PLNZAD2018-00130 - 170 W 600 NMarch 27, 2018
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2018-00130
REQUEST:
This is a request for an administrative interpretation regarding whether the property located at
approximately 170 W 600 North (Tax ID#08-36-228-016-0000) is a legal noncomplying lot in
accordance with the Salt Lake City zoning laws. The purpose of the request is to determine if a
single-family dwelling can be constructed on the property.
DECISION:
The Zoning Administrator finds that the subject property located at approximately 170 W 600
North (Tax ID#08-36-228-016-0000) is recognized by Salt Lake City as a legal complying lot.
Therefore a single family detached dwelling could be constructed on the property subject to the
requirements of the applicable SR-1A zone and the Historic Preservation Overlay District.
FINDINGS:
The subject property is currently located in the SR-1A (Special Development Pattern Residential)
zoning district and has a total lot area of approximately 5,192 square feet (0.1192 acres). The SR-
1A zone requires a minimum lot area of 5,000 square feet for a detached single family dwelling
and a minimum of 50 feet of lot width. The subject property complies with the minimum lot area,
but does not comply with the minimum lot width (lot frontage) requirement as it has a lot width
of approximately 42.4 feet.
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 subject parcel is described as an
individual lot in 1904. The subject parcel is described in a Warranty Deed (#181710 in Book 6Q
Pages 219-220) from George F Adkins et. al, to Earnest B Adkins. The associated deed is attached
to this interpretation. The property is described as follows:
Commencing at a point on the north side of Cane Street nine rods and six inches
(according to the original survey) and one hundred and forty eight and sixty six
hundredths feet according to the late survey from the South West corner of Lot Two in
Block twenty eight Plat “E” Salt Lake City survey and running thence East along Cane
Street forty six and four tenths feet, thence North 12°13’ West forty two and eight
tenths feet, thence North 21°28’ West, Eighty seven and seven tenths feet to the north line
of Lot One in said Block, thence west seventeen and two tenths feet to the north west
corner of said lot one, thence north 28° west one and sixty five hundredths feet, thence
westerly on a direct line to the north west corner of said lot two in said Block 28 twenty
one and three tenths feet to the land this day conveyed by the parties hereto to Florence
J Adkins, thence south thirty nine and ninety eight hundredths feet to the land owned by
the grantee, thence east six feet along land owned by grantee, thence south fourteen feet,
thence east twelve feet, thence south 30° east twenty two feet, thence south about
6°40'30" east fifty one and five tenths feet to the place of commencement.
Subject to a right of way over and along a strip four feet wide off and along the east sides
of the above describe tract for the grantors their heirs and assigns.
Also conveying all right, title and interest of grantors in a right of way reserved by said
Elizabeth Ann Adkins dec(eased). in a strip of land one and one half feet wide lying along
and adjoining the west side of the land above described.
Also conveying to grantee a right of way over and along a strip of land four feet wide
lying along and adjoining the first above described parcel on the east from Cane Street
to the north side of said lot one.
Zoning regulations were first adopted by Salt Lake City in 1927. Prior to that year, lot dimensions
were not regulated by the City and new lots could be created by deed without dimensional
restrictions. As such, the lot was legally created in 1904.
Documents obtained from the Salt Lake County Recorder’s Office indicate the property has
remained as an individual lot and no evidence was found that would indicate the subject property
was ever combined with another parcel. The description of the property has remained generally
the same since 1904. However, the description of the lot was slightly changed with a court order
sale of the property in 1963 (Entry 1933491, Book 2675 Page 516, see attached document) on
behalf of the estate of Annie McFadden Adkins. The legal description of the property was revised
to change the measurements from fractions to decimals and it also reduced the east side of the
property by approximately 4 feet. This reduced the width of the property from 46 4/10 (~46.4)
feet (highlighted in bold in the legal description above) to 42.4 feet (as described in the current
legal description attached to this document). The corresponding rear property line dimension was
also adjusted by approximately 4 feet. It appears that the 4 foot adjustment may have been
intended to more accurately account for a 4 foot right-of-way that was previously described on
the east side of the property in the 1904 description, as there was no corresponding 4 foot
adjustment to the description of the adjacent property to the east (158 W 600 North). Based on
the current legal descriptions there is a 4 foot gap between the east line of this property and the
west line of the adjacent property to the east (158 W 600 North.) This gap is not reflected on
County parcel maps.
Salt Lake City recognizes the authority of the District Court to distribute and adjust property
boundaries under its jurisdiction, as was done with the 1963 court order. At that time, the property
was zoned R-6 “Multiple Family Dwellings” with a required lot area minimum of 4,000 square
feet and no minimum lot width. Even with the 4 foot reduction in lot width, the property met the
minimum zoning requirements at that time. The legal description has not changed since that time.
As the lot was legally created prior to 1950 and complied with zoning requirements at the time
(there were none applicable), 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
other applicable zoning standards, including the Historic Preservation Overlay district standards.
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
htt wiNia,.slc-zov.com lannin lannin -a lications 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•
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.
