►
Description
Salt Lake City Planning Division Appeals Hearing for September 22, 2022
A
A
Carrying
item
tonight
so
we
will
not
be
hearing
feedback
from
public
members.
B
A
B
A
I've
sent
her
a
couple
links
but
I'm,
not
quite
sure.
If.
A
B
Okay,
well
I
think
with
with
everyone
here
and
we
are
recording,
I,
think
we'll
go
ahead
and
get
started
good
evening.
Good
afternoon.
My
name
is
Matt
worthland,
an
appeals
hearing
officer
for
the
city
of
Salt
Lake
City.
B
B
And
it
does
appear
that
we
do
have
the
appellant
with
us
this
afternoon
and
and
we'll
have
an
opportunity
to
hear
from
you
and
be
before
doing
that.
I
just
want
to
make
sure
we're.
We
understand
the
scope
of
of
of
the
hearing
tonight.
B
As
you
know,
it
is
not
a
a
re-hearing
of
every
detail
to
determine
to
make
any
decisions
regarding
a
certificate
of
appropriateness
or
the
fencing
only
to
the
extent
that
we
are
reviewing
the
decisions
of
the
Historic
Landmark
Commission
in
their
issued
decision
from
the
July
4th,
322
meeting
and
and
and
so
I
just
want
to
emphasize
for
really
for
the
benefit
of
you
Carrie.
B
Just
to
understand
that
it,
the
the
the
way
the
city
code
Works,
is
that
it's
it's
your
job
to
to
identify
in
the
record
those
areas
that
that
you
believe
that,
where
the
Historic
Landmark
commission
may
have
violated
a
a
law,
a
statute
of
ordinance
of
some
kind
and
essentially
I'm
required
by
City
statute
to
uphold
that
decision.
B
Unless
we
we
can
show-
and
the
language
is
substantial
evidence
in
the
record-
is
the
language
of
the
statute
that
gives
us
that
guidance
that
it
violated
some
kind
of
city,
ordinance
or
or
other
law
for
that
matter,
and
and
so
if,
if,
if
you
can
kind
of
take
the
time,
you
need
to
lay
out
how
you
believe
that
happened,
that
that
would
be.
That
would
be
helpful
for
me,
and,
and
just
so,
you
know
and
understand.
B
I
have
read
the
entire
staff
report
both
from
for
the
hearing
tonight,
as
well
as
from
the
original
Landmark
decision,
as
well
as
viewed
the
video
tape
of
the
commission
hearing
as
well
as
visited
the
property.
Now
it
was
just
a
drive-by
visit
so
anyway,
I
I,
think
I'm
familiar
with
with
with
the
circumstances
of
of
the
case
and
would
just
love
to
hear
so.
B
I
think
how
we
proceed
is
the
first
carry
is
to
give
you
an
opportunity
just
to
kind
of
walk
me
through
and
help
me
understand
your
concerns
of
where
you
think
the
landmark
commission
was
an
error
or
violated
the
law
and
and
then
we'll
give
a
city.
If,
if
they
need
any
response
to
that
or
would
like
to
add
anything
to
our
discussion
so
carries
out.
Okay,
I'll
turn
the
time
over
to
you
now
just
to
to
give
me
your
side
of
things.
C
Sure
so
Aubry
you're
gonna
give
me
the
ability
to
share.
C
So
I
will
share,
starting
with
the
letter
that
I
received
July
15th
after
the
Historic
Landmark
Commission
meeting
on
July
14th,
and
this
is
what
was
in
the
letter
explaining
why
the
decision
was
made
based
on
the
zoning
ordinance,
the
purpose
of
the
ordinance,
the
purpose
of
the
preservation
district
and
the
purpose
of
the
historic
preservation
guidelines
and
testimony
from
the
public,
so
I
will
address
each
of
those
things.
C
Thank
you,
so
I
will
note
that,
at
the
end
of
the
meeting,
when
it
was
time
for
the
Historic
Landmark
commission
to
vote
the
statement
that
was
made
was
we
have
to
vote
based
on
the
code.
