HomeMy WebLinkAboutPLNZAD2026-00239 - Decision and Findings 5.6.2026PLNZAD2026-00239 1
May 6, 2026
ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE
DECISION AND FINDINGS
PLNZAD2026-00239
REQUEST:
This is a request by Dashiel Kulander, representing Boojum Med, for a Determination of
Nonconforming Use regarding whether the proposed use of “cannabis production establishment”
is sufficiently similar to an existing nonconforming use, in order to allow the change of use on the
property at approximately 510 W 900 S (Tax ID# 15-12-153-004-0000). The property is located
in the MU-11 (Mixed Use 11) zoning district and is also within the Transitional Overlay zoning
district. Changing from one nonconforming use to another nonconforming use is subject to
determination by the zoning administrator as to the new proposed used being a similar lane use
type as the existing use, per section 21A.38.040.H.1.b of the Salt Lake City Zoning Ordinance.
DECISION:
Based on the provisions of zoning ordinance section 21A.38.040.H, City and County records, and
the documentation submitted by the applicant, the zoning administrator finds that the
use of “cannabis production establishment” is a similar land use type as the
existing nonconforming use and can be authorized at the subject property through
the issuance of a business license and other permits as needed.
FINDINGS:
Zoning History
The property at approximately 510 W 900 S includes multiple structures, both attached and
detached. According to Salt Lake County parcel records, the various structures were originally
built between the years of 1913-1979. Prior to the City’s 1995 zoning ordinance update, this
property was located in the M-2 Intermediate Industrial zoning district, which allowed a variety
of industrial uses. After 1995, the property was designated as CG General Commercial, a zoning
district that allowed many commercial uses, but generally did not permit manufacturing uses.
Medical cannabis was illegal in the state of Utah until 2018, when the Utah Legislature passed the
Utah Medical Cannabis Act, HB3001. The Utah Code defines “cannabis production
establishment” as a cannabis cultivation facility, a cannabis processing facility, or an independent
cannabis testing laboratory. In 2020. Salt Lake City adopted Ordinance 4 of 2020, adding
cannabis-related land uses to the land use tables. This ordinance made “Cannabis production
establishment” a permitted use in the City’s agricultural and manufacturing districts. Cannabis
production establishments were not permitted in commercial zoning districts.
The applicant’s narrative refers to an administrative interpretation from 2019 regarding
“industrial hemp processing” (PLNZAD2019-01020). This interpretation was requested at a time
after medical cannabis was legalized in the state of Utah, but before Salt Lake City added
cannabis-related uses to the land use tables. The letter states that “industrial hemp processing” is
PLNZAD2026-00239 2
most similar to “light manufacturing,” which was not allowed in the CG zoning district. The letter
did not make any determination regarding potential nonconforming use of the property. The
interpretation also notes the distinction between industrial hemp and medical-grade cannabis.
Utah Code §4-41-102 defines industrial hemp as:
(11) "Industrial hemp" means any part of a cannabis plant, whether growing or not,
with a concentration of less than 0.3% tetrahydrocannabinol by dry weight.
The industrial hemp interpretation is not applicable to the applicant’s request for a determination
of nonconforming use because the proposed use of “cannabis production establishment” is now a
defined land use listed in the land use tables.
The property was subsequently rezoned in 2025 to MU-11 and Transitional Overlay when the City
adopted new Mixed Use zoning districts (Ord. 47A of 2025). These districts also prohibit new
manufacturing-related uses and cannabis production establishments. A limited number of
heavier commercial uses are listed as allowed in each zone.
Is the current use a legal nonconforming use?
The zoning ordinance defines a nonconforming use 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.” (21A.62.040)
As previously noted, the existing parcel contains multiple structures, and separate units within
each structure are assigned sub-addresses. The applicant’s narrative indicates that the proposed
business intends to operate in the unit on the northern portion of the existing building. This space
is shown by the sub-address 852 S 500 W.
While the applicant’s site plan outlines the northern portion of the building corresponding to the
852 S 500 W commercial space, staff understands that other addresses may have been associated
with the use of this space in the past. For example, a business could occupy multiple spaces, but
only list one address on the business license. The proposed use will be occupying the 852 S 500
W space, but staff will evaluate records associated with each of the potential addresses to ensure
a complete and thorough analysis.
PLNZAD2026-00239 3
Applicant’s (Boojum Med) site plan identifying the area to be used
The applicant provided copies of the previously approved business licenses for this commercial
space (LIC2022-00735 & LIC2019-00315) as evidence that the current land use is a legal
nonconforming use. These records, along with all other business license, building permit, and
administrative interpretation records for the relevant addresses, may be considered as evidence
establishing the legality of use. A timeline of the recent associated licenses, permits, and other
land use decisions related to the subject area of the property is listed below:
• 2019:
o Feb. 22, 2019 – Business license (LIC2019-00315) issued to Checkerspot Design
Lab at the address 922 S 500 W (located off-site from property in question).
o Nov. 19, 2019 – Administrative Interpretation (PLNZAD2019-01020) issued
regarding industrial hemp processing use associated with 864 S 500 W.
• 2021:
o Jan. 4, 2021 – Administrative Interpretation (PLNZAD2022-00968) issued
identifying the businesses’ proposed uses as “laboratory testing,” “retail goods,”
“industrial assembly,” and “office” at proposed site 864 S 500 W as well as the 860
S 500 W space.
o Oct. 13, 2021 – Building permit (BLD2021-02470) issued at 860 S 500 W.
Described as “Interior and exterior remodel of a 2,100 SF office building.”
Although the license associated with this building is referenced by the
applicant, the building is not included in the applicant’s use proposal.
o Oct. 19, 2021 – Business license (LIC2019-00315) moved from 922 S 500 W and
re-issued under address 864 S 500 W and new license inspections completed by
the City.
Operations described as: “We are a research, development, test and
prototype division of our bio tech parent company, Checkerspot, Inc. of
Berkeley, CA. We are working with urethanes and elastomers.”
Zoning review notes the approval as: “CG Zone. Laboratory testing is a
permitted use. Not an intensification of use.”
PLNZAD2026-00239 4
o Dec, 2, 2021: City adopts ordinance 64 of 2021, which eliminates the use
“laboratory, testing” and revises the definition of “research and development.”
With the change, the CG zone no longer listed “laboratory, testing” (see
ordinance Section 3) but “research and development facility” was added
(see ordinance section 4).
• 2023:
o Jan. 25, 2023 – Building permit (BLD2022-05379) “Checkerspot Materials Lab”
issued for property at 852 S 500 West.
Permit described as “Tenant improvement at existing vacant metal
building located at 852 S 500 W. The project is approximately 13,550
square feet and includes shipping and receiving, warehouse space, open
office area, chemical storage, mixing and lab areas, conference room and 2
new restrooms.”
o Mar. 9, 2023 – Business license (LIC2022-00735) “Checkerspot, Inc. DBA WNDR
Alpine” requested for 860 S 500 West and notes the use retail.
Zoning approves the land use with the comment, “Retail is permitted in the
CG zone. Pass.”
The issued business license includes the NAICS code (3251990 all other
basic chemical manufacturing).
This property is not proposed for occupancy by the current applicant.
• 2025:
o Oct. 8, 2025 – Zoning of the property changes from CG to MU-11 and Transitional
Overlay with ordinances 47A and 47B of 2025 going into effect.
MU-11 zone allows “Research and Development,” “Office,” and “Retail”
uses. Transitional Overlay zone allows “Industrial Assembly.”
860 S 500 West Land Uses
Site plan with 860 S 500 W identified
PLNZAD2026-00239 5
In 2022, WNDR Alpine/Checkerspot applied for a business license (LIC2022-00735) for the
small structure addressed as 860 S 500 W. This address is associated with the small building that
the current cannabis use applicant has indicated they are not proposing to use. However, the
applicant has referenced this use to support their case that the business was classified as chemical
manufacturing. The business license applicant included the following details on their application:
City business license information
The applicant listed a NAICS description with “325199 All Other Basic Organic Chemical
Manufacturing.” Typically, NAICS codes are used for census or tax purposes and are not
considered as part of the zoning review for business licenses, as they do not always correspond
with the actual “land use” activity on the site. For example, an office may list itself under the
specific industry category NAICS that their office manages, such as mining, which does not
correspond with the administrative office functions of the space.
