Agenda Item Title:
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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 o...
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