It
wasn't
we
vote
based
on
the
guideline.
It
was,
but
we
vote
based
on
the
code
which
I
can
only
assume
they
meant
the
ordinance.
C
So
when
I
go
to
the
purpose
that
was
cited
in
my
letter,
my
fence
actually
does
not
violate
the
purpose.
It
actually
protects,
preserves
I'm,
participating
in
Redevelopment
of
the
area
that
is
my
home
I've.
C
Had
people
speak
to
me
about
the
enhancement
and
attraction
and,
of
course
you
know
the
pride
in
the
property
and
the
the
work
that
I'm
doing
and
how
well
the
fence
actually
complements
the
ordinance
that
I
that
I'm
was
cited
in
this
letter
says
that
offense
should
actually
be
made
of
durable,
quite
quality
materials,
and
they
specifically
cite
vinyl,
and
that
is
what
I
included
when
I
made
my
application
was
that
I
was
replicating
really
to
preserve
the
the
look
of
the
original
fence,
which
was
a
picket
fence
with
the
trellis
and
I.
C
Also
in
the
zoning
chapter
that
was
referenced,
the
fence
needs
to
preserve
and
reflect
the
character
of
the
home
and
the
face
of
the
home,
and
you
can
see
here
in
this
picture
that
I
have
a
white,
picket
style,
porch
railing
and
columns
and
there's
the
fence
that
I
was
installing,
which
is
really
trying
to
replicate
the
fence.
That
was
there
before
again
speaking,
to
the
character
of
the
home
and
then
when
we
go
to
the
historic
guideline.
I
just
want
to
reiterate
that
it
is
a
guideline.
C
They
speak
to
a
preference
of
wood,
iron
and
wire,
but
does
not
exclude
vinyl,
and
so
the
way
it
was
presented
to
me
was
vinyl
was
excluded
and
they
were
voting
on
a
code
that
excluded
vinyl
and
that's
actually
not
true
in
regard
to
public
testimony,
I
did
submit
letters
from
my
neighbors
I
had
at
least
seven
letters
from
my
neighbors
who
actually
live
in
the
historic
district
who
feel
positively
about
my
home.
C
Two
people
spoke
at
the
Landmark
commission
meeting,
making
public
comments,
one
of
which
I
didn't
even
know
who
shared
that
the
desire
was
for
me
to
be
able
to
complete
my
fence
and
that
you
know
there
was
a
some
thoughts
around
it
being
durable,
clean,
easy
to
maintain
and
then.
Lastly,
as
far
as
public
testimony
goes
during
the
Central
City
Historic
tour
I
had
nothing
but
compliments
from
people
walking
by
telling
me
how
well
the
fence
went
looked
with
the
character
of
the
home
being
a
historic
home.
So
that
is.
C
That
is
my
response
regarding
public
testimony.
There
is
also
this
white
vinyl
picket
fence,
that
is
four
buildings
north
of
mine
on
600
East.
It's
not
a
very
clean,
looking
or
nice
white
vinyl
fence,
but
it
is
a
white
vinyl
fence
does
run
all
the
way
to
the
sidewalk
and
that
is
in
the
Central
City
Historic
District,
and
so
really
my
my
ask
is
that
this
decision
be
overturned
that
my
fence
permit
be
approved
because
I
don't
see
that
I
violate
any
ordinance
or
code.
C
As
was
stated
to
me
by
both
the
zoning
and
the
Historic
Landmark
commission
and
that
I
do
actually
meet
the
requirements
of
preserving
the
character
of
the
home
and
installing
a
clean,
durable,
long-lasting,
white,
vinyl
fence
that
replicates
the
old
rotted
wooding
fence
wooden
fence.
That
was
there
and
really
without
going
into
any
other
details
as
you've
requested
I'm.
Just
trying
to
stick
with
the
facts
of
the
reason.
I
was
told
that
the
Historic
Landmark
commission
denied
my
my
permit,
so
I
can
stop
sharing.
