined a restrictive covenant applied to their property and 17 other
properties, which prohibits the construction of detached ADUs. After considering the implications
for all 18 affected properties, Planning Staff consulted with the Attorney's Office and decided to
pursue the removal of the restriction simultaneously for all properties instead of addressing them
individually.
DISCUSSION:
The restrictive covenant (Exhibit 2) was established in 1981 as part of the street closure of 8t' Avenue
for the expansion of LDS Hospital (Ordinance 40 of 1981). As part of the street closure, as described
in the restrictive covenant, the Greater Avenues Community Council agreed it would not oppose the
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 404 WWW.SLC.GOV
P.O. BOX 145486, SALT LAKE CITY, UTAH 84114-5486 TEL 801.535.623o FAX 8o1.535.6005
AS
as
street vacation if other LDS Hospital owned properties
were subjected to a restrictive covenant guaranteeing
their continued residential use in conformity with the R-
2 zoning district that was in effect at that time. In 1995
during the City's comprehensive zoning rewrite, the
affected properties were rezoned from R-2 to SR- 1A.
Although Planning Staff was unable to locate the
specific correspondence from 1979 that outlined this
agreement, the City Recorder's Office found a separate
letter related to the closure of 8th Avenue from the
Greater Avenues Community Council regarding the
Historic Revolving Loan Fund (see Exhibit 3). This
letter provides some insight into the rationale behind the
request for the restrictive covenant. It explains that the
neighborhood would lose a total of 44 homes due to the
Map of the affected properties. See Exhibit I for a
larger scale map.
expansion of the hospital, and it is likely that they wanted to prevent further deterioration of the
neighborhood by imposing the restrictive covenant.
The restrictive covenant was primarily focused on limiting allowed uses. The list below shows the uses
currently allowed in the SR -IA zone that are prohibited due to the restrictive covenant. It is important
to note that just because a use is allowed, it does not mean that the properties will have a right to that
use. They must still meet the applicable zoning requirements associated with those specific uses and the
SR -IA zone.
- Accessory Dwelling Unit (permitted)
- Dwelling, Assisted Living Facility with limited capacity (2-5 individuals) (conditional)
- Dwelling, Congregate Care Facility (conditional)
- Dwelling, Group Home (conditional)
- Community Garden (conditional)
- Urban Farm (permitted)
- Daycare Center (conditional)
- In -home Daycare (permitted)
Because the properties are no longer owned by LDS Hospital, it seems the intent of the covenant
has been satisfied, which was likely to prevent them from either developing as part of the hospital
or selling to commercial use to support the hospital. Additionally, considering the adoption of the
ADU ordinance, which permits ADUs in the SR -IA zone, Planning Staff believes it may be
appropriate to remove the restriction. When the restrictive covenant was created, Salt Lake City
may not have anticipated that ADUs would be permitted in the future.
While SR-lA does permit, either by -right or through the conditional use process, some uses that
may have a commercial aspect, Planning Staff is of the opinion that the SR- lA zone aligns with
the intended purpose of the restrictive covenant to ensure residential use and low impact uses.
However, the Council may consider implementing a new restriction that prohibits the properties
from being rezoned to higher density zones or primarily commercial zoning districts to address
any concerns.
Greater Avenues Community Council Review
The Greater Avenues Community Council is listed as an interested parry in the restrictive
covenant, and therefore, they must also vote to remove their interest in the covenant for it to be
effective. Planning Staff met with the GACC on September 13 and October 4, 2023 to discuss the
matter. The GACC ultimately voted to release their interest in the restrictive covenant at their
November 1, 2023 meeting.
Property Owner Notice
On May 24th Planning Staff sent a notice to all affected properties making them aware of the
covenant. The notice provided a 45-day comment period, after which Planning Staff would begin
the process of requesting the removal of the covenant. The notice stated that if we did not receive
a response, staff would move forward with the removal of the covenant based on the presumption
that the property owners had no objection.
Staff received responses from four property owners. Three in support of the removal (321 E IOth
Avenue, 267/271 91h Avenue, and 453 N C Street), and one against the removal. One call included
multiple property owners on the line, however, Planning Staff only feels comfortable stating that
the actual caller should be recorded as in support. The property owner at 339 E IOth Avenue is
against the removal due to zoning restrictions that would prohibit an ADU on their property.
EXHIBITS:
1) Map of Affected Properties and Addresses
2) Restrictive Covenant
3) 8th Avenue Street Closure Revolving Loan Fund Letter
4) Affected Property Owner Notice
5) Ordinance for Removal
EXHIBIT 1) Map of Affected Properties
Avenues Restrictive Covenant
`.539 t
s252 ' - 304 \ 310 320
260 ' 266 a
�278� 53� .3�4�.
'270 `� _ r ` , u
3� &28 528 rUr
` - 519
519 , a _ 518 W �` 518 6
51_ 514�� _ 514;
- 273 279 `
\, 2512 263467. 'x
73 339' �r 353 357,359,367'375
565 505
502
Alt
9 258-
j ae Fill pf,_
�\ 27A 1 280. 28& 354 ; 360 i _364 ' 374
-�g" 48 .E 269 ''� i E -1J1=1: sci-fi-r
5 F' 476\� \ .4;73 D� �_ A e e i 47437,
- - 24 460 3:',
454` 4 - ..t 64
.265267 27.1 - aim
.. 4�" �` t
45Z, 7
x . ,273 453
! A.
