PLNZAD2018-00218 - 1876 E HerbertMay 23, 2018
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
Petition #PLNZAD2018-00218
REQUEST:
A request for an Administrative Interpretation regarding the front and rear yard setback
requirements for a new house to be constructed at 1876 E Herbert Avenue. The property is
zoned R-1/7,000 and is subject to the Yalecrest Compatible Infill Overlay district (YCI). The
applicant believes there is a conflict between the front yard setback requirements in sections
21A.24.060.E.1 for the R-1/7,000 versus 21A.34.120.D in the YCI. The lot at 1875 E Herbert
Avenue is also described as Lot 2, Block 3 of the Yalecrest Heights, a subdivision which was
recorded in 1938. This subdivision plat includes a "Building Limit Line" and an "Outbuilding
Limit Line" for each lot. The questions asked in this Administrative Interpretation request are:
• Does the Building Limit Line established by the subdivision plat determine the
front yard setback or does the YCI minimum front yard standard prevail under
the provision of 21A.34.010.A? This provision states that whenever there is a
conflict between the regulations of a base zoning district and those of an overlay
district, the overlay district regulations shall control?
• Does the Outbuilding Limit Line establish the rear yard setback or does the
minimum rear yard standard of the R-1/7,000 district prevail?
DECISION:
The Zoning Administrator finds that the front yard setback established by the Building Limit
Line on the Yalecrest Heights subdivision plat prevails, and therefore, the minimum front yard
setback for the subject property is thirty-five (35) feet. The minimum rear yard setback for this
lot is twenty-five (25) feet as required by the R-1/7,000 district (21A.24.060.EA). The
Outbuilding Limit Line on the subdivision plat does not establish a rear yard setback for the
principal building; it was intended to define the area where an accessory building, such as a
detached garage, could be located on the lot.
FINDINGS:
• The sections of the Salt Lake City ordinance which are being interpreted are as
follows:
21A.34.010: GENERAL PROVISIONS:
A. Statement Of Intent: An overlay district is intended to provide supplemental regulations
or standards pertaining to specific geographic features or land uses, wherever these are
located, in addition to "base" or underlying zoning district regulations applicable within
a designated area. Whenever there is a conflict between the regulations of a base zoning
district and those of an overlay district, the overlay district regulations shall control.
Page 1
21A.34.120: YCI YALECREST COMPATIBLE INFILL OVERLAY DISTRICT:
D. Front Yard Requirements: The minimum front yard shall be derived by measuring the
front yards (the open, unoccupied, landscaped space between the front building lines of
all developed properties) fronting the same side of the street within three hundred feet
(300') of the subject property but in no case shall the measurements extend across
intervening streets. The minimum required front yard shall be equal to the average of the
smallest fifty percent (50%) of front yards measured. For example, if ten (10) developed
properties are located along the same side of the street within three hundred feet (300')
of the subject property, the required minimum front yard is equal to the average of the
five (5) (10 x 50% = 5) smallest front yards.
21A.24.060: R-1/7,000 SINGLE-FAMILY RESIDENTIAL DISTRICT:
E. Minimum Yard Requirements:
1. Front Yard: The minimum depth of the front yard for all principal buildings shall be
equal to the average of the front yards of existing buildings within the block face.
Where there are no existing buildings within the block face, the minimum depth shall
be twenty feet (20'). Where the minimum front yard is specified in the recorded
subdivision plat, the requirement specified on the plat shall prevail. For buildings
legally existing on April 12, 1995, the required front yard shall be no greater than the
established setback line of the existing building.
• The property is located in the Yalecrest Heights subdivision which was recorded in
the Salt Lake County Recorder's Office on March 10, 1938.
• The Yalecrest Heights subdivision plat includes a Front Building Line for each lot in
the subdivision. This line establishes the minimum front yard setback for each lot.
The subdivision plat indicates that the subject lot has a Building Limit Line of 35 feet
behind the front property line.
• The Yalecrest Heights subdivision plat includes an Outbuilding Limit Line for each
lot in the subdivision. The Outbuilding Limit Line does not establish a rear yard
setback for the principal building. This line was intended to limit the location of
accessory buildings toward the rear of the lot. For the subject lot the Outbuilding
Limit Line is 40 feet from the rear property line.
• The R-1/7,000 district includes multiple provisions to determine the minimum front
yard. Clearly, the front yard averaging provisions of the R-1/7,000 and the YCI
conflict because the number of properties used to calculate the average setback
differs. As such, when averaging is the only regulation that applies in determining
the minimum front yard, the YCI regulation would prevail based on 21A..34.010.A.
However the subject property was created by a recorded subdivision which includes
a "Front Building Line" which established a 35 foot front yard for the subject lot.
Under the regulations of the R-1/7,000 district, a front yard setback established by a
subdivision plat prevails over the calculation of the average front yard. There is no
conflicting language regarding subdivision plats establishing the minimum front
yard in the YCI.
Page 2
Utah case law provides direction in determining whether the minimum front yard
requirements of the R-1/7,000 and the YCI districts conflict. Taghipourv. Jerez, 52
P.3d 1252 (Utah 2002) is instructive in a case where there seems to be a conflict in
the operation of separate regulations. There, the Supreme Court of Utah held that:
VVhen two statutory provisions purport to cover the same subject, the legislature's
intent must be considered in determining which provision applies. Jensen v. IHC
Hosps .. Inc., 944 P.2d 327, 331(Utah1997). To determine that intent, our rules of
statutory construction provide that "when two statutory provisions conflict in their
operation, the provision more specific in application governs over the more general
provision." [Citation omitted].
Thus, where the R-1/7,000 zoning district addresses the controlling effect of a plat-
established setback and the YCI overlay district regulations do not, the specific R-1/7,000
regulations calling out the preemptive effect of the plat shall prevail over the YCI district's
more general conflict provision.
• The applicant requested a front yard setback requirement of 31' 6'', which was
calculated using the YCI minimum front yard requirements. The applicant stated
that Salt Lake City applied the YCI minimum front yard standard for three other lots
when issuing building permits on the same block and in the same subdivision as the
subject lot instead of requiring the setback recorded on the plat.
• If the City has issued building permits in error, those errors do not guide future
decisions nor should the City ignore the standards of the Zoning Ordinance when
reviewing new building permit applications.
If you have any questions regarding this interpretation please contact Anna Anglin at (801) 535-
6050 or by email at anna.anglin@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 ofthe 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 Citv, UT
Page 3
US Mail:
Salt Lake City Corp
Planning Counter
PO Box 145471
Salt Lake Cihr, 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.
~~ Anna Anglin
Principal Planner
Attachments:
Yalecrest Heights Subdivision Plat
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Orion Goff, Building Services Director
Posted to Web
Applicable Recognized Organizations
Page 4