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HomeMy WebLinkAboutPLNZAD2024-00750 - 452 S 800 EAugust 20, 2024 ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE DECISION AND FINDINGS PLNZAD2024-00750 REQUEST: This is a request by property owner Shane Franz for a Determination of a Nonconforming Use regarding the subject property at approximately 452 S 800 E (Tax ID # 16-05-308-067-0000). The applicant is specifically requesting to legalize four total units on the two-story home and have the structure recognized as a legal fourplex. The property has a lot area of approximately 0.25 acres or 10,890 square feet and a lot width of 76 feet. The lot is zoned RMF-35 (Moderate Density Multi-Family Residential District). The RMF-35 District requires 9,000 square feet for 3 units, plus 2,000 square feet for each additional dwelling unit up to 11 units. This lot, with 10,890 sq ft, would be allowed three units by-right. DECISION: Based on the review standards listed in 21A.38.075 and the documentation submitted by the applicant, the Zoning Administrator approves the legalization of two excess units and recognizes the structure as a three-unit dwelling. There is no evidence of a fourth unit. The request to legalize two excess dwelling units complies with the standards of review for unit legalization in section 21A.38.075 of the Zoning Ordinance. 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 evidence of two excess dwelling units that existed prior to April 12, 1995. There is no evidence of a fourth unit. The census document dated 1950 shows three separate apartments numbers for 452 S 800 E, indicating the structure contained three units. Additionally, the East Side Historic District File for the Thomas Childs House (452 S 800 E) narrates the history of the property including the construction of two excess units. The applicant also provided a notarized affidavit from the previous owner, Grant Fetzer who owned the property for over 60 years, indicating that the two excess units have been rented or offered for rent at least once every five years during that time. The request to legalize four dwelling units does not comply with the standards of review for unit legalization, however, there is ample evidence for the legalization of three units. 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 Olivia Cvetko at (801) 535-7285 or by email at Olivia.Cvetko@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. Olivia Cvetko Principal 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: Chronology of Events from the applicant Census Record for Property Affidavit Historic Record for the Thomas Childs House Applicant: John Shane Franz, 801-915-8333 Secret Garden Project Description: Request to have the use of the property at 452 S 800 E designated as a four plex. It is understood that the home has always been used in this manner, however, City records may indicate single family. Supporting Evidence: Key property features: Property Zoned RMF35 There are currently three dedicated kitchens, and 4 bathrooms. The fourth kitchen area was used as a washroom and storage most recently. Each apartment has dedicated entrances (two) for each apartment. The home was built on a double lot. There is plenty of parking on the property for cars if needed, and lots of street parking. There is multi meter electric service to the property. Historic Chronology of events as told to us by Grant Fetzer for 452 S 800 E Salt Lake City: 1910 - Thomas B Child hires an architect to construct a custom bungalow home at this address. Full plans are drawn. Construction is completed per plan. 1920’s - Thomas B Child devotes half of basement for a dedicated apartment for his unmarried sister. She occupies the property until the time of her death. 1940’s - Thomas B Child constructs an addition to the rear of the home for a dedicated apartment for his son, who is suffering from a long illness. The apartment has complete kitchen and bathroom facilities. Apartment is occupied by son until his death, then continued to be used as an apartment thereafter. Approx 1920’s-1960's – Thomas B Child operates his construction business from a dedicated basement apartment separate from his sister. The apartment has a bath, laundry room, wash facilities, cooking area, closet and bedroom which was used as his office. 