Daniel Echeverria
Senior Planner
CC:
Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Heather Gilcrease, Development Review Supervisor
Applicable Recognized Organization
Posted to Web
File
Attachments:
Vicinity map of subject property and current legal description
1904 Deed
1963 Order Confirming Sale of Real Estate
Vicinity Map of Subject Property (170 W 600 North, Parcel 08-36-228-016-0000)
Current Legal Description:
Commencing 148.78 feet East from the Southwest corner of Lot 2, Block 28, Plat "E", Salt Lake
City Survey, and running thence East 42.4 feet; thence North 12°13' West 42.8 feet; thence
North 21 °28' West 87.7 feet; thence West 13.2 feet to the Northeast corner of Lot 1, thence
North 28° West 1.65 feet; thence West 21.31 feet; thence South 39.78 feet; thence East 6 feet;
thence South 14 feet; thence East 12 feet; thence South 30° East 22 feet; thence South 6°40'30"
East 51.53 feet to beginning.
.--
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Reeo.ded -JUL 183ef as
IRST SE IJ$1TY
Request of D, BANL OB UT9H, H, A.
A-- _..-
Fee Paid HAZEL TAGGART CHASE
PA�E5iB �tecorder, Snfy, Ujah
Ref.
-71;a.
� .�. I is
IN THE DISTRICT COURT OF THE THIRD JUDICIAL D1STIUCTyfi
IN AND FOR SALT LAKE COUNTY, STATE OF UTAH
....-.00e000000-----
to the Matter of the Estate of ORDBR CON>r<LRMIIN(1 SALE OF
REAL ESTAT$
ANNIE MCFADDEN ADKINS.
Prsbata No. 46703
Deceased.
..... 000pppeoo...»
The return and aocanrt of sate of real property and petition
for order confirmiag same of First Security Nark of Utah. National Ass-
eciatiea, the *Ay appatetod. qualified and aetlag adaaidatrater of the
above entitled estate setting forth Us proceeds an the sale of the estate's
interest in certain real property berolsalter particularly described came
as regularly to be board In spat tout as Jane n. 114S.
The court Ruda that the time for Mari" said return of sale
of real property and pstiliss for mdoi omflrming aeons was regularly sat
by the Clerk of tide earn for the 2"h day d JUDO. 1M8. and a antic* of
the tines sad plum ad said hearing was regularly giros for the time and In
the maser prodded by lwl
The eaprt furtbor RWy that the administrator accepted as
June 16, 1043, an offer, to pareksse fbe barelaaltar described real property
fc. the := of $7, e". 08 *aft whte *. offer %---a =sae by tetelk J. Ye -in :
Tha esurt ftom Rails that the real pa+oparty has been
appraised within use year of the time of this sale at a value of $7. 800. 00
and that the arm so d1hrod b itelis J. Young is more thaa 0% of the
appraised value of OA said propertyi
The court Imeftip ends that the sale is for the advantage,
bssef t. aid boat latereot of the estate and those h*erested therein because
fuse of the heirs desire the rut property to be retained intact and all are
driirfoss that the property be sold for the highest cash payment avallable,
and II is further for the interest of the estate that the property be sold In
n417
that the home is not occupied and will depreciats and deteriorate in value
I
so long as it remains anoccupyd.
itThe court farther tinds filer as" for bids an this real
property in open court that the $7. 200. 00 cash to not disproportionate to
the value of the said real property and that a hither am cannot be obtained.
IT 18 THEREFORE ORDERED, ADJUDGED AND DECREED
that the sale of the real property hereinafter described to Stella J. Young
for the tam of $7. 800. 00 cask be. and the same is hereby ooatlrmad and
that upon the payment at the $T, 200. 00 by the said Stella J. Young the First
Security Bank of Utah. National Asooeintisa. advab"eator of the Rotate
d Ands Moladden Adtlss, deceased, is dirNtd to execute to said
purebwwr on Administrators do" conveying all the right, tkle and interest
of the said denede st and all of the right, title and interest 01 the said estske
in and to the real property dossribod as follows to -wit. alluded at 113 west
Mh North in Sets Lake City, Salt Lake County. Utah:
I
commeasiq South 80e8ee27" soot its. s8 feet from
11eutb0n0 4 e — . Let S. stook s8. pw "i". Salt
Lai. city Su+ey. South 80'34121", Rest U. 8 foots
North r4rw. West &1. it feet. Naau W. want
!! but; Woo is lost; Nett 14 loess woo 8 feel.
SsNth 1*011. Mast M. 01 loot to MSIMMwg•
CeUNWOoMg 148. T8 led Mast hem Bodimess ssraer.
j Lot s. Mook 26, Plat "s". UK Sale COW So soy.
Meat dS.d fun% nook if"121, Woo ds.R , North 210
88'. Woo ST. T hot. Woo IS. s tool M X o kwoot
oopsov Lai 1. Nook W. woo 1. 8s he. woo $I. $I
lest, wpm s@. U test, isast i feels Sevin id fasts
awl is fats Mldda Sr. sock n feet, Mash t'409W.
