HomeMy WebLinkAboutPLNZAD2018-00654 - 2410 S LakeCASE# PLNZAD2018-00654
Administrative Interpretation
DECISION AND FINDINGS
REQUEST:
This is a request for an administrative interpretation regarding whether the property located at
approximately 2410 S Lake Street (tax ID#16-20-304-010) is a legal complying lot in accordance with
the Salt Lake City zoning laws. The purpose of the request is to determine if a single-family dwelling
can be constructed on the property.
DECISION:
The Zoning Administrator finds that the subject property located at approximately 2410 Lake Street
(tax ID#16-20-304-010) is recognized by Salt Lake City as a legal complying lot and therefore a single
family detached dwelling could be constructed subject to all applicable zoning regulations and
requirements from all city departments.
FINDINGS:
The subject property is currently located in the R-1/7000 (Single Family Residential) zoning district,
and has a total lot area of approximately 4,774 square feet (0.1096 acres). This lot area includes ½ of
a vacated alley abutting on the south of the parcel between the subject property and the property
located at 2416 S Lake Street. The R-1/7000 zone requires a minimum lot area of 7,000 square feet
for a detached single family dwelling. The subject property does not comply with the minimum lot area
requirements of the R-1/7000 zoning district.
Section 21A.38.060 of the Salt Lake City Zoning Ordinance states the following regarding
noncomplying lots:
“A lot that is noncomplying as to lot area or lot frontage that was in legal existence
on the effective date of any amendment to this title that makes the existing lot
noncomplying shall be considered a legal complying lot and is subject to the
regulations of this title. Any noncomplying lot not approved by the city that was
created prior to January 13, 1950, may be approved as a legal noncomplying lot
subject to the lot meeting minimum zoning requirements at the time the lot was
created and documented through an updated zoning certificate for the property.”
The first instance the subject parcel is described in its current configuration is in 1973. The subject
parcel was created by a Quit Claim Deed executed by The State Road Commission of Utah (record
#2555785 in book 3376 page 497). The Quit Claim Deed describes the property as follows:
Beginning at a point on the existing southeasterly right of way and no-access line of
a highway known as Project No. I-80-3(4)120, said point being 547.40 ft. south and
242.0 ft. east from the northwest corner of said Block 9; thence Northeasterly 79 ft.,
more or less, along said southeasterly right of way and no-access line to the northeast
corner of said parcel of land; thence South 65.61 ft. to the southeast corner of said
parcel of land; thence West 129.10 ft. to the southeasterly right of way and no-access
line of said project; thence Northeasterly 60 ft., more or less, along said right of way
and no-access line to the point of the beginning. Containing 0.081 acre, more or less.
The above described parcel of land is granted without access to or from the adjoining
freeway over and across the northwesterly boundary line of said parcel of land.
The deed referenced above establishes that the subject property has been in existence since 1973. Salt
Lake City recognizes the authority of the State Road Commission of Utah (The Utah Department of
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Transportation) to dispose of any real property acquired for a highway purpose that is no longer
necessary for the purpose.
Zoning regulations were first adopted by Salt Lake City in 1927. When the lot was created in 1973, it
was zoned “Residential R-4” which required a minimum lot area of 5,000 square feet for a single family
dwelling. The subject property did not meet the minimum lot area regulations in 1973, however,
because the lot was created by the State Highway Commission of Utah in compliance with State Code,
Salt Lake City has determined the subject property is a legal complying lot.
APPEAL PROCESS:
An applicant or any other person or entity adversely affected by a decision administering or
interpreting this Title may appeal to the Appeals Hearing Officer. Notice of appeal shall be filed within
ten (10) days of the administrative decision. The appeal shall be filed with the Planning Division and
shall specify the decision appealed and the reasons the appellant claims the decision to be in error.
Applications for appeals are located on the Planning Division website at
http://www.slcgov.com/planning/planning-applications along with information about the applicable
fee. Appeals may be filed in person at the Planning Counter, 451 South State Street, Room 215 or by
mail at Planning Counter PO BOX 145471, Salt Lake City, UT 84114-5471.
NOTICE:
Please be advised that a determination finding a particular use to be a permitted use or a conditional
use shall not authorize the establishment of such use nor the development, construction,
reconstruction, alteration, or moving of any building or structure. It shall merely authorize the
preparation, filing, and processing of applications for any approvals and permits that may be required
by the codes and ordinances of the City including, but not limited to, a zoning certificate, a building
permit, and a certificate of occupancy, subdivision approval, and a site plan approval.
Dated this 19th day of September, 2018 in Salt Lake City, Utah.
Amy Thompson
Principal Planner
CC: Joel Paterson, Zoning Administrator
Nick Norris, Planning Director
Greg Mikolash, Development Review Supervisor
Applicable Recognized Organization – Sugarhouse Community Council Chair
Case File/Posted to the Web
Attachments: Vicinity map of subject property
1973 Quit Claim Deed
Alley Vacation – Ord 96 of 1991
Plat Maps
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