Zoning approval is based on the description of business operation listed on the license and any
clarification received from the applicant if the description is unclear. The business operation
description was only listed as “RETAIL” for this license. Further, the administrative
interpretation PLNZAD2020-00968 and subsequent permit record BLD2021-02470 confirm
that the associated space was to be used for retail. The administrative interpretation specifically
included a draft plan of the retail space, which they subsequently applied for a permit for under
BLD2021-02470, which was described as “Interior and exterior remodel of a 2,100 SF office
building” (see additional discussion regarding the interpretation and associated permits below).
Retail was a permitted use in the CG General Commercial zoning district and is currently a
permitted use in the MU-11 zoning district. As such, the Zoning Administrator does not recognize
any nonconforming uses of the 860 S 500 W business space. Further, the business license address
and associated interpretation and permits verify that the license did not cover the area the
applicant proposes to use.
PLNZAD2026-00239 6
864 S and 852 S 500 West Land Uses
Site plan with 852 S 500 W and 864 S 500 W identified
In 2019, LIC2019-00315: CHECKERSPOT INC, was applied for and approved with the following
description of business operation: “We are a research and development test and prototype
division of our parent company Checkerspot Inc of Berkeley CA. We are working with urethanes
and elastomers” (see the attached business license application form). The license was issued for
the address at 922 S 500 W, which is located across the street from the subject property.
In January 2021, an Administrative Interpretation letter (PLNZAD2020-00968) was issued
confirming the land uses associated with the Checkerspot business were all permitted uses within
the CG (General Commercial) zoning district. The letter confirmed that the uses of “Industrial
Assembly,” “Laboratory, Testing,” “Office,” and “Retail Goods Establishment” were all permitted
uses in the zone at the time. See the attached applicant narrative and draft floor plans for the
property. The applicant requested the letter as they were proposing to move to the subject
property/buildings shown on the applicant’s map as 864 and 860 S 500 West.
In October 2021, the business subsequently requested to move their business license to 864 S 500
W and was re-authorized in the associated Zoning license review as “Laboratory testing” on
October 19, 2021. The Zoning review confirmed that “Laboratory, testing” was a permitted use in
the CG zone and approved the use with the comment “CG Zone. Laboratory testing is a permitted
use. Not an intensification of use.” The zoning ordinance defined the use as follows:
LABORATORY, TESTING: A use engaged in determining the physical qualities of
construction, medical or manufactured materials. This use does not include research
laboratories engaged in scientific experimentation.
PLNZAD2026-00239 7
“Laboratory, testing” is no longer a defined or listed land use in the current zoning ordinance as
it was removed from the Zoning Code in 2021 by Ordinance 64 of 2021. However, that ordinance
revised the definition of “research and development facility” to align with the prior laboratory
testing use and was added to the CG zone. The use continues to be allowed in the current MU-11
zone. The zoning ordinance currently defines the use as follows:
RESEARCH AND DEVELOPMENT FACILITY: An establishment comprised of one or
more structures used primarily for applied and developmental research conducted
entirely indoors. The use may include testing to determine the physical qualities of
already manufactured materials or materials used in the manufacturing of a prototype.
Research and development facility is not a bio-medical facility or light manufacturing.
The business subsequently applied for a building permit for area in the adjacent 852 S 500 West
space. This is the space that Boojum Med proposes to occupy for their “Cannabis Production
Establishment” use. Permit BLD2022-05379 (Checkerspot Materials Lab) was approved in
January 2023 with the following description of work: “Tenant improvement at existing vacant
metal building located at 852 S 500 W. The project is approximately 13,550 square feet and
includes shipping and receiving, warehouse space, open office area, chemical storage, mixing
and lab areas, conference room and 2 new restrooms.” The plans also note a “finished goods”
area indicating the space was used for the “industrial assembly” use (defined to include
“…fabrication of finished or partially finished products…”) described in the administrative
interpretation. The plans also note a door into the adjacent 864 S space also used by Checkerspot.
While this permit does provide space for “chemical storage, (and) mixing,” those business
activities continued to be determined to be “Industrial Assembly” and “Laboratory, Testing”
(“research and development” at permit issuance), as determined in the administrative
interpretation, as opposed to “chemical manufacturing.” As the uses were permitted in the CG
zone at the time, the permit was issued.
As previously noted, “Laboratory, Testing” has effectively been replaced by “Research and
Development Facility” in the land use tables, which is a permitted use in the MU-11 zoning district.
However, “Industrial Assembly” is not permitted in the MU-11 zoning district, and is now only
allowed as a Conditional Use in the Transitional Overlay district. Based on the associated records,
Staff recognize that the primary use of the space by the former tenant (Checkerspot) was
“Industrial Assembly” with some elements of “Research and Development” and “Warehouse”
uses. Because the space was legally occupied by a permitted “Industrial Assembly” use at the time
the City passed an amendment rezoning the property to a new district where the use is no longer
allowed unless approved through a conditional use, the existing use of the space is considered a
legal nonconforming use.
Is the new use a similar land use type as the existing use?
According to Salt Lake City Zoning Ordinance section 21A.38.040.H, any change of a
nonconforming use to another nonconforming use is subject to determination by the zoning
administrator as to the new proposed use being a similar land use type as the existing use. Land
uses shall be considered similar land use types, if the uses:
PLNZAD2026-00239 8
(1) Are listed as a permitted or conditional use in the same land use tables within Chapter
21A.33;
(2) Have similar or the new proposed use requires less off street parking as defined
in Chapter 21A.44, "Off Street Parking, Mobility And Loading"; and
(3) Have similar or the new proposed use poses less adverse impacts. The new use may
not result in increased or new adverse impacts upon the vicinity after consideration is
given to hours of operation, traffic circulation, and environmental performance, such
as noise, air and water pollution, odors, and potential hazards.
The evidence provided by the applicant stated that the proposed use of “Cannabis Production
Establishment” was a similar land use type as “Chemical Manufacturing.” As noted above, the
City does not recognize “Chemical Manufacturing” as an approved use on the site but does
recognize “Industrial Assembly” as an existing nonconforming use on the site. Staff has evaluated
the proposal based on the existing use.
1. The uses are listed as permitted or conditional uses under 21A.33.040: Table of Permitted
and Conditional Uses for Manufacturing Districts.
• “Cannabis Production Establishment” is listed as a permitted use in all
manufacturing districts.
• “Industrial Assembly” is listed as a permitted use in all manufacturing districts.
2. The uses require the same amount of off-street parking in the parking context (Transit
Context) that applies to the property, as defined by Table 21A.44.040-A: Minimum and
Maximum Off Street Parking.
• “Cannabis Production Establishment” is not listed in the required off-street
parking table. Per 21A.44.030.B, unlisted uses may apply the requirements
specified for a listed use that is deemed most similar to the proposed use. Previous
interpretations have deemed “light manufacturing” as a similar use (see
PLNZAD2019-01020 – Exhibit H in the applicant’s materials). “Light
manufacturing” requires no minimum parking spaces in the applicable Transit
Context.
• “Industrial Assembly” requires no minimum parking spaces in the Transit Context.
3. The proposed use poses similar or less adverse impacts than the current uses.
• Hours of operation:
o Previous tenant (Checkerspot): No specific hours noted on license, but
the applicant’s narrative indicates that the previous business hours were
8am – 6pm.
o Proposed tenant: 9am – 5pm.
o The uses have similar daytime hours of operation.
