PLNZAD2022-00217 - 868 S 1100 W
May 23, 2022
ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE
PETITION PLNZAD2022-00217 – Unit Legalization at 868 S. 1100 W.
REQUEST
Tina Huynh and Matthew Vojta, property owners, requested a determination of nonconforming use to
legalize a second unit in the dwelling located at 868 S. 1100 W. (Tax ID # 15-11-177-073-0000). The
subject property is zoned R-2, which permits two-family dwellings on lots with 8,000 square feet or
more in lot area. This property has approximately 6,795 sq. ft. in lot area and therefore, does not
comply with the minimum lot size for the use.
DECISION
The Zoning Administrator finds that the two-family dwelling use of the subject property located at
approximately 868 S. 1100 W. is legal nonconforming in accordance with the provisions of section
21A.38.075 of the Zoning Ordinance. Although a permit for the conversion was applied for,
construction to convert the dwelling was never done and no final inspection was ever completed.
The determination is subject to the following conditions of approval:
1. The unit owner shall allow the City’s Building Office or designee to inspect the dwelling unit to
determine whether the unit substantially complies with the basic life safety requirements as
provided in Title 18, Chapter 18.50, “Existing Residential Housing,” of this code. The inspection can
be scheduled by calling the Civil Enforcement division at (801)535-7225 or email
civilenforcement@slcgov.com.
2. All required corrections indicated during the inspection process must be completed within one year
unless granted an extension by the Zoning Administrator.
STANDARDS OF REVIEW:
A dwelling unit that is proposed to be legalized shall comply with the following review standards for
Unit Legalizations listed in 21A.38.075 of the zoning ordinance:
Standard 1: The dwelling unit existed prior to April 12, 1995. In order to determine whether a
dwelling unit was in existence prior to April 12, 1995, the unit owner shall provide documentation
thereof which may include any of the following:
a) Copies of lease or rental agreements, lease or rent payments, or other similar documentation
showing a transaction between the unit owner and tenants;
b) Evidence indicating that prior to April 12, 1995, the city issued a building permit, business
license, zoning certificate, or other permit relating to the dwelling unit in question;
c) Utility records indicating existence of a dwelling unit;
d) Historic surveys recognized by the planning director as being performed by a trained
professional in historic preservation;
e) Notarized affidavits from a previous owner, tenant, or neighbor;
f) Polk, Cole, or phone directories that indicate existence of the dwelling unit (but not
necessarily that the unit was occupied); or
g) Any other documentation that the owner is willing to place into a public record which
indicates the existence of the excess unit prior to April 12, 1995.
Standard 2: The excess unit has been maintained as a separate dwelling unit since April 12, 1995. In
order to determine if a unit has been maintained as a separate dwelling unit, the following may be
considered:
a)Evidence listed in Subsection B.1 of this section indicates that the unit has been occupied at
least once every five (5) calendar years;
b)Evidence that the unit was marketed for occupancy if the unit was unoccupied for more than
five (5) consecutive years;
c)If evidence of maintaining a separate dwelling unit as required by Subsection B.1 of this section
cannot be established, documentation of construction upgrades may be provided in lieu thereof.
d)Any documentation that the owner is willing to place into a public record which provides
evidence that the unit was referenced as a separate dwelling unit at least once every five (5)
years.
FINDINGS:
The existing dwelling was originally built as a two-family dwelling (“duplex”) in 1902 as documented in
the Salt Lake County Assessor’s records. In 2004, a previous owner obtained a permit with the city to
convert the dwelling into a single-family dwelling. With the permit, a zoning certificate was written to
document that the land use had been changed. However, city records show that the conversion permit
and final inspection were never completed, and the dwelling was never converted. Both units continued
to be rented out as separate units, as shown in Polk Directories that have been submitted by the
applicants.
The evidence provided shows that the two-family dwelling was never abandoned. Because the permit to
convert the dwelling to a single-family dwelling expired without any construction taken place, the permit
and associated zoning certificate are considered void.
APPEAL PROCESS:
Any party aggrieved by a decision of the Zoning Administrator may appeal the decision to the Appeals
Hearing Officer pursuant to the provisions in chapter 21A.16 of the zoning ordinance. 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 specific the decision appealed as the reasons the appellant claims the
decision to be in error. Application 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 and submission process. Appeals may be filed by submitting an application through the
City’s online application portal here: http://citizenportal.slcgov.com. Any appeal, including the filing fee,
must be submitted by the close of business on June 3, 2022.
Diana Martinez, Principal Planner
Salt Lake City Planning Division
CC:
Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Posted to Web
File
Attachments:
A. Vicinity map of subject property
B. Documentation submitted by the applicant
ATTACHMENT A - Vicinity Map of Subject Property 868 S. 1100 W.
ATTACHMENT B: Documentation Submitted by Applicant