PLNZAD2018-00062 - 1029 S 800 WFEBRUARY 13, 2018
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS,
PLNZAD2018-00062
REQUEST:
This is a request for an administrative interpretation regarding whether the property located at
approximately 1029 S 800 W (tax ID# 15-11-428-010) is a legal noncomplying lot in accordance
with the Salt Lake City zoning regulations. The purpose of the request is to determine if a principal
building can be constructed on the property.
DECISION:
The Zoning Administrator finds that the subject property located at approximately 1029 S 800 W
Street (tax ID# 15-11-428-010) is not recognized by Salt Lake City as a legal noncomplying lot and
therefore a principal building cannot be constructed on the property.
FINDINGS:
The subject property is currently located in the M-1(Light Manufacturing) zoning district. The lot
has a total area of approximately 6,270 SF and does not have frontage on a public street. The M-
1 zoning district requires a minimum lot area of 1o,000 SF and all lots to front on a public street.
The subject property does not comply with the minimum lot area and frontage requirements of
the M-1 zoning district.
Section 21A.38.o6o of the Salt Lake City Zoning Ordinance states the following regarding
noncomplying lots:
"Any noncomplying Iot not approved by the city that was created on or between
January 13, 1g5o to April 12, 1995, may be approved as a legal noncomplying lot
subject to the lot meeting minimum zoning and subdivision requirements at the
time the lot was created and documented through an updated zoning certificate
for the property."
Based on documents obtained from the Salt Lake County Recorder's Office, the first instance the
subject lot is described as an individual parcel is in 1976. A Waiver of Lien recorded on September
21, 1976, as entry number 2858294 in book 4343 page 281, describes the subject property as
follows:
Com 58 ft N & 136 ft E fr SW cor Lot 15, BIk 8 Five Acre Plat B, BFS N 57ft E 110
. ft S 57ft W YYo ft to beg.
along with the property immediately to west and addressed also as 1029 S 800 W (tax ID#
15-11-428-oo6):
Com 58 ft N fr SW cor Lot 15, BIk 8 Five Acre Plat B, BFS N 57ft E 136 ft S 57ft E
W 136 ft to beg.
Three Deeds of Reconveyance recorded on January 12, 1973, as entries 2511743, 2511744,
and 2511745 in book 3238 pages 38, 39 and 40 show that the two properties were until
then treated as one parcel and described as:
Beginning at point 58 feet North from the Southwest corner of Lot 15, Block 8,
Five Acre PIat `B ; Big Field Survey, and running thence North 57 feet; thence
East 246 feet; thence South 57feet; thence West 136 feet to the point of beginning.
When the lot was created, section 68ir(E) of the Salt Lake City Subdivision Ordinance required
that all lots faced upon a street. There is no record of the lot being approved by Salt Lake City
through the required subdivision process and, because the lot does not meet the minimum zoning
and subdivision requirements in effect at the time it was created, the lot is not found to be a legal
noncomplying lot.
The lot can be combined through a lot consolidation process with the parcel to west, 1029 S Soo
W (tax ID# 15-11-428-oo6), or the parcel to the east,1035 S Soo W (tax ID# 15-11-428-oo9) and
developed in accordance with the permitted uses, bulk, height and setbacks of the M-1 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 (1o) 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
httn://www.slcgov.com/Dlanninz/planning-aDDlications 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.
Mayara Lima
Associate Planner
Salt Lake City Planning Division
CC: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Heather Gilcrease, Development Review Supervisor
Posted to Web
Applicable Recognized Organization
File
Attachments:
Vicinity map of subject property
1976 Waiver of Lien and Abstract
1973 Deeds of Reconveyance and Abstract
■
In the Matter of the Estate of
285�'294
William John Wohlfarth Deceased.
WAIVER OF LIEN
Afton...............................Wohlfarth having submitted to the undersigned a request for a waiver
of lien for inheritance taxes, and having supported orted the same by.......d?i!i.t........ the undersigned
. >ff?-.
in reliance upon the facts contained in the above said document, does hereby waive any and all claims to a
lien for inheritance taxes due to the state of Utah from the estate of the above -named decedent upon the
following described real property situated in........9alt Lake ...........County, State of Utah, to -wit:
Core 58 ft N & 136 ft E fr SW cor Lot 15, Blk 8 Five Acre Plat B,
BFS N 57 ft E 1-10 ft S 57 ft W 110 ft to beg.
Com 58 ft N fr SW cor Lot 15 Blk 8 Five Acre plat B BFS N 57.ft
E 136 ft S 57 ft W 136 ft to beg.
