PLNZAD2022-00174 - 653 E 200 SADMINISTRATIVE DETERMINATION OF A NONCONFORMING USE
DECISION AND FINDINGS
PETITION PLNZAD2022-00174 – 653 East 200 South
REQUEST
This is a request by Jason Boal, representing the property owner, for a Determination of a
Nonconforming use regarding the subject property at approximately 653 East 200 South (Tax ID #: 16-
05-104-013-0000).
The applicant is specifically requesting a determination of the legality of the existing off-site parking lot
on the property and to have the use recognized as a nonconforming use. The subject property is located
in the RMF-35 (Moderate Density Multi-Family Residential District) zoning district. The RMF-35 zone
does not permit off-site parking as a permitted or conditional use.
The applicant claims the existing parking lot on the subject property has historically served as off-site
parking for two properties: 153 South Heather Street (Tax ID #: 16-05-104-012-0000), a triplex, and 150
East 700 South (Tax ID #: 16-05-104-016-0000), a multi-family apartment building.
The applicant has included the following in their submitted documents:
“We are seeking a determination to clarify that the current use of parcel 16051040130000,
which is "off-site parking" for an adjacent multi-family residential structures located at 150 S
700 E and 153-155 S Heather St., is permitted to continue. This use is currently not identified as
a permitted or conditional use in the RMF-35 District. See City Code $ 214.33.020. We are
seeking an administrative determination that would classify the use as a "non-conforming use".
See City Code $ 214.38.025”
“We seek an interpretation that will determine that the existing use of parking on parcel
#16051040130000 may continue and that the properly owner may repair and maintain this
parking lot, including paving it.”
DECISION:
The Zoning Administrator finds that the existing use of an off-site parking lot on the subject property
located at approximately 653 East 200 South (Tax ID #: 16-05-104-013-0000) was not legally
established, and therefore, is not recognized by Salt Lake City as a nonconforming use.
The subject property could be developed with an allowed permitted or conditional use as listed in the
table 21A.33.020 of the Salt Lake City zoning ordinance subject to meeting the zoning requirements of
the applicable RMF-35 (Moderate Density Multi-Family Residential District) Zone, the off-street
parking requirements in 21A.44 of the zoning ordinance, the regulations of the H (Historic Preservation
Overlay) in 21A.34.020, and any other applicable approvals and permits required from other city
divisions.
STANDARDS OF REVIEW
The materials submitted by the applicant indicate the subject property is currently a parking lot being
used for off-site parking. Off-site parking is not listed as a permitted or conditional use in table
21A.33.040 for the RMF-35 (Moderate Density Multi-Family Residential District) zone. The applicant is
seeking a determination of nonconforming use.
Section 21A.38.040 of the Salt Lake City Zoning Ordinance defines a nonconforming use as the
following:
NONCONFORMING USE: Any building or land legally occupied by a use at the time of passage
of the ordinance codified herein or amendment thereto which does not conform after passage of
said ordinance or amendment thereto with the use regulations of the district in which located.
Section 21A.38.040.E of the Salt Lake City Zoning Ordinance states the following regarding
Determination of Nonconforming Use Status:
1. Burden Of Owner To Establish Legality Of Nonconforming Use: The burden of establishing that
any nonconforming use lawfully exists under the provisions of this title shall, in all cases, be the
owner's burden and not the City's. Building permits, business licenses and similar
documentation may be considered as evidence establishing the legality of use.
2. Determination Of Nonconforming Status: The Zoning Administrator shall determine the
nonconforming use status of properties based upon the evidence submitted and information
available pursuant to the provisions of this chapter.
BACKGROUND INFORMATION
From 1883 – 1977, the subject property at 653 East 200 South was occupied by a single-family dwelling.
When the house was existing on the lot, the applicant submitted aerial maps with an area in the rear
portion of the lot identified as an area for cars to park for the properties at 153 South Heather Street and
150 South 700 East. Once the house was demolished in 1977, aerial images submitted by the applicant
show the entire parcel being used for parking.
Both structures at 153 South Heather Street and 150 South 700 East were built prior to zoning
requirements for off-street parking. The triplex at 153 South Heather Street was built in 1901, and the
multi-family building at 150 South 700 East was built in 1927.
The applicant submitted the following information in an attempt to establish the legality of the
nonconforming use. This information is located in Attachment B of this Determination Letter.
