PLNZAD2019-00930 - 343 S 400 E11/04/2019
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2019-00930
REQUEST:
A request by Jordan Atkin, a representative of TAG SLC LLC, the owner of 343 South 400 East, for
an administrative interpretation regarding whether balconies may be included in the overall
calculation of required open space area for a property located at approximately 343 South 400 East
in the R-MU (Residential Mixed Use) zoning district.
DECISION:
The Zoning Administrator finds that within the R-MU zoning district balconies shall not be included
in the calculation of required minimum open space area. In the R-MU district, section 21A.170.G
Minimum Open Space Area specifically states that the open space may take the form of landscape
yards or plazas and courtyards. This standard does not include balconies in the description of areas
allowed to be counted as open space area.
FINDINGS:
The representative of TAG SLC is requesting that the standards found in the zoning districts with
similar open space area requirements and language as the R-MU zoning district be applied to the
subject property located at 343 South 400 East which is within the R-MU zoning district.
All of the Residential Mixed Use (R-MU, R-MU-35, R-MU-45) zoning districts require that no less
than 20% of the lot area is maintained as open space area. While the R-MU-35 and R-MU-45
districts specifically allow balconies to be counted toward the minimum open space area
requirement, the R-MU district does not list balconies as a type of allowable open space.
The R-MU district in the Salt Lake City zoning ordinance qualifies open space area as, “open space
area may take the form of landscape yards or plazas and courtyards, subject to site plan review
approval” (see 21A.24.170.G).
The R-MU-35 and R-MU-45 zoning districts have the same open space area requirement (20% of the
lot area) but describe the qualification of allowable open space area as, “open space area may take
the form of landscaped yards or plazas, balconies and courtyards, subject to site plan review
approval” (emphasis added, see 21A.24.164.F and 21A.168.F).
In 21A.62.040 Definitions of Terms, the definition of “open space” includes, “Any area of a lot which
is completely free and unobstructed from any structure or parking areas. Landscaping, walkways,
uncovered patio areas, light poles and other ornamental features shall not be considered as
obstructions for purposes of this definition. Driveways that provide access to parking lots shall not
be considered as an obstruction subject to the driveways not exceeding twenty percent (20%) of
any required yard area that they provide access through”.
Whereas the qualifications of open space area in the R-MU district specifically include landscaped
yards, plazas, and courtyards it does not include balconies, nor are balconies included in the
definition of open space area which also applies to the R-MU zone. The R-MU-35 and R-MU-45
zoning districts specifically include balconies as calculable for open space areas which is applicable to
just those zoning districts.
Therefore, because the R-MU zoning district itemizes specific structures which are identified and
defined as open space area structures, such as balconies, which have not been specifically identified
as open space area in in 21A.170.G cannot be considered and calculated as part of the required
minimum open space area requirement.
If you have any questions regarding this interpretation, please contact Nannette Larsen at (801) 535-
7645 or by email at nannette.larsen@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
http://www.slcgov.com/planning/planning-applications along with information about the applicable
fee. Appeals may be filed in person or by mail at:
In Person:
Salt Lake City Corp
Planning Counter
451 S State Street, Room 215
Salt Lake City, UT
US Mail:
Salt Lake City Corp
Planning Counter
PO Box 145471
Salt Lake City, UT 84114-5417
Dated this 11th day of November, 2019.
Nannette Larsen
Principal Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Greg Mikolash, Building Services
Applicable Recognized Organizations
Posted to Web – Zoning Interpretations