1966 Grant and Sandra Fetzer purchase property. They are only the second owners. During this time the Fetzer family raises their own family, including four children, fostering many children and adopting two additional children. The apartments are occupied by various family members. Most recently the lower apartment was occupied by his adult daughter and her daughter for some time. The basement apartment was rented or used for family members (various throughout their 60 year ownership). 2024 Property purchased by J. Shane and Sharon Franz Additional Details: A quick search of Ancestry.com revealed a lot of information about various people who have occupied apartments on the property over the years. An example, the census from 1950, is included below. The reader will note that on lines 4-8 there are four addresses and residents at the property: 452 apt 1 – Thomas B. and Bertha Child, 452 apt 2 – Ann I. Child, 452 apt 3 - (Not listed in census as it was the business office of Thomas B. Child) 452 apt 4 – Robert R. Child. Site Plan: This text message is used to keep the image from rotating in ocr process. B e sure to crop the top .25 " off after the ocr process. 452 S 800 EAST . THOMAS CHILDS HOUSE SALT LAKE CITY , SALT LAKE COUNTY EAST SIDE HISTORIC DISTRICT CANNED UAR 12 aDa UTAH STATE HISTORY 1111111111111111111111111111111111111111111111111111111111111111 3 9222 00583 3772 HISTORIC SITE FORM (Historic Sites Database version) Utah State Historic Preservation Office 1. Identification Property Name: THOMAS CHILDS HOUSE Address: City: 452 S 800 EAST SAL T LAKE CITY 2. Documentation/Status Evaluation: (A) ELIGIBLE/SIGNIFICANT National Register Status: EAST SIDE HISTORIC DISTRICT Date Listed Date Delisted: ID#: 28571 Old ID#: 307220 Plat: Block: County : SALT LAKE COUNTY Site: Dates Surveyed / Added to SHPO Files Recon. L eve l Survey: Intensive Level Survey: General/Misc. File: 01 /00 / /81 Thematic or MPS Affiliation: Areas of Significance: 3. Building Information Date(s) of Construction: 1911 Height (# stories): 1.5 Original Use SINGLE DWELLING Outbldgs : Contrib. Non-Contrib. 2 Comments: 4. Other SHPO File Information F edera l Tax Project No .(s) State Tax Project No.(s) Plan/Type : BUNGALOW Style(s): ARTS & CRAFTS Material(s) REGULAR BRICK STUCCO/PLASTER Architect(s): BERNARD O. MECKLENBURG 106 Case No .. D evel. Grant : Historic Photo Date: HABS/HAER: Printout Date: 121912003 Surveyor A fA Date '8 -/4 ,<;3Q Salt Lake City Architectural Survey Salt Lake City Planning Commission Structure/Site Information Form Plat No.8 ------ Block No. ~\ ------ Lot No. ------ a I============================================================== .~ Street Address: <-i S--2. So ,,d:-~ 80b E",-<.·t u Census Tract I'D :a .... Name of Structure: Ownership: Public ~ /-aiflJl 1taJ 13. { {'5Mtl(tr D K. ejutd 1/ciW£ Private:8 ~ VI ..., --c Q .• .... :g Q U -~ 0.0 < C Q .• .... ~ c ~ E B o Q 2================================================ Construction Date or Period: }0 / I Original Use: Present Use: Single Family :ZMulti Family Public Commercial Building Condition: Excellent lGood Deter iora ted Park Industrial = Agricultural Site Ruins Vacant Religious Other Integrity: X Unaltered -Minor Alterations Major Alterations 3============================================ Preliminary Evaluation: I Significant -Contributory Not Contr ibutory Intrusion Eligibility Status: National Landmark National Register -State Register = City Register Historic District Multi-Resource Thematic Conservation District 4============================================ Research Sources/References (if used): SAlti6'V~1t ~fJfaf:J 01& ~6Jt7ltCt Ck,~f)iruCt;'2iuJ, . -&tiIJitifj -rl:Wdtt, Na~fM Citr pfR -U5f-IS Photography: Date of Photographs: 1980 Views: Front j Side Rear --Other -I ~ c: o ... .... Q. ... ... ~ QJ o 6==~~~~~====~==============~ Statement of Historical Significance: ~ _ Aboriginal Americans Communication Military X Religion .s :.