— •. to r 1-
43
Ail 440
359
Development +Agreements 1 �— 38
�l
Development Agreements
Zoning Districts
FR-3/12,000 Foothills Residential _r �Ilfl
SR-1A Special Development Pattern Residential
R-MU-35 Residential/Mixed Use
I Institutional A 0 45 90 180 2�70
re, t
UI Urban Institutional
Salt Lake City Planning Division 7/12/2023
EXHIBIT 2) Restrictive Covenant
Salf Lake CHI A4tcsn^7'
Date
3fi0899� RESTRICTIVE COVENANT
WHEREAS, Intermountain Health Care Inc., a Utah non-profit
corporation (the "Grantor"), owns and operates LDS Hospital in
Salt Lake City, Utah, and also holds title to the eighteen nearby
parcels of real property with improvements thereon described in
Exhibit "A" 1 through 17, attached hereto ( the "Property") , which
Property is presently located within a Residential 11R-2" District
under Chapters 13 and 14, Title 51 of the Revised Zoning
Ordinances of Salt Lake City, Utah, copy attached hereto and
marked Exhibit "B", and as such is restricted for use as a
single-family dwelling, two-family dwelling and other uses
currently permitted in such "R-2" District; and
WHEREAS, Grantor is commencing a construction project to
replace a portion of its LDS Hospital which will necessitate the
closure of 8th Avenue between C and D Streeets by Salt Lake City
Corporation, a municipal corporation of the State of Utah, (the
"City"), and in connection therewith has entered into an under-
standing with City and the Greater Avenues Community Council, a
Utah non-profit corporation (the "Council"), evidenced by an
exchange of correspondence between Grantor and the Council dated,
respectively, September 26, 1979 and October 2, 1979, which pro-
vides in part that the Council will not oppose such street
closure and the City will close and convey if other Grantor -owned
properties referred to therein are subjected to a restrictive
covenant guaranteeing their continued residential use in con-
formity with the current "R-2" District requirements;
NOW, THEREFORE, in compliance with such understanding, and
in consideration therefor, Grantor hereby imposes on the Property
a restrictive covenant in favor of City and the Council or its
successors and/or their assignees and the successors in interest
of the property restricting the use of the Property to a
residential use that conforms with the requirements of the
attached Exhibit "B" for Residential "R-2" District, Chapter 14,
J
f 49
of Title 51 of the Revised Zoning Ordinances of Salt Lake City,
Utah.
Any deed, lease, conveyance, or contract made in violation
of this agreement shall be void and may be set aside on petition
of one or more of the parties hereto, and all successors in
interest, heirs, executors, administrators, or assigns, shall be
deemed parties to the same effect as the original signers; and
when such conveyance or other instrument is set aside by decree
of a court of competent jurisdiction, all costs and all expenses
of such proceedings shall be taxed against the offending party or
parties, and shall be declared by the court to constitute a lien
against the real estate so wrongfully deeded, sold, leased, or
conveyed, until paid, and such lien may be enforced in such
manner as the court may order.
This agreement constitutes a mutual covenant running with
the land, and all successive future owners shall have the same
right to invoke and enforce its provisions as the original
signers hereof.
IN WITNESS WHEREOF, Grantor has executed this Restrictive
Covenant this _a__. day of „� , 1981.
ATT 'ST:
4 4j; `..
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ATRE3Tc ,
r r
Ch Y R' ER
INTERM UNTAIN HEALTH CARE, INC.
ix
SALT LASE CITY CORPORAT ON
Y
�2
f 49
of Title 51 of the Revised Zoning Ordinances of Salt Lake City,
Utah.
Any deed, lease, conveyance, or contract made in violation
of this agreement shall be void and may be set aside on petition
of one or more of the parties hereto, and all successors in
interest, heirs, executors, administrators, or assigns, shall be
deemed parties to the same effect as the original signers; and
when such conveyance or other instrument is set aside by decree
of a court of competent jurisdiction, all costs and all expenses
of such proceedings shall be taxed against the offending party or
parties, and shall be declared by the court to constitute a lien
against the real estate so wrongfully deeded, sold, leased, or
conveyed, until paid, and such lien may be enforced in such
manner as the court may order.
This agreement constitutes a mutual covenant running with
the land, and all successive future owners shall have the same
right to invoke and enforce its provisions as the original
signers hereof.
IN WITNESS WHEREOF, Grantor has executed this Restrictive
Covenant this _a__. day of „� , 1981.
ATT 'ST:
4 4j; `..
«�r
ATRE3Tc ,
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Ch Y R' ER
INTERM UNTAIN HEALTH CARE, INC.
ix
SALT LASE CITY CORPORAT ON
Y
�2
T �`
-2-
GREATER AVENUES COMMUNITY COUNCIL
By LC�
Titl
ATTEST: �
STATE OF UTAH
ss.
County of Salt Lake)
On the day of S , 1981, personally
appeared before me I)A/Jh 14•
and S �. �' V , who being by 'me duly sworn, did
say that they are the c,4 (/L,sS and
of INTERMOUNTAIN HEALTH CARE, a Utah non-profit corporation, and
that the foregoing instrument was signed in behalf of said
corporation; by authority of a resolution of its board of
directors, and said persons acknowledged to me that said
{ion executed the same.
r I
NOTARY PUBLIC, residj ng _ixt Salt
y
Lake County, Utah
My Commission Expires:
STATE OF UTAH
ss.
County of Salt Lake)
On the al day of , 1981, personally
appeared before me TED L. WILSON and KATHRYN MARSHALL, who being
by me duly sworn, did say that they are the Mayor and City
Recorder, respectively of SALT LAKE CITY CORPORATION, and said
-3-
persons acknowledged to me that said corporation executed the
same.
ARii PUBLI , rledlZfing in
Salt Lake County, Utah
_,Al ,,Commission Expires:
IV
S� I jf'y'E n t" `
STATE OF UTAH
: ss.
