PLNZAD2018-00245 - 48 E 1700 SMay 25, 2018 ! ryy
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2018-00245
REQUEST:
A request by Paul Svendsen for an administrative interpretation regarding whether a proposed
project consisting of two buildings containing two dwelling units each (four units in two
buildings) is allowed as "multi -family" in the CC, Commercial Corridor, zoning district. The
property proposed for such use is located at approximately 46 E 1700 South.
DECISION:
The Zoning Administrator finds that because the definition of dwelling, two-family, is included
in the zoning ordinance separately from the definition of dwelling, multi family, the proposed
use constitutes two separate two-family dwellings and is not considered multi -family. Although
there are four dwelling units proposed for the site in two buildings, the ordinance specifically
defines multi -family as a building with three or more units (not two or less). Table
21A.33.030:TABLE OF PERMITTED AND CONDITIONAL USES FOR COMMERCIAL
DISTRICTS specifically permits multi -family dwellings, but does not permit two family
dwellings in the CC zoning district.
Additionally; the term "condominium" refers to an ownership category, not a building style or
land use type. A two-family dwelling may consist of a two unit condominium (two condominium
units and common space) as well as a duplex (one lot) or twin -home (two lots). Multi -family
buildings may also be of single ownership of all units or condominium ownership of individual
units or other variations of ownership.
FINDINGS:
As described by the applicant, the proposed principal use of the property involves two two-family
dwellings.
"Multi -family dwelling" is listed as a permitted use in the land use tables for the CC, Commercial
Corridor, zoning district. That use is defined in section 21A.62 of the zoning ordinance as follows:
DWELLING, MULTI -FAMILY: A building containing three (3) or more dwellings on a single
lot. For purposes of determining whether a lot is in multiple family dwelling use, the
following considerations shall apply:
A. Multiple family dwelling uses may involve dwelling units intended to be rented and
maintained under central ownership or management, or cooperative apartments,
condominiums and the like.
B. Any multiple family dwelling in which dwelling units are available for rental or lease
for periods of less than one month shall be considered a hotel/motel.
"Two-family attached dwelling" and "twin home dwelling" are NOT listed as a permitted uses in
the land use tables for the CC, Commercial Corridor, zoning district. Their use is defined in section
21A.62 of the zoning ordinance as follows:
DWELLING, TWIN HOME AND TWO-FAMILY. A building containing one dwelling
separated from one other dwelling by a vertical party wall. Such a dwelling shall be located
on its own individual lot.
DWELLING, TWO-FAMILY: A detached building containing two (2) dwelling units on a
single lot.
The use described by the applicant involves two proposed side by side structures of two dwelling
units each. While the proposed density is four units on a single lot, as proposed they most closely
resemble multiple two-family dwellings, not multi -family. Furthermore, since two-family is not
listed as a permitted use in the CC Commercial Corridor zoning district, the Planning Commission
does not have the authority to allow a building type or use not permitted in the underlying zoning
district.
Multi -family dwellings are a permitted in the CC. Commercial Corridor zoning district. Therefore
if the design is modified to involve one or more buildings of three or more units each and/or the
two two-family building are connected with substantial architecture that they are defined as one
building for building code, they would be an allowed multi -family dwelling. Assuming all other
zoning requirements are met. A Building Connection is defined as: Two (2) or more buildings
which are connected in a substantial manner or by common interior space including internal
pedestrian circulation. Where two (2) buildings are attached in this manner, they shall be
considered a single building and shall be subject to all yard requirements of a single building.
Determination of building connection shall be through the site plan review process.
Any use interpretation is subject to the following standards in section 21A.12.050:
A. Any use defined in chapter 21A..62 of this title, shall be interpreted as defined;
Finding: The uses "Dwelling, two-family", "Dwelling, twin home" and "Dwelling,
multi -family" are defined in 21A.62.04o Definition of Terms and noted above.
B. Any use specifically listed without a "P" or "C" designated in the table of permitted
and conditional uses for a district shall not be allowed in that zoning district;
Finding: Multi -family use is listed with a "P" tirithin the CC district in the Table of
Permitted and Conditional Uses for Commercial Districts and therefore is a permitted
use. However two-family and twin home uses are not listed as permitted or
conditional uses in the CC district and therefore are not allowed.