PLNZAD2026-00239 9
• Traffic circulation:
o No changes are proposed to the site. As previously discussed, the parking
requirements for both uses would be the same and there are no proposed
changes to existing parking areas. The applicant’s materials indicate that
the proposed use will employ approximately 10 staff, compared with
nearly 50 staff employed by the previous “Industrial Assembly” tenant.
The applicant anticipates a reduction in overall traffic to the site. The
proposed use would entail a similar or lower frequency of vehicle traffic
than the prior use.
• Environmental performance:
o The applicant’s narrative includes details of manufacturing processes
and photographs of equipment used on site that have the potential to
generate vapors, dust, and odors. This equipment was associated with the
prior “Industrial Assembly” use.
o Staff visited the site of the applicant’s current business location in Heber,
UT, on April 1 to assess potential adverse impacts. There was no
noticeable odor outside of the facility. No additional noise, fumes, dust,
or vapors were detected on site. Based on the site visit and the additional
informational materials provided by the applicant, it is expected that the
proposed use would have a similar or less of an adverse impact to the
vicinity.
Conclusion
Based on the evidence provided by the applicant and an analysis of City records, the Zoning
Administrator finds that the proposed use of “Cannabis Production Establishment” is a similar
land use type as the existing nonconforming uses “Industrial Assembly” based on the standards
listed in 21A.38.040.H.1.b.
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.
Andy Hulka, AICP
Senior Planner
PLNZAD2026-00239 10
CC: Nick Norris, Planning Director
Daniel Echeverria, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
Ballpark Neighborhood Council
Granary District Alliance
Posted to Web
Attachments:
1. Applicant’s Narrative
2. LIC2019-00315: 864 S 500 W Checkerspot, Inc. Business License Application Form
3. LIC2022-00735: 860 S 500 W Checkerspot, Inc. DBA WNDR Alpine License
Information
4. PLNZAD2020-00968: Checkerspot Administrative Interpretation
5. PLNZAD2020-00968: Checkerspot Applicant Narrative
6. BLD2021-02470: 860 S 500 W Permit Description
7. BLD2022-05379: 852 S 500 W Permit Description from City Database
PLNZAD2026-00239 11
1. Applicant’s Narrative
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Boojum Med, LLC
2206 W 3000 S
Heber City, UT 84032
(619) 985-7028
Determination of Non-Conforming Use
Boojum Med, LLC, a medical cannabis processing facility, as defined in Utah Code Ann. 4-41a-
201, Utah Code Ann. 4-41a-601, is requesting a Determination of Non-Conforming Use for a
new facility lease in Salt Lake City at 852 South 500 West.
Section 1. PROJECT DESCRIPTION .................................................................................................... 2
a. About Us ...................................................................................................................................................... 2
b. Zoning Ordinance for which determination is sought..................................................................... 2
c. 21A.38.040.H.1.b Checklist ..................................................................................................................... 3
d. Facts of specific situation giving rise to the request for a determination .................................. 4
e. Determination applicant believes to be correct ............................................................................... 7
Section 2. CHANGES TO NONCONFORMING USE (21A.38.040.H.1.b) ......................................... 7
a. Description of proposed use and similarities to the existing nonconforming use .................. 7
b. Site Plan ..................................................................................................................................................... 10
c. Hours of Operation ................................................................................................................................... 11
d. Traffic Circulation ...................................................................................................................................... 11
e. Environmental Performance ................................................................................................................... 11
f. Chemical Usage ....................................................................................................................................... 14
Section 3. SUPPORTING EVIDENCE ................................................................................................ 16
a. Chronology of all uses on subject property ...................................................................................... 16
Exhibit A – Previous Nonconforming Tenant Business Licenses ......................................................... 17
Exhibit B - Previous Nonconforming Tenant Square Footage: 34,622 sf ........................................... 19
Exhibit C - Previous Nonconforming Tenant Operation Photos .......................................................... 20
Exhibit D - Proposed Nonconforming Tenant - Current State and City Business Licenses
(Current Heber City/Charleston Location) .................................................................................................. 24
Exhibit E - Proposed Tenant Square Footage: 14,244 sf ........................................................................ 27
Exhibit F - Proposed Tenant Operational Photos .....................................................................................28
Exhibit G - General Facility Photos ............................................................................................................... 34
Exhibit H - Intrepid Administrative Interpretation ..................................................................................... 35
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Section 1. PROJECT DESCRIPTION
a. About Us
Boojum Med is a well-respected locally owned and operated medical cannabis company that
has been in business since the inception of the state’s Medical Cannabis Program in 2020.
As a medical cannabis processor for the last five years, we continue to focus on how we can
support our communities. We have continuously championed education in the cannabis sphere
and believe that when patients understand how cannabis works, especially in relation to their
own unique physiology, they are empowered to find products that are tailored to their needs,
and subsequently help them feel better, heal better, and live better.
In making our products, we use organic, natural ingredients at every opportunity, and have been
intentional in choosing to avoid harsh chemicals or toxins (hydrocarbons like butane and
propane or denatured alcohol) despite their widespread use in the industry and significantly
lower costs. We want only the best for our loved ones in vulnerable health, and that extends to
our entire community of Utah patients.
Boojum is entirely owned, operated, and staffed by Utah natives, all of whom hail from small
towns like Moab, Heber City, Blanding, and other close-knit communities across the state. We
are proud to be from our great state, and understand the unique values, landscapes, and
lifestyles that shape life here. That’s why we prioritize sourcing from local vendors and
collaborating with people and businesses who help our communities thrive. We love seeing our
neighbors across Utah flourish, and are committed to building something sustainable that will
continue to bring benefits to our community for years to come.
Boojum has been shaped by the same principles and mission since our founding: uplifting the
community, prioritizing science and education, and making plant medicine accessible to all Utah
patients.
b. Zoning Ordinance for which determination is sought
Boojum Med is seeking a determination of nonconforming use in the MU-11 zoning district that
was recently established under Salt Lake City Ordinance 47b of 2025. The property is located at
852 S 500 W (Parcel ID 15121530040000). Applicant desires to change from one
nonconforming use to another nonconforming use as outlined in 21A.38.040.H.1.b.
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4934-1126-4152.v2
c. 21A.38.040.H.1.b Checklist
1. Change of Nonconforming Use to another Nonconforming Use:
b. Determination of Nonconforming Use required: Any other change of a
nonconforming use to another nonconforming use is subject to determination by the zoning
administrator as to the new proposed use being a similar land use type as the existing use.
Land uses shall be considered similar land use types, if the uses:
(1) Are listed as a permitted or conditional use in the same land use tables within
Chapter 21A.33;
(2) Have similar or the new proposed use requires less off street parking as defined in
Chapter 21A.44, "Off Street Parking, Mobility And Loading"; and
(3) Have similar or the new proposed use poses less adverse impacts. The new use may
not result in increased or new adverse impacts upon the vicinity after consideration is given to
hours of operation, traffic circulation, and environmental performance, such as noise, air and
water pollution, odors, and potential hazards.
▢ (1) The current nonconforming use (Chemical Manufacturer) is listed as a conditional
use in the Manufacturing Districts Land Use Table (21A.33.040) and the proposed
nonconforming use (Cannabis Production Establishment) is listed as a permitted use in
the same land use table.
▢ (2) The current nonconforming use (Chemical Manufacturer) requires one space per
1,000 sq. ft. and the proposed nonconforming use (Cannabis Production Establishment)
is not listed in the Off-Street Parking Table found in 21A.44.040, however, “Light
Manufacturing” requires one space per 1,000 sq. ft., and based on the 2019
Administrative Interpretation described in Exhibit H, Cannabis Production Establishment
is most similar to Light Manufacturing (see excerpt of Administrative Decision below
stating that “industrial hemp processing is most similar to Light Manufacturing”). Thus,
the current and proposed uses have the same parking requirements.