Recorded SEP 21 197j, M.
Request of
KAT19 L. D:XON, Recorde
Salt Lake County, Utah
V gy h { OepuIV
u�•�:,¢ur, aK �w
REF. 1�8triaia Brnrar
Dthis ............21st................................ day of ....... _.......... September...................... _... 19...7.6.....
�,>• ` 4 C « A.� UTAH STATE TAX COMMISSION
r
la g «!L�
(. �t:, t Authorized�Repres the
'!. STATE,Of UTAHSL
.
A"JN17C 'OF SALT LAKE o,
n the .. 2lSt day of ..............September 6 personally appeared before me 1�::.7......,
Charles T. Duggar who, being first duly sworn, did depose and say; W
......................................... +{o
that he is an authorized representative.of the Utah State Tax Commission, a political body of the state of Co
Utah, that he signed the above instrument for and on 'behalf of the said tax commission by order of and
,Irp rA. nt to aresolution of that body, which resolution -is duly entered into the records of the said commission; :.,
�.;\�, rt e- fEjolution duly authorizes him to execute the foregoing instrument for and on behalf of the said tax
Jc1�o9�$nd the above authorized representative acknowledged to me that he, on behalf of said com- ODt UnlliCe L ecu;ed the same.
%COMM1S510N •
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Notary Public
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Residingat Salt Lake City, Utah
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Return to:
William Wohlfarth
1029 South 7th west
Salt Lake City, Utah
DEED OF RECONVEYANCE
I ""` -Z" WESTERN STATES TITLE COMPANY, a corporation of the State of Utah, as Trustee, under
a certain Trust Deed dated February 21, 1963 and executed by William Wohlfarth and Afton G.
Wohlfarth, his wife as Trustor, and recorded Februa ry 27, 1963 in
Book 2021 at Page 635 as Entry No. 1902501 of the records of the Salt Lake County Recorder,
pursuant to a written request of the beneficiary thereunder, does hereby reconvey, without warranty, to the person or
persons legally entitled thereto, the trust property now held by it as Trustee under said Trust Deed, which Trust Deed
covers real property in State of Utah, particularly described as follows:
Beginning at a point 58 feet North from the Southwest
corner of Lot 15, Block 8, Five Acre Plat "B", Big
Field Survey, and running thence North 57 feet; thence
Fast 246 feet; thence South 57 feet; thence West 246
feet to the point of beginning.
JAB! 121973 �:131
At -
_ _ILOCKHART_ COMPt� - ,
Request of -------
Fee'Pald'JE{RADERN ti,.^.RTIN
ecorder, Salt [4, .a nty, Utah
� ,..,.RY...... � ........ Deputy
IN WITNESS WHEREOF, WESTERN STATES TITLE COMPANY, as Trustee, has executed this
Deed of Reconveyance and caused its corporate name and seal to be affixed this 12th day of
January >,.,,.�,,. i9 73.
WESJSTATTITLE COMP NYTrusteByi uthoriz d ign re)
State of •Uta)li1 �.
?,,, • t ae
County o Lkc
c�
On the 12 �klay of j uaX 973, personally appeared before me Floyd B. Jensen
of W-ESTE*IN%'-; �ZFK/X LE COMPANY, who being by me first duly sworn did say that he is the
Vice President C` : —'l)+ aP� •,f�` of said WESTERN STATES TITLE COMPANY, the corporation
that executed tk a foregoing` in tlpt}`r'tZleri as such Trustee and that said instrument was signed in behalf of said corpora- .�
tion by authority of a':r['soluti �"�P=its"v ' of Directors and said Floyd. B. Jensen
acknowledged to me 11 that.' mid-5rperatipri �exjcuted the same as such Trustee.
•C ,• • I'.. l.J E t, , /1 C4
Notary Public �. �� L, Go,,
My Commission Expires: Februar;`Z; 1973 Residing at: Salt LakeCity, Utah
Return to:
William J. Wohlfarth
1029 South 7th West
Salt Lake City, Utah
DEED OF RECONVEYANCE
2k_ e
WESTERN STATES TITLE COMPANY, a corporation of the State of Utah, as Trustee, under
a certain Trust Deed dated February 15, 1968 and executed by William J. Wohlfarth & Afton G.