-Agriculture -Conservation = Mining -Science i l. Architecture K Education _ Minority Groups -Socio- The Arts _ Exploration/Settlement Political Humanitarian Commerce Industry - R '. ' _ _ _ ecreation TransportatIon -r:/t0 )I!l(jt JXtj dtrN~ )'iJ .r!Jt/!40/fd 0 1fk!dt40tlfj I t1 -Mt1 itUIlJt7 20fT /ah ((llt/altet '-c!f4/11ttd15 citdtl Ulcdl-.J4taA1 );utldtajA Mrd cctcP0ItiJ1 ) ))tdit JiUJ J(Cew. '£1/ I~(~ .c111Jf1~.tI:/iurt111oJuaiutP I 15t~.dI /.k1j -k1jJttfIt1'-h c'4 '* .. tviddttfc) 1/1(/: 14,/7; Clctlt-iJ 1t2'wA I ---rJ.t~#M C!ttI~ tV tt1 uk u {'/A(f'!.!Idit (/Ayf 1A CrlJr,),rIt/.}U!N 141 :a t(i1t#ZttCL01! of Jtltit~l(ftH T/0'!!1(t1 l3 c)a!dx/J.ttf(f ad jiJ/idp oj;/lv /.t/ldlt i1l£lld P ~/1f1cilitl1 £ft't1.1 1 a<! Ci A41Nlti'?/ of ik /bhafld 0{ £dtlt/1/!t»1, aAId aj a Afu:41Ilt,f ~(i:t tW/C1ffZtj ta(A£cd VI .fI..., Sed! k);, Ota41il'VI c{ C:41!1t{(.lUR.. tie dx-tJt:r4 ,Midldt1lf 61 ~ 11: Jw .. , ~/vd 1411 (');.1-vf4ta11 cj it )JiitW(c( ~1t ;tale (liLt(! DU/Lt}udltftZW. d11 Jkt1ld11 .(;liUJ ).f CtYdfl/ltiClY awl t(d/X,j 1/0/?1t/.l1 XdflttU1 CtAti fi!lflifU411/Ji 1;; -1'.ir 1).£ ~ ~Ildtvi!d AI!l !,dtdi', .. 1l.('W jt~.a..11 a~ Gtff! (J/?W4tj,1(t ltJ/t!I .. i.fAtittl Jfdt:1i' -it1tlc.P jft1 c(;~tA <./tl1 JCi6-5- Nolen Leigh Mendenhall 528-13-2517 March 5, 1984 Thomas B. Child Home 452 South 800 East Salt Lake City, Utah The craftsman style bungalow that is located at 452 South 800 East, is a fine example of this style of architecture during this era. The home was designed by Bernard o. Mecklenberg, a prominent Utah archiect (dis- cussed later). The location of the house on the site is typical to most Utah bungalow styles; a long rectangular shaped structure projecting deep into the site. The contractor of the home was Thomas Battershy Child, who was also the original owner. The home was built in 1911 for Thomas Child and his new wife, Bertha Derrick Rumel. The property was obtained "possibly as a wedding gift from her parents."l Some history on Thomas Child: His father, Thomas B. Child, Sr., was a stone and brick mason and a contractor by trade; the name of his company being Thomas B. Child and Company. At the retirement of his father, Thomas B. Child, Jr., took over the operation of the company, having learned the craft from his father. He became one of the states leading contractors and stone masons. His work included buildings on the University of Utah campus and the Brigham Young University campus, the L.D.S. Church Relief Society Building, the Daughter of Utah Pioneers Building, the Salt Lake Greek Orthodox Church, the Primary 1 .. "Home Magazine," Salt Lake Tribune, Sept. 22, 1963, p. 5 1 Children's Hospital, the Holy Cross Hospital, and L.D.S. temples in Idaho Falls and Los Angeles to name a few. In 1949 Thomas received an honor from the Utah Chapter of the Architectural Institute of America (A. LA.). He also served on the Salt Lake City Board of Education and in the Salt Lake City Chamber of Commerce. His home was not only built for he and his wfie but also used in photo- graphic advertisements for his contracting business as can be seen in the Directory of 1912 at the Utah State Historial Society Library. Also from this photo-advertisement we can see that no exterior change has been made on the front facade of this house. As a place of business, Thomas Child was able to show his craftsmanship in masonry to both clients and friends. The Child's lived in the home for some fifty-two years until his death in November of 1963. The architect, Bernard O. Mecklenberg, worked in Salt Lake from about 1902-1919 who then later moved to Los Angeles to pursue his career in becoming one of that area's leading A 1 architects:¥ I1df~ ~1 ~ . In studying this home, we find the exterior front facade has retained the same front facade as in the day that it was completed (see slide 1). The carmel colored stucco and cream batten boards and trim are of similar values and color to the black and white photo advertisement in the Directory of 1912. The half-story foundation visable above 2 the ground of the home is a cobblestone set in concrete (see slide 12). The pointing is detailed to add a craftsman style finish. The arched stone work over the basement windows around the house also add a decorative craftsman quality (see slide 9). The horizontal cast stone capping above the cobblestone foundation creates a natural break and emphasizes the horizontal quality to the carmel color brick and is also the sill plate to the large casement windows. The deep pointing of the brick