▢ (3) Have similar or the new proposed use poses less adverse impacts. The new use
may not result in increased or new adverse impacts upon the vicinity after consideration
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4934-1126-4152.v2
is given to hours of operation, traffic circulation, and environmental performance, such
as noise, air and water pollution, odors, and potential hazards. See Section 2.
d. Facts of specific situation giving rise to the request for a
determination
Boojum Med is relocating its existing cannabis processing and manufacturing operations from
Heber City to a leased industrial facility in a multi-tenant complex located at 852 S 500 W in Salt
Lake City. The relocation allows our business to operate within closer proximity to several of its
cultivation and pharmacy partners located along the Wasatch Front.
By situating the operation with the industrial corridor of Salt Lake Valley, the facility reduces
transportation distance associated with distribution of medical cannabis products. This
consolidation of logistics improves operational efficiency and reduces transportation costs within
the regulated supply chain.
The complex historically existed within the Granary District’s Light Manufacturing (M-1) zoning
district and was later rezoned to General Commercial (CG) during the City’s redevelopment
planning for the Granary area in the mid-2000s.
At the time of rezoning, preexisting uses that were permitted as M-1 uses were “grandfathered
in” as legal nonconforming uses in the CG Zoning District.
The complex where the facility is located has continually been used for M-1 type uses over the
last 10 + years. They include but are not limited to:
● Prime Machine - industrial machining with heavy equipment like lathes, grinders and
welders
● Dan Green Restorations - restoration of classic cars
● Transco - Sales and servicing of mining conveyor belts. Welding, painting and grinding
● University of Utah - fuel and coal storage for the coal mill and pilot scale reactors next
door. These 111 ton wet wall coal fired reactors, which ran 5 million BTUs per hour on
the burners, produced temperatures of up to 3,000 degrees Fahrenheit.
● WNDR & Checkerspot (Chemical Manufacturer) - Primarily handle algae-derived
chemical precursors and liquid polyurethanes to manufacture ski and snowboard
components. The facility focuses on converting bio-based oils into high-performance
materials through a process of mixing, weighing, and liquid casting.
● Intrepid Academy - In 2019, Intrepid Alchemy, a hemp and cannabis processor
requested an Administrative Interpretation for their use at the facility which found that the
use could not be considered as a Commercial Food Preparation, Industrial Assembly,
Laboratory Testing, or Wholesale Distribution use which were allowed in CG zoning at
the time.
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Instead, the Zoning Administrator found that industrial hemp processing is most similar to Light
Manufacturing as defined in section 21A.62. See the “Intrepid Administrative Decision” in
Exhibit H.
Industrial hemp processing is a use that is substantively very similar to, and uses identical
equipment as, cannabis processing facilities.
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Intrepid Alchemy subsequently submitted a Determination of Nonconforming Use and was
approved to operate in the space. However, due to a lack of heavy power at the time, they
found another location.
Later in 2019, ski and snowboard manufacturer WNDR/Checkerspot Design Labs leased
multiple units within the complex totaling 21,000 square feet and were approved as a Chemical
Manufacturer, a use that was not listed as permitted or conditional in the land use table at the
time.
In 2022, WNDR expanded their operations to encompass the entire 34,622 square feet of the
complex. See Exhibit B.
Two years later, Salt Lake City passed ordinance 47b of 2025 which rezoned the property from
CG to MU-11. WNDR continued to operate as a nonconforming use under the new MU-11
zoning designation. In addition to the new zoning district, a transitional overlay was applied to
the property. The purpose of the T Transitional Overlay District is to “allow limited high intensity
commercial and light industrial uses in areas of the City that are intended to transition over time
toward a mix of residential and commercial uses”.
Applicant believes that their use is the type of “light industrial” use that the City intends to allow
in the Transitional Overlay District. Applicant Boojum Med will use the property exclusively as a
Medical Cannabis Processor as defined in Utah Code Ann. 4-41a-201, Utah Code Ann. 4-41a-
601. The facility is uniquely suited for light industrial processes such as extraction, product
manufacturing, packaging, and storage. No cultivation will take place on site, and there will not
be a retail element or Medical Cannabis Pharmacy as defined in Utah Code 26B-4-201. Further,
state-licensed Medical Cannabis Processing facilities are a permitted use in industrial zoning
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districts under Utah Code 4-41a-406(2)(a). Applicant believes that their intended use is
harmonious with the intent and directive of the Utah statute and thus should be allowed in the T
Transitional Overlay created in 2025.
The proposed operation will be conducted entirely within an enclosed industrial building that is
already equipped with substantial pre-existing HVAC and ventilation infrastructure, including a
large central air handling unit and extensive high-volume duct distribution throughout the facility.
This existing mechanical system was designed to support prior manufacturing use and provides
robust indoor air circulation, ventilation, and environmental control across the production area.
As a result, the building is well suited to support odor control, air filtration, and the indoor
containment of operations, further reducing the potential for off-site impacts related to air
emissions, odors, or general environmental performance. See Exhibit G.
e. Determination applicant believes to be correct
Applicant believes that the City should find a determination that the Applicant has met its burden
and sufficiently demonstrated that the proposed use (Cannabis Production Establishment) is a
nonconforming use which, (1) like the current nonconforming use (Chemical Manufacturer), is
not a permitted or conditional use in the Mixed Use land use table, and is a permitted or
conditional use listed in the Manufacturing land use table, (2) requires the same off-street
parking ratio as the existing nonconforming use, and, critically, (3) will result in significantly less
adverse impact upon the surrounding vicinity than the current use, as detailed in Section 2
below. Because the Applicant’s proposed use meets or exceeds the criteria required for the City
to find a determination of nonconforming use, and the nonconforming use has not terminated,
lapsed, or been abandoned, the City should find that Applicant should be permitted to operate
its use as a continued legal use of the facility.
Section 2. CHANGES TO NONCONFORMING USE (21A.38.040.H.1.b)
a. Description of proposed use and similarities to the existing
nonconforming use
For the last five years, WNDR and Checkerspot, a ski and snowboard manufacturer, have
operated at the property. They were licensed as a Chemical Manufacturer, which is not a
Permitted or Conditional use in the MU-11 zone.
WNDR’s business license does not expire until March 31, 2026, so there has been no lapse,
termination, or abandonment in the nonconforming use. The business license issued to the
previous tenant identified the permitted activity at the facility as “All Other Basic Organic
Chemical Manufacturing.” Exhibit A.
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WNDR and Checkerspot utilized material science processes that involved converting algae-
derived oils and other organic feedstocks into polyurethane-based materials used in ski
components such as the Algal Wall and Algal Core. This process required the mixing, reaction,
and controlled curing of organic chemical precursors, including polyols and polyurethane pre-
polymers, using specialized mixing vessels, heated presses, and ventilation systems as seen in
Exhibit C. These activities are characteristic of organic chemical processing, in which organic
compounds are chemically transformed or polymerized to create new materials, and were
conducted within an enclosed industrial environment using equipment and safety systems
typical of laboratory-scale chemical manufacturing.
The Applicant’s proposed operation is a cannabis extraction and product manufacturing facility
utilizing ethanol extraction, solventless ice-water extraction, and food-grade product
manufacturing processes. The facility will produce refined cannabis oil that is subsequently
formulated into finished products such as gummies, tinctures, capsules, and cartridges. The
core processes used in the operation—including ethanol extraction, solvent recovery, and
distillation—are fundamentally organic chemistry processes involving the separation and
purification of organic compounds.
Equipment such as closed-loop extraction systems, falling film evaporators, and molecular stills
or wiped film distillation units are widely used in organic chemistry, pharmaceutical
manufacturing, and laboratory processing to isolate and refine organic materials. See Exhibit F.
Accordingly, the proposed operation represents a continuation of organic chemical processing
activities within an enclosed industrial environment, similar in character to the previously
licensed use at the facility.
As a medical cannabis processor that focuses on natural extraction and distillation techniques,
the only chemical we will keep onsite is organic ethanol. We choose to use 200 proof, organic
ethanol as our extraction solvent due to the fact that it is nontoxic and food grade. When
operating, we never keep more than 220 gallons on site (or four, 55 gallon barrels). Meaning our
chemical footprint and impact is a small fraction of the previous tenant and current
nonconforming use. The chemical volumes associated with the proposed operation would
represent approximately 2% of the quantities previously stored at the facility. See Exhibit F.