Wohlfarth, his wife as Trustor, and recorded February 21, 1968 in
Book 2634 at Page 200 as Entry No. 2234589 of the records of the Salt Lake County Recorder,
pursuant to a written request of the beneficiary thereunder, does hereby reconvey, without warranty, to the person or
persons legally entitled thereto, the trust property now held by it as Trustee under said Trust Deed, which Trust Deed
covers real property in State of Utah, particularly described as follows:
Beginning at a point North from the Southwest corner of
Lot 15, Block 8, Five Acre Plat "B", Big Field Survey,
and running thence North 57 feet; thence Fast 246 feet;
thence South 57 feet; thence West 246 feet to the place
of beginning.
R` cOru`u --------JAIL 12 1973,C
97
Request of ..........
WcK AiiruCOMP,4iv_r
!� Fae f';,i;J JF.RADE,aPJ PP,^;m', i I'd
. r1..'.�.YYVrorJ3r, S•flr .C1 V, ll ^h
By
- Deputy
IN WITNESS WHEREOF, WESTERN STATES TITLE COMPANY, as Trustee, has executed this
loconveyance and caused its corporate name and seal to be affixed this 12th day of
q ' ,�' i `'4 i9 73.
' WESTERN STATES TITLE COMPANY
Trustee
By
thorized si$
( l�
State of Utah
KW
County of Salt Lake / CD
GJ
On the 12th day of Jand*V y'. 1973, personally appeared before me Floyd B. Jensen
of WESTvtvk OI'Ajr � I'TLE COMPANY, who being by me first duly sworn did say that he is the
Vice President ............• �� of said WESTERN STATES TITLE COMPANY, the corporation -�
that executed the foregoing' anstrunfe* .as such Trustee and that said instrument was signed in behalf of said corpora- CM
Lion by authority of �a iesolutidn o"l. its •$='A of Directors and said Floyd B. Jensen ^'
acknowledged to me that said'lorporatta�aixecuted the same as such Trustee.
•� C ; t�� Notary Public%J�2 C0
My Commission Expires: ,,�qee ry 2 r7. �/3 Residing at: Salt lake City, Utah
Return to:
William J. Wohlfarth
1029 South 7th West
Salt Lake City, Utah
DEED OF RECONVEYANCE
2k_ e
WESTERN STATES TITLE COMPANY, a corporation of the State of Utah, as Trustee, under
a certain Trust Deed dated February 15, 1968 and executed by William J. Wohlfarth & Afton G.
Wohlfarth, his wife as Trustor, and recorded February 21, 1968 in
Book 2634 at Page 200 as Entry No. 2234589 of the records of the Salt Lake County Recorder,
pursuant to a written request of the beneficiary thereunder, does hereby reconvey, without warranty, to the person or
persons legally entitled thereto, the trust property now held by it as Trustee under said Trust Deed, which Trust Deed
covers real property in State of Utah, particularly described as follows:
Beginning at a point North from the Southwest corner of
Lot 15, Block 8, Five Acre Plat "B", Big Field Survey,
and running thence North 57 feet; thence Fast 246 feet;
thence South 57 feet; thence West 246 feet to the place
of beginning.
R` cOru`u --------JAIL 12 1973,C
97
Request of ..........
WcK AiiruCOMP,4iv_r
!� Fae f';,i;J JF.RADE,aPJ PP,^;m', i I'd
. r1..'.�.YYVrorJ3r, S•flr .C1 V, ll ^h
By
- Deputy
IN WITNESS WHEREOF, WESTERN STATES TITLE COMPANY, as Trustee, has executed this
loconveyance and caused its corporate name and seal to be affixed this 12th day of
q ' ,�' i `'4 i9 73.
' WESTERN STATES TITLE COMPANY
Trustee
By
thorized si$
( l�
State of Utah
KW
County of Salt Lake / CD
GJ
On the 12th day of Jand*V y'. 1973, personally appeared before me Floyd B. Jensen
of WESTvtvk OI'Ajr � I'TLE COMPANY, who being by me first duly sworn did say that he is the
Vice President ............• �� of said WESTERN STATES TITLE COMPANY, the corporation -�
that executed the foregoing' anstrunfe* .as such Trustee and that said instrument was signed in behalf of said corpora- CM
Lion by authority of �a iesolutidn o"l. its •$='A of Directors and said Floyd B. Jensen ^'
acknowledged to me that said'lorporatta�aixecuted the same as such Trustee.
•� C ; t�� Notary Public%J�2 C0
My Commission Expires: ,,�qee ry 2 r7. �/3 Residing at: Salt lake City, Utah
Salt iakP Cmtnty Ahat—ra
Bloch 5 Acre Plat "B", Big Field Survey
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