MaM 01. U fees Is bogbaba.
Dated tMs 2nd dour of Jam. less.
f
(SEAL)
/a/ STEWART M. MNSON
I ATTESTFILMM THE QBKS off,Cf.
Sat lake County, Utah
ALVIIdCLMM .. :......� JUL - 21963
Douglas Thomsen ALVIN KLMN;ION, I' d ass:. ,.,.
By Douglas Inomsen
....................................
Depup. Clerk
t.
6
e
STATE OF UTAH ry
COUNTY OF SALT LAKE P4,518
1, Alvin Keddington, Clerk in and for the County of Salt Lake and Ex-Officio Clerk of the District Court
of the Third judicial District in and for Salt Lake County, State of Utah, do hereby certify that the foregoing
is a full, true and correct copy of the original. &'LA - OF. EAt 45PTA
M
IN THE MATTER OF THE ESTATE
OF
No. 46763
ANNIE McFADDEN ADKINS
Deceased
as appears of record in my office.
IN WITNESS WHEREOF, I have hereunto set my hand and
affixed my official seal, this 2ad- day of .......................
.......................... JJAIY ....................... A.D. 19 63
,47
VIN KEN V9 N .... .......................... Clerk
-11-�e �4 ................ Deputy Clerk
,i
,; i7�7 Recorded of Requ-,:,F oL CK( %.4.f.t_y' .. .... OCT � 190
1�7
at _.%1s' ... r.., r_� :.� $AS4Z . .
H EL 1GG, ;7 Ct 1,'4:, Recor.; :.r S:.It Lako County, Utah
K2O�i
L'ur a�aE`3O9 'Y ...... �kf
•.Kd�jl.../_�./Dep. Ref......_. ........__......�.s:,._... /.
IN THE DISTRICT COURT OF THE THIRD JUDICIAL DISTRICT
;I
I; IN AND FOR SALT LAKE COUNTY, STATE OF UTAH
j
----- 000000000-----
In the Matter of the Estate of
ADMINISTRATOR'S DEED
ANIaIE MCFADDEN ADKINS,
Probate No. 46763
Deceased.
----- 000000000-----
First Security Bank of Utah, National Association, as
�i
Administrator of the Estate of Annie McFadden Adkinds, deceased, in
�r
consideration of $7, 200.00 cash receipt of which is hereby acknowledged,
i) � does hereby grant and convey to Stella J. Young, all of the right, title,
iIand interest, of the decedent at the time of her Aeath, and all of the right,
�I title and interest that the estate may have subsequently acquired .
by operation of law, or otherwise, in and to the real property situated at
172 West 5th North in Salt Lake City, Salt Lake County, Utah, described
as follows:
j Commencing South 89034127" East 115.18 feet from
J Southwest corner, Lot 2, Block 28, Plat "E", Salt
II Lake City Survey. South 89034127", East 33. 6 feet;
North 6040130", West 51.53 feet, North 300, West
22 feet; West 12 feet; North 14 feet; West 6 feet,
South 1° 011, East 84.01 feet to beginning.
i
Commencing 148.78 feet East from Southwest corner,
Lot 2, Block 28, Plat "E", Salt Lake City Survey.
East 42.4 feet, North 120131, West 4Z. 8 feet, North 210
281, West 87.7 feet, West 13.2 feet to Northwest corner,
Lot 1, North 280, West 1.65 feet, West 21. 31 feet,
South 39.78 feet, East 6 feet; south 14 feet; East 12
feet; South 30% East 22 feet, South 6040130",
East 51.53 feet to beginning.
Subject to taxes for 1963 and subject also to conditions,
restrictions, reservations, easements and/or rights of way of record.
I; Reference is hereby made to the orders rendered by the
District Court in and for Salt Lake County, State of Utah, the notices given
i' and the proceedings had in the matter of the Estate of Annie McFadden Adkins
deceased, Probate No. 46763, and particularly to the order confirming sale
of real estate dated July_CL, 1963, and this deed is given pursuant to the
said proceedings and order.
IN WITNESS WHEREOF this instrument is executed this
5th day of July, 1963.
FIRST SECURITY BANK OF UTAH,
NATIONAL ASSOCIATION, as
Administrator of the Estate of Annie
McFadden Adkins, deceased
By
&Vfceres�idegnt'��
B
1s ant r4ficer
STATE OF UTAH )
Ss.
COUNTY OF SALT LAKE)
On this 5th day of July, 1963, personally appeared
before me Ralph D. Cowan and Brent W. Hortin _
I! who being by me duly sworn did say that they are respectively a Vice
President and an Assistant Trust Officer of First Security Bank of Utah,
i
National Association, and that said instrument was signed in behalf of said
corporation by authority of its by-laws, and said Ralph D. Cowan
I�and said Brent W. Hortin acknowledged to me that said corporation
ji executed the same, as administrator of the Estate of Annie McFadden Adkins,
deceased.
Residing at: Salt Lake Ctfy, Utah
Commission Expires:
'r' �!a •�` A11Y13, 1964