HomeMy WebLinkAboutCouncil Provided Information - 10/7/2025
COUNCILSTAFFREPORT
CITY COUNCILof SALT LAKE CITYTO:City Council MembersFROM:Brian Fullmer, Policy AnalystDATE:October 7, 2025RE:Alley Vacation – 1470 East 1300 South
(PLNPCM2025-00219)BRIEFING UPDATEDuring the September 9, 2025 Council briefing, Council Members clarified the north/south alley segment is currently used by property owners but is not
included in the requested alley vacation. Council Members noted the numerous structures encroaching on the alley and that residents would benefit from the additional land.The following
information was provided for September 9, 2025 Council meetings. It is included again for background purposes.ISSUE AT-A-GLANCEThe Council will be briefed abouta proposal to vacate an
approximately 12-foot by 535-foot alley segment betweenabout 1430 East and 1500 East,and between 1300 South and Sherman Avenue in City Council District Six. The alley is impassable,
blocked by numerous garages, fences and walls. Historical records show several structures have been encroaching on the alley property since at least 1950. It is unclear if the alley
ever existed other than on paper.If approved by the City Council, the alley property would be divided in half and given to the abutting property owners.The Planning Commission reviewed
this petition at its July 9, 2025 meeting and held a public hearing at which one person spoke expressing concern that dividing the alley property equally between abutting owners rather
than where encroachments are located may lead to conflicts between property owners. Planning staff recommended and the PlanningCommission voted 5-3 to forward a positive recommendation
to the City Council for the proposed alley vacation.One Commissioner who voted against the proposal felt it did not meet the lack of use standard because it was self-imposed by building
structures that encroach on the alley. Other Commissioners who were opposed did not indicate why.Goal of the briefing:Review the alley closure anddetermine if the Council supports moving
forward with the proposal.Aerial image the subject alley segment outlined in yellow.
Image courtesy of Salt Lake City Planning DivisionADDITIONAL INFORMATIONThere are 25 properties abutting the alley segmentas shown in the image above. Four properties west of the subject
segment are not included in the proposed vacation as three of those use the alley for access to their property. A north/south segment connecting the alley to 1300 South and Sherman Avenue
is also not included in the request.Whether the Council votes to vacate the alley or not, there is risk of property owners being enforced upon for encroaching into the alley. If the
alley is not vacated and encroachment is reported to City Civil Enforcement, the property owner(s) would be required to correct the encroachment. If the alley is vacated and divided
between property owners, there is potential for dispute between property owners over encroachments. That would be a civil matter between owners, and the City would not be involved.City
Department Review
Attachment I(page 41) of the Planning Commission staff report includes comments from City department review of the proposal. These are summarized below. Please see the staff report for
additional information. The Engineering Division does not support the proposed alley vacation citing potential future access needs, and utility easements. They said Rocky Mountain Power
has power poles in the alley and will need access to them. (Staff note:it is unclear how Rocky Mountain Power previously accessed the poles through the alley if there have been encroachments
for at least 75 years.) If the alley is vacated by the Council, any existing rights-of-way and easements would remain.No other responding department or division expressed concerns with
the proposal.KEY CONSIDERATIONS
Planning staff identified four key considerations during analysis of these proposals which are found on pages 3-5 of the Planning Commission staff report and summarized below. For the
complete analysis please see the staff report.Consideration 1 – Property Owner Consent
City code requires a minimum of 75% of property owners abutting alleys being considered for vacation sign a petition expressing support. There are 25 properties abutting the subject
alley segment and 21 (84%) are supportive, exceeding the minimum requirement.Consideration 2 – Policy Considerations
Planning staff found the proposed alley vacation satisfies the Lack of Use policy consideration included in the table below.Consideration 3 – Community Plan Considerations
Planning staff reviewed how the proposed alley vacation aligns with the East Bench General Plan and Plan Salt Lake. Planning found that the East Bench General Plan “does not include
any specific direction on the public alleys within the plan area. Vacating this alley will not impact the way the neighborhood residents access their properties.”An initiative in Plan
Salt Lakesupports connectivity and circulation within neighborhoods. Alleys can help provide these connections, but the subject alley has not been used for at least 75 years and is not
