PLNZAD2021-01137 - 462 E DebsDecember 9, 2021
CASE# PLNZAD2021-01137
Administrative Interpretation
DECISION AND FINDINGS
REQUEST:
This is a request for an administrative interpretation regarding the property at approximately 462
E Debs Place (Tax ID:16-o7-254-005-0000) The purpose of the request is to determine what type
of dwelling unit can be built, confirmation on the location of the front property line, and the
determination of how to apply the required SR-3 front yard setback to the property.
DECISION:
The Zoning Administrator finds that the subject property located at approximately 462 E Debs
Place could accommodate a single-family detached dwelling subject to meeting the zoning
requirements of the applicable SR-3 (Special Development Pattern Residential District) zone, the
off-street parking requirements in 21A.44 of the zoning ordinance, and any other applicable
approvals and permits required from other city divisions.
The Zoning Administrator, in agreement with Salt Lake City Engineering, finds that Debs Place is
a private dead-end street. Based on the language found within Section 21A.24.1oo.D and a recent
administrative interpretation (PLNZAD2021-00746), the Zoning Administrator finds that the
front yard setback requirement for new construction of a single-family dwelling on the subject
property is 10 feet from the southern edge of the right-of-way. The administrative interpretation
determined that because dead-end streets do not intersect with two streets, thus creating a "block
face" as defined in code, using the average front yard setback of existing buildings to determine
the setback for new construction does not apply. Additionally, the described right-of-way on the
subject property's deed is an access easement and does not establish the location of the front lot
line to be used to determine the front yard setback. Per Table 21A.55.o6o, the property is not
eligible to go through the Planned Development process because it has less than 4,000 square feet
of lot area, which is the minimum threshold to pursue a planned development approval in the SR-
3 zone.
FINDINGS:
The subject property has a lot area of approximately 3,049 square feet, a lot width of 42.5 feet,
and is located in the SR-3 (Special Development Pattern Residential) zoning district. Under the
current SR-3 zoning ordinance, a single-family detached dwelling is permitted with a lot area of
2,000 square feet and a lot width of 30 feet. The SR-3 zoning district requires 3,000 square feet
of lot area and a lot width of 44 feet for two-family dwellings (see City Code section 21A.24.100.C).
The subject property does not meet the minimum lot width requirements to construct a two-
family dwelling.
Based on a review of Engineering Division records and the warranty deed which states, "together
with and subject to", Debs Place is classified as a private street for the purposes of this
interpretation. Furthermore, Salt Lake City Engineering determined Debs Place is a dead-end
street because there is no recorded right-of-way between Debs Place and Hoover Place (formally
known as Norris Place). The land connecting the two streets is owned by the Salt Lake City
Redevelopment Agency (see Attachment C). To become a legal right -of way, the land would have
to be dedicated, which is not possible because the City can only dedicate land that is touching
another piece of dedicated land.
The applicant inquired how to determine the front yard setback of the subject property based on
the type of street and the location of the front lot line. The front yard is defined as, "A yard
extending between side lot lines and between the front lot line and the required front yard setback
line." The front lot line of the subject property is located at the edge of the existing public right-
of-way.
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.
The front yard setback in the SR-3 zoning district is described as:
"The minimum depth of the front yard for all principal buildings shall be equal to the
average of the front yards of existing buildings within the block face. Where there are no
existing buildings within the block face, the minimum depth shall be 10 feet. Where the
minimum front yard is specified in the recorded subdivision plat, the requirement
specified on the plat shall prevail. For buildings legally existing on April 12, 1995, the
required front yard shall be no greater than the established setback line of the existing
building."
The setback language is intended to create front yard setbacks that are compatible with the
existing development pattern of a neighborhood and existing block faces. Administrative
Interpretation (PLNZAD2021-oo746) determined how to calculate front yard setbacks on dead-
end streets. This interpretation is based on the definition of the term "block face" in City Code
section 21A.62.040, which is, "All of the lots facing one side of a street between two (2)
intersecting streets. Corner properties shall be considered part of two (2) block faces, one for each
of the two (2) intersecting streets. In no case shall a block face exceed one thousand feet (1,000')."
The subject property is not on a recorded plat that establishes a front yard setback and based on
the definition of "block face" and the determination that Debs Place is a dead-end street, the only
applicable setback standard to use for new development on the subject property is a minimum
front yard setback of 10 feet. As stated above, the 10-foot setback begins at the edge of the public
right-of-way.
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 (1o) 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
httn://www.SICIZov.com/DlanninR/planning-aUplications 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.
Dated this 9th day of December 2021 in Salt Lake City, Utah.
Amanda Roman
Principal Planner
Salt Lake City Planning Division
Exhibit A: Vicinity Map
Exhibit B: Warranty Deed
Exhibit C: Engineering Plot Map of Debs Place
CC: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Amy Thompson, Planning Manager
Applicable Recognized Organization — Central City Community Council
Posted to Web
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ATTACHMENT B
Recorded at Request of M ram.
at..d—',p. Fee Paid $ _. Katie L. Man, Salt Lako Ceujity Recordar MAR 2 5 1976
by--(�• Dep. Book Page . Ref
II Mail o to nddrA4Q
98_8 WARRANTY DEED
- - P=1Z M. BELOBla, aka MYRTLE, BELCEMR, a tridow -- -- -
of Salt Lake City , County of Salt Lake
CONVEY and WARRANT to IDA B. FRim
grantor
State of Utah, hereby
grantee
of Salt Lake City, Utah for the aum of
TEN ($10.0O) __ _____ _ _____ _____-__-- - -. DOLLARS,
and other good and valuable consideration,
the following described tract of land in Salt Lake County,
State of Utah ;
BEGINNING at a point *which is North 4 rods and West 164 feet from
the Southeast corner of Lot 7, Block 6, Mat "Bn, Salt Lake City
Survey, and running thence West 42.5 feet more or Jess; thence South
70 feet; thence 2.as't 41.5 feet more or less, thence North 4 feet;
thence East 1 font; thence North 66 feet to point of beginning.
Reserving a right of i?ay over the North one-half rod and over the
East 1 foot of the above land; and together with and subj eat to the
right of way over:- Beginning at a point 4 roda North of the South-
east corner of said Lot 7, and running thence Vest 206.5 feet, thence
North 1 rod, thence East 206.5 feet, thence South 1 rod to the point
of beginning.
MUTNESS, the hand of said grantor , this loth day of
November . A. D. 1961
Signed in the Bresence of
G'!
STATE OF UTAH,
jig.
County of SALT LACE
yZOth day of November , A, D. 19 61
p s lA it j� r;d be, ore me 1+1YMILE M. BELCHER aka MYRTU BELCHM, a widow,
` BLic;"y
nit owm a5 ro:&"R_wit instrument, who duly acknowledged to me that she executed the
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