Transmittal - 7/4/2021ERIN MENDENHALL
Mayor
DEPARTMENT of COMMUNITY
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:
Amy Fowler, Chair
FROM: Blake Thomas, Director, Department of Community & Neighborhoods
__________________________
SUBJECT: PLNPCM2020-00572 – Learned Avenue Alley Vacation
STAFF CONTACT: Aaron Barlow, Principal Planner,
aaron.barlow@slcgov.com, 385-386-2764
DOCUMENT TYPE: Ordinance
RECOMMENDATION: Follow the recommendation of the Planning Commission and approve
with the following recommended condition:
1.The proposed 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.
2. The applicant works with the City Council and relevant City departments on an
agreement that addresses the displacement of the four existing single-family houses and
explore adding additional affordable housing.
BUDGET IMPACT: None
BACKGROUND/DISCUSSION: Jarod Hall of Di'velept Design, as a representative of Riley
Rogers (the owner of surrounding property), has initiated a petition to vacate a 180-foot long
section of public alley to consolidate the properties immediately abutting the alley. The 16.5-foot
wide alley currently functions as an extension of the parking lot for the restaurant north of the
alley (located at 1025 West North Temple). Residents of the adjacent single-family houses also
use the alley's painted parking stalls.
March 22, 2021
Lisa Shaffer (Mar 23, 2021 12:45 MDT)
03/23/2021
03/23/2021
When staff initially received the application, all adjacent property owners supported the vacation
and signed the petition (which is included with exhibit 3b). However, as of this report's date, the
applicant now owns all properties adjacent to the subject alley. If the petition is approved, the
applicant plans to consolidate the lots adjacent to the alley and construct a multi-family
residential structure. The proposed project will still need to meet relevant zoning requirements,
and the applicant will need to submit a separate petition.
The subject alley abuts four existing single-family houses that could be considered naturally
occurring affordable housing. The applicant's plan to redevelop the block and demolish the
existing houses would remove this existing housing stock. The Planning Commission voted to
forward a positive recommendation on the alley vacation; however, the Commission also
recommended that the applicant work with the City Council to address the displacement of the
four existing houses and explore requiring additional affordable housing in the future project.
Specific details regarding the proposed alley vacation are in the Planning Commission Staff
Report (Exhibit 3b).
PUBLIC PROCESS:
• Early notification was sent to the Poplar Grove and Fairpark Community Council Chairs
requesting comments for the proposal. Neither Community Council asked the applicant or
Planning Staff to attend one of their meetings. Neither Community Council provided any
comments.
• Early notification was also sent out to property owners and residents within 300 feet of the
subject area. No public comment was received.
• Staff held a virtual Open House posted to the Salt Lake City website to solicit comments
from the public.
• A public hearing with the Planning Commission was held on December 2, 2020. One
individual commented on the project, asking whether the adjacent taqueria was going to be
removed. The applicant explained it was not part of their project. The Planning Commission
discussed the request and voted to forward a favorable recommendation to the City Council.
EXHIBITS:
1) Project Chronology
2) Notice of City Council Hearing
3) Planning Commission Record (December 2, 2020)
a) Hearing Notice
b) Staff Report
c) Agenda and Minutes
4) Mailing List
SALT LAKE CITY ORDINANCE
No. ________ of 2021
(Vacating a city-owned alley situated adjacent to properties located at
1025 West North Temple; and 1022, 1028, 1030 and 1032 West Learned Avenue)
An ordinance vacating an unnamed city-owned alley adjacent to properties located at
1025 West North Temple; and 1022, 1028, 1030 and 1032 West Learned Avenue, pursuant to
Petition No. PLNPCM2020-00572.
WHEREAS, the Salt Lake City Planning Commission held a public hearing on December
2, 2020, to consider a request made by Jarod Hall of D’velept Design (“Applicant”) (Petition No.
PLNPCM2020-00572) on behalf of the alley’s one adjacent property owner; and
WHEREAS, at its December 2, 2020, hearing, the planning commission voted in favor of
forwarding a positive recommendation on said petition to the Salt Lake City Council; and
WHEREAS, the city council finds after holding a public hearing on this matter, that there
is good cause to vacate the alleys and streets described below, and that vacating the city-owned
alleys and streets described below will not materially injure the public interest or any person.
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 1025 West North Temple; and 1022, 1028, 1030 and 1032 West Learned
Avenue, which is the subject of Petition No. PLNPCM2020-00572, 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 closure and 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. Conditions. This proposed street closure and vacation is conditioned upon
the following:
1) The proposed method of disposition of the alley property shall be consistent with the
method of disposition set forth in Section 14.52.040 (“Method of Disposition”) and
Chapter 2.58 (“City Owned Real Property”) of the Salt Lake City Code; and
2) The vacation is subject to payment to the city of the fair market value of the alley
property, based upon the value added to the abutting properties.
SECTION 4. Effective Date. This Ordinance shall become effective on the date of its
first publication and shall be recorded with the Salt Lake County Recorder. The city recorder is
instructed not to publish or record this ordinance until the conditions identified above have been
met as confirmed by the city’s real property manager.
SECTION 5. Time. If the conditions identified above have not been met within one year
after adoption, this ordinance shall become null and void. The city council may, for good cause
shown, by resolution, extend the time period for satisfying the conditions identified above.
Passed by the City Council of Salt Lake City, Utah this _______ day of
______________, 2021.
______________________________
CHAIRPERSON
ATTEST:
______________________________
CITY RECORDER
Transmitted to Mayor on _______________________.
Mayor's Action: _______Approved. _______Vetoed.
______________________________
MAYOR
______________________________
CITY RECORDER
(SEAL)
Bill No. ________ of 2021
Published: ______________.