Documentation Submitted by the Applicant
• Photograph of the site on January 11, 2022
• Signed statement from a previous property owner stating the use of the property
• 1985 Aerial Image of the property
• 1977 Aerial Image of the property1973 Aerial Image of the property
• 1962 Aerial Image of the property
• 1950 Aerial Image of the property
• Warranty Deed for portion of the property dedicated as ROW
• Excerpts from Salt Lake City Zoning Ordinance Provisions from 1949 and 1964
ANALYSIS & FINDINGS
City records provide historic ordinances from the following relevant years that coincide with the
documentation submitted by the applicant: 1949, 1964, 1978, and 1987. Each of these Code sections
provides details about permitted uses and regulations for the subject property regarding off-site parking
and parking lots in residential districts. Each of the relevant ordinance sections were reviewed to
determine if the use was legally established on the subject property.
1949 (See Attachment C for all referenced 1949 Code sections)
In 1949, the subject property was located in the B-2 Residential Zone. According to Sec. 6716 in the 1949
City Code, any use permitted in the Residential ‘A’ district would also be permitted in the Residential B-2
Zoning District. In Sec. 6715(b)1 Residential ‘A’ District states:
“Building and uses such as are ordinarily appurtenant to any of the uses listed above, but not
involving the conduct of business, shall be permitted subject to the limitations herein provided.
1. Accessory uses customarily incident to the above uses.”
Section 6713 defines Accessory use or building as:
“A subordinate use or building customarily incident to and located upon the same lot occupied
by the main use or building.”
According to this section, parking on the subject property may only be permitted as an accessory use to
the main use on the property – which in 1949 was single-family residential.
Furthermore, the 1950 aerial map submitted by the applicant has a callout near the rear of the property
with a label stating, “area for cars to park on the lot.” It’s not clear if parking is shown in the area
identified, as the aerial is very blurry. If this area identified was used to park cars, this would not
establish it was used for off-site parking. In 1950, the subject property was occupied by a single-family
home and any parking on the lot was likely accessory to the single-family dwelling on the property. The
burden of establishing that any nonconforming use lawfully exists under the provisions of this title shall,
in all cases, be the owner's burden and not the City's.
1964 (See Attachment D for all referenced 1964 Code sections)
In 1964, the subject property was located in the R-6 Residential District. In the 1964 ordinance, Chapter
8, Off-Street Loading and Parking Space states the following:
Sec. 51-8-1. OFF-STREET PARKING REQUIRED. There shall be provided at the time of the
erection of any main building or structure or at the time any main building or structure is
enlarged or increased in capacity, minimum off-street parking space with adequate provisions
for ingress and egress by standard sized automobiles as hereinafter provided.
Sec. 51-8-2. PARKING SPACE FOR ONE- TO FOUR-FAMILY DWELLINGS. In all residential
zones there shall be provided in a private garage or in an area properly located for a future
garage, space for the parking of one (1) automobile for each unit in the case of a new dwelling
or for each unit added to an existing building. This parking space must be on the same lot with
the main buildings.
Sec. 51-8-3. FOR BUILDINGS OTHER THAN ONE- TO FOUR-FAMILY DWELLINGS. For a
new building or structure or for the enlargement or increase in capacity, floor area, or guest
rooms of an existing main building or structure, there shall be at least one permanently
maintained parking space of not less than one hundred and eighty (180) square feet on the
same lot with the main building or not more than five hundred (500) feet therefrom as follows:
1. For apartments and motels, one parking space for each unit in such apartment or motel.
The information submitted by the applicant asserts that section 51-8-3 noted above authorizes off-street
parking on the subject property as it is within 500 feet of the main buildings the applicant claims the
parking serves. However, the Zoning Administrator finds that the off-street parking provisions noted
above are not applicable as this section specifically relates to required parking “at the time of the
erection of any main building or structure or at the time any main building or structure is enlarged or
increased in capacity”. At the time the buildings at 153 South Heather Street and 150 South 700 East
were erected, there were not any off-street parking requirements, and documentation was not provided
indicating an enlargement or increase in capacity that would require off-street parking to be provided in
accordance with this section.
