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Council narrows rear-yard setbacks adjacent to dedicated open space; adds 10% height-deviation enforcement
Summary
After extended debate over fairness and precedent, the council approved Ordinance No. 2025-24 to reduce accessory-structure rear-yard setbacks adjacent to dedicated open space to 3 feet and to allow up to a 10% building-height deviation when substantial construction has occurred; the motion passed 4–1.
After extended discussion, the Herriman City Council approved Ordinance No. 2025-24 to amend Title 10 of the city code, reducing minimum rear-yard setbacks for accessory structures adjacent to dedicated open space to 3 feet and expanding enforcement remedies to include building-height deviations of up to 10% when substantial construction has been undertaken.
Michael, a city planner, introduced the privately initiated petition and summarized the planning commission’s recommendation for approval with modifications. He explained staff’s recommended approach to a changed setback ratio, the code’s existing 3-foot minimum, and how accessory-structure placement affects required setbacks.
The applicant described the structure as a pre-engineered metal kit approximately 36 feet deep and 38 feet wide with a low-pitched roof (about 20 feet 6 inches at the peak). He told council the foundation had been poured after a ‘‘miscommunication’’ with the permitting process and said demolition to comply with current setbacks would be costly.
Council members debated two central questions: whether the ordinance should be amended to help property owners who built in good faith and how to balance property rights against neighbor impacts. Some council members favored a stricter numeric limit (10%) without subjective language; others said the ‘‘good faith’’ qualifier helps address normal construction variances (slab elevation, grading, or minor overages). Staff clarified that measurement now uses the tallest roof point rather than a roof midpoint.
Councilmember Sherry moved the ordinance and amended the motion to specify that the reduced setback applies to dedicated open space; the amendment was accepted. The motion was seconded and carried on a roll-call vote (Tara yes; Sherry yes; Teddy no; Jared yes; one recorded as yes by the meeting chair), 4–1.
The ordinance applies citywide where accessory structures abut dedicated open space and includes a 10% height-deviation enforcement tool intended to address minor, after-the-fact variances encountered during construction. Staff noted enforcement procedures and suggested drafting clearer language on ‘‘good faith’’ thresholds before widespread use.
