The URL can be used to link to this page

Home My WebLink AboutPLNZAD2024-00587 - 634 N West CapitolJuly 11, 2024 ADMINISTRATIVE INTERPRETATION DECISION AND FINDINGS PLNZAD2024-00587 REQUEST: This is a request for an administrative interpretation regarding 1) the location of arbors and trellises in front yards and 2) the application of the “block face” definition. The requests relate to proposed alterations to the property at approximately 634 N West Capitol Street (Tax ID# 08-36- 230-006-0000). The subject property is in the SR-1A (Special Development Pattern Residential District) zoning district. DECISION: The Zoning Administrator finds the proposed pergola would be permitted based on the following interpretations: 1. Arbors and trellises that are attached to the building are considered part of the principal building and therefore must comply with the minimum yard setbacks for a principal building. 2. The minimum front yard setback is 20 feet, measured from the front property line. The average of a block face does not apply because this section of West Capitol Street does not intersect two streets. FINDINGS: 1) Location of arbors and trellises An arbor, trellis, or as in this case, pergola, is considered an accessory structure when freestanding. The definition of “Accessory Building or Structure”, which recently changed with the publication of Ordinance 29 of 2024, states: “A subordinate building or structure, located on the same lot as the principal building, occupied by or devoted to an accessory use. When an accessory building or structure is attached to the principal building by a common wall or is connected to the principal building by a roof that has a width of 5 feet or more, such accessory building shall be considered part of the principal building.” A key part of the definition is that when an accessory structure is “attached to the principal building by a common wall,” it is considered part of the main building. As part of the principal building, it must comply with the yard setback requirements for the zone. The applicant refers to 21A.36.020B which states, B. Obstructions In Required Yards: Accessory uses and structures, and projections of the principal structure, may be located in a required yard only as indicated ("X") in table 21A.36.020B of this section. No portion of an obstruction authorized in table 21A.36.020B of this section shall extend beyond the authorized projection. Dimensions shall be measured from the finished surface of the building or structure. The applicant also references Table 21A.36.020B, Obstructions in Required Yards, that identifies structures and use obstructions that may be in required yards. The relevant section of the table is below: Type Of Structure Or Use Obstruction Front And Corner Side Yards Side Yard Rear Yard Arbors and trellises not to exceed 12 feet in height or 120 square feet in residential districts. This requirement shall also apply to nonresidential districts unless otherwise authorized X X X The proposed pergola for 634 N West Capitol is attached to the main building by a common wall. Based on this attachment, it is considered part of the principal building, and the entire pergola must be in the buildable area. Obstruction is defined as “A structure or appurtenance to a building that is located or projects into a required yard. Allowed obstructions are listed in section 21A.36.020 of this title.” The arbor and trellis obstruction does not include projections as identified in balconies, eaves, porches, and other permitted obstructions. The applicant identified another property that has a detached pergola in the front yard. In this case, because the structure is not attached to the principal building, it would be permitted according to the obstructions table. 2) Block face requirements The SR-1A zoning district requires a front yard setback as follows: SR-1A: The minimum depth of the front yard for all principal buildings shall be equal to the average of the front yards of existing buildings within the block face. Where there are four (4) or more SR-1 principal buildings with front yards on a block face, the average shall be calculated excluding one property with the smallest front yard setback and excluding the one property with the largest front yard setback. Where there are no existing buildings within the block face, the minimum depth shall be twenty feet (20'). Where the minimum front yard depth is specified in the recorded subdivision plat, the requirement specified therein shall prevail. For buildings legally existing on April 12, 1995, the required front yard depth shall