APPROVED AS TO FORM
Salt Lake City Attorney’s Office
Date:__________________________________
By: ___________________________________
Paul C. Nielson, Senior City Attorney
March 9, 2021
EXHIBIT “A”
Legal description of the unnamed, city-owned
alley to be vacated:
A TRACT OF LAND BEING SITUATE IN BLOCK 56, PLAT C, SALT LAKE CITY
SURVEY, HAVING A BASIS OF BEARINGS OF BEARINGS BEING NORTH 00°01'32"
WEST BETWEEN THE MONUMENTS FOUND MARKING THE INTERSECTIONS OF
LEARNED AVENUE AND SOUTH TEMPLE STREET ALONG 1000 WEST STREET,
BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT 19, BOTHWELL AND
MCCONAUGHY SUBDIVISION, ON FILE WITH THE OFFICE OF THE SALT LAKE
COUNTY RECORDER, SAID POINT ALSO BEING NORTH 00°01'32" WEST ALONG THE
CENTERLINE OF 1000 WEST STREET A DISTANCE OF 399.09 FEET TO THE STREET
MONUMENT AT THE INTERSECTION OF 1000 WEST STREET AND LEARNED
AVENUE AND NORTH 00°00'49" WEST ALONG THE CENTERLINE OF SAID 1000
WEST STREET A DISTANCE OF 173.35 FEET AND NORTH 89°59'47" WEST 212.59 FEET
FROM THE MONUMENT AT THE INTERSECTION OF 1000 WEST STREET AND
SOUTH TEMPLE STREET, AND RUNNING THENCE NORTH 89°59'47" WEST 181.62
FEET TO THE NORTHWEST CORNER OF LOT 15 OF SAID SUBDIVISION; THENCE
NORTH 00°00'49" WEST 16.50 FEET TO THE SOUTHWEST CORNER OF LOT 14 OF
SAID SUBDIVISION; THENCE SOUTH 89°59'47" EAST 181.62 FEET TO THE
SOUTHEAST CORNER OF LOT 10 OF SAID SUBDIVISION; THENCE SOUTH 00°00'49"
EAST 16.50 FEET TO THE POINT OF BEGINNING.
CONTAINS 2,997 SQUARE FEET OR 0.069 ACRES, MORE OR LESS.
TABLE OF CONTENTS
1.PROJECT CHRONOLOGY
2.NOTICE OF CITY COUNCIL HEARING
3.PLANNING COMMISSION (December 2, 2020)
A.HEARING NOTICE
B.STAFF REPORT
C.AGENDA AND MINUTES
4.MAILING LIST (generated 01/19/2021)
1. CHRONOLOGY
PROJECT CHRONOLOGY
Petition: PLNPCM2020-00572
July 7, 2020 Petition received by the Planning Division.
August 4, 2020 Petition assigned to Aaron Barlow, Principal Planner, for staff
analysis and processing.
September 14, 2020 Notice of the project and request for comments sent to the Chairs of
the Poplar Grove and Fairpark Community Councils. Neither Chair
provided response to the request for comment.
September 14, 2020 Virtual Open House was posted to the Salt Lake City Website.
November 17, 2020 Planning Commission hearing notice mailed to owners and tenants of
property within 300 feet of the streets and alleys.
December 2, 2020 Planning Commission reviewed the petition and conducted a public
hearing. The commission then voted to send a positive
recommendation to the City Council.
2. NOTICE OF CITY
COUNCIL HEARING
NOTICE OF PUBLIC HEARING
The Salt Lake City Council is considering Petition PLNPCM2020-00572 Learned
Avenue Alley Vacation - A request from Jarod Hall of Di’velept Design,
representing the owner of surrounding property, Riley Rogers, to vacate the public
alley adjacent to the rear property line of 1025 West North Temple that runs mid-
block from east to west. The subject alley is surrounded by the TSA-SP-T (Special
Purpose Transit Station, Transition Area) zoning district and is located within
Council District #2, represented by Andrew Johnston.
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 meeting will not have a physical location.
**This will be an electronic meeting pursuant to the Salt Lake City Emergency
Proclamation. If you are interested in participating in the Public Hearing, please
visit our website at www.slccouncil.com 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 Aaron Barlow at 385-386-2764 between the hours of 8:30 a.m. and 5:30
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. PLANNING COMMISSION
A. Hearing Notice
December 2, 2020
3. PLANNING COMMISSION
B. Staff Report
December 2, 2020
SALT LAKE CITY CORPORATION
451 SOUTH STATE STREET, ROOM 406 WWW.SLCGOV.COM
PO BOX 145480 SALT LAKE CITY, UT 84114-5480 TEL 801-535-7700 FAX 801-535-6174
Staff Report
PLANNING DIVISION
COMMUNITY & ECONOMIC DEVELOPMENT
To: Salt Lake City Planning Commission
From: Aaron Barlow, AICP, Principal Planner, 385-386-2764, aaron.barlow@slcgov.com
Date: November 23, 2020
Re: PLNPCM2020-00572 – Learned Avenue Alley Vacation
ALLEY VACATION
PROPERTY ADDRESSES: The alley abuts five individual properties as follows:
North Temple: 1025 W North Temple
Learned Avenue: 1022, 1028, 1030, and 1032 W Learned Ave
MASTER PLAN: North Temple Boulevard Plan; Northwest Master Plan
ZONING DISTRICT: TSA-SP-T – Special Purpose Transit Station Transition Area
COUNCIL DISTRICT: District 2, Andrew Johnston
REQUEST: A request from Jarod Hall of Di’velept Design, representing the owner of surrounding
properties, Riley Rogers, to vacate the public alley adjacent to the rear property line of 1025 West North
Temple that runs mid-block from east to west.
