HomeMy WebLinkAboutPLNZAD2024-00309 - 1712 S Park1 | Page
June 10, 2024
ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE
DECISION AND FINDINGS
PLNZAD2024-00309
REQUEST:
This is a request for a Determination of Nonconforming Use regarding the property at 1712 S.
Park St. (Tax ID#16-18-284-003-0000). The request is to determine if the area in the northwest
corner of the property is a nonconforming parking lot.
DECISION:
Based on the provisions of the Zoning Ordinance section 21A.38.040.E, City and County
records, historic aerial photographs, and the documentation submitted by the applicant, the
Zoning Administrator finds that the parking lot located at 1712 S. Park St. was not legally
established as an accessory parking lot for the multi-family dwellings on the property and
therefore is not recognized by Salt Lake City as a nonconforming parking lot.
FINDINGS:
The materials submitted by the applicant (photos and a narrative) indicate that the portion of
the property in the northwest corner is currently a non-hard surfaced parking lot used for on-
site parking for tenants and neighboring vehicles.
Section 21A.38.040 of the Salt Lake City Zoning Ordinance defines a nonconforming use as the
following:
NONCONFORMING USE: Any building or land legally occupied by a use at the time of
passage of the ordinance codified herein or amendment thereto which does not conform
after passage of said ordinance or amendment thereto with the use regulations of the
district in which located.
There are two multi-family buildings at the property located at 1712 S. Park St. Both were built
in 1950, as a four-unit dwelling and a duplex. In the 1970s, the buildings were converted to a
five-plex and a triplex. In addition to the principal buildings, a detached garage on the
southwest corner a paved surface parking lot in the middle and an unpaved parking area on the
northwest corner of the property. The unpaved area is the subject of this determination because
it does not comply with the standards for a surface parking lot.
When the multifamily buildings were built, the subject property was zoned A-3 (residential).
According to the 1949 ordinance, parking on the subject property was permitted as an accessory
use. However, historic aerials from 1950 show a structure on the northwest corner of the subject
property, where the unpaved area currently exists.
The property was rezoned to R-4 (Residential 3 & 4 Family Dwellings) in 1958. 1958 is also
when we find the first evidence, in the form of aerials, of the area being used as a parking lot.
The 1955 Zoning Ordinance, which was the ordinance in effect in 1958, required approval from
the Board of Adjustment for parking lots in residential districts, subject to nine provisions
including:
7. The parking lot and that portion of the driveway back of the building line is to be
adequately screened from the street and from adjoining property in a residence
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screened from the street and from adjoining property in a residence district by a
hedge or sightly fence or wall not less than three (3) feet high and not more than (6)
feet high located back of the setback building line; all lighting is to be arranged so
that there will be no glare there from annoying to the occupants of adjoining
property in a residence district, and the surface of the parking lot is to
smoothly graded, hard surfaced, and adequately drained.
8. Such other conditions as may be deemed necessary by the Board of
Adjustment to protect the character of the residential district.
9. The Planning Commission shall review all applications for parking lots
in residential areas before application shall be approved by the Board
of Adjustment.
Although aerials from 1958 through 1981 show the area being used as a parking lot, Planning
Staff did not find documentation showing that the property received approval for the subject
parking area.
Section 21A.38.040.E of the Salt Lake City Zoning Ordinance states the following regarding
Determination of Nonconforming Use Status:
1. Burden Of Owner To Establish Legality Of Nonconforming Use: The burden of
establishing that any nonconforming use lawfully exists under the provisions of this
title shall, in all cases, be the owner's burden and not the City's. Building permits,
business licenses and similar documentation may be considered as evidence
establishing the legality of use.
2. Determination Of Nonconforming Status: The Zoning Administrator shall determine
the nonconforming use status of properties based upon the evidence submitted and
information available pursuant to the provisions of this chapter.
Because no evidence was provided indicating that the unpaved parking area was legally
established, the use of the property cannot be considered a nonconforming use according to the
city code.
If you have any questions regarding this interpretation, please contact Diana Martinez at (801)
535-7215 or by email at diana.martinez@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
process fees.
Diana Martinez, Senior Planner for the Zoning Administrator
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CC: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
William L. Davis, Liberty Wells Community Council
Posted to Web
Attachments:
Vicinity map of subject properties
Photos (2)
Historic Aerial Photos -1950/1958/1965
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Vicinity Map
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Subject Property – Looking Southeast from 1700 South
View of the parking area in question and the alleyway that runs between 1700 S. & Wilson Ave.
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View of alleyway -looking to the north (1700 S,)
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1950 Aerial Photo
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1958 Aerial Photo
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1965 Aerial Photo