D
B
Anyone,
Brooke
or
or
Paul
just
wanted
to
see
if
there's
any
kind
of
response
from
the
city,
understanding
that
I
have
read
the
materials
and
the
in
the
staff
report,
including
the
response
from
Council.
Thank.
E
You
Mr
worth
and
I
appreciate
you
acknowledging
that
I
I
don't
intend
to
go
through.
My
brief
word
for
word,
but
as
I
mentioned
in
my
brief,
there
were
three
arguments
made
the
first
and
the
third
point
to
standards
that
don't
necessarily
pertain
in
the
historic
district
or
sorry.
The
first
one
doesn't
necessarily
pertain
to
the
one
to
the
standards
in
the
historic
district.
E
Yes,
vinyl
fencing
is
allowed
generally
in
residential
districts.
However,
the
age
historic
preservation
overlay
district
has
different
standards
that
are
more
restrictive
and,
as
noted
in
the
code
that
I
decided
those
Provisions
where
there's
a
conflict
Prevail
over
the
general
residential
standards
in
the
code.
E
D
E
D
E
E
So
we're
not
we're
not
talking
about
that
and
so
I.
We
didn't
even
analyze
whether
that
argument
could
that
had
any
Merit,
because
she
was
the
the
appellant's
citing
a
standard
that
doesn't
apply
really.
The
main
argument
here
is
and
as
you've
heard,
that
what
staff
in
the
Planning
Commission
look
to
and
determining
whether
a
vinyl
fence
is
appropriate
in
the
historic
district
is
whether
we're
talking
about
standards
or
guidelines
and
and
what
the
impact
of
those
are.
Yes,
the
abellent
is
correct.
E
Miss
Gardner's
correct
that
we're
operating
from
a
set
of
what
are
referred
to
as
guidelines.
They
were
adopted
by
the
city
council
and,
as
you
note
in
my
brief
and
in
the
code
as
well
as
in
those
guidelines
that
those
guidelines
are
there
to
help
assist
in
the
interpretation
of
the
actual
standards.
E
So
if
you
look
at
what
is
in
the
staff
report
and
what
the
landmark
commission
relied
on
were
the
actual
standards
in
21A,
34020
G,
and
particularly
the
standards
that
staff
found
that
weren't
met
and
that
the
landmark
commission
adopted
those
findings
were
G2
and
G3
and
sorry
we
got
to
pull
up
the
staff
report,
its
attachment
e
to
the
staff
report,
where
those
standards
are
analyzed
using
the
guidelines
as
an
aid
to
help
interpret
those
and
staff
in
the
landmark
commission
found.
Those
two
standards
were
not
met.
E
I'd
go
through
the
standards
but
they're
they're
in
the
staff
report.
You
know
what
they
are
historic
character
of,
a
property
shall
be
retained
and
preserved
and
the
other
is
these
structures
shall
be
recognized
as
products
of
their
own
time
and
alterations
that
have
no
historical
basis
which
seek
to
create
a
false
sense
of
history
or
architecture
are
not
allowed,
and
the
the
appellants
own
appeal
document
notes
that
I'm
trying
to
find
the
language.
E
B
D
B
Okay,
so
so
Carrie,
let
me
let
me
just
talk
to
you
about
my
my
my
challenge.
B
And
that
is,
and
and
just
to
help,
you
understand
a
little
bit
of
of
some
limit
limitations
here
in
in
this
hearing,
and
that
is
as
I
understand.
You
have
laid
four
laid
out,
one
there's
just
some
common
sense,
what
looks
good
and
what
doesn't
and-
and
unfortunately
this
is
not
a
a
hearing
where
we
can
determine
whether
you're
the
white,
vinyl,
picket
fence
I
mean
I'll
Grant,
you
I,
I,
think
it
it
it.
B
It
looks
nice
now
the
historic
standards
are
not
based
on,
thankfully,
for
everybody
in
this
city
on
what
I
think
necessarily
looks,
good
and
and
even
though
neighbors
and
others
are
supportive
of
what
you're
you're
trying
to
do.
