Zoning proposal irks residents near rivers

The prospect of having Emigration Creek run through his back yard is the reason Eric Thompson bought his home in Bonneville Hills.

David Darley chose to live in the Salt Lake neighborhood for the same reason.

"The creek is the highlight of the place," Darley said.

Now, Thompson, Darley and several of their neighbors say they feel they're being punished for those purchases.

The Salt Lake City Council on Tuesday will consider a zoning amendment that would restrict new construction, changes to existing structures and other ground disturbances within 100 feet of creek and stream banks in the city east of I-215.

That means property owners in close proximity to Emigration, Red Butte, Parleys and City creeks soon could find themselves jumping through permitting hoops to add a shed or put up a fence on their property. And those wanting to add on to their homes or build a larger house on their lots most likely would be out of luck.

Reasons for the zoning change, according to the proposed ordinance, include minimizing erosion, stabilizing stream banks, improving water quality, preserving fish and wildlife habitat and reducing potential for flood damage.

Several residents directly affected by the ordinance, however, aren't buying it. They say their property rights have become a casualty of the council's bid to stop a proposed development in the Wasatch Hollow community.

"They've dressed it up in green so it's a nice pill to swallow," Darley said. "But they were looking for a way to stop a builder."

Last July, the council put a six-month moratorium on any development within 100 feet of stream and creek corridors to study what type of permanent protection needed to be put in place.

The action stemmed from discussion about a proposed development of roughly two acres of land behind Wasatch Hollow Park and along Emigration Creek. Developer Don Edwards was proposing to build between six and 11 homes on the property, which raised red flags for the council.

"It surprised us that we didn't have any protections in our stream corridor ordinance," said Jill Remington Love, council chairwoman. "So we voted as a city council to do a moratorium on any construction along stream corridors while we took a look at that ordinance."

That action and the threat of permanent restrictions has cost property owners "hundreds and thousands of dollars on the value of their property," said Alan Condie, also a Bonneville Hills resident.

"You couldn't sell the property without disclosing that you can't do certain things with your back yards, and in some cases, up to your house," Condie said.

"They're penalizing about 2,000 property owners along the streams with undue economic hardship," Darley said. "It changes the nature of my ability to use my property."

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