PLNZAD2022-00490 - 2249 S WindsorAugust 11, 2022
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2022-00490
REQUEST:
This is a request for an administrative interpretation regarding ambiguous language concerning
the side and rear setbacks of the Accessory Dwelling Unit ordinance found in 21A.40.200.E.3.
The applicant is proposing to construct a second story addition to an existing accessory building
on his property located at approximately 2249 S Windsor Street (16-20-176-003-0000). The
addition will include exterior stairs and deck to access the ADU. The language determining the
setbacks for each of these elements, e.g. a second story addition, exterior stairs, and a deck, are
found in 21A.40.200.E.3.c(2)(C), 21A.400.200.E.3.f(3), and 21A.40.200.E.3.h(2) respectively.
All three sections of code describe the setbacks using the following language:
a minimum of ten feet (10’) from a side or rear property line
The interpretation is sought to determine whether this language means the setback must be
applied to both the side and rear property lines, or if the minimum setback requirement only
needs to be applied to one or the other to meet theses specific setback standards.
DECISION:
The Zoning Administrator finds that the use of “or” in these specific sections of the Accessory
Dwelling Unit ordinance; 21A.40.200.E.3.c(2)(C), 21A.400.200.E.3.f(3), and
21A.40.200.E.3.h(2); indicates the setbacks can be measured from either the side or rear
property lines to satisfy the required setbacks for the described features.
FINDINGS:
Pursuant to the Accessory Dwelling Unit Ordinance, Section 21A.40.200.E.3.c(2)(C) of the Salt
Lake City Code, second story additions to existing accessory buildings are permitted provided:
The second story addition has a minimum setback of ten feet (10') from a side
or rear property line and the second story addition complies with all applicable
regulations for accessory dwelling units located on a second floor of a detached
accessory building. If the side or rear lot line is adjacent to an alley, the setback may be
reduced to four feet (4').
The intention of this standard was that the setbacks for a second story addition be ten feet from
the side property lines and ten feet from the rear property line, unless the property line in
question is adjacent to an alley - at which point the setback from that property line can be
reduced to four feet. However, the code states that the minimum setback is to be measured from
“side or rear property line” rather than “side and rear property line.” In legal terms, “or” means
either while “and” means both. Therefore, a plain reading of the code indicates a setback of ten
feet from either a side or rear property line, four feet if the property line is adjacent to an alley,
satisfies this standard within the code.
Pursuant to the Accessory Dwelling Unit Ordinance, Section 21A.40.200.E.3.f(3) of the Salt
Lake City Code, exterior stairs leading to an ADU entrance are permitted provided:
Exterior stairs… shall be located a minimum of ten feet (10') from a side or rear
property line unless the applicable side or rear property line is adjacent to an alley in
which case the minimum setback for the accessory building applies to the stairs.
Like the discussion above, the intention of this standard was that the setbacks for exterior stairs
be measured ten feet from the side property lines and ten feet from the rear property line, unless
the property line in question is adjacent to an alley - at which point the setback from that
property line may be reduced to the accessory building minimum setback. However, the code
states “side or rear property line” rather than “side and rear property line” and therefore, the
exterior stairs only needs to satisfy the setback from either the side or rear property line, rather
than both, to comply with this section of code.
Pursuant to the Accessory Dwelling Unit Ordinance, Section 21A.40.200.E.3.h(2) of the Salt
Lake City Code, decks and balconies for an ADU are permitted provided they are:
located a minimum of ten feet (10') from a side or rear yard lot line unless the
applicable side or rear yard lot line is adjacent to an alley;
Once again, the intention of this standard was that the setbacks for decks and balconies be
measured ten feet from the side property lines and ten feet from the rear property line, unless
the property line in question is adjacent to an alley. However, because the code states “side or
rear property line” rather than “side and rear property line” the deck only needs to satisfy the
setback from either the side or rear property line, , rather than both, to comply with this section
of code.
The property in question is located in the R-1/5000 zoning district. According to Table
21A.33.020, the table of permitted and conditional uses for residential districts, Accessory
Dwelling Units are a Conditional Use. Per the standards for Conditional Uses found in
21A.54.080.C.1, the Planning Commission may impose any conditions necessary to mitigate
anticipated detrimental effects including additional setbacks. While a plain reading of the code
indicates that the setbacks discussed above can be measured from either the side or rear
property lines to satisfy the minimum requirements , it is possible, and entirely within their
purview, for the Planning Commission to impose setbacks beyond the minimum as a condition
of approval.
If you have any questions regarding this interpretation, please contact Katilynn Harris at (801)
535-6179 or by email at katilynn.harris@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
https://www.slc.gov/planning/applications/ along with information about how to apply and
processing fees.
Katilynn Harris
Principal Planner
CC: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
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