PLNZAD2020-00585 - 1782 S 1600 ECASE# PLNZAD2020-00585
Administrative Interpretation
DECISION AND FINDINGS
REQUEST:
The applicant is requesting an Administrative Interpretation to determine whether the
noncomplying parcel located at 1782 S. 1600 E. (tax id: 16-16-328-024-0000) is a legal complying
parcel under the provisions of City Code section 21A.38.060and therefore considered to be a legal
buildable lot. The subject property is located in the R-1/7000 (Single-Family Residential) zoning
district. The purpose of this request is to evaluate the previous Board of Adjustment decisions
regarding the legality of the parcel and to determine if a single-family dwelling can be constructed
on the property.
DECISION:
The Zoning Administrator finds that the parcel located at 1782 S. 1600 E. is not a legal complying
parcel under City Code section 21A.38.060 and therefore is not a buildable parcel. In the Board
of Adjustment case 102-B the parcel at 1782 S. 1600 E. was presented as part of 1572 E. Blaine
Avenue, not as a separate parcel. The Board of Adjustment found in case 2477-B that 1782 S. 1600
E was not a legal parcel and upheld the staff action revoking a building permit issued in error.
This decision was not appealed by the property owner and therefore the decision stands and the
decision cannot be overturned or amended through the administrative interpretation process.
FINDINGS:
The first decision that affected the status of the subject property was Board of Adjustment case
number 102-B, issued in 1985. Case number 102-B was a request for a variance for additional
square footage and height for a detached accessory structure on the subject property located at
1782 S. 1600 E. The Board of Adjustment (BoA) was provided a site plan and legal description of
the subject property, which illustrates the property located at 1572 E. Blaine Avenue and 1782 S.
1600 E. functioning as one lot. This site plan and legal description can be found in Exhibit A. This
decision determined the future use of the parcel located at 1782 S. 1600 E. to be associated with
1572 E. Blaine Avenue.
The second Board of Adjustment decision, issued in 1999, further confirmed the Board of
Adjustment decision from 1985. Case number 2477-B was an appeal by the property owner of
1782 S. 1600 E. of a building permit denial for a new dwelling. The building permit was mistakenly
issued and later revoked. The appeal filed by the property owner claimed that the permit
revocation was in error, due to the permit initially being issued. The following section is an
excerpt of the subject case minutes, also found in Exhibit B:
The subject lot was created some time in the 1950’s by vacation of a mid-block alley, but it
did not go through a proper subdivision process. Mr. Nelson then explained that the
Petitioner obtained a building permit and it is on hold pending a decision from the Board.
The permit was issued based [on] Section 21A.38.100 of the Zoning Ordinance which
states any lot in legal existence prior to April 12, 1995 shall be considered a legal complying
lot regardless of frontage or size. However, Staff determined that it was not legal existing
because it was not legally created even through Salt Lake County has identified it by a
parcel number and assesses taxes on it. Mr. Nelson continued to explain that the lot is
related to the property abutting to the north. In 1985, the property owner at that time came
to the Board to allow a garage on the subject property for the duplex fronting Blaine
Avenue (Case #102-B). The garage is 56 feet wide by 31 feet deep and straddles the
properties together. Furthermore, the subject property has been continuously used for the
abutting duplex since 1977. Mr. Nelson added that flag lot regulations came into effect in
the current zoning ordinance adopted in 1995, but it does not apply to this lot because the
Ordinance requires this lot be 10,500 square feet excluding the flat stem to qualify for
subdivision approval.
Further discussion of the BOA case 102-B, included the following:
Mr. Hafey explained that the Board did not grant a variance to build the garage on a
separate piece of property. They granted it to be on the same lot as the main building. Mr.
Wheelwright noted that the City has a recently required multiple parcels to be combined
if the site is made up of multiple parcels before permit is issued. The City does not have a
process for combining lots, it requires only recording deed with the County, but the
combining of multiple parcels when obtained a permit is an attempt to address situations
as in the 1985 Board case.
The BOA eventually passed the following motion:
From evidence and testimony presented, Mr. Hafey made a motion to uphold the
administrative decision that the parcel known as 1872 South 1600 East and is identified
as parcel 16-16-328-024 is not an independent lot and may not be developed with a new
single-family dwelling.
Due to the property owner not submitting an appeal of the BOA decision in 1999, the decision
remains in effect. Additionally, staff cannot evaluate whether the BOA made a legal or correct
decision.
Staff finds that the 1999 Board of Adjustment decision to uphold the 1985 Board of Adjustment
effectively merged 1782 S. 1600 E. and 1572 S. 1600 E. as one lot and that 1782 S 1600 E is not a
legal parcel and cannot be developed independently.
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 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 approva ls 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 September, 2020 in Salt Lake City, Utah.
Kelsey Lindquist
Senior Planner
Salt Lake City Planning Division
Exhibits
A
B
CC: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Wayne Mills, Planning Manager
Greg Mikolash, Development Review Supervisor
Posted to Web
Applicable Recognized Organization
Exhibit A
Exhibit B