County of Salt Lake)
On they day of 1981, personally
appeared before me LESLIE S. RUSSELL, who being by me duly sworn,
did say that she is the secretary of GREATER AVENUES COMMUNITY
COUNCIL, and that the foregoing instrument was signed in behalf of
said council, by authority of a resolution of its board; and said
person acknowledged to me that said"cou�icil executed the same.
My C� iiss, on I;xp.iV
NOTAR PUBLIC, n
Salt_ ake Coun Utah
ou
m
o
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Y Exhibit A.1
f�
PROPERTY DESCRIPTION
Real property and all improvements thereon situated
in Salt Lake County, State of Utah at 518-B Street and more
particularly described as follows:
Beginning at the Northwest corner
of Lot 2, Block 152, Plat "D", Salt
Lake City Survey, and running thence
South 46 feet 3 inches; thence East 165
feet; thence North 46 feet 3 inches;
thence West 165 feet to the place of
beginning.
Subject to a right of way over:
beginning 36.25 feet South of the
Northwest corner of said Lot 2 and
' running thence East 123.75 feet; thence
North 36.25 feet; thence East 41.25
`,. feet;, thence South 46.25 feet; thence
West 165 feet; thence North 10 feet to
the place of beginning.
\-- --- -
Exhibit A. -
PROPERTY DESCRIPTION
Real property and all improvements thereon situated
in
Salt Lake County, State of Utah at 453-C Street and more
particularly described as follows:
Commencing at the Southeast corner
of Lot 1, Block 129, Plat "D", Salt Lake
North 2.5 rods; thence
City Survey, thence
South 2.5 rods; thence
West 5 rods; thence
�
East 5 rods to the place of beginning.
' Also: Commencing 5 rods West of the
Southeast corner of Lot 1, Block 129, Plat
"D", Salt Lake City Survey, and running
thence West 29.25 feet; thence North 2.5
R` rods; thence East 29.25 feet; thence South
2.5 rods to the place of beginning.
PROPERTY DESCRIPTION
Exhibit A.3
Real property and all improvements thereon situated
in Salt Lake County, State of Utah at 457-C Street and more
particularly described as follows:
Commencing 2.5 rods North of the
Southeast corner of Lot 1, Block 129,
Plat "D", Salt Lake City Survey, and
running thence North 41.25 feet;
thence West 111.75 feet; thence South
41.25 feet; thence East 111.75 feet
to the place'of beginning.
Exhibit A.'i
PROPERTY DESCRIPTION
Real property and all improvements thereon situated
in Salt Lake County, State of Utah at 463-C Street and more
particularly described as follows:
. Commencing 82 1/2 feet North of the
29,
t Southeast corner of Lot 1, Block Ind
Plat "D" ,
Salt Lake'City Survey, and
running th14 feet; ence West 111.75 feet; thence
thence 111.75
North 41 1, *south 411/4 feet to the
feet; the .,' point of beginning.
Exhibit A•�
PROPERTY DESCRIPTION
Real property and all improvements thereon situated
in Salt Lake County, State'of Utah at 511-C Street and more
particularly described as follows:
Co�,encing 8 rods North of the
Southeast corner of Lot 1, Block 152,
thence
Plat "D"Salt Lake City Survey,
3thence South
t55
henceEast63feet; thenceNorth
feet to beginning.
Beginning at a point 4 rods West
and 8 rods North of the Southeast
corner of Lot 1, Block 152,Plat
runningD„
Salt Lake City Survey,
and thence East 3 feet; thence South 55
feet; thence West 3 feet; thence North
55 feet to the point of beginning.
Exhibit A.6
PROPERTY DESCRIPTION
Real property and all improvements thereon situated
in Salt Lake County, State .of Utah at 508-C Street and more
particularly described as follows:
Commencing 41 feet 3 inches North
of Lot 2, Block
of the Southwest corner
"D", Salt Lake 'City Survey
151, Plat
and running thence -East 123 feet 9
41 feet 3 inches;
inches; thence North
West 123 feet 9 inches, thence
thence
South 41 fee t 3 inches to the place
beginning.
Together with and subject to a right of
way over:
Commencing 118-3/4 feet East of the
2; thence
`xN
Southwest corner of said Lot
thence East 10 feet; thence
North 165 feet; feet to the
thence(
South 165 feet; thenceNWest 10
place of beginning. Not inclding
from other owners af
iry
entries to and
said right of way.)
Exhibit A
PROPERTY DESCRIPTION
Real property and all improvements thereon situated
in Salt Lake County, State of Utah at 467-C Street and more
particularly described as follows:
Co,encing at the Northeastcorner
"D",
of Lot 1, Block 129, Plat
running thence West
Lake City Survey.,
thence -south 41.25 feet;
\
1i1.75 feet;
111.75 feet; thence North
thence East
the 'place of beginning.
�,
41.25 feet to
Together with a right of way over:
111.75 feet West
`
Commencing at a point
of the Northeast corner of said Lot 1,
West 10
thence South 165 feet; thence
North 150 feet; West
feet; thence
208.25 feet 'to the West line fthenBlock
e East
,*
129; thence Nor�helPlacetof beginning.
218.25 feet to __ _._.....-
`S�k
Exhibit A.8
PROPERTY DESCRIPTION
Real property and all improvements thereon situated
in Salt Lake County, State of Utah at 390-D Street and more
particularly described as follows:
Commencing at the Northwest corner
of Lot -3, Block 103, Plat "D", Salt Lake
City Survey, thence South 3 1/3 rods;
`- thence East 6 rods; thence North 3 1/3
rods; thence West 6 rods to the place of
beginning.
r ,
Exhibit A.9
PROPERTY DESCRIPTION
Real property and all improvements thereon situated
in Salt Lake County, State of Utah at 526 and 528 C Street and
more particularly described as follows:
Commencing at the Southwest corner
of Lot 3, Block 151, Plat "D", Salt Lake
City Survey, and running thence North 5
rods; thence East 10 rods; thence South
5 rods; thence West 10 rods to the place
of beginning.
a
f
Exhibit A.10
PROPERTY DESCRIPTION
Real property and all improvements thereon situated
in Salt Lake County, State of Utah at 518-C Street and more
particularly described as follows:
Beginning at the Northwest corner
of Lot 2, Block
151, Plat "D", Salt Lake
City Survey and
running thence South
}
41 1/4 feet; thence
East 123-3/4 feet;
J
thence 'North 41
1/4 feet; thence West
123-3/4 feet to
the place of beginning.
