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PLNZAD2019-00005 - 615 N CatherineJanuary 14, 2019 2018 ADMINISTRATIVE INTERPRETATION DECISION AND FINDINGS PLNZAD2019-00005 REQUEST: This is a request for an administrative interpretation regarding whether the property located at approximately 615 N Catherine Circle (tax ID#08-34-226-006) is a legal complying 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 615 N Catherine Circle (tax ID#08-34-226-006) is recognized by Salt Lake City as a legal complying lot and therefore a single family detached dwelling could be constructed subject to all applicable zoning regulations. FINDINGS: The subject property is currently located in the R-2 (Single- and Two-Family Residential) zoning district. The lot has a total area of approximately 3,450 square feet and lot width fronting a public street of 25 feet. The R-2 zoning district requires a minimum lot area of 5,000 square feet and a minimum lot width of 50 feet. The subject property does not comply with the minimum lot area and the minimum lot width of the R-2 zoning district and therefore is noncomplying. 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 parcel was created on October 13, 1890 as Lot 9, Block 4 of the Waverly Subdivision. The property has increased in size after Salt Lake City deeded a vacated portion of Catherine Street to the property owner on May 5, 2009. This made the lot more conforming but it still does not meet the minimum lot size. Zoning regulations were first adopted by Salt Lake City in 1927. Thus, at the time of the creation of this lot, there were no city regulations related to lot width or lot size. Based on the provision in 21A.38.060, this lot is a legal noncomplying lot. Documents obtained from the Salt Lake County Recorder’s Office shows no evidence that the subject property was ever combined with another parcel or any other significant changes except as indicated above. If you have any questions regarding this interpretation please contact Mayara Lima at (801) 535- 7118 or by email at mayara.lima@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 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. Mayara Lima Principal Planner cc: Nick Norris, Planning Director Joel Paterson, Zoning Administrator Greg Mikolash, Development Review Supervisor Posted to Web Applicable Recognized Organizations Mayararrrrrr Lima Vicinity Map 15 0 0 W e s t st 600 N 14 0 0 W e s t Ca t h e r i n e C i r Ca t h e r i n e S t