RECOMMENDATION: Based on the findings and analysis in this staff report, Planning Staff
recommends that the Planning Commission transmit a positive recommendation to the City Council
for the alley vacation with the following conditions:
1. The proposed 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.
2. The applicant works with City Council and relevant City departments on an agreement that
addresses the displacement of the four existing single-family houses.
ATTACHMENTS:
A. Vicinity Map
B. Photos
C. Request & Project Narrative
D. Existing Conditions & Zoning
E. Analysis of Standards
F. Public Process and Comments
G. Department Review Comments
H. Potential Motions
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PROJECT DESCRIPTION:
Jarod Hall of Di’velept Design, as a representative of Riley Rogers (the
owner of surrounding property) has initiated a petition to vacate a 180-
foot long section of alley in order to consolidate the properties the alley
immediately abuts. The 16.5-foot wide alley currently functions as an
extension of the parking lot for the restaurant north of the alley (located
at 1025 West North Temple). Residents of the adjacent single-family
houses also use the alley’s painted parking stalls.
When the application was submitted, all adjacent property owners
supported the vacation and signed the petition (included with
attachment C). However, as of the date of this staff report, the applicant
now owns all properties adjacent to the subject alley. If the petition is
approved, the applicant plans to consolidate the lots adjacent to the alley
and construct a multi-family residential structure. The proposed project
will still need to meet relevant zoning requirements and will be reviewed
as a separate petition.
From time to time, Salt Lake City receives request to vacate
public rights of way. There is a difference between a vacation
and a closure. A vacation is when the city is vacating all rights
to the right-of-way. A closure is when the right-of-way is closed
to one public use but retains other public uses. While requests
to close alleys happen occasionally, vacations are the most
common type of these requests. Chapter 14.52 of the Salt Lake
City Code identifies policies that should be considered in the
decision and outlines a procedure for the disposition of City
owned alley. Alley Vacations require City Council approval. The
Planning Commission’s role in the Alley vacation process is to
provide a recommendation to the City Council based on the
relevant standards found in Chapter 14.52.
KEY CONSIDERATIONS:
The key issues listed below have been identified through the
analysis of the project, neighbor and community input, and
department review comments.
Consideration 1: Property Owner Consent
Section 14.52.030 A.1 specifies “The petition must bear the
signatures of no less than eighty percent (80%) of the
neighbors owning property which abuts the subject alley
property.” When the application was submitted, all adjacent
property owners signed the petition in support of vacating the
alley. Currently, all adjacent properties are owned by the
applicant, Riley Rogers. The original application and petition
are included with Attachment C: Applicant Letter and
Information.
Consideration 2: Policy Considerations
The alley vacation satisfies the policy considerations of A) Lack of Use, B) Public Safety, and C) Urban
Design outlined in Section 14.52.020. This is outlined in Attachment E: Analysis of Standards.
Survey of Alley
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Consideration 3: Nature of the Alley
Since at least July 2018 (based on the aerial photo to the
right), the alley has been used as part of the parking lot
for the restaurant at 1025 W North Temple and as
parking for the adjacent single-family houses. While the
alley appears to be used by the public as parking, there is
no signage or other indications that clearly demarcate
public property. Additionally, the alley ends at the
property to the west and does not seem to serve any other
purpose than parking for adjacent properties.
Consideration 4: Future Public Uses for the Alley
One issue that comes up with proposals to vacate alleys
are questions about the alley serving other potentially
beneficial uses in the area. For instance, alleys often
serve as mid-block walkways for pedestrians as a positive
urban design element. This alley runs east/west,
intersecting with the adjacent north/south alley at its
east-most point and dead ending at the west. As such,
this alley does not connect any street to another, thus not
significantly improving pedestrian accessibility.
There is the potential for the subject alley to serve as
vehicle access for any new development but doing so
would clog up the adjacent north/south alley with
vehicular traffic. By vacating the alley, vehicle traffic can
be moved to Learned Avenue, allowing pedestrians to be
prioritized on North Temple and on the adjacent north-
south alley.
Consideration 5: City Housing Goals and Housing Displacement
The applicant has requested this alley vacation to redevelop the abutting properties into a medium-
high-density, multi-family residential building – as called for by the North Temple Boulevard Master
Plan, the City’s long-term housing goals, and the underlying TSA zoning district. The North Temple
Boulevard plan speaks to increasing density in the 800 West Station Area (pg. 63). The subject alley is
located within the transition area. The Master plan encourages an increase in residential density in
both the core and transition portions of transit station areas. The applicant has indicated that failure
to vacate the alley would increase rents and reduce density of any new development on the block (see
Attachment C: Applicant Letter and Information).
However, the subject alley abuts four existing single-family houses. Redeveloping the block and
demolishing the existing single-family houses will displace their current residents. The applicant has
not made any indication that an affordable housing component will be incorporated into the proposed
project. Recent housing-related conversations with City Council members have indicated that
alleviating displacement of existing housing is a priority of the city.
Growing SLC, the City’s 2018-2022 Housing Master Plan, established guiding principals for the City
Council when appropriating funds for housing development. Vacating an alley (even when the vacated
alley is to be sold to the applicant) should be considered an appropriation of City resources. As such,
principal 6 recommends that the City Council “create a net increase in affordable housing
while…avoiding displacement of existing affordable housing.” Staff recommends that if the alley is
vacated, the developer mitigates the housing displacement by including an affordable housing
component into the future development.
7/24/2018 Aerial
PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 4 of 24
DISCUSSION:
The alley vacation request has been reviewed against the standards for alley vacations in Attachment
E. In compliance with the applicable policies, vacating the alley aligns with the City’s urban design goals
and the vacation is supported by all adjacent property owners. While the North Temple Boulevard
Master Plan does not speak specifically to alley closures – or about the block in question, the proposed
alley vacation and subsequent development fulfill the goals of the Master Plan by promoting increased
density and promoting pedestrian traffic along North Temple.
