PLNZAD2019-01055 - 2760 N 2200 WFebruary 5, 2020,
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2019-01055
REQUEST:
This is a request for an administrative interpretation regarding whether the property located at
approximately 2760 North 2200 West (Tax ID #08-09-476-026-0000) is a legally existing lot in
its current configuration in accordance with the Salt Lake City zoning ordinance . The purpose of
the request is to determine if the lot could have a single-family home built on it. The zoning of the
property is AG-2 Agricultural.
DECISION:
The Zoning Administrator finds that the subject property located at approximately 2760 North
2200 West (Tax ID#08-09-476-026-0000) is recognized by Salt Lake City as a legal
noncomplying lot. Therefore, the lot can be developed with a single-family detached dwelling subject to the base zoning standards and the Airport Fight Path Protection overlay district even
though the lot width does not meet the minimum requirements for the AG-2 district.
FINDINGS:
The subject property is currently located in the AG-2 Agricultural district. The parcel has a total
lot area of approximately 174,853 square feet (4.06 acres), and a lot width of approximately 117.64
feet facing the street . The AG-2 district requires a minimum lot area of 2 acres for a detached
single-family dwelling and a minimum of 150 feet of lot width. Although the property meets the
minimum lot size requirement, it does not meet the minimum lot width standard.
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 leg al 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.
The subject parcel was annexed into Salt Lake City in 1975 and was zoned A-1 Agricultural which
required a minimum lot size of 10,000 square feet and a minimum lot width of 65 feet. At the time
the parcel was annexed, the lot was a legal complying lot with approximately 1.07 acres and with
a lot width of 140 feet.
In 2000, the zoning designation was changed to AG-2 and the lot became noncomplying because
the lot did not meet the n ew minimum lot area requirement of 2 acres nor the minimum lot width
requirement of 150 feet.
According to Salt Lal<e County Recorder's Office records, in 2012 a 22.36 feet by 333 feet portion
of the subject lot was deeded to the abutting lot to the south without City approval. As a result,
the parcel now has a lot width of 117.64 feet which increased the degree of noncompliance relative
to lot width and lot area.
The current configuration of the lot was created on June 13, 2013 by a quit claim deed recorded
in the Salt Lake County Recorder's Office to consolidate two lots into one (see Attachment C). The
two lots that were combined included the lot fronting on 2200 West (see Attachment B, legal
description of Parcel 1) and an abutting lot to the east (see Attachment B, legal description of
Parcel 2). The consolidation created a lot of more than 4 acres but maintained the existing
noncomplying lot width of approximately 11 7 fee t along 2200 West.
State Code includes an exemption from plat requirements for agricultural land (see Utah State
Code 10-9a-605). This section of state code implies any land that is used for agricultural purposes
is exempt from the subdivision requirements of the municipality it is in as long as the lot meets
the minimum size requirements. Under this provision, Salt Lake City will not require a notice of
lot consolidation.
The lot is in the Airport Flight Path Overlay District's Influence Zone A and B. The western 80
feet, approximately, of the parcel facing 2200 W is in the Airport Flight Path Protection Influence
Zone A, which prohibits residential uses. The rest of the property is in the Airport Flight Path
Protection Influence Zone B, which allows residential uses in agricultural districts with air
circulation systems and at least 25 decibels of sound attenuation. See Section 21A.34.040 below:
V. Airport Influence Zones; Incompatible Uses : Except as provided/or in this section, no
structure or use of land shall be erected, altered or utilized in any airport influence zone so
as to create an incompatible use as hereinafter established for such zones. To avoid the
enlargement of existing nonconforming uses, defined as incompatible , compliance with
these provisions will be required for the entire structure when changes of use occur. When
structures, other than single-family or two-family dwellings, are remodeled or altered,
only the area involved in the work must comply. The requirements of so und attenuation to
various levels set forth below, are found in title 18, chapter 18.88 of this code, but are
incorporated herein by reference.
1. Airport Influence Zone A: Th e following uses are incompatible in this zone and are
prohibited:
a. Residential uses;
b. Commercial uses, except those constructed with air circulation systems and at
leas t twenty-five (25) dBs of sound attenuation;
c. Institutional uses such as schools, hospitals, churches and rest homes;
d. Hotels and motels, except those constructed with air circulation systems and
at least thirty (30) dBs of sound attenuation in sleeping areas and at leas t
twenty-five (25) dBs of sound attenuation elsewhere.
2. Airport Influence Zone B: The following uses are incompatible in this zone and are
prohibited
a. Residential uses, except residences in agricultural zones with air circulation
systems and at least twenty-five (25) dBs of sound attenuation;
b. Institutional uses such as schools, hospitals , churches and rest homes, except
those constructed with air circulation systems and at least twenty-five (25) dBs
of sound attenuation;
c. Hotels and motels except those constructed with air circulation systems, and
at lea st twenty-five (25) dBs of sound attenuation, in sleeping areas.
When the lots were combined in 2013, the lot created exceeded the minimum lot area
requirements of the AG-2 zoning district and qualified it for subdivision exemption under state
law. State code only specifies size of lot and is open to interpretation on if that includes width of
lot. In addition, at the time the parcel was annexed into the City, the lot complied to the minimum
lot width of the AG district.
SUMMARY
When the subject property was annexed into Salt Lake City it was a legal complying lot. A zoning
map amendment which changed the zoning to AG-2 in 2000 changed the status of the lot to a
legal noncomplying lot base on the provisions in 21.A.38.060. Although subsequent changes to
the lot configuration resulted in the property complying with the minimum lot area requirement
but increased the degree of noncompliance with the minimum lot ·width standard of the AG-2
district, the property is a leg al noncomplying lot. A n ew single-family home can be constructed on
the lot if it meets all other applicable building and zoning code requirements.