The 1964 ordinance did have separate provisions to establish a parking lot in a residential district as
follows:
Sec. 51-5-7. PARKING LOTS IN RESIDENTIAL DISTRICTS. Where not otherwise authorized by
this ordinance, when in its opinion the best interests of the community will be served thereby, the
Board of Adjustment may permit, temporarily or permanently, the use of land in a Residential
District for a parking lot provided that in such cases:
1. The lot is to be used only for the parking of passenger automobiles of employees,
customers, or guests of the person or firm controlling and operating the lot, who shall be
responsible for its maintenance.
2. No charge is to be made for parking on the lot.
3. The lot is not to be used for sales, repair work, or servicing of any kind.
4. Entrances to and exits from the lot are to be located so as to do the least harm
to the Residential District.
5. No advertising sign or material is to be located on the lot.
6. All parking is to be kept back of the setback building line by barrier unless
otherwise specifically authorized by the Board of Adjustment.
7. The parking lot and that portion of the driveway back of the building line is to
be adequately screened from the street and from adjoining property in a residence district
by a hedge or sightly fence or wall I not less than three (3) feet high and not more than six
(6) feet high located back of the setback building line: all lighting is to be arranged so that
there will be no glare therefrom annoying to the occupants of the adjoining property in a
residence district, and the surface of-the parking lot is to be smoothly graded, hardsurfaced,
and adequately drained,
8. Such other conditions as may be deemed necessary by the Board of Adjustment to
protect the character of the residential district.
9. The Planning Commission shall review all applications for parking lots in residential
areas before application shall be approved by the Board of Adjustment.
According to this section, parking lots in residential districts may be permitted by the Board of
Adjustment subject to provisions 1-9. No record for Board of Adjustment approval exists to allow an off-
site parking lot on this property.
1978 (See Attachment E for all referenced 1978 Code sections)
In 1978, the subject property was located in the R-6 Residential Zoning District. According to Sec. 51-18-
1 Residential R-6 District, Use Regulations, any use permitted in the R-5 Residential District would also
be permitted in the R-6 Residential District. Regarding use regulations in the R-5 District, Sec. 51-17-1-
(7) states the following:
On all other lots used for other than a one-to-four-family dwellings, off-street parking shall be
allowed in the side yard provided the following conditions are compiled with:
(a) The parking lot and structure must maintain the same side yards as required for the
structure alone. The side yard adjacent to the parking lot must be landscaped for the
complete length of the parking area. The parking lot must be defined by the construction of
a concrete curb and said parking lot shall be fifteen (15) feet from any dwelling or
apartment house on an adjoining lot.
(b) A solid wall or fence not less than three (3) feet nor more than six (6) feet in height is
constructed on the property line so as to prevent the glare of headlights shining onto
adjoining properties from the parking lot.
(c) The parking area must have a separate exit or be of sufficient width to allow a car to turn
so that no car is required to back from the parking lot.
(d) A hardsurfaced pedestrian walkway a minimum of four feet wide shall be provided between
the main building and the parking lot. This walkway shall extend from the front sidewalk to
the end of the parking lot and shall be designed so that the pedestrian entering the site will
not be required to walk in the driveways.
(e) All exposed parking areas will be adequately screened from exterior view.
(f) All conditions set forth in Section 51-6-7, items (1) through (7).
Condition (f) above refers to section 51-6-7, Parking Lots in Residential Districts which states:
Sec. 51-6-7. PARKING LOTS IN RESIDENTIAL DISTRICTS. Where not otherwise authorized by
this ordinance, when in its opinion the best interests of the community will be served thereby, the
Board of Adjustment may permit, temporarily or permanently, the use of land in a Residential
District for a parking lot provided that in such cases:
1. The lot is to be used only for the parking of passenger automobiles of employees,
customers, or guests of the person or firm controlling and operating the lot, who shall be
responsible for its maintenance.
2. No charge is to be made for parking on the lot.
3. The lot is not to be used for sales, repair work, or servicing of any kind.
4. Entrances to and exits from the lot are to be located so as to do the least harm
to the Residential District.
5. No advertising sign or material is to be located on the lot.
6. All parking is to be kept back of the setback building line by barrier unless
otherwise specifically authorized by the Board of Adjustment.
7. The parking lot and that portion of the driveway back of the building line is to be
adequately screened from the street and from adjoining property in a residence district by a
hedge or sightly fence or wall I not less than three (3) feet high and not more than six (6)
feet high located back of the setback building line: all lighting is to be arranged so that there
will be no glare therefrom annoying to the occupants of the adjoining property in a
residence district, and the surface of-the parking lot is to be smoothly graded, hardsurfaced,
and adequately drained.
