Appeals officer to decide on 6-foot fence at Walker McCarthy Mansion after owners appeal denial

Appeals hearing officer Aaron McKnight said he would decide de novo on an appeal of the citys denial of a certificate of appropriateness for a 6-foot front-yard fence at the Walker McCarthy Mansion, 610 East South Temple. The hearing closed with McKnight saying he would issue a written decision in about 10 days.

Justin Baer, attorney for the McCarthy family, told the hearing the family restored the Walker McCarthy Mansion and installed the fence after repeated trespass and vandalism. Baer said the owners filed an application in 2021 and that —for several years, there was a problem with trespassing and vandalism— that included hot plates plugged in, a hose bib left running and people sleeping by heating exhaust systems, which created safety and property risks.—

Baer argued the fences height should be measured from the propertys finished grade under the code language cited in his materials and that, because the site slopes, portions of the fence measure closer to four or five feet from finished grade. He asked the officer to view Exhibit F (plans and photos) that he said show the fences effective height varies with finished grade and that the six-foot height on the front is needed to protect the property.

Baer also read an email from the Salt Lake City Police Department attached to the staff report that recommended —some sort of hostile vegetation— and signage and cameras —for the areas with the 4 foot fencing— as a deterrent. Baer said that recommendation indicates a four-foot fence alone would not provide adequate protection.

City attorney Courtney Lords and planning staff countered that the fence does not meet multiple standards in the Historic Preservation Overlay code (cited in the hearing as Section 21A.34.020.g, standards 2, 3 and 8) and that the general 4-foot front-yard limit (discussed in the hearing as Section 21A.41.20) controls. Lords said the historic-district provisions exist to preserve the historic character of properties and that the staff concluded the proposed front-yard height —does not have a historical basis and alters the streetscape, and it's not compatible with the neighborhood.— The city noted that the Historic Landmark Commission and delegated staff have limited authority to modify dimensional standards but that in this case staff found the standards were not met.

Baer replied in rebuttal that Section 21A.06.050.c(6) (delegations to the Historic Landmark Commission and staff) explicitly lists —fence and retaining wall height— among the dimensional standards that can be reviewed within the Historic Preservation Overlay and argued that those delegations permit a certificate of appropriateness that would allow a taller fence when the overlays standards are satisfied. He reiterated the ownerss safety and preservation rationale and pointed to nearby properties (including the Governors Mansion across the street) that have taller iron fences.

No formal vote was taken. McKnight closed the record, confirmed he had the exhibits contained in the staff report, and said: —I will take this matter under advisement and issue a decision within, about the next 10 days.—

Pending that written decision, the citys denial remains in effect and the certificate of appropriateness has not been issued.