HomeMy WebLinkAboutPLNZAD2024-01102 - 416 N LNovember 12, 2024
ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE
DECISION AND FINDINGS
PLNZAD2024-01102
REQUEST:
This is a request by property owner Christine Marriott for a Determination of a Nonconforming
Use regarding the subject property at approximately 414 N L St (Tax ID # 09-32-178-007-
0000). The applicant is requesting to legalize a second unit and have the structure recognized as
a legal nonconforming duplex. The subject property has a lot area of approximately 0.1468 AC
or 6394 SF, a lot width of approximately 36 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@slc.gov.
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
applicant provided Polk directory records from 1973 and nearly every year since 1995 that
indicate the dwelling has contained 2 separate units. The applicant also obtained a signed
affidavit from a neighbor indicating that they have always known it to be used as a duplex since
at least 1982. 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 Jason Berntson at (801)
535-6247 or by email at jason.berntson@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.
Jason Berntson
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:
Applicant narrative
Polk records
Affadavit
November 6, 2024
ChrisƟne MarrioƩ, Owner
414/416 L Street Tenants Historical records from POLK directories
Note: From POLK directories available at the Salt Lake City Main Library on November 6, 2024, I
photographed and recorded all the years that were available from 1995 to 2006, plus one much earlier
year (1973). AŌer 2006, I have owned and rented the units out. I recorded the informaƟon for these
later years and photographed some of them. I think some of the informaƟon in later years is not exactly
accurate for who was living there, but the units have always been rented out to various tenants as
separate apartments.
1973: 414 Ernest Bulow; 416 Jan Paegle
1995: 414 Harold Allen; 416 D Porter
1996: 414 Wallace Smith; 416 D Porter
1997: 414 J Scow; 416 D Porter
1998: 414 not verified; 416 Debbie Porter
1999: 414 Mary Trujillo; 416 Debbie Porter
2001: 414 Not verified; 416 D Porter
2002: 414 Not verified; 416 D Porter
2004: 414 No current lisƟng; 416 D Porter
2005: 414 A Lemons; 416 Debbie Porter
2006: 414 MariƟna Trujillo; 416 Debbie Porter
2009: 414 Debbie and Celeste Porter; 416 No current lisƟng
2012: 414 Tony Tharp; 416 David Jamison
2013: 414 Tony Tharp; 416 David Jamison
2014: 414 Tony Tharp; 416 Alex Alexandroff
2015: 414 No current lisƟng; 416 John Jamison
2017: 414 D porter; 416 John Jamison
2018: 414 No current lisƟng; 416 Alexander Alexandroff
2019: 414 No current lisƟng; 416 Alexander Alexandroff
2020: 414 Debbie Porter; 416 Alexander Alexandroff
2021: 414 Tony Tharp; 416, John Jamison,
2022: 414 No current lisƟng; 416 Franklin Alexandroff, John Jamison,
2023: 414 Tony Tharp; 416 Alexander Alexandroff
Current tenants: 414 Kenny Oldroyd; 416 Dexter and Xander Willman
414/416 L Street Tenants Historical records Imagesfrom POLK directories
1973 see images below; 414 Ernest Bulow; 416 Jan Paegle
1995 see images below; 414 Harold Allen; 416 D Porter
1996 see images below; 414 Wallace Smith; 416 D Porter
1997 see images below; 414 J Scow; 416 D Porter
1998 see images below; 414 not verified; 416 Debbie Porter
1999 see images below; 414 Mary Trujillo; 416 Debbie Porter
2001 see images below; 414 Not verified; 416 D Porter
2002 see images below; 414 Not verified; 416 D Porter
2004 see images below; 414 No current lisƟng; 416 D Porter
2005 see images below; 414 A Lemons; 416 Debbie Porter
2006 see images below; 414 MariƟna Trujillo; 416 Debbie Porter
2009 see images below; 414 Debbie and Celeste Porter; 416 No current lisƟng
2012 see images below; 414 Tony Tharp; 416 David Jamison
2015 see images below; 414 No current lisƟng; 416 John Jamison
2019 see images below; 414 No current lisƟng; 416 Alexander Alexandroff