PLNZAD2018-00091 - 169 E 200 SAugust 17, 2018
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2018-00091
REQUEST:
A request for an Administrative Interpretation for 169 East 200 South, pertaining to section
21A.48.o6o.E.7 of the Salt Lake City Zoning Ordinance and specifically, to whether a refuse
enclosure and dumpster would be permitted within the park strip along zoo East. The applicant
claims that the referenced section of the Salt Lake City Zoning Ordinance permits refuse
enclosures to be located within a park strip. The subject property is located in the D-1(Central
Business District) zoning District.
DECISION:
The Zoning Administrator finds that section 21A.48.o6o.E.7 may be used to consider the
placement of a refuge enclosure and dumpster within the park strip. However, under
consultation with the Planning Director, the Zoning Administrator denies the specific request
based on the findings listed below.
FINDINGS:
• Section 21A.48.o6o.E.7 of the Salt Lake City Zoning Ordinance, states:
7. Retaining Walls, Fences and Other Similar Structural Encroachments: Retaining
walls, fences, steps, raised planter boxes and other similar structural encroachments
in park strips are only permitted when specifically approved by the engineering
department pursuant to adopted standards and/or recognized engineering principles,
and by:
a. The historic landmark commission if the proposed structure is located within the H
historic preservation overlay district;
b. The planning commission if the proposed structure is part of a development proposal
that requires planning commission approval;
c. The planning director or the planning director's designee if the proposed structure is
not within an H historic preservation overlay district and not part of a development
proposal that requires planning commission approval; or
d. The city council if the proposed structure is part of an adopted improvement district.
Structural encroachments in park strips are generally limited because they may block
access from the street to the sidewalks and create obstructions to, and increase the cost
of performing maintenance of public improvements and utilities within the park strip.
Structural encroachments are not permitted unless the relevant decision making
entities identified in this section find that:
a. The proposed structures will serve the general public and are part of general public
need, or
b. The proposed structures are necessary for the functional use of the adjacent property
(such as a mailbox near the curb, steps or a retaining wall on a sloping site, fence
behind the sidewalk, etc.), and
c. There are no other practical locations for the structure on the adjacent private
property.
Any raised structure or retaining wall shall be set back from the curb by at least twenty
four inches (24 ).
This subsection E7 does not apply to outdoor dining that is subject to section
21A.40.o65 of this title or ground mounted utility boxes governed by section 21A.4o.16o
of this title.
Under section 21A.48.o6o.E.7 the Engineering Division and the Planning Director, or
the Planning Director's designee have the authority to make a decision on this specific
request because this location is not within an H historic preservation overlay district and
is not part of a development proposal that requires planning commission approval.
The proposed request was reviewed by the following:
o Engineering Division — The Engineering Division has no objection provided that
a lease agreement is obtained.
o Public Utilities Department — The Public Utilities Department indicated it would
not allow a permanent wall or enclosure over the top of the 20 inch water line or
sewer line. Even if the request were to be allowed, the Public Utilities Department
stated it would not sign a lease agreement or encroachment permit to construct
this request.
o Transportation Division — The Transportation Division indicated that the
proposal would create a sight obstruction that might be mitigated with the use of
a convex mirror.
Section 21A.48.o6o.E.7 states that structural encroachments in park strips are generally
limited because they may block access from the street to the sidewalk and create
obstructions to, and increase the cost of performing maintenance of public
improvements and utilities within the park strip.
Structural encroachments are not permitted unless the relevant decision making entities
find that:
o The proposed structures will serve the general public and are part of the general
public need. The subject proposal will not serve the general public or satisfy a
general public need.
o The proposed structures are necessary for the functional use of the adjacent
property. The proposed refuse enclosure and dumpster within the park strip are
not necessary for the functional use of the adjacent property.
o There are no other practical locations for the structure on the adjacent private
property. The building at 169 E. 200 South covers the entire parcel and does not
allow for outside storage of a dumpster on the parcel. Refuse storage could be
contained within the building.
In addition to the conflicts with 21A.48.o6o.E.7, the Zoning Administrator also finds that the
proposed dumpster and refuse container location is in direct conflict with the intent of park
strip landscaping. The intent of park strip landscaping includes the following:
21A.48.o6o.A. Intent
"The intent of this section is to provide a palette of allowed plant, organic and/or
natural materials that allow for creative landscaping, maintain a healthy street tree
canopy, and create an attractive pedestrian environment while encouraging actual,
not merely perceptual, water conservation. In many instances, a water wise turf
grass/sod remains the most effective park strip plant material."
The intent of park strip landscaping does not include nor anticipate a refuse enclosure or
dumpster to be located in a park strip. Refuse enclosures and dumpsters are not plant, organic
and/or natural materials and does not create or encourage an attractive pedestrian
environment.
If you have any questions regarding this interpretation please contact Kelsey Lindquist at (8oi)
535-7930 or by email at kelsey.lindquist@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 (io) 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
httD://www.slcg0v.com/Dlanninz/Dlannine-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.
Dated this 171h day of June, 2o18 in Salt Lake City, Utah.
Kelsey Lindquist
Principal Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Greg Mikolash, Development Review Supervisor
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