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PLNZAD2022-00224 - 720 N West CapitolApril 7, 2022 ADMINISTRATIVE INTERPRETATION DECISION AND FINDINGS PLNZAD2022-00224 REQUEST: This is a request for an administrative interpretation to determine if the property located at approximately 720 North West Capitol Street (Tax ID# 08-25-479-004-0000) is a recognized by Salt Lake City as a legal lot and if a dwelling can be constructed on the subject property. DECISION: The Zoning Administrator finds that the property located at approximately 720 North West Capitol Street with the TAX ID# 08-25-479-004-0000, is a legal noncomplying lot and may be developed in accordance with the provisions of the SR-1A (Special Development Pattern Residential) zoning district, the (H) Historic Preservation Overlay district, and any other applicable reviews and permits required from other city divisions. FINDINGS: The subject property approximately located at 720 North West Capitol Street, and located within the City View Addition Subdivision, is approximately .36 acres or 15,681 square feet. The site is located within the SR-1A (Special Development Pattern Residential) zoning district. The maximum lot size in the SR-1A district is 1.5 times the minimum lot size, or 14,400 square feet for multi-family lots created through a subdivision. The lot is noncomplying because it exceeds the maximum lot size for the SR-1A zoning district Section 21A.38.060 states the following regarding noncomplying lots: 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. The subject site is located within the City View Addition Subdivision, which was created in 1888., The first time the lot was described in its current configuration was in 1977 through Quit Claim Deed (Bk. 4460, Pg. 1090). The associated deed is attached to this interpretation. In the 1977 deed, the property is described as follows: CITY VIEW ADD 1102 COM AT SW COR LOT 1 BLK 2 CITY VIEW ADD N 35 ഖ E 63.15 FT S 49ഖ29' E 180 FT S 44ഖ15' E 43.08 FT S 89ഖ59'13" W 122.71 FT N 39ഖ55'24" W 125.3 FT TO BEG, TOGETHER WITH 1/2 VACATED STREET* When the lot was created in 1977, the property was within the R-6 (Multi-Family Dwelling) zoning district. The R-6 district did not include a maximum lot size; therefore, the lot met the minimum zoning requirements at the time it was created. At the time the lot was created in 1977, a subdivision plat was required if a tract of land was being subdivided into 5 or more parts, per Sec. 6802 of Chapter LXVI, Platting and Subdividing Ordinance of 1950. This language from the 1950’s ordinance was in place in 1977 when the property was subdivided. Consequently, the Quit Claim Deed (Bk. 4460, Pg. 1090) that was recorded in 1977, and which created two new lots, is recognized by Salt Lake City and complies with Section 21A.38.060. The subject property, located at approximately 720 North West Capitol Street, is a legal noncomplying lot, having been created through the City View Addition and recorded to its present form in 1977 having met the minimum zoning and subdivision requirements at that time. As the subject property is a legal noncomplying lot, the lot may be developed in accordance with the SR-1A zoning district, the Historic Preservation Overlay, and Section 21A.24.080 of the Salt Lake City Zoning Code and meeting all applicable requirements and obtaining all necessary approvals from other city divisions. 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 at the Planning Counter, 451 South State Street, Room 215 or by mail at Planning Counter PO BOX 145471, Salt Lake City, UT 84114-5471. 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 permits 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. Nannette Larsen Senior Planner CC: Nick Norris, Planning Director Mayara Lima, Zoning Administrator Heather Gilcrease, Development Review Supervisor Applicable Recognized Organizations Posted to Web File Attachments: Vicinity map of subject property City View Addition Subdivision 1977 Quit Claim Deed Vicinity Map of Subject Property (720 North West Capitol Street, Parcel 08-25-479-004- 0000)