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Home My WebLink AboutCouncil Provided Information - 10/7/2025CITY COUNCIL OF SALT LAKE CITY 451 SOUTH STATE STREET, ROOM 304 P.O. BOX 145476, SALT LAKE CITY, UTAH 84114-5476 SLCCOUNCIL.COM TEL 801-535-7600 FAX 801-535-7651 COUNCIL STAFF REPORT CITY COUNCIL of SALT LAKE CITY TO:City Council Members FROM:Brian Fullmer, Policy Analyst DATE:October 7, 2025 RE: Partial Street Vacation at 1101 West 400 South (PLNPCM2025-00178) BRIEFING UPDATE During the September 2, 2025 briefing Council Members discussed an inconsistent width on 400 South if the proposal is approved by the Council, and that any vacated property would be sold at market value. The following information was provided for previous meetings. It is included again for background purposes. ISSUE AT-A-GLANCE The Council will be briefed about a proposal to vacate (or relinquish ownership of) a portion of the public right-of-way adjacent to the petitioner’s property on the southwest corner of 1100 West and 400 South. The property requested to be vacated is approximately 5 feet wide and between the property line and sidewalk along the two street facing sides of the parcel. It would not impact pedestrian use of the sidewalk. The property owner’s stated objective is to demolish the current vacant home and construct a new single- family residence on the property. Vacating a portion of the right-of-way would slightly increase the property’s buildable area. Any right-of-way property vacated by the Council would be sold to the property owner at fair market value. They would be required to obtain an appraisal of the property. The Planning Commission reviewed the proposal at its May 28, 2025 meeting and held a public hearing at which no one spoke. Some Commissioners cited concerns with retaining a consistent right-of-way width on 400 South, and impacts vacating the property could have on potential future extension of the 400 South Viaduct Tail west of 900 West. Item Schedule: Page | 2 Planning staff recommended and the Commission voted 7:2 to forward a recommendation of approval to the City Council for the requested right-of-way vacation along 1100 West and a recommendation to deny the portion along 400 South. Commissioners who voted against the motion did not state their reasons for objecting to it. Aerial image of the subject property. Image courtesy of Salt Lake City Planning Division Goal of the briefing: Review the proposed partial street closure, determine if the Council supports moving forward with the proposal. POLICY QUESTION ADDITIONAL INFORMATION Page | 3 The applicant requested a variance in 2024 to reduce setback standards to allow more buildable space. The Appeals Hearing Officer determined that the strict variance standards were not met and denied the request. KEY CONSIDERATIONS Planning staff identified four key considerations during analysis of this proposal which are found on pages 5-7 of the Planning Commission staff report and summarized below. For the complete analysis please see the staff report. Consideration 1 – How the Proposal Helps Implement City Goals & Policies Identified in Adopted Plans Planning reviewed the proposed partial street vacation and how it aligns with the following City plans: Westside Master Plan (2014) Salt Lake City Urban Design Element (1990) Major Street Plan (2018) Consideration 2 – Utah State Code Section 10-9a-609.5 of Utah State Code grants power to cities to vacate streets upon the request of the governing body or a property owner: 10-9a-609.5. Petition to vacate a public street. (3) If a petition is submitted containing a request to vacate some or all of a public street or municipal utility easement, the legislative body shall hold a public hearing in accordance with Section 10-9a-208 and determine whether: (a) good cause exists for the vacation; and (b) the public interest or any person will be materially injured by the proposed vacation. Consideration 3 – Salt Lake City Ordinance As discussed above, street vacations are processed like alley vacations following the standards found in Salt Lake City Code Chapter 14.52: Disposition of City Owned Alleys. Page | 4 Planning’s analysis of these standards is found in Attachment D (pages 15-16 of the Planning Commission staff report). Consideration 4 – Department Review Comments The City Transportation and Engineering Divisions expressed concerns with the requested partial street vacation. Transportation recommended denial of the vacation along 400 South citing the need for a consistent right-of-way for potential improvements including widening the street and possible extension of the 400 South trail. However, they did not object to the 1100 West vacation. Engineering did not support reducing the right-of-way and recommended retaining consistent width throughout the street. PROJECT CHRONOLOGY February 25, 2025 – Application for street vacation was received by Planning Division. March 10, 2025 – Petition assigned to Andy Hulka, Principal Planner. March 18, 2025 – o Notice was sent to the Poplar Grove Community Council informing them of the petition. The 45- day input and comment period began. o Early notification was sent to property owners within 300 feet of the applicant’s property. May 2, 2025 – The 45-day public comment period for recognized organizations ended. May 16, 2025 – Public hearing notice signs posted on the property. May 28, 2025 – The Planning Commission held a public hearing and made a recommendation to the City Council to approve the right-of-way portion adjacent to 1100 West and a recommendation to deny the requested right-of-way portion adjacent to 400 South. June 25, 2025 – Planning staff requested ordinance from the Attorney’s Office. July 28, 2025 – Ordinance received from the Attorney’s Office. August 6, 2025 – Transmitted to City Council Office. STREET CLOSURE PROCESS The street closure process is dictated by Section 10-9a-609.5 Utah State Code which is included below for reference. 10-9a-609.5. Petition to vacate a public street. Page | 5 (3)If a petition is submitted containing a request to vacate some or all of a public street or municipal utility easement, the legislative body shall hold a public hearing in accordance with Section 10-9a- 208 and determine whether: (a)good cause exists for the vacation; and (b)the public interest or any person will be materially injured by the proposed vacation. (4)The legislative body may adopt an ordinance granting a petition to vacate some or all of a public street or municipal utility easement if the legislative body finds that: (a)good cause exists for the vacation; and (b)neither the public interest nor any person will be materially injured by the vacation. (5)If the legislative body adopts an ordinance vacating some or all of a public street or municipal utility easement, the legislative body shall ensure that one or both of the following is recorded in the office of the recorder of the county in which the land is located: (a)a plat reflecting the vacation; or (b)(i)an ordinance described in Subsection (4); and (ii)a legal description of the public street to be vacated. (6)The action of the legislative body vacating some or all of a public street or municipal utility easement that has been dedicated to public use: (a)operates to the extent to which it is vacated, upon the effective date of the recorded plat or ordinance, as a revocation of the acceptance of and the relinquishment of the municipality's fee in the vacated public street or municipal utility easement; and (b)may not be construed to impair: (i)any right-of-way or easement of any parcel or lot owner; (ii)the rights of any public utility; or (iii)the rights of a culinary water authority or sanitary sewer authority. (7)(a)A municipality may submit a petition, in accordance with Subsection (2), and initiate and complete a process to vacate some or all of a public street. (b)If a municipality submits a petition and initiates a process under Subsection (7)(a): (i)the legislative body shall hold a public hearing; (ii)the petition and process may not apply to or affect a public utility easement, except to the extent: (A)the easement is not a protected utility easement as defined in Section 54-3-27; (B)the easement is included within the public street; and (C)the notice to vacate the public street also contains a notice to vacate the easement; and (iii)a recorded ordinance to vacate a public street has the same legal effect as vacating a public street through a recorded plat or amended plat. (8)A legislative body may not approve a petition to vacate a public street under this section unless the vacation identifies and preserves any easements owned by a culinary water authority and sanitary sewer authority for existing facilities located within the public street.