HomeMy WebLinkAboutPLNZAD2024-00659 - 1330 E KensingtonJune 26, 2024
ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE
DECISION AND FINDINGS
PLNZAD2024-00659
REQUEST:
This is a request by property owner Ryan Nielson for a Determination of a Nonconforming Use
regarding the subject property at approximately 1330 E Kensington Ave (Tax ID #16-16-151-
002-0000). The applicant is specifically requesting to legalize a unit in the basement and have
the structure recognized as a legal nonconforming duplex. The subject property has a lot area of
approximately 0.1 AC or 4500 SF, a lot width of approximately 44 FT, and is located in the R-1-
5000 (Single- Family Residential District) Zone. Duplex is not a permitted use in the R-1- 5000
zone.
DECISION:
Based on the review standards listed in 21A.38.075 and the documentation submitted by the
applicant, the Zoning Administrator approves legalization of the excess dwelling unit and
recognizes the structure on the property as a legal nonconforming duplex. The determination is
subject to the following conditions of approval:
1. The unit owner shall allow the City’s Building Office or designee to inspect the dwelling
unit to determine whether the unit substantially complies with the basic life safety
requirements as provided in Title 18, Chapter 18.50, “Existing Residential Housing,” of
this code. The inspection can be scheduled by calling the Civil Enforcement division at
(801)535-7225 or email civilenforcement@slcgov.com.
2. All required corrections indicated during the inspection process must be completed
within one year unless granted an extension by the Zoning Administrator.
FINDINGS:
The applicant provided affidavits supporting that the excess dwelling unit existed prior to April
12, 1995 and has continuously been occupied as a separate unit since that time. An affidavit from
a previous tenant that occupied the unit from 1997 to 2022 was provided. The affidavit states
that during their time of occupancy there were two separate unit entrances, kitchens, and power
meters, indicating the unit has been continuously occupied from at least 1997 to 2022. An
affidavit from the property owner that owned the property prior to 1995 was also provided,
stating that the property was maintained and occupied as two separate units prior to 1995.
Additionally, the applicant provided pictures to show the individual units. Pictures showing the
main floor unit and basement unit kitchen, the separate basement unit entrance, and two
electrical meters were also provided. The documents comply with the standards of review for
unit legalization in section 21A.38.075 of 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 Madison Blodgett at
(801) 535-7749 or by email at madison.blodgett@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.
Madison Blodgett
Principal Planner
CC: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
Applicable Recognized Organizations
Posted to Web
Attachments:
Affidavits
Pictures of units
PROPERTY AFFIDAVIT
-~----!' ~~~ann _M_~•:~~1al~~~~vim~s ~w!1.~~ l?.~)2.''?perty at 1330 E Kensington Ave Salt Lake City,
84105. do her(\by depose and state as follQ'-YS(
•"' I I £\~~.. t'
Introduction
,,...,.. .. ....... y~;,.,•~·-'
I am of legal age and competent to make this atlidavit.
The purpose of this affidavit is to confirm this property has been rented out prior to April 12,
1995 to provide documentation of the two separate dwelling units in this property.
Background Information
I have personal knowledge of the facts and matters stated herein.
The following facts are true and correct to the best of my knowledge, information, and belief.
Affirmation of Facts
I. This property was owned by my family and I prior to April, 12th 1995. Prior to that
date, it had been occupied as two separate units that included separate entrances for
each unit, an upstairs and a downstairs kitchen, and two separate power meters for
each unit.
Conclusion
I hereby affinn under penalty of perjury that the foregoing statements are true and correct to the
best of my knowledge and belief.
I understand that any false statements made in this affidavit may subject me to legal penalties.
Signature
Signed (AJ}iant signature) Date
---------------------------------------------------------------------------------------------
Notary Acknowledgment (Omit if not required)
Subscribed and sworn to before me, a Notary Public, on this \=} J 1.b1,t\ (date).
Nola
J '
ALEC OCCON
Notary Publfc • Stat• of Utah . .
My Commfsston Expfrtt on
Mar 28, 202a
7
PROPERTY AFFIDAVIT
I'~ I • L Lann~· !vliMM8111rPW.VL?Mili-s}gep aU3JRa~J£~~n.W,p A';.~alt L.a_k,e Citx, s1105,d@
hereby deposernd~~t~ ffl!lt>i~s~'-• .. --\
~ .. ~. .. ·~· ~ \
Introduction .. •-, .. ~ , "~ ~ t -c-• • ~-• .r;___'
I am of legal age and competent to make this affidavit.
The purpose of this affidavit is to confirm this property has been occupied and rented at
minimum of once every 5 years since April 12, 1995 to provide documentation of the two
separate dwelling units in this property.
Background Information
I have personal knowledge of the facts and matters stated herein.
The following facts are true and correct to the best of my knowledge, information, and belief.
Affirmation of Facts
1. I rented the basement unit years 1997 to 2022. I can confirm there were two separate
units entrance, kitchens. and power meters that existed at this property durin" my
time of occupancy.
Conclusion
I hereby affinn under penalty of perjury that the foregoing statements are true and correct to the
best of my knowledge and belief.
I understand that any false statements made in this affidavit may subject me lo legal penalties.
Signature
Notary Acknowledgment (Omit if not required) L Ll
Subscribed and sworn to before me, a Notary Public, on this-~-=--· )_0 __ • _,-_\_(date).
Nota Comm. No. 7l6◄00
My Commlnlon Explr" on
~, 28, 2021
First floor unit kitchen
Basement unit kitchen
Basement unit entrance