Ethanol extraction also uses less power than other methods, making it a win for the environment
as well. And unlike hydrocarbon and CO2 extraction methods, ethanol does not require high
pressure equipment and precautions. This means lower operating costs and often less
pushback from state and local regulators who are already familiar and comfortable with ethanol
as a solvent.
The only other extraction technique we utilized is a solventless extraction technique. Ice water
extraction—whose direct yield is often called ice water hash or bubble hash—is unique,
because it uses mechanical processes to remove the trichomes (essentially freezing then
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knocking them off the plant) as opposed to chemical extraction (where the trichomes are
dissolved and the cannabinoids released into a solvent). Cannabis biomass is first agitated in
ice water, where the loosened trichomes are collected, run through sieves, and dried. While
technically water is a solvent, this process is considered solventless due to the non-volatility of
the reverse osmosis water used throughout the process. The trichome-rich water is then run
through a series of filter bags, which sort the trichomes into different batches that can either be
processed separately for a customizable product, or together for a full-spectrum hash.
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b. Site Plan
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c. Hours of Operation
Previous Tenant Hours of Operation: 8am – 6pm
Proposed Tenant Hours of Operation: 9am – 5pm
The proposed cannabis operation would maintain hours of operation from 9:00 a.m. to 5:00
p.m., which are more limited than the previous tenant’s operating hours of approximately 8:00
a.m. to 6:00 p.m. As a result, daily activity at the facility would occur within a shorter operating
window, reducing the overall duration of vehicle traffic, deliveries, and employee commuting
associated with the site. Because the proposed use operates within typical daytime business
hours and for fewer total hours than the prior industrial use, it is not expected to introduce
increased traffic or operational impacts to the surrounding area.
d. Traffic Circulation
The current nonconforming use (Chemical Manufacturer) requires one space per 1,000 sq. ft.
and the proposed nonconforming use (Cannabis Production Establishment) is not listed in the
Off-Street Parking Table found in 21A.44.040, however, “Light Manufacturing” requires one
space per 1,000 sq. ft., and based on the 2019 Administrative Interpretation described in
Exhibit H, Cannabis Production Establishment is most similar to Light Manufacturing. Thus, the
current and proposed uses have the same parking requirements.
The proposed operation will employ approximately 10 staff, compared with the nearly 50
employees associated with the previous chemical manufacturing tenant at the height of their
operations. As a result, the facility is expected to generate substantially fewer employee vehicle
trips, reduced parking demand, and lower overall traffic circulation, further supporting the
conclusion that the proposed use will not introduce increased traffic impacts to the surrounding
area.
e. Environmental Performance
Previous Operation
For the last five years, WNDR and Checkerspot, a ski and snowboard manufacturer, have
operated at the property. They were licensed as a Chemical Manufacturer, which is not a
Permitted or Conditional use in the MU-11 zone.
They used processes that involve organic and polymer chemistry, composite fabrication,
lamination and finishing processes. These activities required specialized equipment including
heated ski presses, chemical mixing tanks, industrial ventilation systems, and sanding and
finishing stations.
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Ski manufacturing involves several mechanical and industrial processes that generate moderate
to significant levels of operational noise. These include but are not limited to hydraulic presses,
industrial mixers used to combine polymer feedstocks, CNC routers, sanding and grinding
equipment and dust collection and ventilation systems. These processes typically produce
continuous mechanical noise. See Exhibit C.
The previous tenant also ran multiple manufacturing applications that can generate several
types of unwanted air emissions associated with polymer production and finishing processes.
These include but are not limited to:
● Volatile Organic Compounds (VOCs) These are released during the curing of adhesives,
epoxies, and polyurethane materials used to bond ski components.
● Polymer Reaction Vapors The chemical reactions used to produce polyurethane
materials generate vapors that must be captured through industrial ventilation systems.
● Particulate Matter A substantial amount of dust is produced during the cutting, sanding,
and grinding of composite materials such as fiberglass, carbon fiber, wood cores, and
polymer components.
In addition, composite ski manufacturing processes produce noticeable odors associated with
these air emissions and chemical materials used during fabrication. The most significant of
these odors are caused by: polyurethane and epoxy resins, adhesives used during lamination,
and heated polymer curing processes.
These activities required industrial ventilation systems to control chemical vapors and
particulate emissions, as well as machinery capable of producing moderate mechanical noise
and composite waste.
The previous tenant made substantial capital investments in industrial-grade HVAC and
ventilation infrastructure throughout the facility, including a central air handling system and
extensive high-volume ductwork designed to support a more intensive manufacturing operation.
That existing mechanical system is uniquely well suited for Applicant’s proposed use, which will
operate entirely indoors and relies on controlled ventilation, air circulation, filtration, and odor
management. In fact, the installed system appears more robust than what Applicant’s operation
would independently require, further supporting that the building is already equipped to
accommodate the proposed use without creating increased or new adverse impacts. See
Exhibit G.
Proposed Operation
Applicant’s proposed operation is a cannabis extraction and product manufacturing facility
utilizing ethanol extraction, solventless ice-water extraction, and food-grade product
manufacturing processes.
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The proposed operation will occupy approximately 14,244 square feet, compared with 34,622
square feet used by the previous manufacturer, representing roughly 41% of the prior
operational footprint. See Exhibit E.
Operational noise levels associated with the proposed facility are expected to be lower to
moderate and typical of light industrial or manufacturing environments. Primary equipment
includes: closed-loop ethanol extraction, falling film evaporator (used for separating organic
solvents), wiped film distillation units, vacuum ovens, freeze dryers, mixers and dispensing
equipment. See Exhibit F.
These systems produce continuous mechanical noise comparable to refrigeration equipment,
diaphragm pumps, and small mixers. The operation does not involve any heavy machining,
cutting or grinding, or large mechanical presses. As a result, the overall noise profile is expected
to be significantly lower than the manufacturing operations of the previous tenant.
Moreover, the facility will utilize closed-loop equipment, meaning the solvent is contained within
the systems during processing. Ethanol vapors are captured and recovered using a falling film
evaporator, which allows the organic solvent to be recycled and reused rather than released into
the atmosphere; minimizing solvent loss and reducing overall emissions potential.
A wiped film distillation unit, commonly referred to as molecular distillation, is used to further
refine cannabis oil for cartridge production. This process occurs under vacuum, in a closed-loop
system again limiting airborne emissions.
For the applicant's infusions, the production of gummies, tinctures, and capsules involves food-
grade ingredients and standard food-processing equipment such as mixers, dispensers, and
dehydrators. The processes do not produce measurable chemical emissions.
In regards to water and wastewater usage, the proposed operation is relatively low compared to
most manufacturing operations. Water is primarily used for ice-water extraction, equipment
cleaning and sanitation, and general facility maintenance and employee sanitary use.
Wastewater from these processes is limited to cleaning and sanitation water, discharged
through standard sanitary sewer systems. The proposed cannabis processing operation is
expected to require substantially less water than the previous ski manufacturing use at the
facility. Based on the nature and scale of the respective operations, the previous manufacturer
likely used approximately 1,000 to 1,500 gallons of water per day, while the proposed operation
is expected to use approximately 250 to 500 gallons per day for sanitation, limited ice-water
extraction, product manufacturing, and employee use. Accordingly, the proposed use is not
expected to increase water demand or wastewater generation relative to the prior industrial use.
The primary potential odor source associated with the proposed use is cannabis plant material
and cannabis oil during processing. The operation maintains rapid inventory turnover and will
store no more than approximately 500 pounds of plant material on site at any given time,
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minimizing the potential for sustained odor generation. During edible infusion and production
activities, odors within the facility are generally associated with food-grade ingredients and
natural flavorings, similar to those encountered in confectionery or candy manufacturing
environments. These odors are further mitigated by the building’s industrial HVAC and
ventilation systems, which provide continuous air circulation and filtration to help ensure that
operational odors remain contained within the facility.
