PLNZAD2019-00171 - 365 N Quince1
February 21, 2019
ADMINISTRATIVE DETERMINATION OF A
NONCONFORMING USE
DECISION AND FINDINGS
PLNZAD2019-00171
REQUEST:
A request for a Determination of Nonconforming Use for three dwelling units at 365 Quince Street. The
subject parcel is located in the SR-1A (Special Development Pattern Residential) zoning district.
DECISION:
Based on the provisions of the Zoning Ordinance section 21A.38.040.E, planning records, and the
documentation submitted by the applicant, the Zoning Administrator finds that three dwelling units at
365 Quince Street constitute a legal nonconforming use.
BACKGROUND:
The property at 365 Quince Street is approximately 9,066 square feet with a lot width of approximately
55 feet. The site developed over time and currently includes the following structures:
x The house at the rear (unit 1) was built in the 1870s or possibly earlier. (see Attachment A –
Capitol Hill Historic District Reconnaissance Survey)
x The southern structure facing Quince Street (unit 2) was likely built as a store before 1915 1. (see
Attachment B – Sanborn Maps and Attachment C – Polk Directory). Building permit records
indicate that a dwelling unit was established in the basement between 1947 and 1951.The
northern structure facing Quince Street (unit #3) is a dwelling built in 1921. (see Attachment D
– Building Permit Information)
1 The 1898 Sanborn map shows the structure as 363 Quince Street and on the 1915 Polk directory it is listed as a
grocery store.
2
Zoning History
This property was zoned B-2 at the time Salt Lake City’s first zoning ordinance was adopted in
September 1927. The B-2 district allowed multi-family residential units, but did not allowed for a retail
store. At this time, the store became a legal nonconforming use. The B-2 zoning standards would have
allowed three dwelling units on this site.
In 1955 the B-2 district was eliminated and the zoning designation of the property changed to the R-6
(Multiple Family Dwellings) zoning district. The R-6 district allowed for three dwelling units. In 1986
the zoning changed from R-6 to R-2 (single-family and two family dwellings). The R-2 district no longer
allowed for three dwelling units. After the 1995 Zoning Rewrite the zoning designation of this property
changed to SR-1 (Special Development Pattern Residential) which allowed single- and two-family
dwellings. This property is currently zoned SR-1A which allows single- and two-family dwellings.
Change from Store to Living Space
Between 1947 and 1950, the city granted building permits (see Attachment D – Building Permit
Information) for a new bathroom, new furnace and new meter at 365 Quince Street. The property
owners at the time were Andrew and Maude Kirby, and according to their daughter’s account the store
was abandoned after her parents got a divorce around that time.
When unit 2 was used as a store, the basement of the unit was used as a kitchen for baking goods. The
building permits issued between 1947 and 1950 imply that the unit was transformed into a dwelling
unit. At this time, the B-2 district required 4,000 square feet of lot area for 3 dwelling units. The lot
contains over 9,000 square feet and the 3 dwelling units would have been considered as a conforming
use. Although the store was converted to a dwelling unit in or before 1950, the dwelling unit was not
rented until sometime in the 1990s after it was sold to Eric Murdock. According to the accounts of the
adjacent neighbor, Polly Hart (see Attachment E – Polly Hart’s Email), and a previous resident and
owner, Christhian Macias (see Attachment F – Christhian Macias’ Letter), the three units were used on
and off as both rental units and the primary residence to the owner.
2007 Unit Legalization Approval
David Pettigrew bought the property from Eric Murdock and in 2007 requested Salt Lake City to
legalize the property as three dwelling units (see Attachment G – 2007 Unit Legalization). Salt Lake
City approved the request with conditions. The approval was based on implied building permits from
the late 1940s and early 1950s. However, the conditions were never completed and the approval was not
finalized.
1
2
3
3
FINDINGS:
1. There is documentation that this property is comprised of three separate dwelling units. Unit 1
was established before 1870, unit 2 was established sometime before 1915 as a store and the
basement was converted to a dwelling unit between 1947 and 1950, and unit 3 was built in 1921.
2. In 2007 Salt Lake City approved three dwelling units at this site through the unit legalization
process with implied permits. However, building services and the licensing division did not
certify the approval because the property owner did not follow through with the approval
conditions to demonstrate substantial compliance with life and safety codes.
2007 Salt Lake City Zoning Ordinance
21A.52.100: Specific Conditions for Certain Special Exceptions:
E. Legalization of Excess Dwelling Units
2. Required Findings
d. Required Findings for Excess Dwelling Units with Implied Permit:
i. The units were constructed and continuously operated before April 12,
1995, with an implied permit; and
ii. The building services and licensing division has certified:
A. Substantial compliance with life and safety codes,
B. That all nondimensional zoning violations have been corrected, and
C. That off-street parking has been hard surfaced and that, to the extent
space is available on the property, the parking standards applicable on
the date of the implied permit have been complied with.
3. This property was considered a nonconforming use because the store was not an allowed use in
the B-2 district. But in the early 1950s, when the basement of the store was converted to a
dwelling unit the property became conforming because the B-2 district required 4,000 square
feet for 3 dwelling units and this lot is approximately 9,000 square feet.
4. The three dwelling units do not comply with the current SR-1A zoning regulations because the
SR-1A does not allow more than two dwelling units on one parcel. However, the nonconforming
use (3 dwelling units in the SR-1A) is allowed to continue according to Section 21A.38.010B of
the Salt Lake Zoning Ordinance:
Salt Lake City Zoning Ordinance
21A.38.010B: Intent
The intent of this chapter (Nonconforming Uses and Noncomplying Structures) is to
allow continued use of legal nonconforming uses, noncomplying structures and legal
conforming dwellings, while at the same time protecting existing conforming
development within the community. Certain nonconformities are permissible as is their
continued use so long as in their particular location they are not detrimental to the
surrounding neighborhood. Nonconforming uses that are determined to create a
nuisance or are a potential hazard to a community or neighborhood may be eliminated
through amortization.