Housing displacement has been a highly discussed topic by the City Council during recent meetings.
Removing the adjacent single-family houses to accommodate new development is in line with the
North Temple Boulevard Plan; however, housing displacement should be considered as part of this
request since vacating the alley could be considered an appropriation of City resources. With a positive
recommendation, the Planning Commission should recommend the applicant work with the City
Council to address displacing the residents of the existing single-family houses and to incorporate an
affordable housing component into the proposed project.
NEXT STEPS:
Chapter 14.52 of the Salt Lake City Code regulates the disposition of City owned alleys. When evaluating
requests to close or vacate public alleys, the City considers whether the continued use of the property
as a public alley is in the City’s best interest. Noticed public hearings are held before both the Planning
Commission and City Council to consider the potential adverse impacts created by a proposal. Once
the Planning Commission has reviewed the request, their recommendation is forwarded to the City
Council for consideration. The City Council has final decision authority with respect to alley vacations
and closures.
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ATTACHMENT A: LOCATION MAP
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ATTACHMENT B: PHOTOS
View from the alley’s east end, looking west
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View of the alley looking southwest
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The property located at 1022 W Learned Avenue currently uses the alley and parking lot as its
primary entrance. This is not the applicant’s long-term plan since he plans to consolidate the
lots, demolish the existing structures and then construct a new multi-family building on the
consolidated parcels. The property abuts the adjacent north/south alley, pictured on the
following page.
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1022 W Learned Avenue abuts the adjacent north/south alley (shown here). If the east/west
subject alley is vacated, parking egress for the property could be moved to the east property line
(which follows the fence on the right side of the alley).
PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 10 of 24
Rear view of the restaurant at 1025 W North Temple
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ATTACHMENT C: APPLICANT LETTER & INFORMATION
On the following pages are the application and project narrative provided by the applicant. The
application includes the initial petition, a survey of the alley and preliminary plans of the proposed
multi-family structure.
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ATTACHMENT D: EXISTING CONDITIONS & ZONING
ADJACENT LAND USE
The alley sits between commercial and single-family residential uses. All properties that are adjacent
to the alley and in the immediate vicinity are zoned TSA-SP-T – Special Purpose Transit Station
Transition Area.
There is one property on Learned Avenue (1022 W) that uses the existing alley to access required
parking. The property abuts the adjacent north/south alley, so parking access can be moved by the
applicant to avoid blocking the property’s required parking. The applicant owns all properties adjacent
to the alley (including the 1022 W Learned Avenue). He plans to consolidate the lots, demolish the
existing structures and construct a new multi-family building if the vacation is approved.
PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 19 of 24
ATTACHMENT E: ANALYSIS OF STANDARDS
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:
Factor Finding Rationale
14.52.020: 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.
Complies The proposed alley closure is consistent with policy
considerations A) Lack of Use, B) Public Safety and
C) Urban Design. Functionally, this is not a public right-
of-way. On initial inspection, it is not completely apparent
that there is even a public alley at this location. The alley
has been used as an extension of the Panda Buffet parking
lot for several years. Historical aerial photos show the alley
functioning as parking and a loading area for the
restaurant. Because the alley is not serving a public use,
vacating it would meet policy Consideration A, Lack of
Use. Unlit at night, the parking lot has the potential to be
unsafe for pedestrians after the restaurant’s operating
hours. Vacating the alley and redeveloping the block
would also address policy consideration B, Public
Safety.
If this proposal is approved, the applicant plans to
consolidate the lots adjacent to the alley, demolish the
existing buildings and construct a multi-family structure
with ground floor commercial facing North Temple.
Vacating the alley and consolidating the lots would also
allow the applicant to push vehicular access from the alley
to Learned Avenue, leaving the adjacent north/south alley
available to pedestrian traffic. The applicant’s plan for the
alley and adjacent lots is in line with policies laid out in the
North Temple Boulevard Master Plan, specifically
Policies 2 (mix of uses) and 4 (residential density) for the
800 West Station Area. Keeping the alley as-is would limit
the future development’s density and increase vehicle
traffic in the alley. Vacating the alley contributes to the
City’s Urban Design goals, fulfilling policy consideration
C, Urban Design.
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24
Salt Lake City Code, Section 14.52.030B: Processing Petitions – 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:
Factor Finding Rationale
1. The 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;
Complies Staff requested input from pertinent City
Departments and Divisions. Comments were
received from Transportation Public Utilities
and Zoning which indicate no objections to
the requested closure.
2. The petition meets at least one of
the policy considerations stated
above;
Complies The proposed alley closure satisfies the Urban
Design & Public Safety policy considerations
of 14.52.020. See the discussion and findings
on the previous page.
3. The petition must not deny sole
access or required off-street
parking to any adjacent property;
Complies The occupants of 1022 W Learned Avenue
currently uses the subject alley to access the
property’s required parking in the rear.
Vacating the alley would block the existing
point of egress for the property. However, the
property also abuts the adjacent north/south
alley potentially allowing the applicant to
move the lot’s parking egress to the east
property line that abuts the north/south alley
right-of-way.
4. The petition will not result in any
property being landlocked;
Complies No properties would be rendered landlocked
by this proposal.
5. The 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;
Mixed The applicant is requesting this alley vacation
to allow consolidation of the lots it abuts for
the construction of a multi-family residential
building with some commercial uses along
North Temple. The North Temple Boulevard
Master Plan calls for additional density
(Policy #4, 800 West Station Area Plan, pg.
63) and for a greater mix of uses (Policy #2,
800 West Station Area Plan, pg. 59) in this
area.
