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Home My WebLink AboutPLNZAD2024-00237 - 544 S 1200 EJune 20, 2024 ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE DECISION AND FINDINGS PLNZAD2024-00237 REQUEST: This is a request by property owner Mark Maxfield for a Determination of a Nonconforming Use regarding the subject property at approximately 544 S 1200 E. (Tax ID# 16-05-476-021-0000). The applicant is specifically requesting to legalize an excess unit in the dwelling and have the structure recognized as a legal two-family dwelling. Per 21A.62.040, a “two-family dwelling” is defined as “[a] detached building containing two (2) dwelling units on a single lot”. The subject property has a lot area of approximately .1171 acres or 5,101 SF, a lot width of approximately 37.5 FT, and is located in the RMF-30 (Low Density Multi-Family Residential District) zone. Section 21A.33.020 indicates two-family dwellings are permitted in the RMF-30 District. DECISION: The Zoning Administrator denies the legalization of the excess dwelling unit based on the review standards listed in 21A.38.075, the documentation submitted by the applicant, and City records. FINDINGS: The applicant provided evidence that the excess dwelling unit existed prior to April 12, 1995. The provided Polk Directory listing is dated 1965 and indicates the dwelling contained two units. The document complies with the standards of review for unit legalization in Section 21A.38.075.B.1 of the Zoning Ordinance. The applicant also provided a signed owner’s affidavit claiming that the excess unit has been occupied as a separate unit since 1995. More specifically, the previous owner, Bruce Larrabee, stated “on a couple occasions I would rent out the down stairs [sic] separately to a personal family member”. Another affidavit, from the applicant, states “we have been familiar with the property located at 544 S. 1200 east as a two-unit rental with an upstairs and basement unit” and that the previous owner, Mr. Larrabee, “consistently rented both units”. A final, third affidavit from a neighbor states “544 S. 1200 East has two apartment units (upstairs and basement) and that both have been consistently rented out”. City records indicate the excess dwelling unit has not been maintained as a separate dwelling unit since April 12, 1995 in accordance with Section 21A.38.075.B.2. The most recent record available is a City-issued business license (LIC2012-03389), active from 2012 until 2021, which states the authorized use of the property is “single family dwelling”. The license was issued at the request of then-owner, Bruce Larrabee. Mr. Larrabee submitted, and signed, the business license application indicating there was a total of one rental unit at 544 S 1200 E as of August 8, 2012. The license for a single rental unit was then subsequently renewed annually by Mr. Larrabee until the license was terminated in 2021 following sale of the property. Additionally, records from the Salt Lake County Assessor indicate the dwelling is currently a single family dwelling. The affidavits provided by the applicant claiming the excess unit has been maintained as a separate dwelling unit since April 12, 1995 do not comply with Section 21A.38.075.B.2. The language of the affidavits is comprised of phrases such as “on a couple occasions…”, “we have been familiar with…”, and “consistently rented”. Such language is vague and indeterminate, it does not firmly establish the excess unit has been occupied “at least once every five (5) calendar years” since April 12, 1995. Conversely, the 2012 business license application signed by the then-owner, and its subsequent renewals, is clear and definite. The City-issued business license firmly establishes a single rental unit at 544 S 1200 E covering a nine-year period between 2012 and 2021. Therefore, based on available City records and the documentation submitted by the applicant, the request to legalize the excess dwelling unit 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 Noah Elmore at (801) 535- 7971 or by email at noah.elmore@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. Noah Elmore, AICP Associate 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 2. 2012 Business License 3. 2013 Business License Renewal 4. 2014 Business License Renewal 5. 2015 Business License Renewal 6. 2016 Business License Renewal 7. 2021 Business License Renewal 8. 1965 Polk Directory Listing 9. Previous Owner Affidavit 10. Current Owner Affidavit 11.Neighbor Affidavit processing fees. N hEl AICP Vicinity Map – 544 S 1200 E