5. The buildings were always physically separated. Unit 2 was not physically incorporated into the
other units.
6. Even though unit 2 was not rented out until much later, its use as a dwelling, specifically the
basement, was established with the implied building permits issued between 1947 and 1950.
After 1956 the Polk Directory stops listing a store at this location. At that time, the zoning of the
property was R-6 which allowed for three dwelling units in one parcel.
In view of the findings above the Zoning Administrator finds that the three dwelling units at 365 Quince
Street are a legal nonconforming use.
If you have any questions regarding this interpretation please contact Katia Pace at (801) 535-6354 or
by email at katia.uace(&slcF_ov.com.
ATTACHMENTS:
Attachment A — Capitol Hill Historic District Reconnaissance Survey
Attachment B - Sanborn Maps
Attachment C - Photos
Attachment D — Polk Directory Information
Attachment E — Building Permit Information
Attachment F — Polly Hart's Email
Attachment G — Christhian Macias' Letter
Attachment H - 2007 Unit Legalization
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 ljttps://WWNY-SIC .Rov/Dlanniii2/aa-L-)lications/
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.
Katia Pace
Principal Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Greg Mikolash, Development Review Supervisor
Posted to Web
Applicable Recognized Organizations
Attachment A – Capitol Hill Historic District
Reconnaissance Survey
Attachment B – Sanborn Maps
Attachment C – Photos
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Attachment D – Polk Directory Information
1922
1915
1955
1951
1957
1959
1956
1961
1963
1965
1969
1976
1981
1985
1990
1993
1997
1999
1998
Attachment E – Building Permit Information
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Attachment F – Polly Hart’s Email
From:Polly Hart
To:Pace, Katia
Cc:Polly Hart
Subject:365 N Quince St
Date:Thursday, December 20, 2018 4:20:16 PM
Hi Katia-
Kelly Fowler asked me to pass along to you my recollection of the chronology of how her
property was occupied during David Pettigrew's ownership. It sounds like there is some
uncertainty about when the house had tenants, and when it didn't. I'm happy to share my
memories.
When I bought 355 N Quince, David's house was divided into three units. I bought my house
in November, 1994, and I believe he told me that he had purchased his house earlier that year
(or possibly the prior year). He lived in one unit and had two separate rental units. I don't
know if this matters, but at that point he lived upstairs in the space facing Quince Street. One
apartment was below him, and the other apartment was the old soft brick house in back.
Occasionally a unit would go unrented, but for the most part, it operated as three units.
In 2007 (I think that's the year of the fire) David had one tenant in the back brick house. The
unit below him was vacant for a few months when fire broke out in the back unit. It was
winter (that's all I remember). For whatever reason, David didn't have home owner's
insurance, so it was a slow process getting the work done to get the occupancy permit back
(eight months or more??). As part of the process, David decided that he was sick of being a
landlord and asked the city to eliminate his conditional use permit for the two extra units. He
learned that in order to meet zoning/safety/etc he would need to be able to walk through the
entire house without going outside (completely understandable for safety reasons :-) ).
However, that meant breaking into load bearing walls in two separate places to have all three
connected. I believe he felt it would be way too costly to engineer these openings, so he told
me that he reached a compromise with the city (Permitting? Planning? I don't know who) that
he could keep the triplex conditional use, pending his success in meeting the current
requirements (which now also included off-street parking). And while he was working on
bringing the rental two units up to code along with parking, the city would grant him
occupancy for his own unit once that was up to code.
He did continue working on the property, trying to bring everything up to code, but it was a
very slow process. A few years ago he was diagnosed with cancer, and he passed away within
a year. His widower Chris eventually sold the house to Kelly and James Fowler, and that's
where we are today. I you have any questions for me, please do not hesitate to ask! I'm
sometimes fuzzy on dates, but I have a generally good recollection of most of it.
Best, Polly
"I don't make trouble. I'm just really good at finding it." Zephyr
Attachment G – Christhian Macias’ Letter
October 30, 2018
To Whom it May Concern,
My name is Christhian Munoz Macias. I am the former owner of the property at 365 N. Quince
Street in Salt Lake City, Utah. On September 27, 2018, 1 sold the Quince property to James and
Kelly fowler through my capacity as Successor Trustee of the trust known as the "David Steven
Pettigrew Family Trust dated the 28�1' of July 2015." 1 understand that for Salt Lake City to
determine whether or not the three Quince houses should be considered three separate
"units" they need to know if, and approximately when, the houses were each occupied.
In early 2011, 1 moved into the Quince property and rented the back house from David
Pettigrew. David lived in the front, red -brick house. David and I were married in 2015, at which
time I moved into the front house with him. David passed away from cancer later that year. I
remained living in the front house until just after I sold the property in September 2018.
From 2011— 2018 during the time I lived on Quince street, the upstairs of the South house was
only used by David for storage. The basement studio apartment of that South house, along
with the small back house, were periodically rented depending on whether they were in good
enough condition. The houses were not in good condition and sometimes the water or heating
systems would fail — David was always trying to fix something. Some of the people who lived in
those apartments were Mark Angus, Rick Nuttall, and Efran Islas-Garcias. I believe there were
others as well, but I cannot remember their names at this time.
I hope this information has been helpful to your determination.
Thank you.
Ch'ti ian Munoz Macias
Attachment H – 2007 Unit Legalization