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Home My WebLink AboutPLNZAD2026-00064 - 672 S West Temple1 March 4, 2026 ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE DECISION AND FINDINGS PLNZAD2026-00064 – 672 S West Temple REQUEST: Trista Millete, property owner representative, is requesting approval of a Determination of Nonconforming Use application for the property located at approximately 672 S West Temple (Tax ID# 15-12-227-008-0000). The request is to determine whether the “Car Wash” land use can be recognized as a (legal) nonconforming use. The property is located in the D-2 Downtown Support District where a Car Wash is a Permitted Use, unless “located within 165 feet (including streets) of a residential use.” The property line of the subject property immediately abuts (within 2 feet) a multi-family residential building at 670 S West Temple, conflicting with the code, and necessitating this document. DECISION: Based on the provisions of the Zoning Ordinance section 21A.38.040.E, City and County records, and documentation submitted by the applicant, the Zoning Administrator finds that the Car Wash located at 672 S West Temple, is considered to be a (legal) nonconforming use, having been established in 1968 and continuing since that time, and is therefore allowed to continue. The Salt Lake City Board of Adjustment approved a variance allowing the use and its location on July 22, 1968. City records indicate that the use has continued since that time. FINDINGS: A nonconforming use is defined in the City Zoning ordinance as: Any building or land legally occupied by a use at the time of passage of the ordinance codified herein or amendment thereto which does not conform after passage of said ordinance or amendment thereto with the use regulations of the district in which located. The subject property is located at 672 S West Temple. The existing structure was built in approximately 1968, according to Salt Lake County Assessor’s records (attached). City building permit records also show a building permit issued that year for a car wash (see Attachment 8). The Board of Adjustment granted a variance for the former Super Sonic Car Wash to “construct a car wash which would not maintain the required 100’ from the nearest dwelling in a C-1 and a C-3 District” on July 22, 1968 (Case #5601.) At the time of the variance to allow the construction of the car wash, the subject property was zoned C-3 (General Business Activity). C-3 land uses reflect permitted uses in the C-1 and C-2 zones, which included “Auto wash, auto upholstery and auto accessory installation shops.” The property directly west was R-6 (Multi-Family Dwellings) and directly south was zoned C-1 (Limited Commercial). The properties to the north and east were also zoned C-3 (General Business Activity), with a dwelling unit located on the abutting property to the north. The property is currently zoned D-2, but the structure still has dwelling units. 2 During the July 22, 1968 Board of Adjustment meeting regarding Case #5601, the discussion outlined issues regarding noise and hours of operation for the continuation of the use. The minutes indicate a possible desire to have a building further south on the property and state “when asked why the building could not be shifted farther to the south, Mr. Simons stated it would be a problem of ingress and egress and cars would then be parked next to existing structures” (see attachment 7). Case #5601 also outlined 5 conditions of approval of continuing the use below. Board of Adjustment Case #5601 July 22, 1968 Conditions of Approval 2. that the area between the building and West Temple Street and from the north driveway to the north property line be landscaped 3. that there be setbacks of 3' inside the property line on West Temple and 15' inside the property line on 7th South 4. that the driveways, setback and landscape areas be defined by 6" poured concrete control curbs 5. that all setback areas and the area between the property line and the sidewalk and between the sidewalks and the curb be landscaped with lawn and/or shrubs, not rocks, and that a sprinkling system be installed to assure proper maintenance 6. that the hours of operation of this facility be limited from 8 a.m. to 6 p.m. as long as there is an apartment house to the north 7. that everything possible be done to prevent the emission of noise 8. that the lot be drained and hard surfaced under permit from and to meet the requirements of the City Engineer's office 9. that curb and gutter and sidewalk be installed surrounding this property wherever it does not now exist. 10. that the driveways be limited to 30’ in ordinance 11. that there be no snipe signs in any of the planting areas, all signs to meet the ordinance 12. that no loudspeakers be installed 13. that the final plans, showing all these requirements be subject to approval by a Committee of the Board, a copy of the final approved plan to be filed with the case 14. these restrictions to be recorded in the office of the County Recorder to be made a part of the abstract of the property There were subsequent Board of Adjustment cases for the use. On January 5, 1970, the Board of Adjustment granted approval for the “Reconsideration of the condition imposed by Case #5601 restricting the hours of operation at the car wash, which is in a C-3 District.” This was Case #5866. This meeting included a discussion about harmful emissions entering adjacent bedrooms. As a result of the meeting, the Board altered the closing hour from six to nine p.m. while also requiring the construction of a 6’ masonry wall along the north property line. 3 Board of Adjustment Case #5866 January 5, 1970 Conditions of Approval ruling of the Board be modified by extending the closing hour from six to nine p.m. in consideration of which they are to build a 6' masonry wall along the north property line between the building and the west property line, the wall to be constructed before the hours are extended, seconded by Mr. Sorensen, all voting "Aye". On June 16, 1975, the Board of Adjustment heard Case #6919, which requested a reduction in setback for a permit to