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PLNZAD2022-00829 - 1917 E HerbertSeptember 19, 2022 ADMINISTRATIVE INTERPRETATION DECISION AND FINDINGS PLNZAD2022-00829 REQUEST: This is a request for an administrative interpretation regarding whether a proposed structure would be considered a patio and therefore permitted to obstruct the required rear yard per the Obstructions in Required Yards table in Salt Lake City Code Section 21A.36.020.B. The property is located at 1917 E Herbert Avenue (Tax ID: 16-09-431-013-0000). The lot is located within the R-1/7000 (Single-Family Residential) zoning district. DECISION: The Zoning Administrator finds that the proposed structure is not considered a patio. It would be considered a similar use to a swimming pool. It would be permitted to obstruct the rear yard by the amount specified in 21A.36.020.B, the Obstructions in Required Yards table. FINDINGS: The applicant is proposing to construct a spa that would be built into a deck structure. As proposed, it would be located approximately 6 feet, 3 inches from th e rear property line. Structures may encroach into a required yard when allowed by the Obstructions in Required Yards table. The applicant proposes that the structure be considered a patio, which would be permitted to obstruct any required yard with no minimum setback from property lines. Salt Lake City’s zoning ordinance provides a definition for the term patio as “a paved surface on an earthen/stone base that is not more than two feet (2') above established grade, designed for pedestrian use.” The proposed structure does not match this definition. The deck and spa would be built at existing grade, but not of an earthen/stone base. Additionally, because a spa is intended to be filled with water, it cannot be argued that it is designed for pedestrian use. Therefore, the structure could not be considered a patio. The type of allowed obstruction listed in the table that most closely aligns with the proposed structure is “swimming pools (measured to the water line), tennis courts, game courts and similar uses.” Of note, this type of obstruction includes “similar uses” to a swimming pool. Salt Lake City’s zoning ordinance does not provide a definition for the terms swimming pool or spa. In the absence of a definition, the zoning ordinance requires that staff utilize the provided definition from the Merriam-Webster Dictionary. Merriam-Webster defines a swimming pool as “a pool suitable for swimming,” and a spa as “a hot tub with a whirlpool device.” In turn, a hot tub is defined as “a large tub of hot water in which bathers soak and usually socialize.” A large tub of water for bathers to soak in is similar to a swimming pool. It also more closely matches a swimming pool than any other allowed obstruction listed in the table. Therefore, a spa/hot tub would fall under the same classification as a swimming pool, as a “similar use.” The proposed structure is a large tub of hot water with a whirlpool device, intended for bathers to soak in and socialize. As such, the proposed structure is recognized as a similar use to a swimming pool and must be located at least 10 feet from a property line. If you have any questions regarding this interpretation, please contact Michael McNamee, Principal Planner at (801) 535-7226 or by email at michael.mcnamee@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 how to apply and processing fees. Dated this 19th day of September 2022 in Salt Lake City, Utah. Michael McNamee Principal Planner CC: Nick Norris, Planning Director Mayara Lima, Zoning Administrator Casey Stewart, Planning Manager and Development Review Supervisor Posted to Web Attachments: Proposed site plan 4666 FFE 4663'-5" 4664'-11" TC 4663'-5" TO 4666' TO (+8") 4664'-11" TW 4672'-11" TW (+8') (+18') (2) 14" TREADS (3) 6" RISERS (2) 14" TREADS (3) 6" RISERS 32' 4665'-11" TW (+30") 15'-3" 9'-71 2" 10'-7" 3' 6' 5'-3" 4'6'-11" 20' 21" 19" 40" 18"7'-10" 12" 3" 22" 7'-3" 8'-3" 30" 6' 4'-6"13" 6'-9"4'-4" 4668'-5" TO 2' 4' 2'-8" 7'-4" 3'-7" 5'-6" 3'-6" 19'-6" 15' 3'-5" EXISTING GARAGE PROPERTY BOUNDARY EXISTING HEATED DRIVEWAY LIVING ROOM GAS DS EXIST. HYDRONIC MANIFOLD DS SPA 15X10 MUDROOM ENTRY LO D BLDG. OVERHANG IR G E DS LO D LO D 4' UTILITY EASEMENT PR O P E R T Y BO U N D A R Y PR O P E R T Y BO U N D A R Y FIRE TERRACE *GAS CONNECTION DAYLIGHT FIRE PIT DRAIN IN SIDE YARD A SITE LAYOUT PLAN LANDSCAPE ARCHITECT 392 E. Winchester St. SALT LAKE CITY UT. 84107 OFFICE: 435.649.3856 EMAIL: SETH@BOCKHOLTLA.COM HE R B E R T A V E RE S I D E N C E AM Y S O R E N S O N DESIGN BY: DRAWN BY: CHECKED BY: PROJ. # : LAST UPDATED: 7/27/2022 55-21-039_SITE INCH, SCALE ACCORDINGLY AT FULL SIZE, IF NOT ONE ONE INCH FILE : J-U-B ENGINEERS, INC. \\ J U B . C O M \ C E N T R A L \ C L I E N T S \ U T \ B O C K H O L T I N C \ P R O J E C T S \ 5 5 - 2 1 - 0 3 9 _ B O C K H O L T A M Y S O R E N S O N \ D E S I G N \ C A D \ S H E E T \ 5 5 - 2 1 - 0 3 9 _ S I T E . D W G Pl o t D a t e : 7/ 2 7 / 2 0 2 2 2 : 3 9 P M P l o t t e d B y : Ty l e r S m i t h s o n Da t e C r e a t e d : 7/ 1 8 / 2 0 2 2 55-20-116 TS SB SB BY DATEDESCRIPTIONNO. 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