By comparison, the proposed cannabis extraction operation would involve substantially lower
environmental impacts than the prior ski manufacturing use at the facility. The proposed use
would generate lower mechanical noise, fewer particulate emissions, significantly smaller
chemical inventories, and reduced potential environmental impacts compared with the previous
industrial manufacturing operation.
f. Chemical Usage
Previous Operation
The chemicals WNDR used in the facility include: methylene diphenyl diisocyanate, toluene
diisocyanate, polyols and liquid polyurethane. The chemicals that WNDR likely had the largest
quantities of were algae-derived polyols (triglycerides) and liquid polyurethane pre-polymers.
The most toxic chemicals used in this process are Isocyanates, which are essential for creating
polyurethane. Isocyanates are powerful irritants to the eyes and gastrointestinal tract. Inhalation
of even small amounts can lead to severe respiratory issues, including asthma and lung
inflammation. While the final cured ski product is non-toxic, the liquid precursor materials used
during the casting of the Algal Wall and Algal Core require controlled handling, ventilation, and
safety protocols during the manufacturing process.
WNDR stored these chemicals on site, in large quantities, likely around 9,000 gallons stored in
250 gallon totes and utilized 2,000-gallon mixers during the production process. Exhibit C.
To support these requirements, WNDR made significant investments in the complex, including
the installation of extensive HVAC systems, climate control equipment, and dedicated exhaust
hood ventilation to ensure safe and compliant operations.
Proposed Operation
The primary chemical used in the extraction process is ethanol. Ethanol is a food-grade ethyl
alcohol commonly produced through the fermentation of agricultural crops such as corn and
widely used in beverage production, pharmaceutical manufacturing, laboratory applications,
cleaning agents, and industrial solvent processes. Ethanol works like soap to dissolve the oily
trichomes, producing a whole plant extract referred to as Full-Spectrum Oil, or FSO. Extraction
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occurs within closed-loop systems, meaning the solvent is contained within sealed equipment
during processing.
Following extraction, the ethanol is recovered using a falling film evaporator, allowing us to
recycle 98% of our ethanol for future processing. Any residual solvent is removed from the
cannabis oil in vacuum ovens. Depending on the downstream application, oils may be further
purified using wiped film distillation.
When operating, we never keep more than 220 gallons on site (or four, 55 gallon barrels).
Meaning our chemical footprint and impact is a small fraction of the previous tenant and current
nonconforming use. The chemical volumes associated with the proposed operation would
represent approximately 2% of the quantities previously stored at the facility. Exhibit F.
Once the ethanol has absorbed sufficient water from the cannabis plant material to reduce its
concentration to approximately 190 proof, it becomes less effective as an extraction solvent. At
that point, the organic ethanol solution is repurposed within the facility as a laboratory cleaning
and sanitizing solution. Alcohol solutions at this concentration are widely used in laboratory and
healthcare environments as effective disinfectants and surface cleaning agents. The material
remains contained within the facility and is handled in accordance with standard laboratory
safety and ventilation protocols.
Both the previous and proposed uses involve indoor processing of organic compounds using
specialized equipment typical of laboratory or light industrial chemical operations. However, the
proposed cannabis processing operation utilizes significantly smaller chemical inventories and
fewer chemical feedstocks, while relying on closed-loop solvent recovery systems and
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solventless extraction methods. As a result, the proposed operation represents a substantially
reduced chemical footprint compared with the prior manufacturing use conducted at the facility.
Section 3. SUPPORTING EVIDENCE
a. Chronology of all uses on subject property
The complex where the facility is located has continually been used for M-1 type uses over the
last 10 + years. They include but are not limited to:
● Prime Machine - industrial machining with heavy equipment like lathes, grinders and
welders
● Dan Green Restorations - restoration of classic cars
● Transco - Sales and servicing of mining conveyor belts. Welding, painting and grinding
● University of Utah - fuel and coal storage for the coal mill and pilot scale reactors next
door. These 111 ton wet wall coal fired reactors, which ran 5 million BTUs per hour on
the burners, produced temperatures of up to 3,000 degrees Fahrenheit.
● WNDR & Checkerspot (Chemical Manufacturer) - Primarily handle algae-derived
chemical precursors and liquid polyurethanes to manufacture ski and snowboard
components. The facility focuses on converting bio-based oils into high-performance
materials through a process of mixing, weighing, and liquid casting.
● Intrepid Academy - In 2019, Intrepid Alchemy, a hemp and cannabis processor
requested an Administrative Interpretation for their use at the facility which found that the
use could not be considered as a Commercial Food Preparation, Industrial Assembly,
Laboratory Testing, or Wholesale Distribution use which were allowed in CG zoning at
the time. Instead, the Zoning Administrator found that industrial hemp processing is most
similar to Light Manufacturing as defined in section 21A.62. See the “Intrepid
Administrative Decision” in Exhibit H.
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Exhibit A – Previous Nonconforming Tenant Business Licenses
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Exhibit B - Previous Nonconforming Tenant Square Footage: 34,622 sf
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Exhibit C - Previous Nonconforming Tenant Operation Photos
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Exhibit D - Proposed Nonconforming Tenant - Current State and City
Business Licenses (Current Heber City/Charleston Location)
25
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3
4
-11
2
6
-41
5
2
.
v
2
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Exhibit E - Proposed Tenant Square Footage: 14,244 sf
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Exhibit F - Proposed Tenant Operational Photos
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Exhibit G - General Facility Photos
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Exhibit H - Intrepid Administrative Interpretation
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PLNZAD2026-00239 12
2. LIC2019-00315: 864 S 500 W Checkerspot, Inc. Business License
Application Form
PLNZAD2026-00239 13
3. LIC2022-00735: 860 S 500 W Checkerspot, Inc. DBA WNDR Alpine
License Information
PLNZAD2026-00239 14
4. PLNZAD2020-00968: Checkerspot Administrative Interpretation
January 4, 2021
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2020-00968
REQUEST:
A request for an administrative interpretation regarding a proposed business located at 510
West 900 South. The proposed business, Checkerspot, is a biotechnology company that
primarily utilizes derived natural polymers for the application on outdoor recreation equipment.
This company will also integrate retail goods, as well as an office component to sell and promote
the outdoor equipment. The request involves confirmation on whether the uses associated with
the proposed business would be permitted in the CG (General Commercial) zoning district. The
subject parcel and the surrounding parcels are located in the CG (General Commercial) zoning
district.
DECISION:
The Zoning Administrator finds that the proposed uses associated with Checkerspot are all
permitted uses within the CG (General Commercial) zoning district.
FINDINGS:
As provided by the applicant, the proposed use includes the following:
• Laboratory Testing: Checkerspot uses microbes to produce novel oils to create
new, application specific, high performance materials. Additionally, material
science is utilized in the formulation development and a pplication testing of our
bio-based polymers.
• Retail Goods: Checkerspot will create a storefront selling branded merchandise,
offering demo skis for visiting skiers to try out and basic retailing of skis and
related outdoor accessories.
• Industrial Assembly: Checkerspot utilizes developed bio-based polymers into
application specific uses for consumer products built onsite. The equipment
employed for the assembly uses, include: material testing instruments including
Instron, Dynamic Mechanical Analyzer and Rheometer, coupled with fabrication
equipment such as CNC router, sander, grinder, print press, welder, sewing
machine, laminator and a variety of common shop tools.
• Office: Checkerspot will also utilize a portion of the space for office use.
The Salt Lake City Zoning Ordinance, Chapter 21A.62, defines the following uses:
INDUSTRIAL ASSEMBLY: An industrial use engaged in the fabrication of finished products
from component parts produced off site. Assembly use shall not entail metal stamping, food
processing, chemical processing or painting oth er than painting that is accessory to the
assembly use.