In 1978, off-street parking could be allowed on lots other than a lot that contained a one-to-four family
dwelling as outlined in Sec. 51-17-1-(7) above. No documentation was submitted by the applicant to
demonstrate the off-site parking area complied with the conditions a-f in section 51-17-1-(7) and
condition (f ) refers back to section 51-6-7 which requires approval from the Board of Adjustment. As
stated earlier, no record for Board of Adjustment approval exists to allow an off-site parking lot on this
property.
1987 (See Attachment F for all referenced 1987 Code sections)
In 1987, the subject property was still in the R-6 Residential Zoning District. According to Sec. 51-18-1
Residential R-6 District, Use Regulations, any use permitted in the R-5 Residential District would also
be permitted in the R-6 Residential District. Regarding use regulations in the R-5 District, Sec. 51-17-6-
states the following:
On all lots used for other than one to four-family dwellings, off-street parking shall be allowed
in the side yard provided the following conditions are complied with:
(a). The parking lot and structure must maintain the same side yards as required for the
structure alone. The side yard adjacent to the parking lot must be landscaped for the
complete length of the parking area. The parking lot must be defined by the construction
of a concrete curb and said parking lot shall be fifteen (15) feet from any dwelling or
apartment house on an adjoining lot.
(b) A solid wall or fence not less than three (3) feet nor more than six (6) feet in height is
constructed on the property line so as to prevent the glare of headlights shining onto
adjoining properties from the parking lot.
(c). The parking area must have a separate exit or be of sufficient width to allow a car to
turn so that no car is required to back from the parking lot.
(d). A hard surfaced pedestrian walkway a minimum of four feet wide shall be provided
between the main building and the parking lot. This walkway shall extend from the
front sidewalk to the end of the parking lot and shall be designed so that the pedestrian
entering the site will not be required to walk in the driveways.
(e). All exposed parking areas will be adequately screened from exterior view; and
(f). All conditions set forth in Section 51-6-7, items (1) through (7): and
Condition (f) above refers to section 51-6-7, Parking Lots in Residential Districts which states:
Sec. 51-6-7. PARKING LOTS IN RESIDENTIAL DISTRICTS. Where not otherwise authorized by
this title, when in its opinion the best interests of the community will be served thereby, the
Board of Adjustment may permit, temporarily or permanently, the use of land in a residential
district for a parking lot provided that in such cases:
1. The lot is to be used only for parking of passenger automobiles of employees,
customers, or guests of the person or firm controlling and operating the lot, who
shall be responsible for its maintenance:
2. No charge is to be made for parking on the lot;
3. The lot is not to be used for sales, repair work or servicing of any kind
4. Entrances to and exits from the lot are to be located so as to do the least harm to
the residential district.
5. No advertising sign or material is to be located on the lot;
6. All parking is to be kept back of the setback building lines by barrier unless
otherwise specifically authorized by the Board of Adjustement
7. The parking lot and that portion of the driveway back of the building line is to
be adequately screened from the street and from adjoining property in a
residential district by a hedge or sightly fence or wall not less than three (3) feet
high and not more than six (6) feet high located back of the setback building linet
all lighting is to be arranged eo that there will be no glare therefrom annoying to
the occupants of adjoining property in a residential district, and the surface of
the parking lot is to be smoothly graded, hard surfaced, and adequately drained.
In 1987, just as in 1978, off-street parking could be allowed on lots other than a lot that contained a one-
to-four family dwelling as outlined in Sec. 51-17-6 above. No documentation was submitted by the
applicant to demonstrate the off-site parking area complied with the conditions a-f in section 51-17-6
and condition (f) refers back to section 51-6-7 which requires approval from the Board of Adjustment. As
stated earlier, no record for Board of Adjustment approval exists to allow an off-site parking lot on this
property.
In summary, insufficient evidence was provided by the applicant to determine that the existing use of an
off-site parking lot on the subject property located at approximately 653 East 200 South (Tax ID #: 16-
05-104-013-0000) was legally established. The presence of cars in the aerial photos submitted by the
applicant does not demonstrate proof that off-site parking was approved as required by previous City
Code. The cars that appear in the aerial images also do not provide evidence that these vehicles are
associated with a specific property. Therefore, this use is not recognized by Salt Lake City as a
nonconforming use.