Subject to
a right of way over and
�.,
across the East
5 feet, as set forth
in that certain
April 1, 1909,
Warranty Deed dated
recorded April 8, 1909,
as Entry No. 247709
and mesne instruments
of record.
Exhibit A. I I
PROPERTY DESCRIPTION
Real property and all improvements thereon situated
in Salt Lake County, State of Utah at 267/271 9th Avenue and more
particularly described as follows:
Coumencing at a point 8.25 feet
East of the Southwest corner
of Lot
t
1, Block 129, Pla"D" ,
City Survey, and running thenceNorth
150 feet; thence East-45 feet; thence
South 150 feet; thence West 45 feet
to the point of beginning. Subject
to a right of way over the East 10
feet thereof. Together with a right
1 of way over: Commencing at
tBthe 129,
No corner of Lot 2,
Plat "D", Salt Lake City Survey, and
running thence East 218.25 feet; thence
South 15 feet; 1thence
toWest
the2place of18.25 et;
thence 'North 15
beginning.
Also beginning at a point 9 1/2
rods West of the Southeast conerLake
Lot 1, Block 129, Plat "D alt
City Survey, and running thence West
2 1/2 rods; thence North 165 feet;
thenceEast ods; thence
beginningSou
th
165 feet to the pa
Together with and subject to a right
of way: Beginning at the Northwest
corner of Lot 2, South 15 feet; thence
East 15 rods; thence North 15 feet;
O
thence West 15 rods to the p
beginning.
M
T
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01
Exi<<bt A. J2
PROPERTY DESCRIPTION
I Real property an
d all improvements thereon situated
in Salt Lake County, State of Utah at 265-9th Avenue and more
particularly described as follows:
Commencing 2 rods West from the
Mkt Southeast corner of Lot 2, Block 129,
Plat D ,
Salt Lake City Survey, and
running thence West 2.5 rods; thence
thence East 2.5 rods;
1 North 150 feet; he place of
.. thence South 150 feet to t
�.
beginning.
��s.�'r vrs�i"'���.a.��+!'.�'�.�1►-'.�wlrr...�_�.r yr ^_ J � k `+rtSw'�.li.r�-�.,--��.Rr �.+,`.s+rFSR"�'wT�'�"r"�._•►el.as.A�i��
Exhibit A.13
PROPERTY DESCRIPTION
Real property and all improvements thereon situated
in Salt Lake County, State of Utah at 339-10th Avenue and more
particularly described as follows:
`v Commencing at the Southeast corner
of Lot 1, Block 1512 Plat "D", Salt Lake
City Survey, and running thence West
41.25 feet; thence North 115 feet; thence
East 41.25 feet; thence South 115 feet to
place of beginning. ---___-
i
PROPEDI-IF DESCRZPTIO:
1
Real property and all i7-prove=eats thereon `e3
in Salt Lake County, State of Utah at 327-10th Avenue and more
particularly described as follo:as:
Beginning at the
"D"
SW corner
of Lot
City
1, Block 151 Plat
Sa1L Late
40 feet;
Survey and running thence
North 115feet;
East
teetce West 40
,
thence
feet, thence South
the
place of beginning.
`5
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h
C11
�d
Lr)
s
FAr�r�
t')
Exhibit A. 1 5
i
/.
i
PROPERTY DESCRI?TION
Real property and all improvements thereon situated
in Salt Lake County, State of Utah at 321-10th Avenue and
more particularly described as follows:
Commencing at the Southeast a�trner
Lake
of Lot 2, Block 151, Plat "D",
„\ City Survey, aednhece eSthence
} 36.25 feet; thCe North 115feet
East 36.25 feet; theyice South 115 feet
.,
to the place of beginning.
Exhibit A , &
r
% PROPERTY DESCRIPTION
Real property and all improvements thereon situated
in Salt Lake County, State •of Utah at 340-11th Avenue and more
particularly described as follows:
Commencing at the Northeast corner
Lake
of Lot 4, Block 151,
Plat D , Salt
City Survey, and running thence West 43.5
feet, thence South 7.5 rods: thence East
43.5 feet; thence North 7.5 rods to the
place of beginning. -'
Exhibit A.17
PROPERTY DESCRIPTION
Real property and all improvements thereon situated
in Salt Lake County, State of Utah at 338-11th Avenue and more
particularly described as follows:
Commencing at a point 43-1/2 feet West
of the Northeast corner of Lot 4, Block 151,
Plat "D", Salt Lake City
Survey, and running
thenthence West 41-1/2 feet;
feet;thence South 7-1/2
rods; thence East 4 / lace of beginning.
'> North 7-1/2 rods, to the p
�1
x
raj
ra
c0
CA
EXHIBIT
C-1
District --
Limited Counercial.
C-2
C-3
District --
District --
Controlled, Low Density Commercial.
General Business Activity.
C-4
District --
:_ne_al Business Activity,
Controlled Business
M-1
District --
Light Industrial.
/
M-lA District
-- Light Industrial (15 foot
setback).
M-2
District --
Intet-mediate Industrial.
M-3
District
-- Heavy.Industrial.
T District --
Trailer Courts.