be no greater than the established setback line of the existing building. The purpose statement of the SR-1A zoning district (which includes SR-1A) states: The purpose of the SR-1 Special Development Pattern Residential District is to maintain the unique character of older predominantly single-family and two-family dwelling neighborhoods that display a variety of yards, lot sizes and bulk characteristics. Uses are intended to be compatible with the existing scale and intensity of the neighborhood. The standards for the district are intended to provide for safe and comfortable places to live and play, promote sustainable and compatible development patterns and to preserve the existing character of the neighborhood. “Block face” is defined as: All of the lots facing one side of a street between two (2) intersecting streets. Corner properties shall be considered part of two (2) block faces, one for each of the two (2) intersecting streets. In no case shall a block face exceed one thousand feet (1,000'). West Capitol Street is to the north and west of the Utah State Capitol. It is approximately 3,150 ft in length. It extends to the north and west of the Capitol, roughly following the topography. There are steep grade changes to its east and west. Likely because of this, there are few streets that have full intersections with West Capitol Street, particularly as it extends to the north. The applicant interpreted “block face” to be the length between Girard Avenue, which fully intersects with West Capitol Street with a four-way intersection, and Clinton Avenue, which intersects with a three- way intersection and dead ends at West Capitol Street. This is a length of approximately 900 ft, which is less than the maximum 1,000 ft stated in the block face definition. The applicant included an Atlas Plat for Plat 15 that shows Clinton Avenue was originally platted to extend east to Victory Road. However, this portion of the road was vacated in 1960. As such there are no intersecting streets. The plain language of the definition indicates that a “block face” shall include “all of the lots facing one side of a street between two (2) intersecting streets”. The eastern side of West Capitol Street north of Girard Avenue does not meet that definition. Thus, the average of the existing front yards cannot establish the minimum front yard setback. Since there isn’t a block face in this case, the minimum front yard of 20 feet shall apply. Based on the accessory structure definition, the proposed pergola is part of the principal building and must meet the setback requirements for it. The definition of “block face” does not apply in this situation since there are not intersecting streets. Instead, the 20’ minimum front yard setback applies. The pergola on the attached plans is attached to the principal building, is considered part of the structure, and meets the 20’ front yard setback requirement. If you have any questions regarding this interpretation, please contact Sara Javoronok at (801) 535-7625 or by email at sara.javoronok@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 http://www.slcgov.com/planning/planning-applications along with information about how to apply and processing fees. Sara Javoronok, AICP Senior Planner CC: Nick Norris, Planning Director Mayara Lima, Zoning Administrator Casey Stewart, Planning Manager Applicable Recognized Organization – Capitol Hill Community Council Posted to Web File Attachments: Zoning Map of Subject Property Atlas Plats – Plat A, Plat 12 and Plat A, Plat 15 Site Plan Girard Ave 600 N Zane Ave Alid a Pl Clinton Ave Clinton Ave 1730 665 660 675650 694 600 599 596 720 645 590 616 80 172 681 670 574 652 702 739 640 656 642 34 720 601 594 576 579 604 588 598 690 578 78 634 725 594 648 65 26 535 623 630 640 618 729 680 683 175 126 660 120 680 631 685 633 715 42564 707 576 582 546 136 686 3 688 137 674 52570 168 115 608 584 134 160 573 44 534 140 690 537 572 22 586 41 536 37 66 113 650 153 575 28 514 529 72 572 520 637 669 622 555 672 49 652 694 30 57 580 584 692 533 684 521 605 611 527 32 581 587 585 615 677 583 577 545 518 66 517 628 616 103 554 623 532 540 631 620 64 625 528 673 527 668 626 36 537 640 602 NOS OS SR-1A SR-1A SR-1A OS SR-1A SR-1A SR-1A SR-1A OS SR-1A SR-1A SR-1A SR-1A SR-1A OS SR-1A SR-1A RMF-35 SR-1A R-2RMF-35 OS Zoning Map ¯ Salt Lake City Planning Division 6/25/2024 Subject Property Zoning Districts OS Open Space NOS Natural Open Space SR-1A Special Development Pattern Residential R-2 Single- and Two-Family Residential RMF-35 Moderate Density Multi-Family Residential 400 N 0 130 260 39065 Feet