Emigration Canyon planning commission backs 10‑foot setback language, sends draft ordinance to council

EMIGRATION CANYON, Utah — The Emigration Canyon Planning Commission voted unanimously Jan. 8 to recommend draft zoning language that keeps a 10‑foot building setback in the forestry and canyons overlay zone and clarifies that measurement will be taken from the public or private right of way (edge of the right of way), staff and counsel said.

Claire, the planning commission’s legal counsel, told commissioners she had discussed the wording with the mayor and that his inclination was to “keep the 10‑foot setback … from the road, if any road,” and to use right‑of‑way or edge‑of‑pavement language rather than measuring from recorded property lines. That framing guided staff and the commission as they refined waiver language to account for Emigration Canyon’s steep slopes, narrow sections, stream corridors and other site constraints.

Residents who live along the corridor urged caution. Robert McFarland of 6102 Emigration Canyon Road told the commission that even small changes to measurement language can have big effects on houses close to the pavement, asking, “how many homes immediately become uncompliant?” Justin Khan of 6586 East Emigration Canyon Road accused council and staff of timing the change to coincide with a grant vote for road work and said the sequence looked “wildly suspicious.” Counsel and staff repeatedly stressed the change would not be applied retroactively; existing buildings would remain legal nonconforming.

Commissioners said they kept the 10‑foot metric as the default for new construction but expanded the record of factors staff and the commission may consider when granting a waiver, including snow storage and removal, drainage, access, fire protection, public safety, view corridors, septic and stream/water‑quality protections, and a catch‑all “including but not limited to” phrase to address unusual canyon conditions.

After discussion and public comment, a commissioner moved that the Planning Commission recommend the draft ordinance to the Emigration Canyon City Council and transmit a summary of the commission’s deliberations. The motion was seconded and approved by voice vote; Chair Tim Harpst announced the motion passed unanimously.

Next steps: the commission will forward the recommended draft and discussion notes to the City Council for its review and public hearings; staff said there was no legal urgency on the setback language and encouraged continued outreach. The commission also urged residents to raise any title, easement or right‑of‑way questions with the property‑rights ombudsman or legal counsel.

The planning commission’s recommendation covers only future construction; it does not require existing houses to be altered, counsel said.