Planning commissioners debate reduced setbacks for Giverny PUD pergolas; no vote taken

Cottonwood Heights Planning Commission members reviewed a continuation of conditional-use application CUP-250011 on Aug. 6, 2025, a request by the Giverny PUD applicant to permit reduced side- and rear-yard setbacks for open-air accessory structures such as pergolas and gazebos.

Staff planner Maverick (Planner) told the commission the applicant removed enclosed sheds from the application and is now seeking approval only for open-air structures. "The applicant decided to remove the shed from this CUP application," Maverick said, and staff reported that both the building and fire departments had reviewed the proposal.

The proposal would allow the city’s typical 3-foot minimum side/rear setback to be modified so that open-air structures below 8 feet in height could keep a 3-foot setback while structures taller than 8 feet would be required to maintain a 5-foot setback from property lines. Staff reported the fire department indicated it would not support zero clearance between structures and said gas pads or grills are not allowed beneath the covered open-air features. The building department also told staff that if accessory structures have footings, foundations or walls in the side yard, that would trigger additional building-code requirements.

Why it matters: The commission framed the request as narrowly targeted to the Giverny PUD but several members cautioned that granting an exception for one PUD could set a precedent across other R‑1 zones. Commissioner Mills (Planning Commissioner) summarized a common concern: if the city accepts smaller setbacks here because lots are smaller, other property owners with small lots could ask for the same relief.

Commissioner Shelton (Planning Commissioner) urged caution about changing standards to accommodate noncompliance, saying the commission should not rewrite rules because they are often violated. "We don't change the law to accommodate those who didn't obey it," Shelton said.

Several commissioners suggested a text amendment process that would create a citywide rule for open-air structures rather than an individual exception for the Giverny PUD. Jared (staff) explained options: the commission could approve the CUP for the PUD now and concurrently ask staff to prepare a text amendment for Planning Commission recommendation to the City Council, or the commission could deny or table the CUP and pursue a text amendment first.

Commissioners also raised a technical issue with the current accessory-structure illustration and wording: the code allows roof overhangs up to 36 inches. As Paulson (speaker) noted during discussion, leaving the 36-inch overhang allowance while moving structural posts to a 3-foot setback could place the drip line or eave directly on a property line; commissioners asked staff to address that measurement and runoff/snow concerns in any revision.

No formal motion or roll-call vote was recorded on the CUP during the work meeting. Staff's recommendation was to approve the CUP amendment as written based on department reviews, but several commissioners said they preferred initiating a text amendment to apply any change citywide for pergolas and other open-air structures rather than granting an exception to a single PUD. The commission did not take final action on the CUP at this meeting.

The commission asked staff to return with clarified code language if the commission recommends a text amendment, including a provision limiting roof overhangs or otherwise preventing eave runoff onto neighboring property, and to document the fire- and building-code limitations (e.g., prohibition of gas pads under covered open-air structures). The item will return for future action after staff develops a recommended text amendment or if commissioners decide to place a motion to approve the CUP on a future agenda.