C. No use interpretation shall allow a proposed use in a district unless evidence is
presented demonstrating that the proposed use will comply with the development
standards established for that particular district;
Finding: While residential uses in general are permitted in the CC zoning district, not
all forms of residential units or all levels of density are permitted. As proposed, the
development includes 2 two-family dwellings, which are not permitted in the CC
district. It is the format of two duplex/two-family buildings, rather than a multi -family
building with three or more units, that is not permitted.
D. No use interpretation shall allow any use in a particular district unless such use is
substantially similar to the uses allowed in that district and is more similar to such
uses than to uses allowed in a less restrictive district;
Finding: As noted above, a multi -family residential use on the site is specifically listed
and defined as permitted and two-family developments are specifically not listed as
permitted in the CC zoning district. If the proposed structures were redesigned to meet
the multi -family definition, they would be allowed.
E. If the proposed use is most similar to a conditional use authorized in the district in
which it is proposed to be located, any use interpretation allowing such use shall
require that it may be approved only as a conditional use pursuant to chapter
21A.54 of this title; and
Finding: The proposed design most closely resembles two two-family dwellings,
which is not listed as either a permitted or conditional use in the CC district.
Connecting the two buildings in a substantial manner to create a three or more unit
building would be allowed as a permitted use.
F. No use interpretation shall .permit the establishment of any use that would be
inconsistent with the statement of purpose of that zoning district.
Finding: The CC zoning district has the following purpose statement:
"The purpose of the CC corridor commercial district is to provide an environment
for efficient and attractive commercial development with a local and regional
market area along arterial and major collector streets while promoting
compatibility with adjacent neighborhoods through design standards. This
district provides economic development opportunities through a mix of land uses,
including retail sales and services, entertainment, office and residential. Safe,
convenient and inviting connections that provide access to businesses from public
sidewalks, bike paths and streets are necessary. Access should follow a hierarchy
that places the pedestrian first, bicycle second and automobile third. This district
is appropriate in areas where supported by applicable master plans. The
standards are intended to promote a safe and aesthetically pleasing environment
to all users.
The purpose statement supports residential use as a generally accepted part of a
broader mix of land uses, but the details of the zoning district do not allow all formats
of residential use; two-family structures are not listed as permitted. The CC zoning
district is generally intended to be of more intense use or higher density than low
density residential neighborhoods where single and two family structures are allowed.
In summary: Residential uses are permitted in the CC zoning district only when configured as a
specific residential use listed as a permitted or conditional use in the Table of Permitted and
Conditional Uses for the Commercial District. Two-family dwellings are specifically not a listed
permitted format and the proposed four units should be designed to constitute a multi -family
building, rather than two two-family structures, in order to be a permitted land use.
If you have any questions regarding this interpretation please contact Doug Dansie at (8oi) 535-
6182 or by email at doua.dansie(a7slcgov.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 (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
httD://www.slcF-ov.com/Dlanning/Dlannin€z-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.
Doug Dansie
Senior Planner
Attachment
1. Application
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Heather Gilcrease, Development Review Supervisor
Posted to Web
Applicable Recognized Organizations
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Administrative Interpretation
OFFICE USE ONLY
Project ##: Received By: Date Received: Zoning:
:PLNZ D J�� W215 Rw\ I /►o j (13 CC
Project Name:
PLEASE PROVIDE THE FOLLOWING INFORMATION
Address of Subject Property:
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Name of Applicant: Pho
Address of Applicant:
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E-mail of Applicant: Cell/Fax:
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Applicant's Interest in Subject Property: VO
❑ Owner ❑ Contractor ❑ Architect Other:
Name of Property Owner (if different from applicant):
E-mail of Property Owner: Phone:
Proposed Property Use:
Please note that additional information may be required by the project planner to ensure adequate
information is provided for staff analysis. All information required for staff analysis will be copied and
made public, including professional architectural or engineering drawings, for the purposes of public
review by any interested party.
ONO AVAILABLE CONSULTATION
t Planners are available for consultation prior to submitting this application. Please call (801) 535-7700 if
you have any questions regarding the requirements of this application.
WHERE TO FILE THE COMPLETE APPLICATION
Mailing Address: Planning Counter in Person: Planning Counter
PO Box 145471 451 South State Street, Room 215
Salt Lake City, UT 84114 Telephone: (801) 535-7700
REQUIRED FEE
Filing fee of $63, an additional $61 per hour will be charged if research extends beyond first hour.
