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Council asks staff to pursue citywide code change for open‑air pergolas and gazebos

Cottonwood Heights City Council · August 20, 2025
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Summary

Planning staff reported that current code treats detached open‑air structures the same as enclosed detached garages (6‑foot separation); planning commission recommended exploring a citywide text amendment so pergolas and gazebos on small lots can be allowed with fire‑code safeguards; council supported drafting an amendment and sending it to planning commission for public hearing.

Planning staff described a request from a Giverny subdivision PUD to allow open‑air accessory structures (pergolas and gazebos) to be sited closer to a primary residence than current code allows. The city’s ordinance currently requires detached structures to meet a minimum separation (generally 6 feet for detached structures and a 3‑foot minimum in other circumstances); many Giverny lots are compact and owners say the 6‑foot separation prevents reasonable use of outdoor amenities.

Staff told council the planning commission denied a parcel‑specific exception and recommended the city consider a citywide text amendment that treats open‑air structures differently from enclosed detached buildings, subject to building and fire‑code review if the structure includes enclosed elements or fire features. Fire and building staff said open‑air pergolas without enclosed walls present a lower fire‑spread risk, though structures with roofs or enclosed elements may trigger additional requirements.

Council members expressed empathy for homeowners on smaller lots and asked staff to draft amendment language (possibly focused on specific zones such as R‑18) and take the draft to the planning commission for public hearing. No final ordinance was adopted at the work session.