B
The
the
power
in
the
city
given
because
of
where
your
property
is
located
does
give
some
additional
authority
to
this
historic
landmarks
commission
to
interpret
the
guidelines
and
policy
that
have
been
put
in
place
by
the
city,
council
and
I
I
I
I'm
afraid
that
much
of
your
concerns
are
issues
that,
unfortunately,
are
policy
issues
that
you
would
have
to
take
up
with
the
city
council
to
change
the
law,
because
what
I'm
stuck
with
Carey
is
that
I
have
to
I'm
required
by
Statute
to
uphold
the
decision
unless
there's
substantial
evidence
that
there
is
a
violation
of
of
law,
statute,
ordinance
or
whatever
it
might
be,
and,
as
has
been
pointed
out,
even
though
vinyl
is
clearly
a
an
acceptable
form
of
of
of
material
in
offense
generally
there.
B
B
Call
and
and
I
cannot
substitute
my
own
judgment
for
the
Judgment
of
the
of
the
Historic
Landmark
commission
members
unless
they
have
clearly
violated
the
law
and
and
unfortunately,
I
have
yet
to
see
and
and
do
not
have
not
found
anything
in
in
the
record
on
my
own
or
what
has
been
presented
by
you
that
suggests
they
have
violated
any
law
statute
of
ordinance.
Everything
has
been
that
I,
you
would
have
interpreted
it
differently
or
that
I
think
it
should
be
interpreted
differently
and
so
I
I'm
going
through
this
Carrie.
B
Just
just
for
your
benefit,
I,
don't
mean
to
sound
kind
of
saying
I'm,
not
meaning
to
be
I,
mostly
just
wanting
to
help.
You
understand
the
limitations
of
this
process
and,
and
and
and
and
I
know,
it
can
be
a
frustrating
thing
to
spend
the
time
and
money
and
effort
to
go
through
this
process
and
then
be
told.
In
fact,
it's
it's
not
not
appropriate,
but
my
hands
are
tied
as
as
an
appeals
hearing
officer
based
on
again
the
the
code
of
what
I
can
decide
and
sew.
My
decision
tonight
is.
C
B
B
C
C
The
only
other
comment
that
I
guess
well
I
have
two
other
comments.
The
one
the
the
other
comment.
I
guess,
is
that
you
know
using
this
specific
language
that
the
historic
Landmark
commission
was
Voting
based
on
a
code
when
they
were
actually
voting
based
on
a
historic
guideline,
preference
to
me,
that's
pretty
clear
language
that
that
was
not
factually
correct
and
then
my
last
comment
is
I
was
actually
told
by
The
Landmark
commission
to
appeal
the
decision.
They
were
the
ones
that
told
me
to
appeal
the
decision.
C
So
it's
interesting
that
they
would
tell
me
to
appeal
the
decision
if
they
didn't
feel
like
there
was
in
some
sense,
maybe
that
it
wasn't
totally
a
fair
decision.
So
that's
why
I
went
this
route.
D
B
Yeah
I
can't
speak
to
the
last
comment
as
to
why
they
told
you
I
know
that
I
think
they
we
instruct
all
everyone
who
is
not
satisfied
with
the
decisions
that
they
have,
that
opportunity
to
to
appeal
decisions:
I,
don't
know
what
they
were
thinking
or
what
they
were
telegraphing
by
that
statement,
but
but
again
I'm
I'm
limited
to
the
the
what's
on
the
record
of
of
the
of
the
Historic
Landmark
decision
and
and
and
and
and
I
unfortunately,
did
do
not
find
that
evidence
that
there
was
any
violation
of
a
law
statute
or
ordinance
and
and
in
effect,
and
so
my
decision
does
remain,
to
uphold
that
Historic
Landmark
commission
and
well
provide
a
written
response
in
the
coming
days.
B
Thank
you.
That's
the
only
matter
before
us
and
again
thank
you
for
everyone's
time
and
efforts
tonight,
but
that
would
conclude
our
appeals
hearing
this
afternoon.