PLNZAD2018-00626 - 208 W 900 SAugust 14, 2018
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2018-00626
REQUEST-.
A request for an Administrative Interpretation regarding the required setbacks and stepbacks for
the building proposed for construction by the Spy Hop organization on the vacant parcel at 208
West 900 South (see attached map). The subject parcel is located in the FB-UN2 (Form Based
Urban Neighborhood) zoning district.
DECISION:
The Zoning Administrator finds that the proposed building meets the setback standard because
the subject parcel is not considered to be adjacent to an FB-UN1 zoning district due to an alleyway
separation between it and the FB-UN1 parcels in question. The proposal also meets the standards
for the upper level setback as long as the planned parapet walls are meant to block mechanical
equipment and that no structural element rising above 30' (with the exception of the stairway
towers) are within 15 feet of the edge of the building on the south and east sides.
FINDINGS:
The proposed structure on the subject parcel is to be oriented primarily toward goo South.
Consequently, the south side of the structure adjacent to goo South would be considered the front
yard, the corner side yard would be adjacent to 200 West on the east, The rear yard would be
adjacent to the parcel to the north known as 862 S Jefferson Street, and the interior side yard
would be on the west side directly adjacent to an existing alleyway.
As illustrated on the attached map, the parcel adjacent to goo South and west of the subject parcel
separated by the alley (known by the address 873 S Washington) is within the FB-UN2 zoning
district. The two parcels directly north of it (863 and 869 S Washington) and west of the subject
parcel, however, are zoned FB-UN1,
Per Table 21A.27.050-C of the Salt Lake City zoning code, the required setback for a storefront
building form from the interior side yard is the following;
Minimum of 15' along a side property line adjacent to FB-U1V1 or any residential zoning
district that has a maximum building height of 35' or less, otherwise no setback required
There is not a definition for the word "adjacent" in the Salt Lake City zoning code. In such a
situation, the Merriam -Webster online dictionary (www.merriamn-webster.com) definition is
utilized. The definition for adjacent in that dictionary is:
Y. a :not distant: nearby -the city and adjacent suburbs
b :having a common endpoint or border - adjacent lots - adjacent sides of a triangle
c :immediately preceding or following
a. of two angles: having the vertex and one side in common
Given that there is an alley between the subject parcel and the FB-UN1 parcels to the west of the
proposed development, they are not considered adjacent in that they do not have a common
border ore one side in common. Therefore, the setback requirement listed above does not pertain
along the interior side yard of the subject parcel.
Table 21A.27.050.0 also contains upper level stepback requirements for all building forms;
Buildings shall be stepped back 1 additional foot for every foot of building height above
30' along a side or rear property line adjacent to FB-UNi or any residential zoning
district that has a maximum building height of 35' or less, unless the building is set back
from the property line 45' or more. When a parcel in the FB-UN2 District is separated by
an alley from a parcel in the FB-UN1 District, or any residential zoning district that has
a maximum building height of 35' or less, the width of the alley may be counted toward
the upper level step back
Documents provided with this petition state that the alley is 16' 4" wide and that the setback from
the west property line is 3' 9". Those measurements combine for a total distance of 20' x". The
total height of the building along the western side is reported to be 47' 4". Subtracting 30' from
that height leaves a total of 17' 4" which is less than the total distance of 20' 1" separation from the
parcels on the west side of the alley which puts the proposed height along the western side of the
building in compliance with the standard listed above.
The design standards section of the Form Based Districts chapter of the Salt Lake City zoning code
21A.27.030(C4) also addresses setback requirements:
b. Stepback Requirement: Floors rising above thirty feet (3o') in height shall be stepped
back fifteen (15) horizontal feet from the building foundation at grade for building
elevations that are adjacent to a public street, public trail, or public open space. This
stepback does not apply to buildings that have balconies on floors rising above thirty
feet (3o) in height.
Chapter 21A.62.040 of the Salt Lake City zoning code contains the following definition of alley:
ALLEY: A public or private right of way that affords a service access to abutting
property.
Seeing as alley is a defined term which stands on its' own, it is not considered a street and
consequently, the stepback requirement does not apply to the west side of the building against the
alleyway. However, the stepback requirement does pertain to the south and east side of the
building which front on goo South and 200 West accordingly.
The following is taken from the information submitted with this petition by the applicant:
The building mostly stands 30 feet tall from finish floor to finish floor with a parapet
wall extending the height to 34' 1 ". Stair towers in the northeast and southwest corners
increases the height to 4T 4". In addition, there is a rooftop venue space in the
northwestern corner of the rooftop with the top -of -wall height at 47' 4"•
Given this description, along with submitted drawings, Table 21A.36.020C (Height Exceptions)
is pertinent in that it allows for up to 16 additional feet of height for elevator/stairway towers.
Parapet walls are also allowed up to 5 feet in height if they are for mechanical equipment. The
submitted materials were not clear if the parapet wall was meant to hide mechanical equipment
but if sb, they would also be allowed. Besides the parapet wall and the stairway towers (which are
exempt), there must be at least a 15 foot stepback from the south and east sides of the building.
The submitted plans indicate that this is the case with greater height allowed for the venue space
in the northwest corner.
If you have any questions regarding this interpretation please contact Chris Lee at (801) 535-7706
or by email at chris.lceOi slegov.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
https://www.slc.szov/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.
Christopher Lee
Principal Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Greg Mikolash, Development Review Supervisor
Posted to Web
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