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Homeowner Raises Concerns as Council Reviews Rezone for 700 South Area
Summary
Council reviewed a rezone request for roughly 17 acres at 4750 W 700 S and discussed a recent court determination that 700 South is public right-of-way, which could require road improvements close to an adjacent home; Mary Montgomery said she is not willing to move.
The Council heard a presentation on March 3, 2026, about a proposed rezoning of the Kawaguchi property (approximately 17 acres at 4750 West and 700 South) to R-1. Staff explained a recent court judgment concluded 700 South is a 66-foot public road, which allows the subdivision to proceed but requires road improvements that could encroach near the Montgomery home at the corner. Assistant City Manager Boyd Davis said design options to increase separation include removing park strips or narrowing asphalt to provide roughly 15 feet of distance from the house.
Mary Montgomery, an adjacent property owner, told the Council she was unwilling to move and expressed concerns about fire access, drainage, and the effect of road improvements on her home. “I am not willing to move,” Montgomery said. Staff said the City did not bring the court case, identified the judgment as arising from separate property-owner litigation, and recommended working with the property owner and developer on design options prior to public hearing and action.
