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Commission recommends denying proposed change to front-yard exception after resident plea
Summary
The planning commission recommended denial of a proposed zoning-code exception that would let property owners match neighboring front/side-yard setbacks; the setback amendment was prompted by a homeowner who built an addition that now sits 16 inches inside the required setback.
The Royce City Planning Commission voted to recommend denial of a proposed amendment to Title 10 (zoning) that would add an exception allowing a reduced front-yard setback where adjacent lots within 150 feet have smaller setbacks. The proposal was submitted by a homeowner seeking relief after an addition left his west wall about 16 inches inside the current front-yard setback.
Resident Dustin Carter told the commission he undertook the addition to house family members and later discovered the new west wall encroached roughly 16 inches on the 25-foot front-yard requirement. Carter described a difficult financial situation and said moving the wall would cost roughly $50,000; he presented examples of similar ordinances in other Utah cities and asked the commission to approve the exception so his finished siding could be installed and the house would stop looking “like an eyesore.” Staff recommended denial, and commissioners questioned whether an ordinance change should be made for a single property.
Staff explained the draft language is an exception to the existing table of minimum lot and setback requirements (Title 10, chapter 10-10-24, Table 10-1). Staff said the code treats corner lots differently (side yard facing street setbacks) and argued that the applicant’s comparison mixed front-yard setbacks with side-yard-facing-street setbacks; staff said exceptions should compare like to like and that adopting the proposed language could create a chain of reductions along a block.
Public comment included a resident urging contractor accountability through licensing and enforcement and staff reminding the commission that state-level contractor licensing exists. Commissioners expressed sympathy for the homeowner but several said they were concerned about setting a precedent by altering setback rules in response to one property owner’s unauthorized work. After discussion, a motion to recommend denial passed in a roll-call vote.
Staff noted the commission’s action is advisory; the city council will consider the recommendation, and the property owner may continue to pursue remedies with the council or by bringing a development agreement or variance request as applicable. The commission’s recommendation leaves in place the current front-yard setback table and maintains the city’s standard site-plan and permit-review processes.