/
R-D
District
-- F.esearch Develop-:ent.
SEC. 51-12-2. ��-.,O FTES OF D1S1�1CTS. The of said use
districts are shown upon the map hereby designated a "use district map,"
said map being the "use district map" on file in t office of the City
Planning and Zoning Commission as the same appear as of the effective
date of this amending ordinance and as amended , m time to time hereafter
and kept up to date to reflect the changes in he use districts made by
"use
ordinances adopted by the Board of City Co ssioners, and said dis-
trict map" and all references, notations, nd other information shown
thereon are hereby made a part of this s ction and as much a part of this
section and chapter as if the said "us district map" and the information
and materials set forth by said "use istrict map" were fully described
herein.
Vhere uncertainty exists w' h respect to the foundaries of the various
use districts hereby establish and as shown on such "use district map"
and made a part of this chap r, the following rules shall apply:
(1) The district bou aries are center lines of streets or alleys
unless otherwise shown an where the designation on said "use district
--
map" indicating the var us districts are approximately bounded on'
street or alley lines said center lines of streets or alleys shall be
construed to be the oundary of such district.
(2) Where t use district boundaries are not otherwise indicated,
and where the 1 d has been, or may hereafter be, divided into lots, or
blocks and lot the district boundaries shall be construed to be lot
,
lines, and w ere the designation on said "use district map" indicating
the variou districts are approximately bounded by lot lines, the nearest
lot line hall be construed to be the boundary of such district.
Where the land has not been subdivided into lots or blocks
and 1 t, and where no measurements are shown, the district boundary line
on id "use district map" shall be determined by the use of the scale
o measurement shown on said map.
CHAPTER 13
RESIDENTIAL "R-1" DISTRICT
A�
E
SECTIONS:
51-13-1. Use regulations.
F-L
51-13-2. Area regulations.
G
46
51-13-3.
51-13-4.
51-13-5.
51-13-6.
SEC. 51-13-1. USE REGULATIONS. In a Residential 11R-1" district no
building shall
building or premises shall be used or maintained, and no
in or designed to be
be erected or altered so as to be arranged, ,
of the following uses.
used for other than one or more
(1) Single-family dwellings.
revival tents or buildings.
(2) Churches, except temporary
and public fire stations.
(3) Libraries, museuzs
(4) Public parks, public recreational grounds and buildings, but
including privately owned commercial amusement parks or commercial
not
recreation grounds, or penal or mental institutions.
keeping of animals or fowl
(5) Agriculture, but not including the
strictly for family food production, nurseries and
other than those raised
there is not a retail shop operated in connection
greenhouses, provided
therewith, and provided that the greenhouse is set back at least sixty
feet from the front property line.
and private educational institutions a
oolshaving
(6) Public schools not
givenpublic
curriculum similar to that ordinarily give
nc schools or music
including privately owned trade, charm, 8
schools.
(7) Household pets.
(8) Cemeteries adjoining or in extension to existing cemeteries.
(9) Home occupations.
buildings customerily incident to the above.
(10) Accessory uses and
nusfor construc
(11) Temporarybuildings
oroabandonmentoofwtheork�conich
completionincident
buildings must be Pon theuses
struction work.
(12) Types of signs as follows:
(a) Name plates. One nonilluminated name plate for each
dwelling unit, not exceeding one and one-half square feet in area, indi-
a home occupation.
cating the name of the occupant and/or permitted
(b) Identification signs. One sign, not exceeding nine square
feet in area for conforming buildings or conforming uses other than
dwellings, boarding houses or lodging houses.
signs not exceeding nine
(c) Property signs. One or more
total area for each street frontage of the lot.
square feet in combined
In addition, one or more signs of a temporary nature for each approved
not exceed in
subdivision under development, provided such signs shall
feet for any one subdivision and
combined total area two hundred square
exceed one hundred square feet in area. In
C�1
that no one sign shall
addition, one or more signs of a temporary nature for main buildings or
such signs shall
uses under development other than dwellings, provided
hundred square feet.
�
not exceed in combined total area one
One or more public necessity signs
F'
(d) Public necessity signs.
feet in combined total area for each
not exceeding twenty-four square
use lawfully occupying the premises, provided
��
commercial or residential
that no one sign shall exceed eight square feet in area.
service signs not exceeding
G.?
(e) Service signs. One or more
feet in combined total area for each commercial or
twenty-four square
47
residential use lawfully occupying the premises, provided that no one
sign shall exceed eight square feet in area.
(f) Business signs. One or more signs not exceeding in total
area two square feet for each one linear foot of frontage occupied by
a : a twonfo_,are feet
rIial or industrial use, but in no case shall the
area of all signs exceed one hundred square feet. Uses not occupy
ing frontage may each have one or more signs nct exceeding forty square
feet in combined total area. In addition thereto, temporary business
s=_cns not exceeding one h,:ndred square feet for each cc*a-.ercial or in-
dustrial use lawfully occupying the-.!C_ses, pTGl'=uc= that no such
-
tE- orary sign s-ail be erected far :7:Ore = an =^i rt:' - s'
LOCetion Of Si(-nS. O :CAE=tC S1 ^•c, U��iC eC2SSl`V Or
(g) property line.
service signs may be located closer than te: fEcL LO apv
?game plates, business and identification signs shall be located flat
against the building.