While the proposal may meet some goals of
the North Temple Boulevard Plan, Growing
SLC, the City’s 5-year housing plan, requires
City Council to avoid displacement of existing
housing. Removing them would displace the
current residents and the existing units.
Requiring the applicant to establish some
PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 21 of 24
5. (continued) affordable units in the proposed development
could alleviate some of the potential
displacement. This should be included as a
condition of approval with the Planning
Commission’s recommendation.
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 12 months
of issuance of the building permit;
Complies There are no plans by the applicant (owner of
all abutting properties) to construct a garage
for any of the single-family houses or for the
restaurant.
7. The petition furthers the City
preference for disposing of an
entire alley, rather than a small
segment of it; and
Complies The applicant is requesting closure of the
entire east/west alley. The adjacent
north/south alley will remain intact.
8. The alley is not necessary for actual
or potential rear access to
residences or for accessory uses.
Complies As discussed under item 3, 1022 W Learned
avenue currently uses the subject east/west
alley for required parking egress. However,
the lot also abuts the adjacent north/south
alley and parking egress can be moved to the
lot’s east property line.
PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 22 of 24
ATTACHMENT F: PUBLIC PROCESS AND COMMENTS
Public Notice, Meetings, Comments
The following is a list of public input opportunities related to the proposed alley vacation:
• Notice of the project and request for comments was sent to the Fairpark and Poplar Grove
Community Council Chairs on September 14, 2020, in order to solicit comments.
• Staff sent an early notification announcement of the project to all residents and property owners
living within 300 feet of the project site on September 15, 2020 providing notice about the online
open house for the project and information on how to give public input.
• An online open house for the proposed alley vacation was posted on the Planning Division’s
website on September 14, 2020.
• The 45-day recognized organization comment period expired on October 30, 2020.
Notice of the public hearing for the proposal included:
• Public hearing notice mailed: November 19, 2020
• Public hearing notice sign posted near the subject alley: November 23, 2020
• Public notice posted on City and State websites & Planning Division listserv: November 19, 2020
Public Input:
Neither the Fairpark nor the Poplar Grove Community Council Chairs asked staff to present the proposed alley
vacation at their meetings. Staff received one public comment email expressing support for the proposal, which
is attached.
PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 23 of 24
PLNPCM2020-00572 – Learned Avenue Alley Vacation – December 2, 2020 Page 24 of 24
ATTACHMENT G: DEPARTMENT REVIEW COMMENTS
The following comments from other reviewing departments were submitted in relation to the proposal:
Public Utilities – Jason Draper
Public Utilities has no objection to this portion of the alley being vacated
Engineering – Scott Weiler
From Matt Cassel: I would not be opposed to this vacation as long as they provide an additional affordable
housing unit.
Transportation – Michael Barry
No objections to the proposal.
Fire – Douglas Bateman
No comments
Zoning – Greg Mikolash
No zoning related issues associated with this proposed alley vacation.
Building – Greg Mikolash
Motion Sheet for Learned Avenue Alley Vacation
Petition Number PLNPCM2020-00572
Staff Recommended Motion:
Motion to recommend approval with the condition listed in staff report:
Based on the findings and analysis in the staff report, the policy considerations for alley vacation, and
the input received, I move that the Planning Commission forward a positive recommendation to the
City Council for the alley vacation proposed in PLNPCM2020-00572 with the conditions listed in the
staff report.
Alternate Motions:
Motion to recommend approval with conditions modified by the Planning Commission:
Based on the findings and analysis in the staff report, the policy considerations for alley vacation, and
the input received I move that the Planning Commission forward a positive recommendation to the
City Council for the alley vacation proposed in PLNPCM2020-00268 with the following condition(s):
1. List the conditions that are to be modified or added.
Motion to recommend denial
Based on the findings and analysis in the staff report, the policy considerations for street closure and
alley vacation, and the input received I move that the Planning Commission forward a negative
recommendation to the City Council for the alley vacation proposed in PLNPCM2020-00572, due to
the proposal not complying with the following standards:
(The Planning Commission shall make findings on the applicable standards and specifically
state which standard or standards are not being complied with. Please see Attachment E in
the staff report for applicable standards.)
3. PLANNING COMMISSION
C. Agenda/Minutes
December 2, 2020
SALT LAKE CITY PLANNING COMMISSION MEETING AGENDA
This meeting will be an electronic meeting pursuant to the
Salt Lake City Emergency Proclamation
December 2, 2020, at 5:30 p.m.
