PLNZAD2019-00559 - 856 S West TempleJuly 2, 2019
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2019-00559
REQUEST:
This is a request for an administrative interpretation of 21A.27.030.C.10
regarding the intent of the ordinance language in reference to residential
balcony requirements and what constitutes a street facing residential unit. The purpose of the
request is to determine if four feet (4’) balconies would be required on the east facade of the West
Temple Micro Apartments.
Section 21A.37.030.C.10 of the Salt Lake City Zoning Ordinance states the following regarding
residential balconies in the FB-UN2 zone:
Residential Balconies: All street facing residential units above the ground floor or level
shall contain a usable balcony that is a minimum of four feet (4') in depth. Balconies may
overhang any required yard.
DECISION:
The Zoning Administrator finds that the residential units in the West Temple Micro Apartments
that abut the West Temple street right-of-way are street facing residential units. Therefore,
residential units above the ground floor would be required to contain a usable balcony that is a
minimum of four feet (4’) in depth and the balconies may overhang any required yard. Although
the ordinance requires balconies for street facing residential units, the language does not explicitly
state that the balconies must be located on the street facing façade, in this case, the east facade.
Therefore, the Zoning Administrator finds that the useable balconies with a minimum depth of
four feet (4’) for the street facing residential units of this development may be located on the front
façade (east facing) or on the façade facing the side lot lines (north or south facades).
FINDINGS:
1. Definition of a Street
The subject property is located in the FB-UN2 (Form Based Urban Neighborhood) zoning district.
The subject property borders West Temple to the east, an alleyway to the west, and is bound by
two private properties to the north and south.
Section 21A.62 of the Salt Lake City Zoning Ordinance defines a street as:
STREET: A vehicularway which may also serve for all or part of its width as a way for
pedestrian traffic, whether called street, highway, thoroughfare, parkway, throughway,
road, avenue, boulevard, lane, place, alley, mall or otherwise designated.
STREET FRONTAGE: All of the property fronting on one side of the street between
intersecting streets, or between a street and a waterway, a dead end street, or a political
subdivision boundary, and having unrestricted vehicular and pedestrian access to the
street. For the purpose of regulating signs or flags, "street frontage" means an entire lot
fronting on a portion of the street.
Any word not defined in the Zoning Ordinance shall be defined in Webster’s Collegiate Dictionary
(see 21A.62.010). The Webster’s Collegiate Dictionary defines facing as 1. located directly across
from something: opposite and 2. having the front oriented toward a specified direction or
location - usually use in combination. Therefore, the residential units on the east façade are
directly across from West Temple and are considered street facing.
According to the above definitions, West Temple is considered a street and the residential units
adjacent to West Temple are considered to be street facing. The interior walkways for each
building would not be considered streets under the Salt Lake City Zoning Ordinance.
2. Intent of Ordinance
Using Section 21A.27.030: Building Configuration and Design Standards as a guide, Planning
Staff interprets that the intent of the ordinance is to keep the residential character and scale of the
neighborhood oriented toward the street while allowing for an increase in building scale. Although
the majority of the West Temple Micro Units do not directly front the street (West Temple), those
units on the east façade should be designed as street facing units to activate the street.
It is of the opinion of Staff that the standards outlined below intend to ensure that buildings
incorporate design elements that eliminate long stretches of blank, inactive exterior walls, as well
as to integrate components in building designs that offer safety and seasonal protection to
pedestrians to encourage pedestrian activity along the street. The number and location of
entrances, the size and distribution of windows, building setbacks from the street, landscaping,
along with building design elements such as lighting and balconies, all contribute to the
pedestrian experience.
21 A.27.30: Building Configuration and Design Standards
A. Specific Intent Of Configuration And Design Standards:
1. Design Related Standards: The design related standards are intended to do the
following:
a. Implement applicable master plans;
b. Continue the existing physical character of residential streets
while allowing an increase in building scale along arterials and
near transit stations;
c. Focus development and future growth in the city along arterials and near
transit stations;
d. Arrange buildings so they are oriented toward the street in a
manner that promotes pedestrian activity, safety, and
community;
e. Provide human scaled buildings that emphasize design and
placement of the main entrance/exit on street facing facades;
f. Provide connections to transit through public walkways;
g. Provide areas for appropriate land uses that encourage use of public
transit and are compatible with the neighborhood;
h. Promote pedestrian and bicycle amenities near transit facilities to
maximize alternative forms of transportation; and
i. Rehabilitate and reuse existing residential structures in the form based
zoning districts when possible to efficiently use infrastructure and natural
resources, and preserve neighborhood character.
3. Interpretation of Ordinance Language
Although the intent of the ordinance is clear, the language of Section 21A.37.030.C.10 does not
adequately reflect this intent, particularly due to the word “any”, as highlighted below. A strict
interpretation of the ordinance language would allow the four feet balcony requirement to be met
over any required yard.
21A.37.030.C.10 Residential Balconies: All street facing residential units above the
ground floor or level shall contain a usable balcony that is a minimum of four feet (4') in
depth. Balconies may overhang any required yard.
4. Usable Balcony
The Webster’s Collegiate Dictionary defines usable as 1. capable of being used, and 2. convenient
and practical for use. Following this definition, the application of usable would be on a case-by-
case basis, depending on elements such as the door placement leading to the balcony. In this
specific case, it is determined that in order for the balconies to be considered usable, the four feet
(4’) depth should be measured from the north or south façade and not from West Temple.
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 at the Planning Counter, 451 South State Street,
Room 215 or by mail at Planning Counter PO BOX 145471, Salt Lake City, UT 84114-5471.
NOTICE:
Please be advised that a determination finding a particular use to be a permitted use or a
conditional use shall not authorize the establishment of such use nor the development,
construction, reconstruction, alteration, or moving of any building or structure. It shall merely
authorize the preparation, filing, and processing of applications for any approvals and permits
that may be required by the codes and ordinances of the City including, but not limited to, a zoning
certificate, a building permit, and a certificate of occupancy, subdivision approval, and a site plan
approval.
Kristina Gilmore
Principal Planner
CC:
Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Greg Mikolash, Development Review Supervisor
Applicable Recognized Organization – Ballpark/ Central 9th Community Council Chair
Posted to Web
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Vicinity Map of Subject Property
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