SIGNATURE
If applicable, a notarized statement of consent authorizing applicant to act as an agent will be required.
Signature of Owner or Agent: Date:
Updated 7/1/17
SUBMITTAL REQUIREMENTS
3
a
m
Please provide the following information (attach additional sheet/s as necessary)
Yla. The provision(s) and section number(s) of the Zoning Ordinance for which an interpretation is sought.
b. The facts of the specific situation giving rise to the request for an interpretation.
0 0 c. The precise interpretation the applicant believes to be correct.
0 Z d. When a Use Interpretation is sought:
• Please state what use classification you think is most similar to your proposed use.
• Please provide a complete description of your proposed use and how you feel it will be
compatible with the Zoning District. Include any documents or information that you feel
would be helpful in making an interpretation.
INCOMPLETE APPLICATIONS WILL NOT BE ACCEPTED
Updated 7/1/17
PI-5 I acknowledge that Salt Lake City requires the items above to be submitted before my application can be
processed. I understand that Planning will not accept my application unless all of the following items are
included in the submittal package.
Updated 7/1J17
April 9, 2018
Joel Paterson
Zoning Administrator
Salt Lake City Corporation
451 S. State St.
Salt Lake City, UT 84111
Dear Joel,
I am in the final stages of purchasing the property located at 48 E 1700, SLC, UT 84115
(I will close on the property on April 13). 1 plan to demolish the existing single-family
residence and build a four -unit condominium development on the parcel. The zoning of
the parcel is CC. Multi -family dwellings are a permitted use in the CC zone.
This is a request for an administrative interpretation of the definition of a multi -family
dwelling, which is found at 21 A.62.040:
DWELLING, MULTI -FAMILY: A building containing three (3) or more dwellings on
a single lot. For purposes of determining whether a lot is in multiple -family
dwelling use, the following considerations shall apply:
A. Multiple -family dwelling uses may involve dwelling units intended to be rented
and maintained under central ownership or management, or cooperative
apartments, condominiums and the like.
B. Any multiple -family dwelling in which dwelling units are available for rental or
lease for periods of less than one month shall be considered a hotel/motel.
I am requesting that the definition a multi -family dwelling be interpreted to include a
four -unit condominium complex that is broken into two separate two -unit buildings, as
opposed to a single four -unit building. Site plans showing both configurations are
attached. The preferred option is labelled as Option 1.
This request rests on the following arguments:
(1) Based on the feedback I received at a recent DIRT meeting concerning this project,
there appears to be no question that Salt Lake City's definition of a multi -family
dwelling includes a four -unit townhouse -style condominium development that is
constructed as a single building. If this is the case, it seems odd and arbitrary that
the definition would exclude a four -unit townhouse -style condominium development
that is broken into two buildings. The two schemes are functionally
indistinguishable. But the two -unit configuration offers dramatically more
opportunities for architectural interest and fenestration, better access to natural light
for the condominium occupants, and a significantly less blocky, monotonous
streetscape. Spreading the four units between two buildings is more expensive for
me as the developer, but it would seem to be a preferable option for both the
neighborhood and the condominium owners.
(2) The definition is ambiguous. It states that a multi -family dwelling is "a building
containing three (3) or more dwellings on a single lot," with the reference to "a
building" seeming to indicate a single structure. But in the next paragraph it goes on
to say that a multi -family dwelling "may involve ... condominiums and the like,"
without any reference to or limitation on the number of structures in the
condominium development.
This creates an ambiguity. Under a recently passed provision of the Municipal Land
Use, Development and Management Act, such ambiguities must be resolved in favor
of the applicant. See UCA 10-9a-306 ("If a land use regulation does not plainly
restrict a land use application, the land use authority shall interpret and apply the
land use regulation to favor the land use application").
The administrative interpretation I am requesting is extremely limited in nature. The
impacts will not be far-reaching; in fact, I would expect it to have very few applications
beyond this particular property. But to the extent it is applied in the future, I think the
impact will be entirely positive, by providing improved living conditions for condominium
occupants and more interesting, permeable, and pedestrian -scale streetscapes for their
neighbors.
Thanks for your consideration of this matter. Please contact me if you need any
additional information.
Best regards,
Paul Svendsen
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