APPEAL OF DECISION:
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 the information about the applicable fee. Appeals may be filed by submitting an
application through the City’s online application portal here: https://citizenportal.slcgov.com.Any
appeal, including the filing fee, must be submitted by the close of business on May 9th, 2022.
Dated in Salt Lake City, Utah, this 28th day of April 2022.
Rylee Hall, Principal Planner
Salt Lake City Planning Division
CC:
Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Applicable Recognized Organizations
Posted to Web
File
Attachments:
A. Vicinity map of subject property
B. Documentation submitted by the applicant
C. 1949 City Code sections
D. 1964 City Code sections
E. 1978 City Code sections
F. 1987 City Code sections
G. County records for Single Family Residential Home on the subject property
ATTACHMENT A - Vicinity Map of Subject Property 653 East 200 South (Tax ID #: 16-05-104-
013-0000)
Subject
Property
ATTACHMENT B: Documentation Submitted by Applicant
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Snell & Wilmer
15 WEST SOUTH TEMPLE
surTE 1200
GATEWAY TOWER WEST
SALT LAKE CITY, UT 84101
801.257.1900 P
801.257.1800 F
Jason Boal, AICP
(801) 257-1917
jboal@swlaw.com
February 21,2022
Joel Patterson
Zoning Administrator
Salt Lake City
451 S. State St.- Room 406
Salt Lake City, UT 84111
Re: Administrative Interpretation for parking at 653 E 200 S
Dear: Mr. Patterson
On behalf of the GPR Ventures, LLC, which is under contract to purchase parcels -
16051040160000, 16051040170000, 16051040120000, and 16051040130000, as depicted on
Exhibit A, we would like to submit a request for an Administrative Interpretation of the current
use on parcel 16051040130000. This request is made pursuant to Salt Lake City's Code $
2l A.38.025.A, as adopted.
We are seeking a determination to clariff that the historical and existing use of parking
on this lot may continue. This lot has provided parking to the residential buildings located on
parcels 16051040160000 and 16051040120000 for what appears to be at least seventy (70)
years. The determination that the parking use is a legal non-conforming use and may continue,
will allow the property owner to improve the parking area so that it is not an eyesore. These
improvements will also correct the drainage on the site. Prior to starting this necessary work, we
would like to ensure the use can be permitted to continue, thus we are submitting this request.
As required in City Code $ 21A.38.025.4, we have included the following as attachments
to this petition:
1. Provisions: The specific provision or provisions of this title for which an
interpretation or determination is sought.
2. Facts: The facts of the specihc situation giving rise to the request for an
interpretation or determination.
3. Interpretation: The precise interpretation or determination claimed by the
applicant to be correct.
ALBUQUERQUE BOISE DENVER LAS VEGAS LOS ANGELES LOS CABOS ORANGE COUNTYPHOENIX PORTLAND RENO SALT LAKE CITY SAN DIEGO SEATTLE TUCSON WASHINGTON, D,C,
Snell & Wilmer
Page2
4. Fees: The application shall be accompanied by the applicable fees shown on the
Salt Lake City consolidated fee schedule. The applicant shall also be responsible
for payment of all fees established for providing the public notice required by
chapter 21A.10 of this title.
We have attached the above items to this letter, which further clarifies what provisions
we are requesting be examined, what facts support our request and what determination we seek.
We understand that the City will conduct a thorough review of the adopted provisions, historical
permits and uses as part of this determination process. We are happy to research and/or provide
any other specific information the City would like to include in their review.
We are pleased to have for the opportunity to work with the City through this
determination application. We feel a determination that the parking on parcel 16051040130000
may continue will be in the best interest for the city, the tenants living in the buildings, the
neighbors, as well as the property owner.
Ifyou have any questions or concerns, please feel free to reach out to us.
Respectfully
Boal, AICP & CFM
CC GPR Ventures
Wade Budge
Enclosures:
o Provisions
o Facts
o Interpretation
Snell & Wilmer
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Provisions
The specific provision or provisions of this title for which an interpretation or
determination is sought.
We are seeking a determination to clari$ that the current use of parcel 16051040130000,
which is "off-site parking" for an adjacent multi-family residential structures located at 150
S 700 E and 153-155 S Heather St., is permitted to continue. This use is currently not
identified as a permitted or conditional use in the RMF-35 District. See City Code $
214.33.020. We are seeking an administrative determination that would classiS the use as
a "non-conforming use". See City Code $ 214.38.025
Snell & Wilmer
Facts
The facts of the specific situation giving rise to the request for an interpretation or
determination.