(13) One story accessory buildings totaling not over seven hundred
and twenty square feet in area used for garage space, household storage,
above ground bomb or fallout shelters, or other activities strictly
accessory to the dwelling and containing no special wiring or plumbing
or other facilities making possible conversion to living or commercial
use. In addition, covered patios open on at least three sides shall be
permitted for patio purposes only Either attached to an accessory build-
ing or as a detached structure or attached to the rear of the home. If
attached to the rear of the home at least a fifteen foot open unoccupied
area must be maintained between the patio roof line and the rear pro-
perty line. All such accessory buildings must be located in the rear
yard and not less than sixty feet from the front lot line, thirty feet
for a corner lot on the side street, four feet in rear of the main build-
ing and fifteen feet from any dwelling o onantadjacent
rear ylot;
ardarea,and the total
covered area cannot exceed fifty percent
SEC. 51-13-2. AREA REGULATIONS. The minimum area of any lot shall
consist of seven thousand square feet. In any
district a lot extending
to a side or rear public alley shall be deemed to extend to the center
of such public alley for the purpose of ccmputing its area.
SEC. 51-13-3. SIDE YARD REGULATIONS. The minimum side yard for
any main building shall be thirty-five percent of the building height,
but in no case less than eight feet, and the total width of the two side
yards for any one lot shall be seventy percent of the building height,
but in no case less than twenty feet.
SEC. 51-13-4. FRONT YARD REGULATIONS. The minimum depth of the
front yard fur all main buildings shall be the average of the existing
buildings within the same block frontage, except that a front yard need
not be more than thirty feet in depth. k'here the average alignment is
less than fifteen feet, a fifteen foot front yard shall be required.
Where there are no existing buildings within the same block frontage,
the minimum depth shall be twenty feet.
SEC. 51-13-5. REAR YARD REGULATIONS. The mi:.imum depth of the
rear yard for any main building shall be twenty-five feet.
48
l
SEC. 51-13-6. HEIGHT REGUZATIONS. No building shall be erected to
a height in excess of thirty-five feet, and no dwelling shall be erected
to a height less than one full story above grade.
CP.APTER 14
RESIDENTIAL "R-2" DISTRICT
SECTIONS:
51-14-1. Use regulations.
51-14-2. Area regulations.
51-14-3. Side yard, front yard, rear yard and height regulations.
SEC. 51-14-1. USE REGULATIONS. In a Residential "R-2" district no
building erectedcwhich islarranged, intended, oranshall be used and ndesigned ntoobestructure
struture or used for
shall be
other than one or more of the following uses:
(1) Any use permitted in a Residential "R-l" district.
(2) Two-family dwellings.
(3) Dormitories, fraternity or sorority houses, or boarding houses
of any college or university and
occupied only by the faculty orstudents
supervised by the authorities thereof, provided, however, that such
houses shall not be located or established more than six hundred feet
distant from the lands and premises owned and occupied by the institu-
tion to which they are incident; and provided, further, that for the
purposes of this
estminstersection
Collegelands
shalland
bepremises
deemed tocincludeythe University
only the
of Utah and w
following described property:
UNIVERSITY OF UTAH: Commencing at the southeast corner of First
South Street and University Street; thence south along the west boundary of
the University of Utah to the north line of Fifth South Street; thence
east along the north line of 5th South Street and Hempstead
Road norto esterly
the intersection of Hempstead Road and Wasatch Drive;thence
along Wasatch Drive to the intersection of Fort Douglas Boulevard; thence
westerly along Fort Douglas Boulevard to a point two hundred feet east
of the intersection of Wolcott Street and Federal Way; thence south four
hundred and ninety-two feet more or less to First South Street; thence
west along the south side of First South Street to the point of beginning.
WESTMINSTER COLLEGE: Co:.-encing at the southeast corner of 13th
East Street and 17th South Street; thence south along the west line of
13th East Street one thousand two hundred and seventy-five feet; thence
west one hundred and thirty-two feet; thence south one hundred and fifty
feet; thence west six hundred and twenty-seven feet more or less to the
east line of 12th East Street; thence north along the east line of 12th
East Street to the center of Emigration Creek; thence northwesterly along
Emigration Creek to the east line of 12th East Street three hundred and
fifty-six feet; thence east along the south line of Wilson Avenue one
hundred and seventy-five feet; thence north six hundred and sixty feet
along the east line of 12th East Street to the south line of 17th South
Street; thence east seven hundred feet to the point of beginning.
49
SEC. 51-14-2. AREA REGULATIONS. The minimum lot area shall be
not less than five thousand square feet for a single-family dwelling or
far a two-family dwelling.
six thousand square feet
SEC. 51-14-3. SIDE YARD, FRONT YARD, REAR YARD AND HEIGHT REGULA-
TIONS. Same as for Residential "R-l" district.
RESIDENTIAL "R-2A" D_S7RIC1
SECTIONS:
51-15-1. Use regulations. and and
51-15-2. Area regulations, side yard, front yard, re y
height regulations.
51-15-3. Special exceptions.
SEC. 51-15-1. USE REGULATIONS. In a Residenti "R-2A" district
no building or structure or land shall be used and o building or struc-
ture shall be erected which is arranged, intended or designed to be
used for other than one or more of the folio»in uses:
(1) Any use permitted in a Residential " 2" district.
(2) Accessory uses as specified under a sidential "R-l" district,
in conformity with the requirements govern g such uses. In addition
thereto, private garages or paved parkin areas may be maintained for
storage purposes only, where no repair acilities are provided, when
located in the rear yard of the struc re to which they are accessory,
not less than sixty feet from the fr nt lot line and not less than thirty
feet from any other street line on hick the property faces and fifteen
feet from any residential unit o an adjoining lot.
SEC. 51-15-2. AREA REG ATIONS, SIDE YARD, FRONT YARD, REAR YARD,
AND HEIGHT REGULATIONS. Sa as for a Residential "R-2" district.
SEC. 51-15-3. SPEC AL EXCEPTIONS PERMITTED. A special exception
permitting an apartmen house and/or group dwellings may be authorized
in a Residential "R- " district by the Board of Adjustment following
the conditions and rocedures outlined in section 51-6-10 of this title.
r:
CHAPTER 16
RESIDENTIAL "R-4" DISTRICT
f l
SECTI I S : }
51-16-1. Use regulations. �
51-16-2. .::ea -eguloticns.
