HomeMy WebLinkAboutPLNZAD2026-00057 - 423 N I StFebruary 24, 2026
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS PLNZAD2026-00057
REQUEST: This is a request for an administrative interpretation regarding whether the rear property located
at approximately 423 N I Street (Tax ID#s 09-31-283-008-0000) is a (legal) noncomplying lot in
accordance with the Salt Lake City zoning laws and if the existing garage on the rear of Tax ID#
09-32-155-006-0000 could be expanded. The subject properties are located in the SR-1A (Special
Development Pattern Residential) zoning district.
DECISION:
The Zoning Administrator finds that the rear property located at approximately 423 N I
Street (Tax ID# 09-31-283-008-0000) is not recognized by Salt Lake City as a (legal) noncomplying lot and may not be further developed. The Zoning Administrator also finds that
the garage on the rear of Tax ID# 09-32-155-006-0000 is a nonconforming use and any expansion must meet applicable adopted regulations for such uses.
FINDINGS:
1) Lot Status Determination for 423 N I Street (Rear)
The subject property (09-31-283-008-0000) currently does not have “public street frontage” (lot
frontage) as required by 21.36.010, Subsection C for development of the property and does not
meet the minimum lot area requirement for the SR-1A zone to be developed for a single-familyhome (and any associated accessory uses to such a use) which requires 5,000 square feet (as per
21A.24.080.C) as the property is 1,750 square feet in size.
However, according to 21A.36.020, Subsection 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.” As such,
if the lot was “legally established” it could be developed for a single-family home. Further, according to 21A.38.060 “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. 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. Any noncomplying lot not approved by the city that was created on
or between January 13, 1950 to April 12, 1995, may be approved as a legal noncomplying lot subject to the lot meeting minimum zoning and subdivision requirements at the time the lot was
created and documented through an updated zoning certificate for the property.”
This section provides additional guidance to determine whether a lot is considered to be (legal)
noncomplying and is based on determining whether the lot was in legal existence and met the City
Code requirements at a prior point in time.
In order to determine whether the lot was legally established, or “in legal existence,” Staff
researched the history of the property as noted below.
The Nobhill subdivision was platted in 1891. It established 32 lots, including the subject rear property (09-31-283-008-0000), which was part of Lot 32. Lot 32 did not have public street
frontage. This was prior to the 1927 adoption of the City’s first zoning ordinance. Lots created prior to the adoption of the zoning ordinance are considered “legally established” even if they do
not meet current standards. The lot was divided in half in 1898 and subsequently further divided.
Albert White started purchasing portions of it in 1902 and owned the complete area of Lot 32 by
1916.
However, it remained divided into multiple parcels until 1951, when it was consolidated into its
original full Lot 32 configuration with a warranty deed. In 1951, Albert White and his wife, Ellen conveyed it to Zion’s Savings Bank & Trust Company along with several other parcels. The
warranty deed was recorded on February 10, 1951, and the relevant portion reads as follows:
Lots 29, 30, 31, and 32, Nobhill Subdivision.
At this point, Lot 32 was legally established and met the zoning requirements to be a buildable lot
for a single-family home. It met the minimum area requirement for a single-family home at the
time as the property was 3,500 square feet in size and the minimum requirement for a single-
family home was 3,000 square feet (see Section 6730 from the 1949 Zoning Code extract attached,
effective in 1951). The 1949 ordinance did not explicitly regulate frontage on a street, but did define “Lot” as “Land occupied or to be occupied by a building and its accessory buildings,
including such open spaces as are required under this ordinance, and having frontage up on street or alley.” The property had frontage on an alley. If maintained in this configuration Lot
32 would be considered a legally established lot today. However, subsequent property
transactions did not maintain the Lot 32 configuration and reduced its size. A Waiver of Lien
recorded on August 24, 1964, identifies that Albert White died on February 20, 1951, and his wife
died on July 29, 1963. The document waives claims for a lien for inheritance taxes for several
parcels, including:
Lots 29, 30, 31 and 32, Nobhill Subdn.