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 rea sons 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-application s 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 s hall 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 a nd permits
that may b e 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.
CC:
Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Anna Anglin
Principal Planner
Greg Mikolash, Development Review Supervisor
Paul Nielson, Senior Attorney
Posted to Web
Fil e
Attachments:
A Vicinity ma p of subject property
B. February 15, 2012 Deed & Abstract
C. June 13 , 2013 Dee d & Abs tract
Vicinity Map of Subject Property
2760 North 2200 West (Tax ID #o8-09-476-026-oooo)
2760 North 2200 West
Subject Property
February 15, 2012 Deed & Abstract
1333810
Order No. 5-072987 Warranty Deed
T.._,. P. Giles and Mark B. Haydtn
11333610
211 512012 4 :21 00 PM S1J oo
Book • 9991 Pg 7359 -7360
Garyw 011
Rec«der. Sart lake Counry UT
BACKMAIJ TITLE SERVICES
BY eCASH DEPUTY • EF 2 P
oCSalt Lake City, County of Salt Lak e, St.ate of UTAH. Grant or, herem COJl.'VEY .11Kl WARRANT tt1
Levi Ttia'O•e
OfS~ ~e City, Co~ty ofSalt Lab, Granite for IJle sum ofTm DoUm Jilt! Oilier Good illl•l \almbk
CcasidCl'lbllll the li>nowing desaibed lract(s) of lan d m Sall lake Co!Ulty, Sid!( c·f UT AH
PARCEL 1:
Commencing 556.46 feet North from the Soo thwes1 com a of tht' Sourh~st quarter of the
Southeast quarter ofScctton 9, Township I Nort h, Range I West, Sah Ltke Ma1d1an, South
117.64 feet; Ea.st 333 feet ; thence North 11 7 64 feet. thence West 333 feet ro beginning Les: Sln:et.
Pll'Cd No .: 08-09-4 i6-00.,
PARCEL2:
Commencing 416.46 feet Nort h and 333 feet East and 22 36 fec1 North t\~m lhc South"esl
c:cmer of the Southeast qwrtcr of the Sou theas t quarter of Section 9, "f6..fuh1p I !\ooh R.mgr-I
West, Sa.It Lake Maid1an thence fut 550 feet, chcnce Nonh 25i 64 feet, thence\\ est SSO feet,
thence South 25i.64 fca co beg inn ing.
hrcel No.: G8-419-476-008, 08-09-476-007
SUBJECT TO: C.ounty and/or Cny Tue noc dehnquo a, Bond• and>oc Spa.1JI Ass~,meral.! ncr tlcln111uo11 :inJ
C:OV-ts, Conditions, Rcsmaioos, Rights -or-Wa y, Eucmenu, m d Reservauons no11 of R«or•I
wrrnESS, lhetumd(s) ofn.1d Gr1111ar(s), lh1s _;..:tJ""'tb'----nf F'broar)
Siped in I.he Presence of.
STATE OF _U=Wi=---
AD 2111 ?
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1J 111 diyor r tbrn•rz 2012
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PAMELA M MILLER
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Fo b1-,. I~ 20 I 6
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,
June 13, 2013 Deed & Abstract
I ••
QUIT-CLAIM DEED
• Cowuy o f ~Vt; -. ldao.J~
, County o f
the following described tract(s) o f land in Cl II \ _ \ .
State of Utah: ~an 1-J(. }{µ
27~Z ~ 22.. PO tJ
WIT .JESS. die hlncl(s) of said pntor{s). th is
Siped in the presence of.
'\.
STATE OF UTAH
Comtyor<S~ ~
OndaC \:;:, ~ day o f
pcnmaJly llppCIRd before 111t
1 1 6627 3 0
11>11;: /~13 01: 16 P1' $13 . 00
Boo~ -10 14 9 p, -921-922
GARY I.II. OTT
l1ECC~OER, s.:t. T U*E CWfrt, UT Ill
LEV I M DIE
716 H 660 Y
1£S T lnMT IA.l UTAH 84087
BY : Hlf>, DEPUT Y -°'I 2 P.
gnnaor
Stale of Uaah, herch)
gnnrec i
Stat e of Uta h, for the sum of
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Count}.
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VIDI 08-09-476-022-0000 DIST 13
TIJA' 00. LEV l TAX CLASS
,/. ·~
716 N 660 W NQ:
UPDATE N
LEGAL N
PRINT U
TOTAL ACRES
REAL ESTATE
BUILDINGS
roTAL VALUE
WEST Bel.INTIFUL UT 84087 EDIT 1 FACTOR BYPASS
0 .8 1
24900
163800
188 700
LOC: 2722 N 2200 W EDIT 0 BOOI< 09991 PAGE 7359 DATE 09/04/201 2
SUB: SEC 09 TWNSHP lS RNG lW TYPE SECT PLAT
06/13/2013 PROPERTY DESCRIPTION FOR TAXATION PURPOSES ONLY
BEG 556. 46 FT N FR SW COR OF SE l / 4 Of SE 114 SEC 9 . TlN .
RlW, SLB & N: S 117.64 FT: E 333 FT : N 117 .64 FT; W 333 FT
TO BEG. LESS STREET 0 .81 ACM OR L. 4401 -439 9991-7346
/IL~O
BEG 416.46 FT N & 333 FT E & 22 .36 FT N FR SW CO R OF SE 1/4
OF SE 1/4 OF SEC 9, TIN, RlW, SLB & M: E 550 FT: N 257 .64
Ff; W 550 Fr; S 257.64 FT TO BEG . 3 .25 AC MOR L. 4564-13 52
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