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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