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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