(The order of the items may change at the Commission’s discretion)
This Meeting will not have an anchor location at the City and County Building. Commission Members
will connect remotely. We want to make sure everyone interested in the Planning Commission meetings
can still access the meetings how they feel most comfortable. If you are interested in watching the Planning
Commission meetings, they are available on the following platforms:
• YouTube: www.youtube.com/slclivemeetings
• SLCtv Channel 17 Live: www.slctv.com/livestream/SLCtv-Live/2
If you are interested in participating during the Public Hearing portion of the meeting or provide general
comments, email; planning.comments@slcgov.com or connect with us on Webex at:
• http://tiny.cc/slc-pc-12022020
Instructions for using Webex will be provided on our website at SLC.GOV/Planning
PLANNING COMMISSION MEETING WILL BEGIN AT 5:30 PM
REPORT OF THE CHAIR AND VICE CHAIR
REPORT OF THE DIRECTOR
PUBLIC HEARINGS
1. Izzy South Design Review/Special Exception at approximately 534 East 2100 South - A request
by Ryan McMullen for Design Review and Special Exception approval to develop a 71-unit mixed use
building located at approximately 534 East 2100 South in the Community Business CB zoning
district. The applicant is requesting Design Review approval because the project is over 15,000
square feet in size and Special Exception approval to allow 3' of additional building height. The project
is located within Council District 7, represented by Amy Fowler (Staff contact: Caitlyn Miller at (385)
315- 8115 or caitlyn.miller@slcgov.com) Case numbers PLNPCM2020-00222 & PLNPCM2020-
00655 (Tabled from 9/23 Planning Commission meeting)
2. Kozo House Design Review at approximately 157, 175 North 600 West, and 613, 621, 625, 633
West 200 North - A request by David Clayton for Design Review approval to develop a 319-unit
mixed use building on six parcels located at 157 North 600 West, 175 North 600 West, 613 West 200
North, 621 West 200 North, 625 West 200 North, and 633 West 200 North. These properties are
located in the TSAUC-T Zoning District. The applicant is requesting Design Review approval to allow
the proposed building to exceed the maximum street facing façade length and to modify the spacing
of building entrances. The project is located within Council District 3, represented by Chris Wharton
(Staff contact: Caitlyn Miller at (385) 315- 8115 or caitlyn.miller@slcgov.com) Case number
PLNPCM2020-00258 (Tabled from 10/14 Planning Commission meeting)
3. Learned Ave Alley Vacation at approximately 1025 West North Temple - A request from Jarod
Hall of Di’velept Design, representing the owner of surrounding properties, Riley Rogers, to vacate
the public alley adjacent to the rear property line of 1025 West North Temple that runs mid-block from
east to west. The subject alley is surrounded by the TSA-SP-T (Special Purpose Transit Station,
Transition Area) zoning district and is located within Council District #2, represented by Andrew
Johnston (Staff contact: Aaron Barlow at (385) 386-2764 or aaron.barlow@slcgov.com) Case
number PLNPCM2020-00572
4. Greenprint Gateway Apartments Planned Development and Design Review at approximately
592 West 200 South - Mark Eddy of OZ7 Opportunity Fund, has requested Planned Development
and Design Review approval for the Greenprint Gateway Apartments to be located on three (3)
contiguous parcels located at 592 W 200 S, 568 W 200 S and 161 S 600 W respectively. The proposal
is for a 150-unit apartment building on a 0.59 acre (26,000 square feet) consolidated parcel. The
proposed building will be six stories in height and will be approximately 70-feet tall to the top of the
building’s parapet. The apartments will be a mix of micro and studio apartments. The properties are
located in the G-MU Gateway-Mixed Use zoning district. The G-MU zoning district requires Planned
Development approval for all new principal buildings and uses. In addition, Design Review approval
has been requested to address some design aspects of the building including material choices and
maximum length of a section of blank wall space on the west façade of the building. The proposal is
located within Council District 4, represented by Ana Valdemoros. (Staff contact: David J. Gellner at
(801) 535-6107 or david.gellner@slcgov.com) Case number PLNPCM2020-00493 &
PLNPCM2020-00749
5. Rezone at approximately 860 & 868 East 3rd Avenue - Remarc Investments, representing the
property owner, is requesting a Zoning Map Amendment from CN (Neighborhood Commercial) and
SR-1A (Special Development Pattern Residential) to R-MU-35 (Residential/Mixed Use) at the above-
listed addresses. The applicant would like to rezone the properties to allow a multi-family development
on the lots, however the request is not tied to a development proposal. The properties are located
within the Avenues Local Historic District and any future demolition or new construction must be
approved by the Historic Landmark Commission. Although the applicant has requested that the
property be rezoned to R-MU-35, consideration may be given to another zoning district with similar
characteristics. The property is located within Council District 3, represented by Chris Wharton. (Staff
contact: Mayara Lima at (385) 377-7570 or mayara.lima@slcgov.com) Case number PLNPCM2020-
00703
For Planning Commission agendas, staff reports, and minutes, visit the Planning Division’s website at slc.gov/planning/public-
meetings. Staff Reports will be posted the Friday prior to the meeting and minutes will be posted two days after they are ratified,
which usually occurs at the next regularly scheduled meeting of the Planning Commission.
Salt Lake City Planning Commission December 2, 2020 Page 1
SALT LAKE CITY PLANNING COMMISSION MEETING
This meeting was held electronically pursuant to the
Salt Lake City Emergency Proclamation
Wednesday, December 2, 2020
A roll is being kept of all who attended the Planning Commission Meeting. The meeting was called to
order at 5:30:15 PM. Audio recordings of the Planning Commission meetings are retained for a period
of time.
Present for the Planning Commission meeting were: Chairperson, Brenda Scheer; Vice-Chairperson,
Amy Barry; Commissioners Andres Paredes, Carolynn Hoskins, Maurine Bachman, Matt Lyon, Adrienne
Bell, Jon Lee, and Sara Urquhart.
Planning Staff members present at the meeting were: Nick Norris, Planning Director; Wayne Mills,
Planning Manager; Paul Nielson, Attorney; Caitlyn Miller, Principal Planner; Aaron Barlow, Principal
Planner; David Gellner, Principal Planner; Mayara Lima, Principal Planner; and Marlene Rankins,
Administrative Secretary.
Chairperson Brenda Scheer read the Salt Lake City Emergency declaration.
REPORT OF THE CHAIR AND VICE CHAIR 5:31:53 PM
Chairperson Scheer stated she had nothing to report.
Vice Chairperson Barry stated she had nothing to report.
REPORT OF THE DIRECTOR 5:32:04 PM
Nick Norris, Planning Director, stated he had nothing to report.
