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PLNZAD2018-01029 - 119 N LJanuary 11, 2019 ADMINISTRATIVE INTERPRETATION DECISION AND FINDINGS PLNZAD2018-01029 REQUEST: A request for an administrative interpretation regarding the status of a property located at approximately 119 North L Street and whether it is a legal noncomplying lot in accordance with Salt Lake City zoning regulations. DECISION: The Zoning Administrator finds that the subject property located at approximately 119 N L Street (Tax ID # 09-32-354-011-0000) is a legal noncomplying lot. The property could be developed with permitted or conditional uses allowed in the SR-1A Special Development Pattern Residential District, subject to meeting the applicable requirements of the district and any other applicable City Code and zoning regulations. Development of this property may require construction and/or extension of public way/street improvements and public utilities by the property owner as part of any building permit approval. FINDINGS: The subject property is currently located in the SR-1A zoning district and the Avenues Local Historic District. It does not meet the existing SR-1A zoning district development standards for minimum lot width. It is also regulated by the H Historic Preservation Overlay district and is subject to the provisions in 21A.34.020. Section 21A.38.060 of the Salt Lake City Zoning Ordinance states the following regarding noncomplying lots: A lot that is noncomplying as to lot area or lot frontage that was in legal existence on the effective date of any amendment to this title that makes the existing lot noncomplying shall be considered a legal complying lot and is subject to the regulations of this title. Any noncomplying lot not approved by the city that was created prior to January 13, 1950, may be approved as a legal noncomplying lot subject to the lot meeting minimum zoning requirements at the time the lot was created and documented through an updated zoning certificate for the property. The property was created prior to January 13, 1950. The applicant provided a deed from 1883 that established the frontage for the property. This was recorded in Book X, Pages 215 and 216 and abstracted in book A6, Page 31, line 18 from Frederick E. Anderson and Charles E. Pomeroy to William Cardwell. The associated deed and abstract are attached to this interpretation (Attachment 1). This property is described as follows: A part of lot four (4) in block thirty one (31) Plat ā€œDā€ Salt Lake City survey beginning at the South East corner of said lot, and running thence North two and one half (2 ½) rods; thence West ten (10) rods, thence South two and one half (2 ½) rods; thence East ten (10) rods to the place of beginning, containing twenty five (25) square rods, and situate in the City and County of Salt Lake, Territory of Utah. The above described property is 30 feet deeper (east to west) than the current property. Subsequent to the transaction above, a part of the lot, 30 feet in depth and 41.25 feet in width was sold in two separate transactions and is now a part of 725 2nd Avenue, the remainder of which is located to the south of the subject property. The property took its current shape and size following these transactions. The first transaction was recorded on September 12, 1924 in Book C-5, Page 216, line 35 from Edith Amelia Cardwell to J. Warren Beless. The abstract is attached to this interpretation (Attachment 2). The property is described as follows: Pt. of Lot 4, Beg. At S.W. cor. of sd. lot; N. 2 ½ rds; E. 1 rd; S 2 ½ rds; W. 1 rd. to beg. Cont. 2 ½ squ. rds. The second transaction was recorded on June 22, 1939 in Book C-15, Page 89, line 9 from Edla L. Lund, a widow, and Fritz Lund, single man to J. Warren Beless. The abstract is attached to this interpretation (Attachment 3). The property is described as follows: Com 8 rd W fr SE cor lot 4, N 2 ½ rd; W 1 rd; S 2 ½ rd to S line lot 4; E 1 rd to beg. In 1939, with the second transaction described above, the property was established with its current dimensions of 41.25 x 135 feet, for a total of 5,569 square feet. Zoning regulations were first adopted by Salt Lake City in 1927. The 1927 Zoning Map designated the subject property as Residential B-2. The 1933 Salt Lake City Building Code established a minimum lot area of 3,000 square feet for a single family dwelling in the Residential B-2 zoning district. As such, the lot was legally created in 1939. Since the lot was legally created prior to 1950 and complied with the zoning requirements at the time, the lot is considered a legal noncomplying lot. As a legal noncomplying lot, a single-family dwelling may be constructed on the lot subject to the SR-1A and H Historic Preservation Overlay district standards. If you have any questions regarding this interpretation please contact Sara Javoronok at (801) 535-7625 or by email at sara.javoronok@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 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 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. Sara Javoronok Senior Planner cc: Nick Norris, Planning Director Joel Paterson, Zoning Administrator Greg Mikolash, Development Review Supervisor Jill Van Langeveld, Greater Avenues Community Council Posted to Web Attachments: 1. 1883 Deed and Abstract 2. 1924 Abstract 3. 1939 Abstract Attachment 1: Vicinity Map of the Subject Property 119 North L Street, Tax ID#09-32-354-011-0000