PLNZAD2022-00941 - 1007 E 1stOctober 12, 2022
ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE
DECISION AND FINDINGS
PLNZAD2022-00941
REQUEST:
This is a request by property owner Michelle Odette and Jordan Nash for a Determination of a
Nonconforming Use regarding the subject property at approximately 1007 E 1st Ave (Tax ID #
09-32-456-015-0000). The applicant is specifically requesting to have the structure recognized
as a legal nonconforming triplex. The subject property has a lot area of approximately 0.39 AC
or 16988 SF, a lot width of approximately 96 FT, and is located in the SR-1A (Special
Development Pattern Residential District) Zone. The SR-1A does not permit multi-family.
DECISION:
Based on the review standards listed in 21A.38.075 and the documentation submitted by the
applicant, the Zoning Administrator approves legalization of the excess dwelling units and
recognizes the structure on the property as a legal nonconforming triplex. 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.
FINDINGS:
The applicant provided evidence that the excess dwelling unit existed prior to April 12, 1995. The
Census and Polk data submitted are dated prior to 1995 and indicate the dwelling contained at
least 3 units. The applicant also provided a signed owner’s affidavit indicating that the excess
units have been continuously occupied as separate units since that time. The documents comply
with the standards of review for unit legalization in section 21A.38.075 of Zoning Ordinance.
Standards for Unit Legalization:
Any request to approve an existing excess unit must comply with the following:
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.
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.
If you have any questions regarding this interpretation, please contact Madison Blodgett 801-
535-7749 or by email at madison.blodgett@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
https://www.slc.gov/planning/applications/ along with information about how to apply and
processing fees.
Madison Blodgett
Associate Planner
CC: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
Applicable Recognized Organizations
Posted to Web
Attachments:
Vicinity map of subject properties
Polk Directories & Census Data
Affidavit
KORRAL BROSCHINSKY
Preservation Documentation Resource
4874 S. Taylors Park Drive
Taylorsville, Utah 84123-4712
(801) 913-5645
email: kbro@kbropreservation.com
Salt Lake City Planning Division
451 South State Street, Room 406
Salt Lake City, UT 84114-5480
June 17, 2022
RE: 1007 E. First Avenue, Salt Lake City, Utah 84103
Residential Dwelling Unit Legalization Documentation
To Whom It May Concern:
I am writing this letter on behalf of Michelle Odette and Jordan Nash, owners of the property at 1007 E. First Avenue in
Salt Lake City. I have been collaborating with the owners on the rehabilitation of the historic building using state and
federal tax credits. The residence was listed on the National Register of Historic Places on August 27, 1980, as a
contributing building in the Avenues Historic District (NRIS #8003915). The building remained contributing when the
Avenues Historic District was amended in 2013. The large house was built in 1892 and subdivided into apartments in
1938. It has been in continuous use as an apartment building since that time. The main floor unit has been occupied by
the property owner for most years. The main and the second floors have a few extant historic features, but most spaces
have been remodeled and updated.
The owners have asked me to provide documentation to show at least three dwelling units existed prior to and after April
12, 1995, as required by the City’s residential dwelling unit legalization ordinance (Salt Lake City Code 21A.52.030). I
am a qualified architectural historian (36 Code of Federal Regulations 61). I have attached a chronological table of sample
years and primary documents that includes number of units. Most entries are for Polk city directories, but census
enumerations, tax assessor’s cards, and a recent appraisal have been included. The records indicate that between 1892
and 1938 building was a large mansion with servants’ quarters, mostly likely in the third floor attic.
In 1938, a new owner converted the large home into four apartments and members of the family occupied the main unit
(#1) until they sold the property in 1953. During this time records indicate four continually occupied units, except for
1950 and 1951 when there are five listings. Between 1953 and 1972, there were four units consistently occupied by
renters. Tax appraisal cards in 1956 and 1963 also confirm four units. New owners began occupying unit #1 after they
purchased the property in 1972. There continued to be four occupied units until 1989 when the owner and a business
are the only listings. Unfortunately, the Polk directories after 1990 do not record the number of units or include notations
such as Vacant or No Return. This can be confusing and also does provide proof that a particular unit was not occupied
during the year in question, primarily because the directory listing is a snapshot of occupancy at a single point each year.