A Special Warranty Deed recorded on October 20, 1964, conveys several parcels from Zions First National Bank to James A. White, Fred K. White, Ethel W. Ray, W. Ray White, Ada W. Beckstead,
Lucille W. White, Ruth W. Fagg and Albert R. White as tenants in common. The relevant portion
is as follows:
All of Lots 29, 30, 31 and 32, Nobhill Subdivision of Block 118, Plat “D”, Salt Lake City
Survey
Albert White’s obituary, which appeared on page 18 of the Deseret News on February 21, 1951, identified these individuals as his eight children. Lot 32 remained intact until December 2, 1965,
when a warranty deed was recorded that conveyed property from the White siblings and their
spouses to Walter Ray White and Merle W. White, his wife. The deed was as follows:
All of Lot 29, and the North 10 feet of Lot 30, NOBHILL SUBDIVISION of Block 118, Plat
“D,” Salt Lake City Survey,
Also
Commencing at the Southeast corner of Lot 32, NOBHILL SUBDIVISION of Block 118,
Plat “D,” Salt Lake City Survey and running thence West 28 feet; thence North 25 feet;
thence East 28 feet; thence South 25 feet to the place of beginning.
The above legal description is equivalent to the current legal description of 423 N I Street (09-32-155-006, I Street facing property) on file with the Salt Lake County Recorder’s Office. It includes
the parcel with the residence and the separate parcel with the garage. The current description is
as follows:
LOT 29 & N 10 FT OF LOT 30, NOB HILL SUB. ALSO BEG AT SE COR, LOT 32, SD SUB;
W 28 FT; N 25 FT; E 28 FT; S 25 FT TO BEG.
This transaction was the first of four that divided Lot 32 and the associated lots with residential
dwellings into their current configuration. With the transaction above, a separate parcel, 28 feet
x 25 feet was carved off of Lot 32 (the subject property), and the ”legal existence” of the subject property was lost as it reduced the area of the property below the legal requirements and
effectively created a new parcel with a new configuration that did not meet zoning requirements
at the time. As per 21A.38.060, “Any noncomplying lot not approved by the city that was created on or between January 13, 1950 to April 12, 1995, may be approved as a legal noncomplying lot
subject to the lot meeting minimum zoning and subdivision requirements at the
time the lot was created and documented through an updated zoning certificate for the property.” In 1965 when this occurred, the property was in the R-2 zoning district, and it required
a minimum of 5,000 square feet for a single-family dwelling. (See attached 1963 Zoning Map and
1964 Zoning Code extract, effect in 1965.) The original lot was 3,500 square feet and with the removal of the 28 feet x 25 feet (totaling 750 square feet), the lot was reduced to 2,750 square feet,
below the minimum required.
Other subsequent deeds recorded over the next two years split off other portions of the subject
property, further reducing its size. This included a deed from the White siblings to Robert M.
Penrose and Kathryn B. Penrose in 1966 that included the dwelling at 427 N I Street and the parcel to the rear that currently houses a carport. It also included a 1967 warranty deed that conveyed
property from James A. White and Marion E. White, his wife; W. Ray White and Merle W. White, grantors his wife; Ethel W. Ray, a woman; and Lucille W. White, a woman to Fred K. White, Albert
R. White, Ada W. Beckstead, and Ruth W. Fagg. It included several properties, including the
dwelling at 419 N I Street and the separate parcel with a garage.
A warranty deed was recorded on June 30, 1966, that conveyed property from the White siblings
to William Dendaas, described as follows:
Beginning at a point 25 feet North of the Southeast corner of Lot 32, NOBHILL SUBDIVISION of Block 118, Plat “D”, Salt Lake City Survey, and running thence West 70
feet; thence North 25 feet; thence East 70 feet; thence South 25 feet to the place of
beginning.
The above legal description is equivalent to the current legal description on file with the Salt Lake
County Recorder’s Office for the subject property that is addressed at 423 N I Street, is located along the alley rather than I Street, and has the Tax ID# 09-31-283-008-0000. The current
description is as follows:
COM AT NE COR LOT 32 NOBHILL SUB W 70 FT S 25 FT E 70 FT N 25 FT TO BEG
To summarize, Lot 32 (the origin of the subject property) met the lot size requirements for a
single-family home in place in 1951 when it was consolidated that year. Subsequent Zoning Code changes increased the requirement to 5,000 square feet for a single-family home, but the lot was
considered a legally existing noncomplying lot as it existed prior to that zoning requirement being
adopted. However, subsequent deeds further changed the configuration of the lot and reduced its
lot size below its legally existing 3,500 square foot lot area, creating a new, more noncomplying property that did not meet the lot size requirements at the time (in 1965) and therefore losing its
legal noncomplying status. As it is not a legally existing lot, having not been “legally established,” and did not meet the zoning requirements at the time of its creation in 1965, it is not recognized
as a (legal) noncomplying lot and can’t be developed for a single-family home or for other
accessory uses to a single-family home.