To support the argument that the parking on parcel 16051040130000 is a nonconforming
use, we have included the following specific information.
1. Photograph of the site on January 11,2022. Exhibit B
2. Signed statements from previous property owner. We have included a letter from
the previous property owner, that identifies this being the use of the parcel to at
least 1990. Exhibit C
3. Historical aerial images of the property from the following dates-
a. 1985 Exhibit D
b. 1977 Exhibit E
c. 1973 Exhibit F
d. 1962 Exhibit G
e. 1950 Exhibit H
4. It is also important to note that the parcel is encumbered by the righrof-way for
Heather Ave. (formerly Cottage Park Dr.), which according to deed research was
recorded April2,l94l as Entry N0. 901178 in Book 266 atpage234. Exhibit I
5. Salt Lake City Zoning Ordinance Provisions from 1949 and 1964. Exhibit J
Page 4
Snell & Wilmer
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fnterpretation
The precise interpretation or determination claimed by the applicant to be correct.
We seek an interpretation that will determine that the existing use of parking on parcel
#16051040130000 may continue and that the properly owner may repair and maintain this
parking lot, including paving it.
Snell & Wilmer
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Exhibit A
The legal description for Parcel: 16051040130000
BEG 35.17 FT W FR SE COR LOT 2, BLK 53, PLAT B, SLC SUR; N 165 FT; W 39.08 FT; S
165 FT; E 39.08 FT TO BEG 4795-0629 5461-2895 590r-2639 06210-2186
The as follows:
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Exhibit B
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Exhibit C
Docusign Efivelope lD: 9DF8151C-9901-4074,80E2-F253881308C2
January 10,2022
Glcn Yonckura
Tom Basmajian
843 Castro Street
Mountain View,CA9404l
'lb whom it may concern,
My urrclc was Arno Aposhian vtho passcd arvay in 2009, and my family took ovcr his rcal cstatc
portfolio aftcr his passing. Arno purchascd thc propcrty locatcd at 653 East 200 South in Salt
Lake City (parcel #: 16-05-104.013) in 1990, prior to our owniug it fiom 2009 until we sold ir in
2019. This parccl providcd a parking arca forthc apartmcnts locatcd at 150 South 700 liast, and
to the best of my knowledge, it lvas used exclusively for parking during tlat timo. Amo
maintained the parking lot and driveway on the parcel continuously during his ownership, as did
we during our ownership period.
lfyou havc qucstions about thc use ofthis parcel during my owncrship. plcasc fccl frcc to rcach
mc at (801) 244-5836.
Sincerely,
JENNY LAMBERT
Jenny Lambert
Viva Corporation
Snell & Wilmer
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Exhibit I)
1985 aerial image -
rr
Source - Utah Geologic Survey, Aerial Map Search:
https://imagerv.geoloev.utah.gov/pages/view.php?search:263200&k:&modal:&displav:thumb
s&order by:resourcetype&offset:0&per page:48&archive:&sort:DESC&rest)'pes:1%o2C5o%
2C9Yo2C6oh2C8o/o2C2o/o2CpubcolYo2Cthemes&recentdaylimit:&foredit:&noreload:true&acce
ss:&reF263200
i
I
Title:1985 SLCOLINTY Project Aerial Photograph: l3-4
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Exhibit E
1977 aerial image -
Source- Utah Geologic Survey, Aerial Map Search:
1
8183 111
ylimit:&foredit:&noreload:true&access:&reF26 1 45 9#
Title: 1977 SLCO Project Aerial Photograph:2-46
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Exhibit F
1973 aerial image -
Source- USGS EarthExplorer -
https:/iearthexplorer.usgs.gov/scene/metadata/full/5e83d8e4870fl1473iAR5730013220054/
Title: AR5 73001322005 4
Acquisition Date: 197 3 I 07 I 09
Scale: 32000
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Exhibit G
1962 aerial image -
Source- USGS EarthExplorer -
https://earthexplorer.usgs.gov/scene/metadata/full/5e83d8e4870fi1473/ARl VAF200010073/
Title: ARlVAFZ000 I 0073
Acquisition D ate: I 9 62 I 08 I 02
Scale: 27000
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Exhibit H
1950 aerial image -
Source- Utah Geologic Survey, Aerial Map Search:
hlln s : / / earth ex n I orer -. sov/scene/m etadata/ flull/5 e 8 3 d8e4 8 7 0f4 47 3/AR1LH0000010092/
Title: ARI LH00000 I 0092
Acquisition Date: 1950 l08l0I
Scale: 37400
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Exhibit I
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' 06rr d !ot,?. !1ook 65, qst !6n,-BRft rato C:ty Snney,
ttuso Sdh es f;otl tb@-;i€dt 8qi foot, tbDo€--lofth gg --fcetr thsls Eqst 82r'&st to b:jbaJDE,
&htr ot. lol >l.a
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Snell & Wilmer
Page 15
Exhibit J
Salt Lake City Zoning Ordinance Provisions from 1949 and 1964
We recognrze the importance of establishing the historic nature of the use of parking, in
addition to the need of providing support in the historic zoning ordinances of the use. To
establish the legality of the use, we reviewed the Zoning Ordinances that were applicable 1n
1949 and 1964. Below are the references from those codes that support the establishment of
parking on parcel #16051 040 1 30000.