5:32:30 PM
Izzy South Design Review/Special Exception at approximately 534 East 2100 South - A request by
Ryan McMullen for Design Review and Special Exception approval to develop a 71-unit mixed use
building located at approximately 534 East 2100 South in the Community Business CB zoning
district. The applicant is requesting Design Review approval because the project is over 15,000 square
feet in size and Special Exception approval to allow 3' of additional building height. The project is located
within Council District 7, represented by Amy Fowler (Staff contact: Caitlyn Miller at (385) 315- 8115 or
caitlyn.miller@slcgov.com) Case numbers PLNPCM2020-00222 & PLNPCM2020-00655 (Tabled from
9/23 Planning Commission meeting)
Caitlyn Miller, Principal Planner, reviewed the petition as outlined in the Staff Report (located in the case
file). She stated Staff recommended that the Planning Commission approve the request.
Justin Heppler, applicant, provided a presentation with further details.
PUBLIC HEARING 5:47:29 PM
Chairperson Scheer opened the Public Hearing;
Caitlin Lutsch, Liberty Wells Community Council – Stated her support of the request and that the
community was mostly supportive of the project except for the few concerns previously mentioned at the
September 23, 2020 Planning Commission Meeting.
Salt Lake City Planning Commission December 2, 2020 Page 4
MOTION 7:39:23 PM
Commissioner Barry stated, based on the analysis and findings listed in the staff report,
information presented, and the input received during the public hearing, I move that the Planning
Commission approve the Design Review request including modifications to the maximum
distance between building entrances, maximum length of a blank wall, and maximum length of a
street-facing façade (PLNPCM2020-00258) for the Kozo House Apartments project located at
approximately 175 North 600 West. This recommendation is based on the conditions of approval
listed in the staff report. With the added condition:
#9 – That a traffic study be conducted with Transportation; specifically looking at the
circulation of the increased traffic load and the pedestrian safety regarding the intersection
on 200 North and 600 West.
Final details regarding these conditions of approval are delegated to planning staff.
Commissioner Lee seconded the motion. Commissioners Bachman, Barry, Hoskins, Lee, Lyon,
and Urquhart voted “Aye”. Commissioner Paredes voted “Nay”. The motion passed 6-1.
7:44:28 PM
Learned Ave Alley Vacation at approximately 1025 West North Temple - A request from Jarod Hall
of Di’velept Design, representing the owner of surrounding properties, Riley Rogers, to vacate the public
alley adjacent to the rear property line of 1025 West North Temple that runs mid-block from east to west.
The subject alley is surrounded by the TSA-SP-T (Special Purpose Transit Station, Transition Area)
zoning district and is located within Council District #2, represented by Andrew Johnston (Staff contact:
Aaron Barlow at (385) 386-2764 or aaron.barlow@slcgov.com) Case number PLNPCM2020-00572
Aaron Barlow, Principal Planner, reviewed the petition as outlined in the Staff Report (located in the case
file). He stated Staff recommended that the Planning Commission forward a position recommendation to
the City Council with the conditions listed in the staff report.
The Commission and Staff discussed the following:
• Clarification if the surrounding properties have access to their required parking from the alley
• Clarification on whether the Commission can condition alley vacations for affordable housing
Jarod Hall, applicant, provided further information.
PUBLIC HEARING 7:55:47 PM
Chairperson Scheer opened the Public Hearing;
Antonio Fiero – Asked whether there the nearby restaurants would be closed down and whether the
apartments will be affordable.
Seeing no one else wished to speak; Chairperson Scheer closed the Public Hearing.
The applicant addressed the public’s questions.
MOTION 7:58:22 PM
Commissioner Bachman stated, based on the findings and analysis in the staff report, the policy
considerations for alley vacation, and the input received, I move that the Planning Commission
Salt Lake City Planning Commission December 2, 2020 Page 5
forward a positive recommendation to the City Council for the alley vacation proposed in
PLNPCM2020-00572 with the conditions listed in the staff report.
Commissioner Hoskins seconded the motion.
Commissioner Lyon asked to make a friendly amendment; to add a condition that the City Council
also explore adding affordable housing. Commissioner Bachman accepted the amendment.
Commissioners Bachman, Barry, Bell, Hoskins, Lee, Lyon, and Paredes voted “Aye”.
Commissioner Urquhart voted “Nay”. The motion passed 7-1.
The Commission took a 5-minute break.
8:01:22 PM
Greenprint Gateway Apartments Planned Development and Design Review at approximately 592
West 200 South - Mark Eddy of OZ7 Opportunity Fund, has requested Planned Development and
Design Review approval for the Greenprint Gateway Apartments to be located on three (3) contiguous
parcels located at 592 W 200 S, 568 W 200 S and 161 S 600 W respectively. The proposal is for a 150-
unit apartment building on a 0.59 acre (26,000 square feet) consolidated parcel. The proposed building
will be six stories in height and will be approximately 70-feet tall to the top of the building’s parapet. The
apartments will be a mix of micro and studio apartments. The properties are located in the G-MU
Gateway-Mixed Use zoning district. The G-MU zoning district requires Planned Development approval
for all new principal buildings and uses. In addition, Design Review approval has been requested to
address some design aspects of the building including material choices and maximum length of a section
of blank wall space on the west façade of the building. The proposal is located within Council District 4,
represented by Ana Valdemoros. (Staff contact: David J. Gellner at (801) 535-6107
or david.gellner@slcgov.com) Case number PLNPCM2020-00493 & PLNPCM2020-00749
David Gellner, Principal Planner, reviewed the petition as outlined in the Staff Report (located in the case
file). He stated Staff recommended that the Planning Commission approve the request with the conditions
listed in the staff report.
The Commission and Staff discussed the following:
•Clarification on the staff recommendations
Mark Eddy, applicant, provided further details and was available for questions.
The Commission, Staff and Applicant discussed the following:
•Clarification on the West elevation of the building and small size of windows
•Discussion of the interior floor plan design and type of units
•Design of the building and lack of cornices
•Landscaping plan, required buffers and fence/gate
PUBLIC HEARING 8:25:54 PM
Chairperson Scheer opened the Public Hearing; seeing no one wished to speak; Chairperson Scheer
closed the Public Hearing.