also creates horizontal shadow lines to the house (see slide 8) playing on the horizontal aspects of the home. The windows on the perimeter of the house are typical of the Bungalow ciaftsman building style; leaded glass in the front casement windows and some side windows (see slide 8). The front door is on a recessed front porch, the full width of the home. The front door is of oak with three glass panels with leaded glass inserts of a stylized orchid motif in green and carmel colored glass (see slide 16). The door is flanked by two side lights of multi-paned beveled glass inserts in an oak framing system. The columns supporting the cantilevered roof over the porch are detailed with vertical indentations and flaired caps and bases, in clusters of two or three (see slide 7) • The small projecting eave on the front fa1ade adds to the decorative quality, creating an enterag~'portal to the facade of the house (see slide 6) • The decorative knee bracing under the front eaves 3 are also typical of craftsman style homes (see slide 6). The extended rafters under the soffits have been cut to add a decorative pattern to the edge of the roof line (see slide 4). On the north side of the home are two piers of cobble- stone construction with Wrightian style urns of cast stone (see slide 10). No date is obtained for the construction of these elements but are probably of a latter addition. Upon study f th~ interior we find the home is of a typical bungalow layout (see floor plan). at the front (living room, entry, dining room), with private areas at the rear (kitchen, bathroom, bedrooms, pantry) . The floor in the home has been covered with carpet and vinyl but beneath exists oak flooring. The walls are of cedar lath and plaster. Most of the original surfaces are still exposed, not being covered with wallpaper, etc., and retain their original qualities. In the dining area, a wainscot of a pressed board material is used to create an organic leaf motif (see slide 14) in a copper color. This pattern was also used ln some of the L.D.S. ward houses in the area. The buffet and cabinet that existed in the dining material of construction is a soft rooiare original. pine, stained to an The almost rosewood color. The leaded glass is of a stylized orchid blossom with green and carmel colored chipped glass. The beveled mirror below the china display case helps to 4 I t l .-----, F 10 7 '2 -1 1 1 FPot'ff popc.H- '2 E-NTf'1 ~ LIVIl'G p.cot--1 + DINI~ ~ ~~1 (j) ~lH~ 7 e;;:c:p.coM b -~P-y OJ ~rfQ1E:N 10 t.;.:rF-F-,ACDITlc:N to add depth to the buffet cabinets. A small bay window, typical of the bungalow style, exists to one . side of the dining room but has no stained glass patterning. A gridded box beam pattern that exists in the entry, living room, and dining room, is also of the same material of soft pine and stain as the buffet. The living room is divded from the dining room by a pair of paneled, stained pine pocket doors with brass hardware. In the living room the fireplace is flanked by two bookcases, the doors being leaded glass patterned with horizontal and vertical bands that intersect (see slide 15) of the same green and carmel chipped glass as the front doors. The hearth of the fire- place is of a brown tile pattern. All the living room windows are leaded glass in the banding motif similar to the bookcases (see slide 8). The original light fixtures still exist; they are of a bell shape, sandblasted and pol- ished glass with a clustered grape pattern. Between the entry and dining room exists a half-wall supporting wood box columns of similar size to those on the exterior with caps and bases,· though they have no relief detailing. The bathroom retains the original fixtures of toilet, sink and tub, with a white hexagon tile floor. The pantry, with a full swinging door to the dining area, seems to have had no changes made except for the wall and cabinet colors. The cabinets (though painted) and countertops are of wood. The kitchen has a basic sink and a tiled countertop; 5 other changes are not known. The door of the kitchen originally led to a covered porch area that has now been closed in by the latter addition on the rear. The basement consisted of a stair access, boiler room, utility room, and a storage area that ran the