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Home My WebLink AboutPLNZAD2024-00551 - 1224 S 400 EJune 11, 2024 ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE DECISION AND FINDINGS PLNZAD2024-00551 REQUEST: Tyler Miller, tenant of the subject property, is requesting a Determination of Nonconforming Use for the property located at 1224 S 400 E. (Tax ID# 16-07-455-019-0000). The request is to determine if this property can be legally used as a retail goods establishment as a continuation of a legal, nonconforming use. This property is located in the R-1-5000 (Single-Family Residential) zoning district, and Section 21A.33.020 of the Zoning Ordinance indicates that retail is not a permitted use in the R-1-5000 zone. The request is to determine if the nonconforming use of subject property is considered continued and not abandoned. DECISION: Based on the review standards listed in 21A.38.040, the documentation submitted by the applicant, and City records, the Zoning Administrator finds that the nonconforming use has not been abandoned and therefore, the retail goods establishment use on the property located at 1224 S 400 E is considered a nonconforming use. This determination is subject to the following conditions: 1.The property owner shall obtain required building permits for work done on the property. 2.Recreational Vehicle parking is not recognized as a nonconforming use and shall not be permitted unless according to the Zoning Ordinance. FINDINGS: The subject property was developed with a commercial use prior to the adoption of zoning (1927). Staff utilized Sanborn Fire Insurance maps and other city record to distinguish a timeline. The 1911 Sanborn Map illustrated a commercial structure on the subject property, this illustration is included in Attachment 5. Upon adoption of the first zoning ordinance in 1927, the subject property became a nonconforming use. This was due to the property being zoned as “Residential ‘A’ District” that year (see Attachment 4). This specific district prohibited commercial uses. Subsequent reclassifications in the property’s zoning district also prohibited the use, which continued to leave the use of the property as nonconforming. On October 25, 1948, the city’s Board of Adjustment granted a variance to “erect an extension to non-conforming store building” (see Attachment 3). This statement indicates clearly that the building was being used as a retail store, and that the use was considered nonconforming in 1948. As permitted by the Board of Adjustment, the structure increased in size. This is reflected in the 1950 Sanborn Map (Attachment 5), also showing a commercial use on the subject property. That subject property was purchased by the current property owner in 1979, who obtained subsequent business licenses from 1979 to 2001. The two business licenses on file are for a retail store establishment from 1979 until 2001 (LIC1979-03604) and again from November 1st, 2001 to October 31st, 2019 (LIC2001-02261). This is a 40-year period that the property maintained a business license for the nonconforming use. This timeline of city petitions is listed as Attachment 2. As documented in Attachment 6, City records indicate the property owner later requested that the property be rezoned. The process was ongoing from late 2019 until 2022, when the property owner withdrew the petition. Once the zoning map amendment application was closed, the property was placed back on the market for rent. See KSL ad for Commercial Property for Rent Ad # 70035466, Exhibit #7. This shows that the property owner was actively pursuing continued commercial use of the property. The applicant has provided evidence, also in Attachment 6, outlining attempts at finding a tenant for the property. Since 2022, there have been multiple attempts at finding a long to mid term tenant. Additionally, in late 2022, a perspective tenant signed a 3-year lease agreement with the property owner, only to abandon the property by March of 2023. In mid-2023 the applicant of this petition, Tyler Miller, started to seek tenancy on the property. On October 1, 2023, a lease was agreed to, but not signed as evidenced by Attachment 6. It was not until April of 2024 that the