PLNZAD2020-00982 - 2721 E 2100 SPLNZAD2020-00982 Page 1 of 3
January 25, 2021
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2020-00982
REQUEST:
A request from Ian Kaplan, representing the property owner and Modal Living, for an
Administrative Interpretation regarding the allowed area of a deck attached to an Accessory
Dwelling Unit (ADU) at approximately 2721 East 2100 South. The ADU is located on the slope
of a lot where the habitable space is at ground level on one side of the structure and elevated
above the foundation wall on the other side of the structure. In the same manner as the
habitable space, the proposed deck is at ground level on one side but elevated above grade on
other sides. Section 21A.40.200E3h of the Zoning Ordinance regulates decks and balconies on
detached accessory dwelling units and states that a deck is limited to 80 square feet in size when
located above the ground level of the building. The applicant claims that the proposed deck is on
“the ground level” of the structure and has submitted this request for an Administrative
Interpretation to clarify the above-referenced code and the intended definition of “the ground
level”.
DECISION:
The Zoning Administrator finds that the proposed deck is located on “the ground level” of the
proposed ADU and that a deck larger than 80 square feet is permitted. The proposed ADU and
accompanying deck will still need to conform with all applicable standards found in section
21A.40.200 of the Salt Lake City Zoning Regulations.
FINDINGS:
The applicant’s request boils down to the definition of three words found in the balcony and
deck standards for Accessory Dwelling units in Section 21A.40.200.E.3.h.(1):
h. Balconies And Decks: Balconies and decks shall be designed as follows:
(1) Shall not exceed eighty (80) square feet in size when located above the ground
level of the building;
The ambiguity of the phrase “the ground level” can make it difficult to interpret this section of
the code when the ground floor of an ADU is not at ground level on all sides of the structure. In
most situations, the ground floor of an ADU usually sits at approximately ground level and there
is little confusion about when a deck is above “the ground level.” In this case however, the
proposed ADU will sit on a relatively steep slope, separating the ground floor from ground level
at certain points of the structure. “The ground level” and “ground level” are not specifically
defined by the zoning ordinance. However, we can glean a better understanding of the phrase
from two definitions found in the zoning regulations that use the words “level” and “ground
level.” The first is the definition for Story (Floor):
The vertical distance between the finished floor of one level and the finished
floor of the level above or below.
The other is Yard:
On the same zoning lot with a use, building or structure, an open space which is
unoccupied and unobstructed from its ground level to the sky, except as
otherwise permitted herein. A yard extends along a lot line, and to a depth or
PLNZAD2020-00982 Page 2 of 3
width specified in the yard requirements for the zoning district in which such
zoning lot is located.
From these two definitions we can see that “level” can have different meanings depending on
the context of the phrase. In the case of Story (Floor), “level” seems to mean the horizontal
plane of any given story within a building. With Yard, “ground level” appears to mean the
horizontal plane of the ground. Dictionary definitions of “level” only muddy the water further.
The oxford English Dictionary defines “level” as both “a horizontal plane or line with respect to
the distance above or below a given point” and as “a floor within a multistory building.”
When interpreting the intent of the phrase “the ground level,” it is important to take the words
together and not rely solely on their individual definitions. Note that the only definition in the
zoning regulations that places “the” before “level” is Story (Floor). In the case of section
21A.40.200.E.3.h.(1) regarding ADU decks, the fact that there is a “the” before “ground floor” is
important. Without the preceding “the,” the regulation would clearly mean the surface of the
ground. The inclusion of “the” appears intentional, meaning that “the ground level” was meant
to be synonymous with the first floor of the ADU.
If you have any questions regarding this interpretation please contact Aaron Barlow at 385-386-
2764 or by email at aaron.barlow@slcgov.com.
PLNZAD2020-00982 Page 3 of 3
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 the applicable fee.
Appeals may be filed in person or by mail at:
In Person:
Salt Lake City Corp
Planning Counter
451 S State Street, Room 215
Salt Lake City, UT
US Mail:
Salt Lake City Corp
Planning Counter
PO Box 145471
Salt Lake City, UT 84114-
5417
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.
Aaron Barlow, AICP
Principal Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Greg Mikolash, Development Review Supervisor
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