PLNZAD2021-00189 - 1031 W 400 S
March 16, 2021
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2021-00189
REQUEST:
This is a request for an administrative interpretation to determine if a new single-family dwelling
can be constructed on the property located at approximately 1031 W 400 S (Tax ID#15-02-336-
003-0000). The parcel is currently vacant.
DECISION:
The Zoning Administrator finds that the subject property located at approximately 1031 W 400 S
(Tax ID#15-02-336-003-0000) is recognized by Salt Lake City as a legal complying lot. Therefore,
a single family detached dwelling could be built on the subject property subject to meeting the
zoning requirements of the applicable R-1/5000 (Single Family Residential) zoning district, the
off-street parking requirements in 21A.44 of the zoning ordinance, and any other applicable
approvals and permits required from other city divisions.
FINDINGS:
The subject property has a lot area of approximately 0.09 AC or 3,920 SF, a lot width of 35 FT,
and is located in the R-1/5000 (Single Family Residential District) zoning district. The R-1/5000
zoning district requires a lot area of 5,000 SF and a lot width of 50 FT for a detached single-family
dwelling.
Section 21A.38.060 of the Salt Lake City Zoning Ordinance states the following regarding
noncomplying lots:
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.
The subject lot was created prior to January 13, 1950. The subject parcel is described as an
individual lot in 1929. The subject parcel is described in a Warranty Deed (#739416 in Book 129
Page 320) from Mary E. Woldberg to Augustas O. Woldberg. The associated deed is attached to
this interpretation. In the 1929 deed, the property is described as follows:
Commencing at a point thirty-five (35) feet west of the North-east corner of Lot
twenty-nine (29) Block eight (8), City Park Subdivision of Blocks Twenty (20),
Twenty-one (21), Twenty-eight (28) and Twenty-nine (29), Plat “C” Salt Lake City
Survey, running thence south 106 feet, thence west 35 feet, thence north 106 feet,
thence east 35 feet, to the place of the beginning.
In 1929 the property was zoned Residential B-2 which required a lot area of 3,000 SF for a single-
family dwelling. There was not a lot width requirement in 1929. As such, the subject lot met the
minimum zoning requirements at the time the lot was created, which was before 1950.
Since the lot was legally created prior to 1950 and complied with zoning requirements at the time
the lot is considered a legal noncomplying lot. As a legal noncomplying lot, a single-family
dwelling may be constructed on the lot subject to the requirements of the R-1/5000 zoning
district.
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.
Amy Thompson
Senior Planner
CC:
Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Heather Gilcrease, Development Review Supervisor
Applicable Recognized Organizations
Posted to Web
File
Attachments:
Vicinity map of subject property
Warranty Deed - 1929
Vicinity Map of Subject Property (1031 W 400 South, Parcel 15-02-336-003-0000)
Subject Property – 1031 W 400 South