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SALT LAKE CITY ORDINANCE
No. 25 of 2013
(Amending the zoning of property located at 1321 South 500 East Street to
amend certain covenants, conditions and restrictions recorded against
and associated with the CN (Neighborhood Commercial) zoning of that property)
An ordinance amending the zoning of property located at 1321 South 500 East Street to amend certain conditions recorded against and associated with the CN (Neighborhood Commercial) zoning of that property pursuant to Petition No. PLNPCM2012-00588.
WHEREAS, the applicant, Michael Lobb (“Applicant”) owns property located at 1321 South 500 East Street (Tax Id No. 16-07-478-015) (the “Property”); and
WHEREAS, in 1995 and prior to the Applicant’s ownership thereof, the zoning map was amended to include the Property in the CN (Neighborhood Commercial) zoning district; and
WHEREAS, that 1995 zoning map amendment resulted in the Property being split-zoned with CN (Neighborhood Commercial) and R-1/5,000 (Single Family Residential) zoning designations on the parcel; and
WHEREAS, in 2005 and prior to Applicant’s ownership, the zoning of the Property was again amended to designate the whole parcel in the CN (Neighborhood Commercial) zoning district, which application was approved but included certain covenants, conditions and restrictions which were recorded against the Property (Entry No. 9409508); and
WHEREAS, the Applicant seeks to have the covenants, conditions and restrictions removed in order to accommodate proposed development of the Property; and
WHEREAS, the Salt Lake City Planning Commission held a public hearing on January 9, 2013 on Applicant’s petition (Petition No. PLNPCM2012-00588) to amend the zoning of the Property to eliminate those covenants, conditions and restrictions recorded against and associated with the CN (Neighborhood Commercial) zoning of the Property; and
WHEREAS, at its January 9, 2013 meeting, the planning commission voted in favor of forwarding a positive recommendation to the Salt Lake City Council on Applicant’s petition; and
WHEREAS, the city council has determined that modifying the covenants, conditions and restrictions will better serve the public interest than eliminating the covenants, conditions and restrictions; and
WHEREAS, after a public hearing on this matter the city council has determined that adopting this ordinance is in the city’s best interests.
NOW, THEREFORE, be it ordained by the City Council of Salt Lake City, Utah:
SECTION 1. Amending the Zoning of the Property. That the zoning of the Property located at 1321 South 500 East Street (Tax Id No. 16-07-478-015), and which is more particularly described on Exhibit “A” attached hereto, shall be and hereby is amended to modify the covenants, conditions and restrictions placed on that Property by the city (Entry No. 9409508) as part of a 2005 zoning amendment, to include the following additional use on the list of allowed uses for the Property: “mixed uses (limited to a mix of the uses listed in this article and can include residential, but only as part of a mixed use development)”. The Property shall remain in the CN (Neighborhood Commercial) zoning district.
SECTION 2. Effective Date. This ordinance shall become effective on the date of its first publication. The City Recorder is instructed to record this ordinance with the Salt Lake County Recorder.
Passed by the City Council of Salt Lake City, Utah, this 4th day of June, 2013.
Bill No. 25 of 2013.
Published: June 26. 2013.
EXHIBIT “A”
Legal Description of Property Located at
1321 South 500 East Street
Property Description
Commencing 73 feet North from the Southwest corner of Lot 11, Block 14, 5 Acre Plat A; thence North 83.67 feet; East 180 feet; South 83.67 feet; West 180 feet to the point of beginning.