HomeMy WebLinkAboutPLNZAD2024-00471 - 617 S 1200 EMay 30, 2024
ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE
DECISION AND FINDINGS
PLNZAD2024-00471
REQUEST:
This is a request by property owner Mark Maxfield for a Determination of a Nonconforming Use
regarding the subject property at approximately 617 S 1200 E. (Tax ID# 16-05-481-004-0000).
The applicant is specifically requesting to legalize three units in the dwelling and have the
structure recognized as a legal nonconforming multifamily residential dwelling. Structures
containing three or more dwelling units are defined as multifamily residential dwellings
(Section 21A.62.040). The subject property has a lot area of approximately .11 acres or 4,791 SF,
a lot width of approximately 40 FT, and is located in the R-2 (Single and Two Family Residential
District) zone. Section 21A.33.020 of the Zoning Ordinance indicates multifamily dwellings are
not a permitted use in the R-2 zone.
DECISION:
The Zoning Administrator denies the legalization of the excess dwelling units based on the
review standards listed in 21A.38.075, the documentation submitted by the applicant, and City
records.
FINDINGS:
City records indicate the excess dwelling units have not been maintained as separate dwelling
units since April 12, 1995. The City issued a Zoning Certificate for the property on April 29,
2010, which states the authorized use of the property is a single family residential dwelling with
legal front yard parking for 1 car. The certificate was associated with a building permit
(BLD2010-02770) that legalized the conversion of a garage to living space and included
legalization of front yard parking on the existing driveway for 1 car. The building permit records
include a floor plan of the basement which identifies the garage was converted to living space
prior to April 12, 1995, and that all parts of the structure are open and do not contain
separations for individual dwelling units. The building permit states the use is a single family
dwelling.
City records further indicate a Civil Enforcement case was opened for the property (HAZ2016-
00499) on April 11, 2016 regarding illegal units. The case was closed on August 31, 2017 after
the property owner indicated they would not rent out additional units and were not going to
pursue unit legalization. This implies the property owner agreed to the property being
recognized as a single-family dwelling only.
Additionally, records from Salt Lake County Assessor indicate the dwelling is a single family
dwelling. The request to legalize the excess dwelling units does not comply with the standards of
review for unit legalization in section 21A.38.075 of the Zoning Ordinance.
Standards for Unit Legalization:
Any request to approve an existing excess unit must comply with the following:
1. The dwelling unit existed prior to April 12, 1995. In order to determine whether a
dwelling unit was in existence prior to April 12, 1995, the unit owner shall provide
documentation thereof which may include any of the following:
a) Copies of lease or rental agreements, lease or rent payments, or other similar
documentation showing a transaction between the unit owner and tenants;
b) Evidence indicating that prior to April 12, 1995, the city issued a building permit,
business license, zoning certificate, or other permit relating to the dwelling unit in
question;
c) Utility records indicating existence of a dwelling unit;
d) Historic surveys recognized by the planning director as being performed by a
trained professional in historic preservation;
e) Notarized affidavits from a previous owner, tenant, or neighbor;
f) Polk, Cole, or phone directories that indicate existence of the dwelling unit (but not
necessarily that the unit was occupied); or
g) Any other documentation that the owner is willing to place into a public record
which indicates the existence of the excess unit prior to April 12, 1995.
2. The excess unit has been maintained as a separate dwelling unit since April 12, 1995. In
order to determine if a unit has been maintained as a separate dwelling unit, the
following may be considered:
a) Evidence listed in Subsection B.1 of this section indicates that the unit has been
occupied at least once every five (5) calendar years;
b) Evidence that the unit was marketed for occupancy if the unit was unoccupied for
more than five (5) consecutive years;
c) If evidence of maintaining a separate dwelling unit as required by Subsection B.1 of
this section cannot be established, documentation of construction upgrades may be
provided in lieu thereof.
d) Any documentation that the owner is willing to place into a public record which
provides evidence that the unit was referenced as a separate dwelling unit at least
once every five (5) years.
If you have any questions regarding this interpretation, please contact Brooke Olson at (801)
535-7118 or by email at brooke.olson@slcgov.com.
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
https://www.slc.gov/planning/applications/ along with information about how to apply and
processing fees.
Brooke Olson
Principal Planner
CC: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
East Central Community Council
Posted to Web
Attachments:
1. Vicinity map of subject property
2. April 29, 2010 Zoning Certificate#10-007938
3. April 29, 2010 Building Permit #BLD2010-02770
4. April 12, 2016 Case #HAZ2016-00499 Inspection Report
Vicinity Map – 617 S 1200 E
ZONING CERTIFICATE
SALT LAKE CITY CORPORATION
BUILDING SERVICES AND LICENSING
THIS CERTIFICATE HAS BEEN ISSUED PURSUANT TO:
617 S 1200 E
This document certifies that the property located at:
Is zoned:
The authorized use is:
Specific conditions associated with this site:
day of
A STONICK
Certificate #
x oNew Amended
R-2
Date of Issue:4/29/10
Building Permit
SINGLE FAMILY DWELLING WITH LEGAL FRONT YARD PARKING FOR 1 CAR
10-007938
Dated:BLD2010-02770 Apr 30, 2010
PER BUILDING PERMIT 100430003 DATED 4/30/10 FOR LEGALIZATION OF FRONT
YARD PARKING ON EXISTING DRIVEWAY FOR 1 CAR AS CONVERSION OF GARAGE
TO LIVING SPACE TOOK PLACE PRIOR TO 4/12/1995.
Issued this 29th April, 2010
District Overlays: Master Plan / / /
Authorized Issuer