currently usable.Consideration 4 – Neighbor Concerns About Property Line Disputes
Planning was contacted by some neighbors expressing concern about potential property line disputes if the alley is vacated and alley property divided between abutting neighbors. The
concern is structures, fences, or walls encroaching on what would be a neighbor’s property could lead to these disputes.As discussed above, there is risk of enforcement for encroachment
either by the City or a neighboring property owner depending on if the City retains the alley or vacates it.ANALYSIS OF STANDARDSAttachment G (pages 30-35 of the Planning Commission
staff report) includes factors to consider when reviewing alley vacation requests. The following is a summary of what is in the staff report. Please see the report for additional information.FactorFinding14.52.020
- The City will not consider disposing of its interest in an alley, in whole or in part, unless it receives a petition in writing which demonstrates that the disposition satisfies at
least one of the following policy considerations:A - Lack of Use- The City’s legal interest in the property appears of record or is reflected on an applicable plat; however, it is evident
from an on-site inspection that the alley does not physically exist or has been materially blocked in a way that renders it unusable as a public right-of-way.B - Public Safety- The existence
of the alley is substantially contributing to crime, unlawful activity or unsafe conditions, public health problems, or blight in the surrounding area.C - Urban Design- The continuation
of the alley does not serve as a positive urban design element.D - Community Purpose- The petitioners are proposing to restrict the general public from use of the alley in favor of a
community use, such as a neighborhood play area or garden.CompliesPlanning staff found the alley vacation request is consistent with policy consideration A – Lack of Use.Section 14.52.030.BSalt
Lake City Codedirects the Planning Division to analyze factors in the following table. Planning staff found the proposed alley meetsall eight factors.FactorPlanning Staff FindingThe
City Police Department, Fire Department, Transportation Division, and all other relevant City Departments and Divisions have no objection to the proposed disposition of the property.CompliesThough
the Engineering Division is not supportive of the alley vacation, noting the need for Rocky Mountain Power to access its power poles. Planning contacted the power company for feedback
but did not receive comments. Based on the lack of response, and the fact that alley access has been blocked for decades, Planning believes it is safe to assume the power poles have
been accessed from residents’ properties.The petition meets at least one of the policy considerations stated above.Complies with Policy Consideration A – Lack of Use.The petition must
not deny sole access or required off-street parking to any adjacent property.CompliesThe petition will not result in any property being landlocked.CompliesThe disposition of the alley
property will not result in a use which is otherwise contrary to the policies of the City, including applicable master plans and other adopted statements of policy which address, but
which are not limited to, mid-block walkways, pedestrian paths, trails, and alternative transportation uses.CompliesNo opposing abutting property owner intends to build a garage requiring
access from the property, or has made application for a building permit, or if such a permit has been issued, construction has been completed within 12 months of issuance of the building
permit.CompliesThe petition furthers the City preference for disposing of an entire alley, rather than a small segment of it; andCompliesPlanning reasoned that because the proposal vacates
most of the alley rather than a small segment of it, this factor is satisfied.The alley is optional for actual or potential rear access to residences or for accessory uses.CompliesPROJECT
CHRONOLOGYApril 7, 2025–Petition submitted to Salt Lake City Planning Division.April 24, 2025 – Petition assigned to Seth Rios, Principal Planner.May 6, 2025 – Notification sent to the
Wasatch Hollow Community Council. KEEPYalecrest Community Council, and Yalecrest Neighborhood Council.45-day input period begins.Property owners and tenants within 300 feet of the alley
were provided early notice of the proposal.June 27, 2025 – Public hearing notice signs were posted on the property.Public hearing notices were mailed by the Planning Division.Public
hearing notices were posted on the City and State websites, and posted on the Planning Division listserv.July 9, 2025 – Planning Commission reviewed the proposal and held a public hearing
The Commissionvoted 5-3 to in favor of forwarding a recommendation of approval.July 29, 2025 – Ordinance requested from Attorney’s OfficeAugust 5, 2025 – Ordinance received from Attorney’s
Office.August 28, 2025 – Transmittal received in City Council Office.ALLEY CLOSURE PROCESS
The alley closure process is dictated by Chapter 14.52 Salt Lake City Code which is included below for reference.
