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PLNZAD2020-00079 - 2662 N 2200 WMarch 4, 2020 ADMINISTRATIVE INTERPRETATION DECISION AND FINDINGS PLNZAD2020-00079 REQUEST: This is a request for an administrative interpretation regarding whether the property located at approximately 2662 N 2200 W (tax ID#08-16-226-032) is a legal noncomplying lot in accordance with the Salt Lake City zoning laws. The purpose of the request is to determine if a single-family dwelling can be constructed on the property. DECISION: The Zoning Administrator finds that the subject property located at approximately 2662 N 2200 W (tax ID#08-16-226-032) is recognized by Salt Lake City as a legal noncomplying lot and therefore a single-family dwelling can be constructed on the property. FINDINGS: The subject property is located in the AG-2 Agricultural zoning district. The lot has a total area of approximately 1.21 acre and lot width fronting a public street of 134.85 feet. The AG-2 zoning district requires a minimum lot area of 2 acres for a single-family dwelling and a minimum lot width of 150 feet. The subject property does not comply with the minimum lot area and the minimum lot width of the AG-2 zoning district and therefore is noncomplying. 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.” According to documents provided by the applicant and obtained from the Salt Lake County Recorder’s Office, the subject parcel was created on February 15, 2018 through a Court Order. The document issued by the State of Utah Third District Court resolved a property line dispute and consolidated the subject parcel from two separate parcels into one legal description. Attachment B shows the two parcels addressed 2662 N 2200 W (tax IDs #08-16-226-024 and #08-16-226-026) that existed prior to the Court Order. At the time the Court Order was issued, the property was zoned AG-2 and the minimum lot area and lot width standards were the same as today. Thus, the parcel was noncomplying to zoning regulations when it was created. However, because the lot was created through a recognized legal process by the Third District Court, the subject property is considered a legal noncomplying lot and therefore, a single-family dwelling can be constructed on the property. If you have any questions regarding this interpretation, please contact Mayara Lima at (801) 535-7118 or by email at mayara.lima@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 https://www.slc.gov/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. Mayara Lima Principal Planner Salt Lake City Planning Division CC: Nick Norris, Planning Director Joel Paterson, Zoning Administrator Greg Mikolash, Development Review Supervisor Applicable Recognized Organization Posted to Web Attachments: A.Vicinity Zoning Map B.2014 County Plat Survey Map C.Court Order Attachment A l'rcparcdandpul:>lishcdby Saltl.akcCounly Recorder Gary Ou 2001 S StalcSlrectNNl600 Salt l.a8�1�1Ys-��� 84190 hllp:1/slcorccordcr.sircdocs.com/ This map is no1 intended to represent actual physical properties. In order to establish exact physical boundaries a survey of the property may be necessary. E 1/2 NE 1/4 Sec 16 TIN RlW SALT LAKE COUNTY, UTAH 12/17/2014 Pt30001 i i:j 117.819 i I ••I Attachment B ,\ 1271 7150----... 02/15/2018 10:50 AM $19-00 ©)k -10647 pg -4293-4297ADAM GARDINER RECORDER. SALT LAKE COUNTY, UTAH TERRY JESS1:f ti BIT�ER 341 �; MAIH ST SlE 500 KC UT 84111 8Y: MZA, DEPUTY - MA 5 p. Christopher G. Jessop, USB No. 8542 Douglas A. Oviatt, USB No. 12192 TERRY JESSOP & BITNER 341 South Main Street, Suite 500 Salt Lake City, Utah 84111 Telephone: 801/534-0909 Facsimile: 801/534-1948 doug@tjblawyers.com I Attorneys for Plaintiffs IN THE THIRD JUDICIAL DISTRICT COURT OF SALT LAKE COUNTY SALT LAKE CITY DEPARTMENT, STATE OF UTAH MICHAEL T. KNIGHT and PA TRICIA WISSLER, Plaintiff, v. ESTATE OF KENNETH C. GUFFEY; CARRIE L. GUFFEY; JP MORGAN CHASE BANK, NATIONAL ASSOCIATION; and MOUNTAIN AMERICA CREDIT UNION, i!S{id�&;;--:. The Order of the Court ls stated below: l / -�-•:i\ \ Dated: February07,2018 /s/ PATRJf_··· .-J04:19:15 PM Districtf"9; ........... �.f -❖t��flt�i1;,�t, ORDER AND JUDGMENT QUIETING TITLE AND REFORMING DEEDS .... AND TRUST DEEDS Civil No. I 70902595 Judge Matthew Bates Patrick Corum -- The Court, having reviewed and considered the Joint and Stipulated Motion for Entry of Order and Judgment Quieting Title and Reforming Deeds and Trust Deeds between Plaintiffs and Defendants JPMorgan Chase Bank, N.A., and Mountain America Federal Credit Union, together with the pleadings on file and the default of Defendants Carrie L. Guffey and the Estate Attachment C