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HomeMy WebLinkAboutPLNZAD2025-00512 - 1068 E 300 SJuly 1, 2025 ADMINISTRATIVE INTERPRETATION DECISION AND FINDINGS PLNZAD2025-00512 REQUEST: This is a request for an administrative interpretation regarding whether the properties located at approximately 1068 E 300 S (16-05-402-024-0000 and 16-05-402-025-0000) are legal lots in accordance with the Salt Lake City zoning laws. The subject properties are located in the SR-3 Special Development Pattern Residential District. DECISION: The Zoning Administrator finds that the subject properties located at approximately 1068 E 300 S are recognized by Salt Lake City as legal noncomplying lots and may be developed in accordance with the provisions of the SR-3 Special Development Pattern Residential District, and any other applicable reviews and permits required from other City divisions. FINDINGS: Parcel 16-05-402-024-0000 has a lot area of approximately 3676.5 square feet and a lot width of 49.5 feet, while parcel 16-05-402-025-0000 has a lot area of approximately 4103.4 square feet and a lot width of 66 feet. Both parcels meet the minimum lot area and minimum lot width requirements for single-family attached dwellings, single-family detached dwellings, and two- family dwellings (see 21A.24.100.C). However, neither parcel complies with 21A.36.010.C, which requires that all lots shall front on a public street. The properties were created without street frontage prior to the 1927 adoption of the City’s first zoning ordinance. In 1914, parcel 16-05-402-024-0000 was deeded from Stella Randolph and M.O. Randolph to Andrew Samuelson (see attached extract from Salt Lake County records, Book 9G, Page 439, Entry 321624; see also Salt Lake County Abstracts Book C9, Page 260, Line 12). The property was described as follows: Commencing at a point 10 rods south and 4 ½ rods west of the northeast corner of Lot 8 Block 21, Plat “F”, Salt Lake City Survey, and running thence south 3 rods, thence west 4 1/2 rods, thence north 3 rods, thence east 4 ½ rods to the place of beginning. Together with a right of way over: Beginning 148 ½ feet west from the northeast corner of said Lot 8, and running thence south 15 rods, thence west 2 rods, thence north 5 rods, thence east 1 rod, thence north 10 rods, thence east 1 rod to the place of beginning. The above legal description is equivalent to the current legal description of parcel 16-05-402- 024-0000 on file with the Salt Lake County Recorder’s Office. The current description is as follows: BEG 10 RDS S & 1 RD E FR NW COR LOT 8 BLK 21 PLAT F SLC SUR E 4.5 RDS S 3 RDS W 4.5 RDS N 3 RDS TO BEG. In 1916, parcel 16-05-402-025-0000 was deeded from Jacobina Sorensen to Emma Fowles (see attached extract from Salt Lake County records, Book 12N, Page 350, Entry 549743; see also Salt Lake County Abstracts Book C19, Page 48, Line 47). The property was described as follows: Beginning at a point on the westerly line of the right-of-way formerly owner and used by the Salt Lake & Fort Douglas Railway Company which is six rods north and four- and-a-half rods west from the Southeast corner of Lot Eight, Block Twenty-One, Plat “F”, Salt Lake City Survey, and running thence north one rod, thence west four-and-a- half rods, thence south four rods, thence east forty-four-feet more or less to a point on the westerly line of said right-of-way, thence northeasterly along said westerly line of said right-of-way to the point of beginning, together with the free and unrestricted use of the right-of-way abutting the aforesaid described property on the west, and extending to Third South Street. The above legal description is equivalent to the current legal description of parcel 16-05-402- 025-0000 on file with the Salt Lake County Recorder’s Office. The current description is as follows: BEG 4.5 RD W & 6 RD N FR SE COR LOT 8 BLK 21 PLAT F SLC SUR N 1 RD W 4.5 RD S 4 RD E 44 FT NE'LY TO BEG. The properties also do not have frontage on a public street as required by 21A.36.010.C. Prior to 1927, there was no City adopted zoning code and so there were no requirements for street frontage, or other minimum lot regulations for properties. Section 21A.38.060 of the Salt Lake City Zoning Ordinance states the following regarding noncomplying lots created prior to January 13, 1950 without city approval: Any noncomplying lot not approved by the city that was created prior to January 13, 1950, may be approved as a legal noncomplying lot subject to the lot meeting minimum zoning requirements at the time the lot was created and documented through an updated zoning certificate for the property. As the property was created prior to the adoption of the zoning code, 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. If you have any questions regarding this interpretation, please contact Noah Elmore at noah.elmore@slc.gov or (801) 535-7971. 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. Noah Elmore, AICP Associate Planner CC: Nick Norris, Planning Director Mayara Lima, Zoning Administrator Casey Stewart, Planning Manager and Development Review Supervisor Posted to Web ATTACHMENTS: Attachment 1: Context Map of Subject Properties Attachment 2: 1914 Warranty Deed Attachment 3: Salt Lake County Abstracts Book C9, Page 260 Attachment 4: 1916 Warranty Deed Attachment 5: Salt Lake County Abstracts Book C19, Page 48 Noah Elmore Attachment 1: Context Map of Subject Properties Parcel 16-05-402-024-0000 highlighted in red; parcel 16-05-402-025-0000 highlighted in yellow. Attachment 2: 1914 Warranty Deed Attachment 3: Salt Lake County Abstracts Book C9, Page 260 Attachment 4: 1916 Warranty Deed Attachment 5: Salt Lake County Abstracts Book C19, Page 48