HomeMy WebLinkAboutPLNZAD2024-01161 - 637 E 10thOctober 17th, 2024
ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE
DECISION AND FINDINGS
PLNZAD2024-01161
REQUEST:
This is a request by property owners Alejandro P Chacon and Jennifer R Graff for a
Determination of a Nonconforming Use regarding the subject property at approximately 637 E
10th Ave (Tax ID # 09-32-110-016-0000). The applicant is specifically requesting to legalize a
unit on the upper story of the two-story home and have the structure recognized as a legal
nonconforming duplex. The subject property has a lot area of approximately 0.11 AC or 4792 SF,
a lot width of approximately 41 FT, and is located in the SR-1A (Special Development Pattern
Residential District) Zone. The SR-1A permits a duplex use on lots with a minimum lot size of
8,000 SF and a minimum lot width of 50 FT.
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 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 evidence that the excess dwelling unit existed prior to April 12, 1995. The
owner has provided a signed affidavit from the previous owner who has stated that there has
been an excess unit on the property that has been rented and maintained since the 1950’s up
until 2018 when it was sold to the current property owners. The current property owners have
provided lease agreements from 2018 to 2024, demonstrating that the unit has been
continuously rented during this period. 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 David Stuenzi Jr. at (801)
535-6135 or by email at David.Stuenzi@slc.gov.
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.
David Stuenzi Jr.
Associate 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:
Submittal letter provided by applicant
Previous Owner Affidavit
Lease Agreements 2018-2024
Memorandum
Page 1 of 1
RE: Applicatfon of Non-Conforming Use for Excess Dwelling Unit
Subject Property Address:
637 East 10th Avenue
Salt Lake City, UT 84103
Date: October 9, 2024
Dear Zoning Manager,
Respectiully, I am submitting the attached documentatfon for your review in an effort to have my
property be legally recognized as a non-conforming duplex.
The previous owner purchased the property in the 1950’s , and contfnually rented and maintained a
separate excess dwelling unit as a rental untfl I purchased the property in February of 2018. I too have
contfnually rented and maintained a separate excess dwelling unit from 2018 through 2024.
The attached supportfng documentatfon will establish that this property has been contfnually used as a
rental with an excess dwelling unit since before April 12, 1995.
The attached include:
1. Notarized Affidavit from Previous Owner
2. Summary of Tenant History (2018 - 2024)
3. Tenant History Exhibit, Unit A
4. Tenant History Exhibit, Unit B (Excess Unit)
Best regards,
Alejandro P. Chacon, JR
Jennifer R. Graff
(949) 615-2012
alexchacon@duck.com
Main
Dwelling Tenants Co-Signers (Never Lived On
Premises)
Beginning
Lease Date
End Lease
Date Rent Amount Lease Length
Unit A
Isabelle A. G. &
Cameron R. K. &
Erin K. L.
Parents: John G. & Joseph K. &
Megan H.5/8/2019 4/30/2020 $1,795.00 12 months
Unit A
William S. &
Tanner Mc. &
William J.
N/A 8/1/2020 7/31/2021 $1,795.00 12 months
Unit A Skyler C. H. N/A 10/15/2022 10/31/2023 $2,250.00 12 months
Unit A Skyler C. H. &
Justin T. H.N/A 11/1/2023 5/31/2024 $2,250.00 6 months
Excess
Unit Tenants Co-Signers (Never Lived On
Premises)
Beginning
Lease Date
End Lease
Date Rent Amount Lease Length
Unit B Elyar G. & Tofigh
S.N/A 4/24/2018 4/30/2019 $1,250.00 12 months
Unit B Amanda R. Mc. &
Christian D. C.N/A 8/15/2020 7/31/2020 $1,300.00 12 months
Unit B Abigail G. P. &
Juan D. V.N/A 5/1/2022 4/30/2023 $1,300.00 12 months
Unit B Abigail G. P. &
Juan D. V.N/A 5/1/2023 4/30/2024 $1,300.00 12 months
637 East Tenth Avenue, Salt Lake City Utah, 84103 - UNIT A
637 East Tenth Avenue, Salt Lake City Utah, 84103 - UNIT B (AKA Excess Unit)
Summary of Tenant History Exhibit (2018 - 2024)
Page 1 of 1
Tenant History Exhibit, Unit A
Main Dwelling: 637 East Tenth Avenue, SLC Utah 84103. UNIT A
Page 1 of 4
Tenant History Exhibit, Unit A
Main Dwelling: 637 East Tenth Avenue, SLC Utah 84103. UNIT A
Page 2 of 4
Tenant History Exhibit, Unit A
Main Dwelling: 637 East Tenth Avenue, SLC Utah 84103. UNIT A
Page 3 of 4
Tenant History Exhibit, Unit A
Main Dwelling: 637 East Tenth Avenue, SLC Utah 84103. UNIT A
Page 4 of 4