2) Expansion of Garage
The applicant also wanted to know if the garage on the rear of Tax ID# 09-31-155-006-0000 could
be expanded. Staff reviewed the available building permit files and could not find a permit for the garage, but did find evidence in aerials and historical property maps indicating the structure may
have been in place in some form since before 1927. The City’s zoning regulations also previously allowed for accessory uses on “accessory lots”, which is what parcels detached, but associated with
a main parcel, were considered. This was allowed by City zoning code sections 21A.40.052,
“Accessory Uses on Accessory Lots” and 21A.44.02.H.5, which were adopted by ordinance 30 of
1998. Historically, these properties were used for parking, an accessory use to residential
dwellings. The ordinance language allowing such use was repealed in 2008 with ordinance 61 of
2008. When a use was once allowed and then the regulations change and the use is no longer allowed, it becomes a nonconforming use. It can remain as it originally functioned, but there are
limitations to changes that can be made to the property. These are identified in Section 21A.38.050. Subsection H, paragraph 2, provides circumstances with the use can be enlarged as
follows:
2. Enlargement of a Nonconforming Use: An enlargement of a nonconforming use
may be allowed pursuant to the following:
a. Limited to a one-time expansion after April 12, 1995, or after the passage of the
ordinance which made the use nonconforming, whichever is later. Such one-
time expansion is subject to the following limitations:
(1) Such expansion is limited to twenty five percent (25%) of the occupied area,
or one thousand (1,000) square feet, whichever is less; and
(2) The use may not occupy additional land. A nonconforming use is prohibited from expanding onto a portion of a lot that was added to the subject
parcel or lot through any process authorized in Title 20 Subdivisions if
the use is or was prohibited at the time the lot or parcel was expanded.
d. Unless otherwise exempt, the expansion is subject to all requirements of this
title.
e. An approved expansion shall be documented through an updated zoning
certificate for the property.
Any expansion of the garage would be limited to a single expansion and would need to meet the
requirements for an accessory structure in a rear yard. It could not be expanded to the parcel to
the north, based on the restriction in (2) that it cannot not be expanded to another parcel or lot.
As a nonconforming use, the garage may not be expanded to the adjacent parcel to the north.
If you have any questions regarding this interpretation, please contact Sara Javoronok at (801)
535-7625 or by email at sara.javoronok@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.
Sara Javoronok, AICP
Senior Planner
CC: Nick Norris, Planning Director
Daniel Echeverria, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
Posted to Web
Attachments:
Vicinity map of subject property
Extract of 1964 Zoning Code
Extract of 1963 Zoning Map Extract of 1949 Zoning Code
Extract of 1951 Zoning Map Nobhill Subdivision
Warranty Deeds
greater height of building permitted on the wider street shall
apply within a distance of 120 feet from such meet.
( d) Industrial and Unrestricted districts. In an lndustria I
or Unrestricted district, no building ocher than a grain elevator
or a gas holder shall be erected to a height in excess of eighty
( 80) feet.
( e) Exceptions. Genera I. The fol lowing exceptions ap
ply to the foregoing height regulations except as outlined in
paragraph (a) above, relating to buildings and structures
within the vicinit}' of airports:
( 1 ) The provisions of this section shall not apply co
restrict the height of a church spire, rower or belfry, or a flag
pole, wireless tower, monument, chimney, water tank, elevator
bulkhead, stage rower or scenery loft.
( 2) Nothing in these regulations shall apply to prevent
the erection above the height limit of a parapet wall or cornice
for ornament and without windows, extending above such
height limit not more than five ( 5) feet.
(3) Any portion of a building may be erected ro a hei_~ht
in excess of the respective height limits as herein prescribed
provided such portion of such buildings is set back from all
street, alley and required yard lines, one (I ) foot for each
three ( 3) feet of such additional height if in an industrial
or commercial district, and one ( L) foot for each twb ( 2)
feet of such additional height if in any residential district.
Sec. 6730. Arca regula tions. In all use districts for
buildings hereafter erected or altered to accommodate or make
provision for additional families, the required lot area per
family housed shall be as follows:
3()00 square fc:ec for a one family dwelling.
3500 square feet for a two-family dwelling with an addi
tional 500 square feet required for each family added.
Provided chat in any district a single family dwelling may
he erected on any lot held in separate ownership at the time
of the passage of the Zoning Ordinance, September 1., 1927.