50
EXHIBIT 3) GACC Revolving Loan Fund Letter
1��
'EI
'1 / ED
! - Y
GREATER AVENUES �� tfi�C�Ul��tt
925 Second Avenue
Salt Lake City, Utah, 84103
Board of City Commissioners
City and County Building
Salt Lake City, Utah, 84111
Gentlemen:
Member Salt Lake Association
of Community Councils
December 28, 1979
The Greater Avenues Community Council respectfully requests that time
be scheduled during the January 2, 1980 hearing before you on the closure of
8th Avenue between C and D Streets, to present a related a compensatory petition.
Our Council has agreed to not oppose the closure of this street in exchange
for the guarantees offered by Intermountain Health Care which were enumerated
before you on December 19. Should you actually decide to close that street
there still remains a considerably important, unresolved detail.
The closure of 8th Avenue constitutes, in actuality, the sale of publicly -
owned property, to the benefit of a privately -owned institution. The sale not
only constitutes a loss to Avenues' residents of the benefits derived from
the property, but the future institutional use of the property brings with it
a serious, negative impact on the Avenues Community.
We have already experienced many recent intrusions on our neighborhood.
Without belaboring the point, we mention the following losses:
Block
Location
Demolition
Purpose
101
7th
&
8th, B & C
7
homes
Construction of Parking
Terrace
102
7th
&
8th, C & D
12
homes
Parking
Lot
122
8th
&
9th, D & E
5
homes
Parking
Lot
130
9th
&
10th, C & D
10
homes
Parking
Lot
130
9th
&
10th, C & D
10
homes
Doctors
Clinic
44 home total
As you can see this adds up to a loss of 44 homes to the purpose of
hospital expansion. The rezoning to RH and R2A of blocks 122 and 124 (to the
immediate west and east of the main hospital) will eventually bring the demoltion
of another 14 homes, for a total of 58. In addition, the closure of 8th Avenue
and the construction of a new hospital facility on Block 102 will mean the
demolition of 9 more homes --homes which we have requested be preserved, in front
of the new facility. We have been denied consideration for their preservation.
This, then, adds up to a grand total of 67 homes.
The main point is that not only has the neighborhood sustained major losses
in the past, but that the sale of the 8th Avenue property for hospital use
entails further neighborhood deterioration, and that this deterioration is a result
of the disposition of an asset that belongs to that neighborhood. In all
fairness the proceeds deriving from that sale ought to be used in a way which
would offer some compensation to that neighborhood for its loss.
We therefore petition the Commission to set up an Avenues' Captial
Improvements and Neighborhood Preservation Fund to be created with the
proceeds from the sale of 8th Avenue. The fund would be used in two ways.
First, there have already been many attempts to acquire a revolving
fund specifically for purposes of historic preservation. This fund could
serve that purpose as well as the purpose of neighborhood preservation. When
homes are threatened, there would be an available source of revenue to secure
the endangered properties, attach preservation covenants to them, and
resell the properties on the open market.
Second, a portion of the money could be made available as a Capital
Improvements fund. We suggest that the major item needed is that of
hillside preservation.
Hopefully, the creation of a fund for these purposes will not only
help with needed improvements for the neighborhood, but will also contribute
to continuing good Neighborhood -Hospital relations.
Sincerely,
1 4
Justin Stewart
Chairman
EXHIBIT 4) Property Owner Notice
"1' 11170 010
Dear Property Owner,
NOTIFICATION OF A REQUEST
AFFECTING YOUR PROPERTY
May 24, 2023
RESPONSE REQUESTED
We would like to bring to your
attention a Restrictive
Covenant that has recently
come to the attention of Salt
Lake City Planning Staff. This
covenant affects your
property, as well as seventeen
others indicated on the map to
the right. The Restrictive
Covenant was recorded on
your property in 1981 and was
associated with the street
closure of 8th Avenue between
C and D Streets.
The covenant restricts the land
uses to those permitted in the
R-2 (Single and Two Family
Residential) zoning district in
effect in 1981. It is important
to note that in 1995, the city
conducted a comprehensive
revision of the zoning code, resulting in the rezoning of your property from R-2 to SR-1A
(Special Development Pattern Residential). Your property is currently subject to all the
restrictions imposed by the SR-1A zone, as well as any land use restrictions that existed
in the 1981 R-2 zone.
The most significant implication of this restriction is that you are prohibited from
constructing a detached accessory dwelling unit, due to the strict limitations found in
the 1981 R-2 zoning.
Planning Staff received interest from at least one affected property owner regarding the
removal of this restriction. To streamline the process, we would like to request the City
Council's consideration for the simultaneous removal of the restriction on all affected
properties.
The purpose of this notice is to inform you of the restriction and to inquire about your
preferred course of action for the removal of the restrictive covenant from your
property. Please contact me, Krissy Gilmore, at Kristina.Gilmore@slcgov.com or
801-535-778o before July 8, 2023. After this date, we will begin processing the
request and schedule a briefing with the City Council. Subsequently, the City Council
will arrange a follow-up meeting to vote on the matter.
If we do not receive a response from you, we will assume that you agree to
include your property in the application for the removal of the restrictive
covenant.
Thank you for your attention to this matter.
Sincerely,
2GQ=Q�J l/
Krissy Gilmore
Senior Planner
Salt Lake City Planning Division
801-535-778o
Kristina.Gilmore@slcgov.com
EXHIBIT 5) Ordinance for Removal
SALT LAKE CITY ORDINANCE
No. of 202_
(Relinquishing Salt Lake City's interests in restrictive covenants on certain real property)
An ordinance relinquishing Salt Lake City's interests as a beneficiary of restrictive
covenants on certain real property related to Ordinance 40 of 1981.