1949-
In 1949 the parcel in question was zone Residential 4B-2D as shown on the official
zoning map:
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In the ((B-2') district any use permitted in the "A" district were permitted, as well as "all
dwellings, flats, apartment and boarding or lodging houses without stores". See 1949 Zoning
Ordinance - Section 6717.a.In the "A" district any use permitted in the 6(AA" district were
permitted. See I949 Zoning Ordinance - Section 67I 5.a.In the 66,{,{)' district, uses that are
"ordinarily appurtenant to any of the uses listed above, but not involving the conduct of business,
shall be permitted subject to the limitations herein provided." See 1949 Zoning Ordinance -
:a\
a
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CEMETERY
Snell & Wilmer
Page 16
Section 67 I4-A.b. In addition to uses that are an appurtenant to the allowed uses, accessory uses
that are incident to the allowed uses were permitted as well. See 1949 Zoning Ordinance -
Section 6714-A.b.l.
What is important to note, is that uses that are "appurtenant" to an allowed use are
permitted in the zone. So uses that pertain, related or are connected to an allowed use, are also
allowed. This is different and defined differently than a use that is accessory to a primary use.
Parking for a residential structure, whether a single or multi family is clearly connected to or
pertaining to the residential structure. Furthermore, there is no identified limitations in the code
for parking related to a multi-family structure, or single-family structure for that matter.
1964-
In 1964 the code was very clear in permitting parking on a lot that was within 500' of the main
building. The parking lot in question is only 150' (as the crow flies) away from the building it
supports at 150 S 700 E, and adjacent to the structure at and 153-155 S Heather St.
This provision can be found in Section 51-8-3 of the 1964 Salt Lake City Zoning
Ordinance -
FoR BUILDINGS orHER THAN oNE- To FOUR-FAMILY DWELLINGS. For a
new building or structure or for the enlargement or increase in capacity, floor area, ot
guest rooms of an existing main building or structure, there shall be at least one
permanently maintained parking space of not less than one hundred and eighty (180)
square feet on the same lot with the main building or not more than five hundred (500)
feet therefrom as follows:
1. For apartments and motels, one parking space for each unit in such apartment
or motel
All off-street parking areas required by this ordinance shall be deemed to be, required
"open space" whether located on the same lot with the main building or on property
within five hundred (500)feet therefrom and shall not thereafter be reduced or
encroached upon in any manner as long as the business or use to which it is appurtenant
continues unless other areas are obtained to provide the same number of parking spaces
and such change is approved by the Board of City Commissioners.
We did not include a in depth review of the non-conforming provisions of the 1949 an
1964 code, as we believe the code provisions provided clearly establish the legal use of parking
for the multi-family residential structures located at 150 S 700 E and 153-155 S Heather St., on
parcel #16051040130000. However, the nonconforming portions of the code from 1949 to
present, allow the continuation of a use that was once permitted, but is no longer permitted under
the code. As stated, the parking area in connection to the multi-family residential structure was a
legal use under the 1949 and 1964 Salt Lake City Zoning Ordinance.
ATTACHMENT C: 1949 City Code
ATTACHMENT D: 1964 City Code
ATTACHMENT E: 1978 City Code
ATTACHMENT F: 1987 City Code
ATTACHMENT G: County records for Single Family Residential Home on the subject
property
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