A lot extending to a rear alley shall be deemed to extend to
rhe center of such alley, and a lot abutting upon two or more
streets (a corner lot) shall be deemed to extend to the center
of the side street in computing its area for the purpose of this
section. For the purpose of this section the number of families
which a building is designed to accommodate shall be deter
mined by the number of separate housekeeping units in such
building. A suite of rooms without a kitchen or facilities for
cooking meals shall not be deemed a housekeeping unit for
the purpose of this section.
Sec. 6731. Plats. All applications for building permits
shall be accompanied by a plat in duplicate drawn to scale
and showing the actual dimensions of the lot to be built upon,
the · size and location of the existing build ings and buif,dings
co be erected, and such other information as may be necessary
to provide for the enforcement of this ordinance. A careful
record of such application and plats shall be kept in che office
of rhe Building Inspector. No yard or other open spaces pro
vided about any building for the purp9se of complying with
the provisions of these regulations shall be used as a yard or
open space for another building.
Sec. 6732. Interpretation and application . In interpre
ting and applying the provisions of chis chapter they shall be
held to the minimum requirements for the promotion of the
public health, safety, order, convenience, prosperiry_and general
welfare. It is not intended by this chapter to interfere with or
abro<>ate or annul any easement, covenants or ocher agree-
o 1· men ts between parties; provided, however, that where t 11s
chapter imposes a greater restriction upon the use of building
or premises or upon height of bu ilding, or requires larger open
spaces than are imposed or required by ocher laws, ordinances
or restrictions, the provisions of this chapter shall control.
Sec. 6733. Violation and penalty.· Any person con
victed of violating or refusing to comply with any of the pro
visions of this chapter shall be punished by a fine in any sum
not exceeding two hundred ninety-nine ( $299.00) dollars, or
he imprisonment in the city jail for a period of not longer than
six months, or by both such fine and imprisonment. The
court may, in imposing the fine, enter as part of the judgment,
that, in default of the payment of che fine, the violator · may
be: imprisoned in the city jail for a period of not exceeding six
25
Extract of 1951 Zoning Map
CHAPTER 13
RESIDENTIAL "R-2" DISTRICT
Sec. 51-13-1. USE REGULATIONS. In a Residential "R-2" District no building
or structure or land shall be used and no building or structure shall be erected which is
arranged, intended or designed to be used for other than one or more of the following' uses:
1. Any use permitted in a Residential "R-1" District.
2. In a single-family dwelling the renting of rooms to not more than six (6) persons.
This provision does not apply to a two-family dwelling.
3. Two-family dwellings.
4. Dormitories, fraternity or sorority houses, or boarding houses occupied only by
the faculty or students of any college or university and supervised by the authorities there
of, provided, however, that such houses shall not be located or established more than six
hundred (600) feet distant from the lands and premises owned and occupied by the institution
to which they are incident; and 'provide~ further, that for the purposes of this section the lands
and premises occupied by the University of Utah and Westminster College shall be deemed
to include only the following described property:
UNIVERSITY OF UTAH. Commencing at the southeast corner of First South
Street and University Street; thence south .along the west boundary of the University of Utah
to the north line of Fifth South Street; thence east along the north line of Fifth South Street
and Hempstead Road to the intersection of Hempstead Road and Wasatch Drive; thence
northwesterly along Wasatch Drive to the intersection of Forf Douglas Boulevard; thence
westerly along Fort Douglas Boulevard to a point two hundred (200} feet east of the inter
section of Wolcott Street and Federal Way; thence south four hundred and ninety-two (492)
feet more or less to First South Street; thence west along the south side of First South Street
to-the point of beginning.
WESTMINSTER COLLEGE. Commencing at the southeast corner of 13th East
Street and 17th South Street; thence south along the west line of 13th East Strel;lt one
thousand, two hundred and seventy-five (1,275) feet; thence west one hundred and thirty -
two (132) feet; thence south one hundred and fifty {150) feet; thence west six hundred and
twenty-seven (627) feet more or less to the east line of 12th East Street; thence north along
the east line of 12th East Street to the center of Emigration Creek; thence northwesterly
along Emigration Creek to the east line of.12th East Street; thence north along the east line
o.f 13th East Street three hundred and fifty-six (356) feet; thence east along the south Ii ne
o'f Wi Ison Avenue one hundred and seventy-five (175) feet; thence north six hundred and
sixty (660) feet along the east line of 12th East Street to the south line of 17th South Street;
thence east seven hundred (700) feet to the point of beginning.
Sec. 51-13-2. AREA REGULATIONS. The minimum lot area shall be not less than
five thousand (5,000) square feet for a single-family dwelling or six thousand (6,000) square
feet for a two-family dwelling.
37
Extract of 1963 Zoning Map