Agenda Item Title:
Title
Amendments to Title 21 of the Land Development Code related to Building Height
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Presenter:
Melissa Anderson, Zoning Administrator
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Description/Background:
The applicant Jeff Knighton, representing Dave Hunt (property owner), has applied to amend Title 21, Land Development Code, Chapter 20, Residential Development Standards, by revising the residential building height standards. The proposal would allow building heights in residential zones where the predominant slope on the lot is 30 percent or greater to be measured from the natural grade rather than the finished grade. The applicant’s proposal is included with this report as Exhibit “A.”
On July 7, 2022, the property owner Dave Hunt submitted for a new home to be built at 3351 E. 9980 S. The plans indicated a home that was too tall and would not comply with the maximum 35-foot height limit. There were also issues relating to meeting setbacks on the site plan and design issues with the grading plan that was also required for properties within the Sensitive Area Overlay Zone. There were several review cycles and design iterations before the city was finally able to approve plans for the home that met all the city code requirements.
A revised plan was approved on October 24, 2023, and permit was issued on March 3, 2024, with a condition that "a full survey of grading and structure before occupancy can be obtained. Survey must meet requirements of the approved grading plan and house plan." That plan reflected reduced floor to ceiling heights across all levels in order to have a fourth-floor roof top space fit under the maximum building height. During construction, the home was not built according to the approved plans as was verified upon receiving a survey from the applicant.
The property owner petitioned the city to allow for temporary occupancy of the home. On February 6, 2026, the city and property owner entered into an agreement to allow for temporary occupancy subject to conditions. The agreement allowed the owner to pursue options to bring the home into compliance; either through a proposed amendment to city code, or through modifications made to the home. The agreement requires the owner to commence renovation before July 1, 2026 (which would require an approved building permit for the proposed renovations) and complete the improvements required to meet city code by December 31, 2026. To date, the city has not received a building permit application nor seen plans on how the home could be renovated to meet the city's building height requirement; however, the property owner’s representative has applied to amend the city code to adjust the method by which building height is measured (Exhibit “A.”).
Please see the attached staff report and exhibits for the full details of this item.
Further action to be taken:
The final decision on this item will be made by the City Council
Recommended Action and/or Suggested Motion:
Recommendation
Staff recommends that the Planning Commission forward a negative recommendation to the City Council to amend Title 21, of the Sandy Municipal Code, relating to Building Height, as shown in Exhibit “A”, based on the following findings:
Findings:
1. The City Council may amend land use ordinances consistent with the purposes of the Sandy Land Development Code, the Sandy City General Plan, and the Utah Code, Municipal Land Use, Development, and Management Act per Title 21 Chapter 5 of the Sandy Municipal Code.
2. The proposal is reviewed by the Planning Commission and City Council in accordance with the requirements of Title 21 Chapter 5 of the Sandy Municipal Code.
3. The proposal does not comply with the purpose of the Land Development Code under Section 21-1-03 because it does not promote public health, safety, and welfare, nor facilitate the orderly growth and development of Sandy City.
4. The proposal does not comply with the Sandy City General Plan because it does not encourage appropriate development standards in residential zones for the reasons cited in the report analysis.