lease was signed by the tenant and property owner. Because the property owner has been seeking to reuse the property, the nonconforming use is determined to have continued and not abandoned on the subject property. The property has fallen into disrepair and has had various reoccurring zoning violations that have been associated with it. The determination of nonconforming use does not eliminate any zoning or building code violations that have occurred on the subject property. Thus, the property owner will need to follow all applicable codes and permitting requirements for any work taking place on the subject property. There has been no historical nonconforming record of the property or alley being legally used as recreational vehicle parking and therefore, any storage of a recreational vehicle on the property would only be permitted if in compliance with the Salt Lake City Zoning Ordinance. If you have any questions regarding this interpretation, please contact Grant Amann at (801) 535-6171 or by email at grant.amann@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/app lica tions/ along with information about how to apply and processing fees. Grant Amann Principal Planner CC: Nick Norris, Planning Director Mayara Lima, Zoning Administrator Casey Stewart, Planning Manager and Development Review Supervisor Posted to Web Attachments: 1.Vicinity map of subject property 2.Timeline of Official City Documents Associated with the Property 3.Board of Adjustment Card, 1948 4.Zoning Map, 1927 5.Sanborn Maps 6.Exhibits from the Property Owner, 1-13 Attachment 1: Vicinity Map Vicinity Map – 1224 S 400 E Attachment 2: Timeline of the Property 1224 S 400 E – Timeline, Public Citizen Access petitions regarding the property Opened Date Petition # Petition Type May 8, 2024 PLNZAD2024- 00551 Planning/Zoning Administration/Determination Non-Conform Use/NA April 8, 2024 LIC2024-00900 BusLic/Commercial/NA/NA August 3, 2023 BLD2023-06555 Building/Permit/Commercial/NA June 23, 2023 BCE2023-05258 Building/Building Code Enforcement/NA/NA June 17, 2023 BCE2023-05048 Building/Building Code Enforcement/NA/NA October 19, 2020 GRF2020-08783 ServiceRequest/Graffiti/Graffiti/NA August 5, 2020 LIC2020-01581 BusLic/Commercial/NA/NA July 28, 2020 PLNZAD2020- 00573 Planning/Zoning Administration/Zoning Verification Letter/NA December 30, 2019 WIN2019-12331 OneStop/WalkIn/NA/NA December 30, 2019 PLNPCM2019- 01201 Planning/Planning Commission/Zoning Amendment/NA October 18, 2019 WIN2019-10168 OneStop/WalkIn/NA/NA August 7, 2019 GRF2019-06200 ServiceRequest/Graffiti/Graffiti/NA June 10, 2019 WIN2019-05142 OneStop/WalkIn/NA/NA June 10, 2019 WIN2019-05141 OneStop/WalkIn/NA/NA February 21, 2019 WIN2019-01424 OneStop/WalkIn/NA/NA February 4, 2019 WIN2019-00893 OneStop/WalkIn/NA/NA January 28, 2019 WIN2019-00685 OneStop/WalkIn/NA/NA October 24, 2018 WIN2018-09592 OneStop/WalkIn/NA/NA October 11, 2018 WIN2018-09193 OneStop/WalkIn/NA/NA August 7, 2019 GRF2019-06200 ServiceRequest/Graffiti/Graffiti/NA March 15, 2016 FIROCC2016- 00920 Fire/Recurring Event/Occupancy/NA May 22, 2015 GRF2015-04830 ServiceRequest/Graffiti/Graffiti/NA February 2, 2015 GRF2015-01129 ServiceRequest/Graffiti/Graffiti/NA November 26, 2014 WIN2014-11916 OneStop/WalkIn/NA/NA November 26, 2014 BLD2014-08723 Building/Electrical/Commercial/NA October 15, 2014 GRF2014-09706 ServiceRequest/Graffiti/Graffiti/NA October 7, 2014 GRF2014-09437 ServiceRequest/Graffiti/Graffiti/NA January 15, 2014 GRF2014-00577 ServiceRequest/Graffiti/Graffiti/NA 11/28/2001 LIC2001-02261 BusLic/Commercial/NA/NA 8/3/2001 LIC2001-01572 BusLic/Commercial/NA/NA 10/25/1979 LIC1979-03604 BusLic/Commercial/NA/NA 2/28/1978 PLN1978-6831 Planning/Board of Adjustments/Administrative Interpretation/NA Attachment 3: Board of Adjustment Card, 1948 Attachment 4: Zoning Map Zoning Map from 1927 indicating the property zoned as “Residential A-3: 1 and 2 family dwelling”: Attachment 5: Sanborn Maps This map, from 1911, indicates a “S-Store” Building located on the corner of 4th St. and Edith Ave. This map, from 1950, indicates the building is still commercial, but has changed location to be setback from the right of way. 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