Commission recommends change to city code for residential side-yard setbacks where city owns land

The commission moved to recommend approval of a proposed amendment to Springville City Code, Title 11, Chapter 4, Article 404, that would change how residential street side-yard setbacks are calculated where the city owns the land between an owner's side yard and the back of the sidewalk.

Esquire John Penrod presented the amendment and told commissioners a local property owner sought to expand a house but was constrained because the existing setback is measured from the property boundary rather than from the back of sidewalk. Penrod said that, in older subdivisions, survey points often place a property's boundary several feet behind the back of sidewalk, which can result in a significantly larger build-to setback. He illustrated the effect: in one example a homeowner would face a 35-foot setback instead of a 20-foot setback because the boundary line lies about 15 feet behind the back of sidewalk. Penrod said, "when it comes to building with the setback he then has to go to his boundary line and go farther back. And so what you'd have is instead of a 15 foot or a 20 foot, setback from, where most people would have their setback, which would be back of sidewalk. His would start about 15 feet past that and then he'd have 20 feet." (Esquire John Penrod)

Under the recommendation described by Penrod, on corner lots where the street is fully constructed the setback would shift if two conditions are met: (1) there is more than 5 feet between the back of sidewalk and the property boundary, and (2) the lesser setback would not interfere with future plans for the right-of-way or with public utilities. Penrod explained the proposal would use the "greater of" two measures so that the setback would either be the distance measured at least 5 feet into the property's boundary or the distance measured from the back of sidewalk, whichever results in a greater setback, while preserving a minimum 5-foot buffer to protect the right-of-way for possible future roadwork or utility placement.

A planning staff member confirmed the change is intended to avoid selling city-owned land to adjacent owners in many small cases and instead preserve the right-of-way while allowing property owners more reasonable setback calculations. The staff member noted the change most commonly affects older subdivisions (not newer subdivisions where surveys more clearly locate property lines). The staff member also noted that the street-side yard setback in most residential zones (except RMF zones) is currently 20 feet.

The chair opened the public hearing. Seeing no speakers come forward, the commission closed the public hearing and then voted to recommend approval of the code amendment by roll call; the motion passed. The motion filed in the record read: "Motion to recommend approval of the proposed amendment to Springville City code title 11 chapter 4 section, article 404 configuration requirements of residential side yard setbacks and locations where the city owns property between an owner's side yard and the back of sidewalk."