PLNZAD2020-00133 - 707 E 9thApril 13, 2020
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2020-00133
REQUEST:
The property owner of 707 East 9th Avenue, Bryan Lence, is requesting an administrative
interpretation regarding the permitted front yard setback of an existing house in accordance with Salt
Lake City Zoning Code. The property under review is located at 707 East 9th Avenue and is within the
SR-1A (Special Development Pattern Residential) zoning district. The purpose of the request is to
determine whether a newly constructed single-family residential structure can be rebuilt with the same
front yard setback as the existing single-family residential structure.
DECISION:
The Zoning Administrator finds that the existing house located at 707 East 9th Avenue has a legal
complying front yard setback of 23’. based on the minimum front yard standard in zoning ordinance
section 21A.24.080.E.1.b which states in part that, “buildings legally existing on April 12, 1995, the
required front yard depth shall be no greater than the established setback line fo the existing building”.
This standard only applies to the existing building. If the house were to be completely demolished the
new construction would need to meet the average front yard setback along the block face, as well as all
other applicable standards of the SR-1A (Special Development Pattern Residential) zoning district.
FINDINGS:
The subject property is located in the SR-1A (Special Development Pattern Residential) zoning district
with an existing front yard setback of 23’. The SR-1A district front yard setback standard is described
Section 21A.24.080.E of the Salt Lake City Zoning Code:
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
four (4) or more SR-1 principal buildings with front yards on a block face, the average
shall be calculated excluding one property with the smallest front yard setback and
excluding the one property with the largest front yard setback. Where there are no
existing buildings within the block face, the minimum depth shall be twenty feet (20').
Where the minimum front yard depth is specified in the recorded subdivision plat, the
requirement specified therein shall prevail. For buildings legally existing on April 12,
1995, the required front yard depth shall be no greater than the established setback line
of the existing building.
The original house was built in 1938. Because the original house was built prior to April 12, 1995, the
required front yard setback is measured from the front of the existing house to the front property line.
The existing house on the subject property is setback from the front property line 23’ – this includes
the covered and unenclosed front porch. However, if the existing single-family residence were to be
demolished the required minimum front yard setback would be determined by calculating the average
front yard setback of the remaining homes along the block face (excluding 707 E 9th Ave.) as required
by 21A.24.080.E.1.b,.
To maintain the front yard setback of the existing building on the property located at 707 East 9th
Avenue for a new structure, a Special Exception review is required and the proposed changes must
comply with the standards found in Section 21A.52.030, Special Exceptions Authorized (see
specifically 21A.52.030.A.19), and 21A.52.060, General Standards and Considerations for Special
Exceptions, of the Salt Lake City Zoning Code. Or, a partial demolition of the structure would need to
comply with Section 21A.38.050, Noncomplying Structure, of the Salt Lake City Zoning Code.
If you have any questions regarding this interpretation, please contact Nannette Larsen at (801) 535-
7645 or by email at nannette.larsen@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. 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
Dated this 13th day of April, 2020.
Nannette Larsen
Principal Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Greg Mikolash, Building Services
Applicable Recognized Organizations
Posted to Web – Zoning Interpretations