LABORATORY, TESTING: A use engaged in determining the physical qualities of construction,
medical or manufactured materials. This use does not include research laboratories engaged in
scientific experimentation.
OFFICE: A type of business use, which may or may not offer services to the public, that is
engaged in the processing, manipulation or application of business information or professional
expertise. An office use is not materially involved in fabricating, assembling or warehousing of
physical products for the retail or wholesale market, nor is an office engaged in the repair of
products or retail services. Examples of profession offices include accounting, investment
services, architecture, engineering, legal services and retail estate services. Unless otherwise
specified, office use shall include doctors’ and dentists’ offices. Office use shall not include any
use or other type of establishment which is otherwise specifically listed in the tab le or permitted
and conditional uses for the applicable zoning districts.
RETAIL GOODS ESTABLISHMENT: A building, property or activity, the principal use or
purpose of which is the sale of physical goods, products or merchandise directly to the
consumer. Retail goods establishment shall not include any use or other type of establishment
which is otherwise listed specifically in the table of permitted and conditional uses found in
Chapter 21A.33 of this title.
The Salt Lake City Zoning Ordinance lists all of the proposed uses as permitted within the CG
(General Commercial) zoning district.
Standards for Use Interpretation
Use interpretations are subject to the standards found in section 21A.12.050 of the Salt Lake
City Zoning Ordinance. The analysis of each standard is as follows:
A. Any use defined in Chapter 21A.62 of this title shall be interpreted as
defined;
Finding: The proposed use is most similar to a combination of “laboratory, testing”,
“industrial assembly”, “office”, and “retail goods establishment” uses as defined in
chapter 21A.62 of the Salt Lake City Zoning Ordinance.
B. Any use specifically listed without a “P” or “C” designated in the table of
permitted and conditional uses for a district shall not be allowed in that
zoning district;
Finding: The listed uses that best match the proposed use are all permitted uses in the
CG (General Commercial) zoning district.
C. No use interpretation shall allow a proposed use in a district unless
evidence is presented demonstrating that the proposed will comply with the
development standards established for that particular district;
Finding: The applicant proposes to comply with all development standards applicable
to the CG (General Commercial) zoning district.
D. No use interpretation shall allow any use in a particular district unless such
use is substantially similar to the uses allowed in that district and is more
similar to such uses than to uses allowed in a less restrictive district;
Finding: While the proposed uses may have some similarities to uses allowed in less
restrictive districts, they are substantially similar to listed and permitted uses in the CG
zoning district. Therefore, they are permitted.
E. If the proposed use is most similar to a conditional use authorized in the
district which it is proposed to be located, any use interpretation allowing
such use shall require that it may be approved only as a conditional use
pursuant to Chapter 21A.54 of this title; and
Finding: None of the uses as interpreted would require conditional use approval.
F. No use interpretation shall permit the establishment of any use that would
be inconsistent with the statement of purpose of that zoning district.
Finding:
The purpose statement for the CG (General Commercial) is as follows:
The purpose of the CG General Commercial District is to provide an
environment for a variety of commercial sues, some of which involve the
outdoor display/storage of merchandise or materials. This district provides
economic development opportunities through a mix of land uses, including
retail sales and services, entertainment, office, residential, heavy commercial
and low intensities of manufacturing and warehouse uses. This district is
appropriate in locations where supported by applicable master plans and along
major arterials. Safe, convenient and inviting connections that provide access
to businesses form public sidewalks, bike paths and streets are necessary.
Access should follow a hierarchy that places the pedestrian first, bicycle second
and automobile third. The standards are intended to create a safe and
aesthetically pleasing commercial environment for all users.
The proposed uses, as described by the applicant, are consistent with the purpose
statement above since the proposed uses will provide “economic development
opportunities through a mix of land uses, including retail sales and services,
entertainment, office, residential, heavy commercial and low intensities of
manufacturing..”
If you have any questions regarding this interpretation please contact Kelsey Lindquist at (385)
226-7227 or by email at kelsey.lindqusit@slcgov.com.
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
http://www.slcgov.com/planning/planning-applications along with information about the
applicable fee. Appeals may be filed in person or by mail at:
In Person:
Salt Lake City Corp
Planning Counter
451 S State Street, Room 215
Salt Lake City, UT
US Mail:
Salt Lake City Corp
Planning Counter
PO Box 145471
Salt Lake City, UT 84114-5417
NOTICE:
Please be advised that a determination finding a particular use to be a permitted use or a
conditional use shall not authorize the establishment of such use nor the development,
construction, reconstruction, alteration, or moving of any building or structure. It shall merely
authorize the preparation, filing, and processing of applications for any approvals and perm its
that may be required by the codes and ordinances of the City including, but not limited to, a
zoning certificate, a building permit, and a certificate of occupancy, subdivision approval, and a
site plan approval.
Dated this 4th day of January, 2021 in Salt Lake City, Utah.
Kelsey Lindquist
Senior Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Greg Mikolash, Development Review Supervisor
Posted to Web
Applicable Recognized Organizations
PLNZAD2026-00239 15
5. PLNZAD2020-00968: Checkerspot Applicant Narrative
Checkerspot, Inc.
922 south 500 west, Unit C
Salt Lake City, UT 84101
checkerspot.com
December 1st, 2020
Re: Zoning approval for 860 & 864 South 500 West, Salt Lake City
To Whom It May Concern:
My name is Matt Sterbenz General Manager of WNDR Alpine, based here in Salt Lake. I am a former professional skier who turned
entrepreneur in 2002, starting my first ski brand, 4FRNT, based in Truckee California. I relocated 4FRNT to Salt Lake City in 2005
and by 2014, we received an Excellence in Design award from South Salt Lake, while David Wise rode our skis to Olympic Gold in
Men’s Ski Halfpipe at Sochi. In 2017 I was honored as one of Utah’s Top 40 under 40 and coincidentally, also the year I sold 4FRNT
to a competitor.
In 2018, I joined Checkerspot, Inc., a certified B-corp. biotechnology start up based out of Berkeley California, where we use
microbes to produce novel oils to create new, application specific, high performance materials. In that same year, I entered into a 3-
year lease agreement to occupy nearly 6700 sq. ft of office space in the Granary District to support our Berkeley HQ with a satellite
design team rooted in SLC’s outdoor recreation community, a place we call the Checkerspot Design Lab. In 2019, as a means to
animate our technology, and connect directly with our end-use consumer, we launched a new outdoor brand, WNDR Alpine, to
showcase how alpine skiing, and more broadly, the Outdoor Industry, can benefit by using novel, sustainable materials derived
from nature.
Our present location is in a nondescript location in the Granary’s CG zone that has zero consumer visibility. By exploring this new
location, we will be placing an emphasis on retail goods and services, adapting and re-purposing an existing building in a way that
reflects our corporate commitment to sustainability, while supporting the growth of our brand. The street front access enabled by
the 860s address, will afford us the opportunity to showcase our innovations to the Greater Salt Lake Community in a way that is
simply not feasible at our existing location a few hundred feet south, also in the CG zone.
Our proposed retail address at 860 South will be comprised of an administrative office space and shared storefront selling branded
merchandise, offering demo skis for visiting skiers to try out and basic retailing of skis and related outdoor accessories. The extent
of our services at this address would be mounting of bindings, tuning and repairing damaged skis. We would maintain normal retail
store hours, with occasional evening events to gather members of our community for intimate educational and entertainment
engagements, showcasing our brand and its products.