remodel and enlarge the car wash that did not maintain the required 100-foot distance from a dwelling. The Board voted positively with the following approval and conditions: Board of Adjustment Case #6919 June 16, 1975 Conditions of Approval 5' between sidewalk and property line Mr. Sorensen moved that a variance be granted to permit a 16' setback from sidewalk for the parking along the 7th South side of the property, with the following provisions: 1. that that setback be defined by a 6" poured concrete control curb 2. that that setback be completely landscaped with ground cover and shrubs with sprinkling systems being installed to ensure proper maintenance 3. that the area between the curb and sidewalk and between sidewalk and property line on both streets be completely landscaped (no rocks) and sprinkling systems installed to ensure proper maintenance 4. that the parking area be hard surfaced to meet all requirements of the City Engineer's office 5. that all drainage be taken care of on the applicant's own property 6. that the final plan showing all of these requirements be subject to approval by a Committee of the Board, a copy of the finally approved plan to be filed On March 22, 1976, the Board of Adjustment met regarding “modification of Board Case #6919 requesting that the required 15’ landscape setback from 7th South be waived allowing the parking lot to be constructed to the property line in a C-3 District abutting a C-3A District.” This was Case #7126. The Board denied case #7126 and did not alter the conditions of Case #6919. These conditions, from Cases #5601, #5866, and #6919, set forth the conditions applicable to the Car Wash use on the property and any continuation of that use must maintain those conditions. As noted in the attached building permit and business license history, the use has continued since the time of its original construction in 1968 and has not been abandoned. 4 The existing use was legally permitted and legally occupied the land when the current D-2 distance restriction was adopted (“at the time of passage”), and so is considered a (legal) nonconforming use as per the associated definition of a “nonconforming use.” FUTURE DEVELOPMENT & CONTINUATION OF NONCONFORMING USE: As per 21A.38.020 “Authority to Continue,” the nonconforming use may continue regardless of any change of ownership. Any modifications to the use, such as remodeling, are subject to the provisions in City Code 21A.38.040.H “Modifications to Nonconforming Uses.” Any modifications to noncomplying portions of the buildings or structures associated with the use are subject to the standards in 21A.38.050 “Noncomplying Structures.” Please note that a complete demolition of the use would result in the loss of the use as per 21A.38.040.H.5.b, but some demolition, such as for purposes of a remodel, is allowed without a loss of the use, up to the limits noted in 21A.38.040.H.5.c. If you have any questions regarding this interpretation, please contact Amanda Roman, Urban Designer at (801) 535-7660 or amanda.roman@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 available on the Planning Division website at https://www.slc.gov/planning/applications/ , along with information on how to apply and processing fees. Amanda Roman Urban Designer CC: Nick Norris, Planning Director Daniel Echeverria, Zoning Administrator Casey Stewart, Planning Manager/Development Review Supervisor Central 9th Community Council Chair – Douglas Mark Flagler Posted to Web Attachments: 1. Vicinity map of the subject property 2. Historic aerials of the subject property (1971/1980/1999) 3. Historic aerials of the subject property (2008 to 2025) 4. Salt Lake County Assessor’s Property Information 5. Salt Lake City Building Permit History 6. Board of Adjustment Records (1968/1970/1975) 7. Minutes for Board of Adjustment Meetings (1968/1970/1975) 8. Business License History 5 1. Vicinity Map – Subject Property 6 2. Historic Aerial from 1971– Courtesy of Utah Geological Survey 7 Historic Aerial from 1980– Courtesy of Utah Geological Survey 8 Historic Aerial from 1999 – Courtesy of Utah Geological Survey 9 3. Historical Aerials of the Property (2007 to 2025) 3/15/2007: 10 3/21/2010: 11 12/01/2013: 12 3/19/2019: 13 12/04/2024: 14 4. Salt Lake County Assessor’s Property Information 15 16 17 5. Salt Lake City Building Permit History Record Record Alias Name Application Name Status Applicant Created Date Location BLD2023-02459 Commercial Building Permit Take 5 Parapet and Siding Repair Salt Lake City, UT 84101- BLD2023-01254 Relocation Salt Lake City, UT 84101- BLD2019-00796 WASH PETERSEN Salt Lake City, UT 84101- BLD2017-09999 Wash Remodel Salt Lake City, UT BLD2018-09563 Salt Lake City, UT BLD2018-09562 Wash Remodel HOLLINGSHEAD Salt Lake City, UT BLD2014-05694 WASH TAYLOR Salt Lake City, UT 84101- 2737 BLD1996-105689 BLD1996-105690 BLD1994-87352 Salt Lake City, UT BLD2000-157111 18 BLD2000-157113 Building/Permit/Commercial/NA Building Inactive 11/22/2000 672 S WEST TEMPLE ST, , Salt Lake City, UT BLD2000-157550 Building/Electrical/Commercial/NA Building Inactive 12/8/2000 672 S WEST TEMPLE ST, , Salt Lake City, UT BLD2005-201136 Building/Sign/NA/NA Building Inactive 3/18/2005 672 S WEST TEMPLE ST, , Salt Lake City, UT BLD1989-38271 BLD1987-75518 BLD1987-74971 BLD1987-75164 BLD1992-72711 19 20 21 6. Board of Adjustment Records (1968/1970/1975/1976) 22 23 24 25 7. Minutes for Board of Adjustment Meetings (1968/1970/1975/1976) July 22, 1968 – Case #5601 26 27 28 29 January 5, 1970 – Case #5866 30 31 June 16, 1975 – Case #6919 32 33 34 March 22, 1976 – Case #7126 35 36 8. Business License History Record Application Name Status Applicant Created Date Location LIC2025-02458 Business License Pending Take 5 Car Wash - 5225 10/30/2025 672 S WEST TEMPLE St, Salt Lake City, UT 84101-2737 LIC2018-00097 Business License Terminated Take 5 Car Wash KAMEN GODDARD,ANNA MICHAELIS,CURTIS ROBERTS,KAMEN GODDARD LIC2004-00006 TECHNA,GLASS INC TECHNA,TROY (PRES) MASON,MASON LIC1979-02170 GODDARD,SONIC CAR WASH SUPER,WAYNE & GUY GODDARD,NA NA,WAYNE & GUY LIC1988-00761 SUPER,NA NA,SONIC CAR WASH SUPER,SONIC CAR WASH SUPER,SONIC CAR