WHEREAS, In January 1980, the Salt Lake City Council ("City Council") heard a
petition by Intermountain Health Care, Inc. ("IHC") to close a portion of 8a' Avenue between C
and D Streets to for IHC to acquire that portion of right-of-way to accommodate expansion of its
LDS Hospital property; and
WHEREAS, at the time, IHC owned 18 residential parcels adjacent to the hospital
property (the "Affected Properties"); and
WHEREAS, concerns were raised by property owners in the nearby community as well
as by the Greater Avenues Community Council concerning IHC's expansion efforts that
residential dwellings had already been lost to prior LDS Hospital expansion and that further
expansion could result in additional loss of dwellings; and
WHEREAS, on May 19, 1981, the City Council passed Ordinance 40 of 1981, which
closed a portion of 8r' Avenue between C and D Streets, but retained ownership thereof until
terms of a deed conveying the portion of right-of-way could be agreed upon; and
WHEREAS, the City Council made Ordinance 40 of 1981 effective 30 days following
publication of that ordinance; and
WHEREAS, to satisfy the requirements of the City Council and the wishes of the Greater
Avenues Community Council, IHC recorded a restrictive covenant (the "Restrictive Covenant")
against the Affected Properties on September 18, 1981 (Salt Lake County Recorder Entry No.
3608995) in favor of Salt Lake City and the Greater Avenues Community Council, which
restrictive covenant limited the use of the Affected Properties to only single-family dwellings,
two-family dwellings, and any other uses allowed in the R-2 zoning district at that time; and
WHEREAS, in 1995, the City Council adopted a comprehensive amendment of the city's
land use regulations, which effort also rezoned the Affected Properties from R-2 Single- and
Two -Family Residential District to SR- lA Special Development Pattern Residential District; and
WHEREAS, at the time the Restrictive Covenant was recorded, the R-2 Single- and Two -
Family Residential District prohibited accessory dwelling structures that could be used as a
dwelling; and
WHEREAS, in recent years, the City Council has amended Title 2 1 A of the Salt Lake
City Code to allow accessory dwelling units in residential districts, including both the R-2
Single- and Two -Family Residential District and SR- lA Special Development Pattern
Residential District; and
WHERAS, IHC no longer owns any of the Affected Properties; and
WHEREAS, the City Council finds that the purposes of the Restrictive Covenant are no
longer necessary and the R-2 use restrictions applicable in 1981 have become inimical to the
city's goals and policies in furtherance of creating more housing opportunities; and
WHEREAS, after a public hearing on this matter the City Council has determined that
adopting this ordinance is in the city's best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Relinquishing the City's Interests in the Restrictive Covenants. The City
Council hereby declares the Restrictive Covenants no longer necessary and hereby relinquishes
Salt Lake City's interests in the Restrictive Covenants. Recording this Ordinance against the
Affected Properties in the Salt Lake County Recorder's Office shall be evidence of the city's
forfeiture of rights in the Restrictive Covenants.
SECTION 2. Effective Date. This Ordinance shall become effective on the date of its
first publication.
Passed by the City Council of Salt Lake City, Utah, this
202.
ATTEST AND COUNTERSIGN:
CITY RECORDER
Transmitted to Mayor on
Mayor's Action:
CHAIRPERSON
Approved. Vetoed.
MAYOR
CITY RECORDER
(SEAL)
Bill No. of 202.
Published:
Ordinance removing restrictive covenant related to Ord 40 of 1981
Signature:
Alejandro Sanc ez(Nov 8,202309:01 MST)
Email: alejandro.sanchez@slcgov.com
day of
APPROVED A5 TO FORM
Salt Lake City Attorney's Office
r_._. November 3. 202:
By:
City Attorney
Avenues Restrictive Covenant
Final Audit Report 2023-11-09
Created: 2023-11-07
By: Aubrey Clark (aubrey.clark@slcgov.com)
Status: Signed
Transaction ID: CBJCHBCAABAAjJgXDsXe70lVOjCFnXXIF87rkRwfKSEn
"Avenues Restrictive Covenant" History
Document created by Aubrey Clark (aubrey.clark@slcgov.com)
2023-11-07 - 10:23:10 PM GMT
Document emailed to Blake Thomas (blake.thomas@slcgov.com) for signature
2023-11-07 - 10:33:16 PM GMT
Email viewed by Blake Thomas (blake.thomas@slcgov.com)
2023-11-07 - 10:56:02 PM GMT
dp Document e-signed by Blake Thomas (blake.thomas@slcgov.com)
Signature Date: 2023-11-07 - 11:18:50 PM GMT - Time Source: server
C'► Document emailed to Alejandro Sanchez (alejandro.sanchez@slcgov.com) for signature
2023-11-07 - 11:18:52 PM GMT
Email viewed by Alejandro Sanchez (alejandro.sanchez@slcgov.com)
2023-11-07 - 11:24:35 PM GMT
dg Document e-signed by Alejandro Sanchez (alejandro.sanchez@slcgov.com)
Signature Date: 2023-11-08 - 4:01:26 PM GMT - Time Source: server
Icy Document emailed to rachel otto (rachel.otto@slcgov.com) for signature
2023-11-08 - 4:01:29 PM GMT
Email viewed by rachel otto (rachel.otto@slcgov.com)
2023-11-09 - 3:29:42 PM GMT
Document e-signed by rachel otto (rachel.otto@slcgov.com)
Signature Date: 2023-11-09 - 3:59:26 PM GMT - Time Source: server
Agreement completed.
2023-11-09 - 3:59:26 PM GMT
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