The converted homes in the Avenues Historic District are particularly attractive to university students, which are difficult
to track in the city directories. In most Polk listings after 1995, 1007 E. First Avenue, includes an “Apartments” header
and a single dollar sign ($) is used to indicate the value of each unit, indicating a rental. There are four listings in 1999
and three in 2001, 2010 and 2015. An appraisal prepared in 2020 notes four separate units; however, there were
physically five units each with its own bathroom in 2020 when the property was purchased by the current owners. The
fifth kitchen had been partially removed, which was the reason for enumerating only four units.
Feel free to contact me with any questions. Thank you.
Sincerely,
Korral Broschinsky
Unit Legalization Census & Directory Search 1007 E. First Avenue
YEAR SOURCE UNITS NAMES OWNERS
1894 polk Newell Beeman 1892 Newell Beeman
1900 census servant Benjamin & Kate Caffey, 3 children, 1 servant Newell Beeman
1910 census Anne Davis, 2 sons, no servants 1902 Hoyt Sherman
1920 census servant Claude & Ruth Freed, 2 sons, in-law, 1 servant 1922 Henry/Maude Byrne
1925 polk Henry Byrne 1928
Bothwell-McConaughy
Investment Company 1929 polk Robert E. McConaughy Jr.
1930 census servant Robert & Florella McConaughy, 2 children, 2 servants
1935-36 polk John B. Marks (renter?)/Vacant 1936 Samuel Kelsey
1939 polk 4 Cannon, Vacant, Donald Greenwalt, Sarah Stoker 1938 Quayle Cannon
1940 polk 4 Quayle Cannon, Wm McDonald, Kenneth Allen, Sarah Stoker
1940 census 4 Quayle & Eugenia Cannon, Wm McDonald, Kenneth Allen, Sarah Stoker
1944 polk 4 Quayle Cannon, Charles Vadner, George Soffa, Sarah Stoker
1949 polk 4 Quayle Cannon, Raymond Peterson, Eliz Sardoni, Sarah Stoker
1950 census 5 Quayle Cannon, Elizabeth Sardoni, Thomas & Ramona Fields, Sarah Stoker ,
Ray Peterson
1951 polk 5 Eugenia Cannon, Raymond Peterson, Eliza
Sardoni, Lloyd Faulkner, Sarah Stoker 1953 Hugh C. Brand
1956 polk 4 Eugenia Cannon, Eliza Sardoni, Siegfried Guerther, Alois Hochlechner
1956
1963
tax
assessor 4 1956 and 1963 tax cards record four units (four kitchens and four bathrooms)
1965 polk 4 Yvette Stillman, Raivo Puusemp, Berta Franz, Michael Range
1970 polk 4 Yvette West, Paul Larsen, Bertha Franz,
Jay Hall (first indication of basement unit) 1971 Shaft Corporation
1972 polk 4 Yvette West, Vacant, Bertha Franz, Jay Hall 1972 Jim Webster
1975 polk 4 James Webster, Thomas Nelson, Helen Leopardi, Jill Leonard
1979 polk 4 James Webster, No Return, Jim Rowland, Paul Woyda
1983 polk 4 Webster, Isaac, Craig, Kimball Jim & Janenne Webster
1989 cole 2? Jim Webster, Printer Management System business use?
1995 polk 1? James & Janenne Webster, no other listings Apartments header
1999 polk 4 Webster, Hanson, Kamerath, Cutler also business use
2001 polk 3 Webster, Voss, Cutler Webster Trustees
2002 polk 2 Webster, Hager Apartments header
2006 polk 1? Webster, no other listings Webster Trustees
2010 polk 3 Webster, Orme, Orme Webster Trustees
2015 polk 3 Orme, Moberly, Lucas Webster-Orme Trustees
2020 appraisal 4 lists 4 units (5 baths & 4 plus 1 partial kitchen) property sold to Michelle
Odette & Jordan Nash 2021 1 1 unit occupied while rehabilitation in progress