PLNZAD2021-01080 - 1485 N MiamiNovember 30, 2021
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2021-01080
REQUEST:
A request for an administrative interpretation regarding the established rear and interior side
yards at the subject property located at 1485 N Miami Road. The property is located within the
R-1/7000 (Single-Family Residential) zoning district. The subject property is a corner property
and is adjacent to both Miami Rd and Independence Blvd. The applicant contends that the west
yard is the rear yard and the northern yard is the interior side.
In addition to the setback determination, if the determination is made that the west yard is a
side yard, the applicant is seeking an interpretation on if detaching the carport from the
building would make that side of the building the rear yard.
DECISION:
The Zoning Administrator finds that the Rear Yard is the portion of the property between the
north façade of the structure and the northern property line. This is determined as it is the yard
area that most closely meets the setbacks for the rear yard standards in the R-1-7,000 (Single-
Family Residential) zoning district. The portion of the subject property west of the structure is
considered to be the Interior Side Yard. Please refer to Exhibit A for a visual illustration of the
subject yards.
Regarding the requested determination on if the yard area designations can be changed if the
carport is detached, the Zoning Administrator finds that yes, if the carport is removed or is
substantially separated from the structure, the interior side yard would then meet the rear yard
setback standard and could then be considered as the rear yard.
FINDINGS:
Pursuant to the Definitions section of the Salt Lake City zoning code (21A.62), the following
definitions are pertinent to determining the yards for the subject property.
LOT LINE, CORNER SIDE: “Corner side lot line” means any lot line between the front
and rear lot lines which abuts a public street.
LOT LINE, FRONT: “Front lot line” means that boundary of a lot which is along an
existing or dedicated public street, or where no public street exists, is along a public
way. On corner lots, the property owner shall declare the front lot line and corner side
yard line on a building permit application. In the case of landlocked land, the front lot
line shall be the lot line that faces the access to the lot.
LOT LINE, INTERIOR SIDE: “Interior side lot line” means any lot line between the
front and rear lot lines which does not abut a public street.
LOT LINE, REAR: "Rear lot line" means that boundary of a lot which is most distant
from, and is, or is most nearly, parallel to, the front lot line.
YARD, CORNER SIDE: A yard on a corner lot extending between front yard setback
line and the rear lot line and between the corner side lot line and the required corner
side yard setback line.
YARD, FRONT: A yard extending between side lot lines and between the front lot line
and the required front yard setback line.
YARD, INTERIOR SIDE: A yard extending between the front and rear yard setback
lines and between the interior side lot line and the required interior side yard setback
line.
YARD, REAR: A yard extending between the two (2) interior side lot lines from the rear
lot line to the required rear yard setback line. In the case of corner lots, the rear yard
shall extend from the interior side lot line to the front yard or corner side yard setback
line.
On interior lots, the Zoning Ordinance specifically states that rear yards are located opposite of
front yards; however, the definition of Yard, Rear is as follows (emphasis added):
YARD, REAR: A yard extending between the two (2) interior side lot lines from the rear lot line
to the required rear yard setback line. In the case of corner lots, the rear yard shall extend
from the interior side lot line to the front yard or corner side yard setback line.
This means that the rear yard does not need to be parallel to the front yard. As no yard areas
were determined on prior building permit applications, the northern yard area most closely
matches the rear yard setback of the R-1/7,000 (Single Family Residential) zoning district.
Additionally, given the listed definitions, in particular, Yard, Rear, the subject property area
that abuts the northern property line is considered the Rear Yard. The western portion of the
subject property would then be considered the Interior Side Yard.
If the carport on the west side of the primary structure was either fully removed or substantially
separated from the 4-plex, the yard area would then meet the rear yard setback requirements
and could be determined to be the rear yard. If the carport is separated from the 4-plex and is
not completely removed, it would need to meet all accessory building zoning standards in City
Code section 21A.40.050 and would not be allowed to become a non-complying accessory
structure.
If you have any questions regarding this interpretation, please contact Krissy Gilmore at (801)
535-7780 or by email at kristina.gilmore@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 and submission process. Appeals may be filed by submitting an application
through the City’s online application portal here: https://citizenportal.slcgov.com.
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.
Krissy Gilmore, Senior Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Casey Stewart, Development Review Supervisor
Posted to Web
Applicable Recognized Organizations
EXHIBIT A
A: Rear Yard
B: Interior Side Yard
Property Line
*if the carport is removed and the Rear Yard area determination changes, the above graphic
would not be applicable as the size of the yard areas would change.
A
B