The Commission, Staff and Applicant discussed the following:
•Clarification on whether the units are market rate
•Proposed materials
4. MAILING LIST
(generated 01/19/2021)
RECIPIENT ADDRESS CITY STATE ZIP
DIVISION OF FACILITIES CONSTRUCTION & MGMT 450 N STATE ST # 4110 SALT LAKE CITY UT 84114
LUSSO APARTMENTS, LLC 7103 S REDWOOD RD WEST JORDAN UT 84084
LUSSO APARTMENTS, LLC 4726 W PALMER DR WEST VALLEY UT 84120
LUSSO APARTMENTS, LLC 1022 W LEARNED AVE SALT LAKE CITY UT 84116
MOHAMMAD M TABATABAEE 2532 PINE LAKE RD TUCKER GA 30084
LUSSO APARTMENTS, LLC 57 N 1000 W SALT LAKE CITY UT 84116
LUSSO APARTMENTS, LLC 1032 W LEARNED AVE SALT LAKE CITY UT 84116
SALT LAKE CITY PO BOX 145515 SALT LAKE CITY UT 84114
E FAM TR 2852 LANCE CIRCLE HEBER CITY UT 84032
SALT LAKE CITY PO BOX 145515 SALT LAKE CITY UT 84114
LUSSO APARTMENTS, LLC 7103 S REDWOOD RD WEST JORDAN UT 84084
ESPLANADE APARTMENTS LLC 1031 W LEARNED AVE SALT LAKE CITY UT 84116
ESPLANADE APARTMENTS LLC 1023 W LEARNED AVE SALT LAKE CITY UT 84116
ESPLANADE APARTMENTS, LLC 19 N 1000 W SALT LAKE CITY UT 84116
KEPPEL ONE, LLC; DIANE NIELSON 1770 FAIRLEAD AVE CARLSBAD CA 92011
FAIRPARK COMMERICAL CONDOMINIUMS OWNERS ASSOC. 6382 SHENANDOAH PARK AVE MURRAY UT 84121
LI TANG WU 104 E 6980 S MIDVALE UT 84047
QCSIF THREE, LLC 300 DELAWARE AVE # 210 WILMINGTON DE 19801
SALT LAKE CITY PO BOX 145515 SALT LAKE CITY UT 84114
KAZUKO TERASAWA (JT) 822 W SIMONDI AVE SALT LAKE CITY UT 84116
CAROLYN A HOWELL 48 N 1000 W SALT LAKE CITY UT 84116
SALT LAKE CITY PO BOX 145460 SALT LAKE CITY UT 84114
REITA T LEE 69 N CHICAGO ST SALT LAKE CITY UT 84116
KEVIN LEO 645 S GRAND ST SALT LAKE CITY UT 84102
J ERIK RUSSON 51 N CHICAGO ST SALT LAKE CITY UT 84116
AMANDA PATE; AARON J PATE (JT) 41 N CHICAGO ST SALT LAKE CITY UT 84116
SALT LAKE CITY PO BOX 145460 SALT LAKE CITY UT 84114
CARLOS ALVAREZ 44 N 1000 W SALT LAKE CITY UT 84116
JERRY G SNYDER 1234 E 4130 S SALT LAKE CITY UT 84124
DANIEL POSILOVICH 1743 S DOUGLASS RD STE D ANAHEIM CA 92806
GEORGE G LEYBA; JOSIE LEYBA (JT) 1839 W NEW YORK DR SALT LAKE CITY UT 84116
Current Occupant 155 N 1000 W Salt Lake City UT 84116
Current Occupant 1051 W NORTH TEMPLE ST Salt Lake City UT 84116
Current Occupant 1030 W LEARNED AVE Salt Lake City UT 84116
Current Occupant 1028 W LEARNED AVE Salt Lake City UT 84116
Current Occupant 65 N 1000 W Salt Lake City UT 84116
Current Occupant 63 N 1000 W Salt Lake City UT 84116
Current Occupant 1015 W NORTH TEMPLE ST Salt Lake City UT 84116
Current Occupant 1011 W NORTH TEMPLE ST Salt Lake City UT 84116
Current Occupant 1023 W NORTH TEMPLE ST Salt Lake City UT 84116
Current Occupant 1025 W NORTH TEMPLE ST Salt Lake City UT 84116
Current Occupant 1033 W LEARNED AVE Salt Lake City UT 84116
Current Occupant 1065 W NORTH TEMPLE ST Salt Lake City UT 84116
Current Occupant 1055 W NORTH TEMPLE ST Salt Lake City UT 84116
Current Occupant 1055 W NORTH TEMPLE ST Salt Lake City UT 84116
Current Occupant 114 N 1000 W Salt Lake City UT 84116
Current Occupant 960 W NORTH TEMPLE ST Salt Lake City UT 84116
Current Occupant 962 W NORTH TEMPLE ST Salt Lake City UT 84116
Current Occupant 52 N 1000 W Salt Lake City UT 84116
Current Occupant 28 N 1000 W Salt Lake City UT 84116
Current Occupant 59 N CHICAGO ST Salt Lake City UT 84116
Current Occupant 45 N CHICAGO ST Salt Lake City UT 84116
Current Occupant 9 N CHICAGO ST Salt Lake City UT 84116
Current Occupant 57 N CHICAGO ST Salt Lake City UT 84116
Current Occupant 62 N 1000 W Salt Lake City UT 84116
Current Occupant 963 W NORTH TEMPLE ST Salt Lake City UT 84116
Current Occupant 975 W NORTH TEMPLE ST Salt Lake City UT 84116
Current Occupant 973 W NORTH TEMPLE ST Salt Lake City UT 84116