full length of the house. All of the interior panel doors and wood casements are of stained soft pine. The home through the years has had an addition added on the rear to accommodate an apartment for a relative. Consisting of a living room, bedroom combination with a small kitchen-eating area in another room. The addition was handled at a sensitive level to the existing home. Though not having the cobblestone foundation, the brick color, size and pointing are of similar treatment as well as the carved roof rafter ends and roof structure (see sl ide 5). The basement was also converted from a boiler room, coal room, utility room, and long storage space, into an office space for Thomas Child's business meetings and clients. Then in later years, this had been converted into an apartment space. The rear apartment has now been con- verted to a master bedroom and closet for the present home- owners. After Thomas Child died in November of 1963, the home was willed to Lucille Higgs, daughter of Thomas Child. The 6 hom~w~~~ ~~ H. P. Fetzer, who is related to Fetzer of Fetzer cand6~hitects. The Fetzer's are the first family since Thomas Child's family to occupy the house. Mr. Fetzer, as a boy, used to work for Thomas Child in his rock garden and knew the house as a child and has made minimal changes on the interior or exterior of the home other than required maintenance on minor improvements such as carpet, etc.; thus the preservation and existence of the original conditions that existed when the home was originally built. Upon retiring ln 1949 from construction and masonry business, Thomas Child devoted his free time to the con- struction of numerous monuments, plaques, and sculptures of stone and masonry in his backyard. The space was originally used as a salvage and storage yard for equipment and tools dealing with his trade. The motivation behind his work is "to show what my religion has done for me and what I have learned from it.,,2 Being a strong member of the Church of Jesus Christ of Latter-day Saints, he wanted to create something to show his conviction to religion. "His first sculpture work was a shrine-like structure containing a rough cut stone cross above which is a relief of clasping hands.,,3 The Thomas B. Child Garden is now 2. Ibid 3. Handout on Gilgal 7 known locally as Gilgal Garden. Gilgal meaning "stone circle or a circle of sacred stones.,,4 A stone circle surrounds a headless figure (see slide 20), which is the garden's Gilgal. Other L.D.S. religious meanings exist in the sculptures within the garden (see slides 17 and 19). A written copy of other sculptures and their meanings can be obtained from the existing property owners. In the garden is a statue of the likeness of Thomas B. Child himself. The statue is surrounded by the two things Child enjoyed most; the tools for his trade (masonry and stone) and religious symbolisms (see slide 18). The method of creating mose of these sculptures was with the use of an oxyacetylene torch to cut the stone. He also used cast stone and brick masonry in his sculptures. The garden is important because "Nationwide, the number of comparable folk art projects has been estimated at per- haps three hundred over the pastcentury.5 Although each of the projects is unique, they generally have several characteristics ln common. Most of the projects are created for a private purpose by an individual, usually an elderly person, who performs the work himself.6 The works are often termed "folk art," meaning that art which is created by common folk outside the traditional art realm. Folk art, in addition 4. Ibid 5. Robert Crease and Charles Mann, "Backyard Creators of Art That Says: "I did it, I'm here,'" Smithsonian, Aug '83 p. 83. 6. Ibid 8 to being a form of self expression for the "artist," re- flects the values of the region in which it was built and . 7 uses locally familiar designs and patterns. The Thomas B. Child Garden is Salt Lake City's best example of folk art. The site and the home are of worthwhile note in the understanding of an era gone by. Both the . bungalow style and the craftsman's many contributions are still being enjoyed by man. 7. Ibid., p. 91. 9 Thomas Childs House. East Side Historic District. o 452 S 800 E Salt Lake City, Salt Lake County.