PLNZAD2019-00201 - 520 N HMarch 27, 2019
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2019-00201
REQUEST:
This is a request for an administrative interpretation regarding whether the property located at
approximately 520 N. H Street (Tax ID#09-31-236-004-0000) is a legal lot in accordance with
the Salt Lake City zoning laws. The purpose of the request is to determine if a single-family
dwelling can be constructed on the property.
DECISION:
The Zoning Administrator finds that the subject property located at approximately 520 N H (Tax
ID#09-31-236-004-0000) is recognized by Salt Lake City as a legal noncomplying lot. Therefore,
a single family detached dwelling could be constructed on the property subject to the
requirements of the applicable SR-1A zoning district and any other applicable approvals and
permits required from other city divisions.
FINDINGS:
The subject property is currently located in the SR-1A (Special Development Pattern Residential)
zoning district and has a total lot area of approximately 4,025 square feet (0.09 acres), and a lot
width of 35 feet. The SR-1A zone requires a minimum lot area of 5,000 square feet for a detached
single family dwelling and a minimum of 50 feet of lot width.
Section 21A.38.060 of the Salt Lake City Zoning Ordinance states the following regarding
noncomplying lots:
A lot that is noncomplying as to lot area or lot frontage that was in legal existence on the
effective date of any amendment to this title that makes the existing lot noncomplying
shall be considered a legal complying lot and is subject to the regulations of this title.
Any noncomplying lot not approved by the city that was created prior to January 13,
1950,may be approved as a legal noncomplying lot subject to the lot meeting minimum
zoning requirements at the time the lot was created and documented through an updated
zoning certificate for the property.
The subject lot was created prior to January 13, 1950. The subject parcel is described as an
individual lot in 1944. The subject parcel is described in a Warranty Deed (#258379 in Book 406
Page 685, also abstracted in book C-16, Page 246, line 22) from Enoch Smith to Herbert A Snow.
The associated deed and abstract are attached to this interpretation. In the 1944 deed, the
property is described as follows:
Beginning at a point 130 feet South of the Northwest corner of Lot 3, Block 146,
Plat “D,” Salt Lake city Survey, and running thence East 115 feet; thence South 35
feet; thence West 115 feet; thence North 35 feet, to the place of the beginning. 130
FT S of the NW corn lot 3, E 115 Ft S35 FT W 115 FT, N 35 FT to beginning,
Together with a perpetual right of way over the following:
Commencing at a point 115 feet South of the Northwest corner of said Lot 3, and
running thence east 20 rods; thence South 15 feet; thence west 20 rods; thence
North 15 feet, to the place of the beginning.
In 1944 the property was zoned Residential A which required a lot area of 3,000 SF for a single
family dwelling. There was not a lot width requirement in 1944. As such, the subject lot met the
minimum zoning requirements at the time the lot was created, which was before 1950.
The current legal description of the property has changed from the legal description in 1944. The
legal description of the property was revised to change the starting point, but both legal
descriptions describe the subject property in its current configuration. The current legal
description of the property is as follows:
COM AT SW COR LOT 3 BLK 146 PLAT D SLC SUR N 35 FT E 115 FT S 35 FT W
115 FT TO BEG.
Since the lot was legally created prior to 1950 and complied with zoning requirements at the time
the lot is considered a legal noncomplying lot. As a legal noncomplying lot, a single-family
dwelling may be constructed on the lot subject to the requirements of the SR-1A zoning district.
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.
Amy Thompson
Senior Planner
CC:
Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Greg Mikolash, Development Review Supervisor
Applicable Recognized Organization – Greater Avenues Community Council Chair
Posted to Web
File
Attachments:
Vicinity map of subject property
1944 Deed & Abstract
Vicinity Map of Subject Property (520 N H Street, Parcel 09-31-236-004-0000)