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Planning commission denies sidewalk exception and recommends mayor defer improvements on 2700 East
Summary
Commission recommended not granting an exception to sidewalk/curb/gutter requirements at 3410 South 2700 East but suggested the mayor consider deferral until adjacent lots are developed, citing right‑of‑way, irrigation ditch and neighborhood context.
The Millcreek Planning Commission voted Feb. 26 to recommend that the mayor not grant an exception to the city’s sidewalk/curb/gutter requirement for 3410 South 2700 East (EX24003) and to consider a deferral instead, after hearing staff analysis and resident concerns about trees and an open irrigation ditch.
Planning staff (Carlos) explained the applicant’s lot was recently subdivided (a flag lot of about 0.73 acres), which typically triggers frontage improvements including curb, gutter, sidewalk and piping of an irrigation ditch. Staff said the frontage has mature trees and an open two‑sided irrigation ditch (Amos Neff Ditch) that complicate immediate sidewalk installation. The right‑of‑way at the parcel is 89 feet in places; staff found no topographic or technical barrier that would prohibit sidewalk installation, and noted the corridor is part of the city’s safe‑routes network to Wasatch Junior High, making pedestrian improvements desirable.
Applicant Colin Bagley asked the commission to defer improvements because piping the irrigation ditch would require repeated disturbance if neighboring lots do not install sidewalk and ditch piping for many years. Bagley told the commission the ditch is a functioning water artery and that installing pipe and sidewalk now would risk multiple re‑excavations as adjacent properties develop.
East Mill Creek Community Council recommended an exception/deferral, saying the west side of 2700 East has ditches and mature trees that complicate sidewalk construction and that it would be preferable to address the east side where sidewalk already exists. Public Works staff did not recommend an exception, and the planning staff report likewise recommended denying an exception because unusual topographical, aesthetic or other exceptional conditions required by code were not present.
On a motion by Commissioner Larson, seconded by Commissioner Lawren, the commission voted (roll call) 6 in favor and 2 opposed to recommend denying the exception and to suggest the mayor consider a deferral (recorded votes: Yes — Steve Anderson, Diane Sowell, Commissioner Larson, Lamar(s); Vance; Lofgren; No — Victoria Reed, Richards). The commission’s recommendation is advisory; the mayor has final authority to grant an exception or a deferral.
Staff said a deferral, if the mayor agrees, would be recorded as a covenant on the property and typically lasts 20–40 years; if the city later decides to build the sidewalk, the covenant can commit the owner to a share of cost or allow the city to fund construction. Staff and commissioners noted the deferral approach has been used elsewhere and recommended the mayor consider deferral rather than permanently waiving the requirement.
The commission’s recommendation will be forwarded to the mayor’s office for final action and potential deferral terms.