In addition to our intended use of office and retail space at 860 South, we are also seeking to occupy a warehouse due West, at 864
South, that will house the myriad disciplines at our current Design Lab location. These include material science where we engage
in formulation development and application testing of our bio based polymers, industrial assembly where we incorporate these
novel materials into application specific uses for consumer products that we build, warehouse and distribute online. The
equipment we employ for these activities ranges from material testing instruments including Instron, Dynamic Mechanical
Analyzer (DMA) and Rheometer, to name a few, coupled with fabrication equipment such as CNC router, sander, grinder, print-
press, welder, sewing machine, laminator and a variety of common shop tools. We are excited to showcase what we do, and feel
that animating this technology through finished goods can serve as a powerful magnet, attracting both members of the local
outdoor community and tourists, eager to tour a facility where biotechnology products are created. Furthermore, we can enrich
our global marketing message, promoting products made in Salt Lake City and tested in our local Wasatch National Forest. We feel
this message further validates the leadership role Utah plays in the global ski industry and showcase the City and State’s desire to
attract innovative companies, their technologies and associated workforce.
A building suitable for our mixed-use intention must be built to suit and with that, comes a significant investment in capital. As
such, we are seeking approval before committing to the build out. If granted the privilege to operate in this space, I can assure you
that the Checkerspot Design Lab will respectively increase awareness for outdoor recreation in the Granary District, the City and
the State while further elevating the commercial awareness of our neighbors.
Thank you,
Matt Sterbenz
Attached: Building program for 860 & 864 South 500 West and Facility/Parking location overview
v
PLNZAD2026-00239 16
6. BLD2021-02470: 860 S 500 W Permit Description
Inspection Type Inspection Date Inspector Status Comments
160 - Drywall 11/15/2021 Jack Sundell Approved Ceilings & Walls: 5/8”type X Drywa...
151 - Insulation 11/01/2021 Roger Rakowski Approved Approved full cavity bat R 19 Fibe...
150 - Weather Barrier 11/01/2021 Roger Rakowski Approved Approved Tyvek and seems we will b...
130 - Framing 10/21/2021 Roger Rakowski Approved Approved all metal and Wood frami...
Job Value:$282,670.00
Total Fee Assessed:$4,777.93
Total Fee Invoiced:$4,777.93
Balance:$0.00
State Permit #:211013006
Workflow Status:Task Assigned To Status Status Date Action By
Application Submittal Accepted - L...04/26/2021 Carol Vaea
Structure 04/26/2021
Engineering 04/26/2021
Planning 04/26/2021
Forestry 04/26/2021
Building Codes Byron Copeland Pass 06/15/2021 Byron Copeland
Zoning Scott Browning Pass 05/14/2021 Scott Browning
Fire Douglas Bateman Pass 05/05/2021 Douglas Bateman
P.U.Ali Farshid Pass 06/11/2021 Ali Farshid
Transportation Michael Barry Pass 04/26/2021 Michael Barry
Permit Issuance Completed 10/13/2021 Carol Vaea
Inspection Pass 01/31/2022 Roger Rakowski
P.U. Inspection 10/13/2021
Engineering Inspection 10/13/2021
Transportation Inspection 10/13/2021
Certificate Issuance Cert Occ No ...02/01/2022 Daniel Walker
Closed
PLNZAD2026-00239 17
7. BLD2022-05379: 852 S 500 W Permit Description from City
Database
BLD2022-05379 - Checkerspot Materials Lab
Permit Detail:Detail
Permit Type:Commercial Building Permit
Address:852 S 500 W, Salt Lake City, UT 84101-0000
Owner Name:SALT LAKE CITY METRO LLC
Owner Address: POSILOVICH, DANIEL, ANAHEIM, CA 92806
Permit Name:Checkerspot Materials Lab
Description of Work:Tenant improvement at existing vacant metal building located at 852 S 500 W. The project is approximately 13,550 square feet and includes shipping and receiving, wareh
storage, mixing and lab areas, conference room and 2 new restrooms.
Permit Comments:View ID Comment Date
Permit Status:Closed
Permit Open Date:06/29/2022
Permit Detail:BLDPRMT
Type of Work
Remodel
State Permit Number
230125022
Change of Use Applicable Building Code
2018 ICC
Construction Type Classification
II-B
Construction Type Class. (Mixed)
Historic Applicable Electrical Code
2020 NEC
Occupancy Group Classification
Mixed
Occupancy Group Class. (Mixed)
B.F,S Project Dox
YesTotal Square Footage of Building
26580
Square footage of work area
13189
Suite Number
Bond
Building Height
26'
Number of stories
1
Occupant Load
73
Number of residential units
Finished basement square footage
Unfinished basement sq footage
Garage/Carport - Attach(Y) Detach(N)Garage/carport - SQFT
Location of Addition
Certificate of Occupancy for New Structure
No
Are sprinklers Required ?
Yes
Fire Alarm AM&M
Certificate of Occupancy for Remodel
Yes
Fire sprinkled ?
Yes Deferred Submittal
Permit Details/Comments
Tenant improvement in existing metal building.
Special Requirements
All deferred submittal items need to be submitted within a timely manner. Any installation of items not approved
by the building official will be at own risk. The final inspection approval cannot be issued and no space can be
used or occupied until all the deferred submitted items are approved by the building and fire officials.
Expedited Reviews
Salt Lake City Expedited Review
No
Outsourced Outsourced Review Company
Date Plans Outsourced
LEED
BLDPRMT
Condition Status:Name Short Comments Status Apply Date Severity Action By
Contact Info:Name Organization Name Contact Type Relationship Address Status
Dylan Lloyd ProTecs, LLC Applicant Active
Licensed Professionals Info:Primary License Number License Type Name Business Name Business License #
30153758 PROFESSIONAL Chris Bachorowski FFKR Architects
Yes 9397863-5501 PROFESSIONAL ProTecs, LLC
Scheduled/Pending Inspections:Inspection Type Scheduled Date Inspector Status Comments
Resulted Inspections:Inspection Type Inspection Date Inspector Status Comments
199 - Building Final 09/05/2023 Roger Rakowski Complete Completed and approved to issue ce...
Menu Reports Help
Inspection Type Inspection Date Inspector Status Comments
199 - Building Final 09/01/2023 Austin Cleverly Correction Requ...Deferred submittals need to be sat...
133 - Suspended Ceilings 08/14/2023 Jeffery Parry Approved Suspended ceilings. Front door in ...
130 - Framing 06/29/2023 Austin Cleverly Partial-See Com...The remainder of the framing for r...
197 - Consultation (Bld)03/29/2023 Austin Cleverly Partial-See Com...This consultation was for main egr...
130 - Framing 03/24/2023 Richard Luna Partial-See Com...Farming approved for east wall fur...
133 - Suspended Ceilings 03/17/2023 Travis Christensen Partial-See Com...Inspection for hard lid ceilings i...
160 - Drywall 03/01/2023 Travis Christensen Partial-See Com...Drywall approved for west wall fur...
130 - Framing 03/01/2023 Travis Christensen Partial-See Com...Framing approved for rooms 200 eas...
130 - Framing 02/22/2023 Travis Christensen Partial-See Com...Shipping 190 framing approved.
162 - Pre Rock 01/30/2023 Roger Rakowski Partial-See Com...Approved the top 12 feet of the c...
130 - Framing 01/30/2023 Roger Rakowski Partial-See Com...Chemical storage, dry, mixing, and...
Job Value:$2,200,000.00
Total Fee Assessed:$23,885.24
Total Fee Invoiced:$23,885.24
Balance:$0.00
State Permit #:230125022
Workflow Status:Task Assigned To Status Status Date Action By
Application Submittal Accepted - S...07/07/2022 Carol Vaea
Structure
Engineering
Transportation
Planning
Forestry
Building Codes Steven Collett Pass 04/03/2023 Steven Collett
Zoning Henry O'connor Pass 04/04/2023 Henry O'connor
Fire Steven Collett Pass 08/24/2022 Steven Collett
P.U.Kristeen Beitel Pass 07/27/2023 Kristeen Beitel
Permit Issuance Completed 01/25/2023 Carol Vaea
Inspection Pass 09/05/2023 Roger Rakowski
P.U. Inspection 01/25/2023
Engineering Inspection 01/25/2023
Transportation Inspection Michael Barry 01/25/2023
Certificate Issuance Cert Occ No ...09/12/2023 Heather Gilcrease
Closed