HomeMy WebLinkAboutPLNZAD2024-01160 - 439 S CheyenneNovember 5, 2024
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2024-01160
REQUEST:
This is a request for an administrative interpretation regarding whether the property located at
439 South Cheyenne Street (Tax ID#15-03-427-008-0000) is a legal lot in accordance with the
Salt Lake City zoning laws. The subject property is located in the RMF-35 (Moderate Density
Multi-Family Residential) zoning district.
DECISION:
The Zoning Administrator finds that the subject property located at approximately 439 South
Cheyenne Street is recognized by Salt Lake City as a legal noncomplying lot and may be
developed in accordance with the provisions of the RMF-35 (Moderate-Density Multi-Family
Residential) zoning district, and any other applicable reviews and permits required from other
city divisions.
FINDINGS:
The property does not currently comply with the minimum standards of the zoning district. The
property has a lot area of 4,250 square feet and a lot width of 25 feet. The RMF-35 zone requires
a minimum lot area of 5,000 square feet and a minimum lot width of 32 feet for single-family
homes. The property is a corner lot and has a larger lot width requirement (21A.24.130.C).
The legal description of the subject property is as follows:
FOURTH SOUTH STREET ADD 0629, LOTS 14 THRU 17, FOURTH SOUTH STREET ADD. -
UNREC- LESS, STREET 3999-152 4603-0793
The legal description includes four lots from the 4th South Street Addition subdivision. In the
early 1900s, the four lots were consolidated into one lot that was 12,500 square feet large. The
consolidation occurred prior to the 1927 adoption of the City’s first zoning ordinance and
therefore was considered a legal complying lot.
Salt Lake City extended Pacific Avenue in 1978 to connect it to Cheyenne Street. This street
expansion created the current lot configuration and reduced the subject property to 4,250
square feet. When the lot was created in 1978, the subject property was located in the
Residential R-6 “Multiple Family Dwellings” zone. The minimum lot area of the R-6 zone was
4,000 square feet, meaning the subject lot complied with the zoning ordinance at the time of its
creation.
Section 21A.38.060 of the Salt Lake City Zoning Ordinance states the following regarding
noncomplying lots that were in legal existence at the time of their creation:
A lot that is noncomplying as to lot area or lot frontage that was in legal existence on the
effective date of any amendment to this title that makes the existing lot noncomplying shall be
considered a legal complying lot and is subject to the regulations of this title.
As the property was legally created in 1978, the property is considered a legal noncomplying lot
as defined in the Zoning Ordinance:
NONCOMPLYING LOT: A parcel of land which was legally established on the effective
date of any amendment to this title that made the lot noncomplying that has less lot
area, frontage or dimensions than required in the district in which it is located.
This status ensures that the property can be developed in conformance with the zoning district
requirements. In addition, the construction of a single-family dwelling may be permitted in
accordance with 21A.36.020.A:
In any residential district, on a lot legally established prior to April 12, 1995, a single-family
dwelling may be erected regardless of the size of the lot, subject to complying with all yard
area requirements of the R-1/5,000 District.
If you have any questions regarding this interpretation, please contact Seth Rios (801) 535-7758
or by email at seth.rios@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.
Seth Rios
Principal Planner
CC: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
Posted to Web
Attachments:
Street Dedication Plat
Warranty Deed