14.52.010: DISPOSITION OF CITY'S PROPERTY INTEREST IN ALLEYS:
The City supports the legal disposition of Salt Lake City's real property interests, in whole or in part, with regard to City owned alleys, subject to the substantive and procedural
requirements set forth herein. (Ord. 24-02 § 1, 2002)
14.52.020: POLICY CONSIDERATIONS FOR CLOSURE, VACATION OR ABANDONMENT OF CITY OWNED ALLEYS:
The City will not consider disposing of its interest in an alley, in whole or in part, unless it receives a petition in writing which demonstrates that the disposition satisfies at least
one of the following policy considerations:
A. Lack Of Use: The City's legal interest in the property appears of record or is reflected on an applicable plat; however, it is evident from an on site inspection that the alley
does not physically exist or has been materially blocked in a way that renders it unusable as a public right-of-way;
B. Public Safety: The existence of the alley is substantially contributing to crime, unlawful activity, unsafe conditions, public health problems, or blight in the surrounding area;
C. Urban Design: The continuation of the alley does not serve as a positive urban design element; or
D. Community Purpose: The petitioners are proposing to restrict the general public from use of the alley in favor of a community use, such as a neighborhood play area or garden.
(Ord. 24-02 § 1, 2002)
14.52.030: PROCESSING PETITIONS:
There will be three (3) phases for processing petitions to dispose of City owned alleys under this section. Those phases include an administrative determination of completeness; a public
hearing, including a recommendation from the Planning Commission; and a public hearing before the City Council.
A. Administrative Determination Of Completeness: The City administration will determine whether or not the petition is complete according to the following requirements:
1. The petition must bear the signatures of no less than seventy five percent (75%) of the neighbors owning property which abuts the subject alley property;
2. The petition must identify which policy considerations discussed above support the petition;
3. The petition must affirm that written notice has been given to all owners of property located in the block or blocks within which the subject alley property is located;
4. A signed statement that the applicant has met with and explained the proposal to the appropriate community organization entitled to receive notice pursuant to title 2, chapter
2.60 of this Code; and
5. The appropriate City processing fee shown on the Salt Lake City consolidated fee schedule has been paid.
B. Public Hearing And Recommendation From The Planning Commission: Upon receipt of a complete petition, a public hearing shall be scheduled before the Planning Commission to consider
the proposed disposition of the City owned alley property. Following the conclusion of the public hearing, the Planning Commission shall make a report and recommendation to the City
Council on the proposed disposition of the subject alley property. A positive recommendation should include an analysis of the following factors:
1. The City Police Department, Fire Department, Transportation Division, and all other relevant City departments and divisions have no reasonable objection to the proposed disposition
of the property;
2. The petition meets at least one of the policy considerations stated above;
3. Granting the petition will not deny sole access or required off street parking to any property adjacent to the alley;
4. Granting the petition will not result in any property being landlocked;
5. Granting the petition will not result in a use of the alley property which is otherwise contrary to the policies of the City, including applicable master plans and other adopted
statements of policy which address, but which are not limited to, mid block walkways, pedestrian paths, trails, and alternative transportation uses;
6. No opposing abutting property owner intends to build a garage requiring access from the property, or has made application for a building permit, or if such a permit has been
issued, construction has been completed within twelve (12) months of issuance of the building permit;
7. The petition furthers the City preference for disposing of an entire alley, rather than a small segment of it; and
8. The alley property is not necessary for actual or potential rear access to residences or for accessory uses.
C. Public Hearing Before The City Council: Upon receipt of the report and recommendation from the Planning Commission, the City Council will consider the proposed petition for disposition
of the subject alley property. After a public hearing to consider the matter, the City Council will make a decision on the proposed petition based upon the factors identified above.
(Ord. 22-19, 2019: Ord. 58-13, 2013: Ord. 24-11, 2011)
14.52.040: METHOD OF DISPOSITION:
If the City Council grants the petition, the City owned alley property will be disposed of as follows:
A. Low Density Residential Areas: If the alley property abuts properties which are zoned for low density residential use, the alley will merely be vacated. For the purposes of this
section, "low density residential use" shall mean properties which are zoned for single-family, duplex or twin home residential uses.
B. High Density Residential Properties And Other Nonresidential Properties: If the alley abuts properties which are zoned for high density residential use or other nonresidential
uses, the alley will be closed and abandoned, subject to payment to the City of the fair market value of that alley property, based upon the value added to the abutting properties.
C. Mixed Zoning: If an alley abuts both low density residential properties and either high density residential properties or nonresidential properties, those portions which abut
the low density residential properties shall be vacated, and the remainder shall be closed, abandoned and sold for fair market value. (Ord. 24-02 § 1, 2002)
14.52.050: PETITION FOR REVIEW:
Any party aggrieved by the decision of the City Council as to the disposition of City owned alley property may file a petition for review of that decision within thirty (30) days after
the City Council's decision becomes final, in the 3rd District Court. (Ord. 24-02 § 1, 2002)