A Salt Lake City appeals hearing officer upheld a zoning violation decision involving an over-height fence at 852 South West Temple in a memorandum decision issued October 22, 2026. The ruling follows a public hearing held on October 15, 2026, regarding an appeal of an administrative decision made by Civil Enforcement.
The property, owned by GPWT, LLC, contains a ten-unit multifamily dwelling located within the MU-5 Mixed-Use District. The dispute involves a black iron, vertical-picket fence that exceeds six feet in height. According to the decision, the fence was constructed without a required building permit between May 2019 and July 2021, likely in 2020, when the property was zoned FB-UN2. Under current Salt Lake City Code Section 21A.40.120.E.1.a, a fence located between the front lot line and the front building line may not exceed four feet in height.
During the hearing, John Quinn, owner of GPWT, LLC, and Scott English of Cornerstone Residential appeared on behalf of the appellant. Representing Salt Lake City were Nick Rush, a Legal Investigator, Daniel Echeverria, the Zoning Administrator, and Katherine Pasker, a Senior City Attorney. The appellant argued that the fence provides essential security for residents and requested additional time before reducing its height. However, the hearing officer determined that the security benefits were not relevant to whether Civil Enforcement correctly applied the code and noted the officer lacks discretion to extend compliance deadlines on that basis.
The property was purchased by GPWT, LLC on April 16, 2026. The decision noted that the appellant was aware of the fence issue when the property went under contract. Previous enforcement actions included a citation by Civil Enforcement in September 2021 and a warning letter issued to the property owner on May 21, 2026. A prior variance application to keep the fence was denied on January 12, 2026.
The appeals hearing officer denied the appeal and upheld the July 15, 2026, Notice and Order. The decision mandates that the fence must be reduced to a height not exceeding four feet, relocated behind the front building line of the facade of the principal structure containing the primary entrance, or removed. This decision may be appealed to the Third District Court within 30 days of October 22, 2026.