Agenda Item Title:
Title
Code Interpretation for Building Height
3351 E 9980 S
[Community #29, The Dell]
Body
Presenter:
Melissa Anderson, Zoning Administrator
Body
Description/Background:
The applicant Dave Hunt, owner of the property at 3351 E 9980 S, has requested a code interpretation related to “Building Height” in accordance with Title 21, Land Development Code. Chapter 1, Organization, Section 6, Interpretation. (Section 21-1-6). The applicant’s request for further interpretation by the Planning Commission is included with this report as Exhibit “A”. Specifically, the applicant requests the Planning Commission make the following interpretation: “the building height of a single-family dwelling with a flat roof is measured to the coping of the dwelling’s roof (including its perimeter parapet), and does not include a rooftop enclosure that (a) contains only a stair, an elevator hoistway and overrun, the lobby used to access them, and elevator or mechanical equipment; (b) contains no habitable or occupiable space; (c) occupies no more than one-third of the roof area; and (d) extends no more than 18 feet above the roof deck.”
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 ...
Click here for full text