PLNZAD2018-00633 - 931 W EuclidSeptember 21, 2018
ADMINISTRATIVE DETERMINATION OF A
NONCONFORMING USE
DECISION AND FINDINGS
PLNZAD2018-00633
REQUEST:
A request for a Determination of Nonconforming Use regarding the property located at 931 W.
Euclid Avenue. The subject property currently contains one building being used as an artist's
loft / studio, which is a permitted use in the TSA-UN-T zoning district. The property owner has
also been using the rear yard to store building materials related to his art production. This type
of use is considered "outdoor storage", which is not permitted in the TSA-UN-T zoning district.
DECISION:
Based on the provisions of the Zoning Ordinance section 21A.38.040.E, City records, and the
documentation submitted by the applicant, the Zoning Administrator finds that there is no
evidence to support that outdoor storage was ever legally allowed on the property and current
zoning regulations prohibit outdoor storage. Therefore, use of open areas of the property to
store materials associated with the principal use is not permitted. All storage must be conducted
within an enclosed structure. The following supports this decision:
FINDINGS:
• According to Sanborn Fire Insurance Maps from 1911 and 1950, the subject property
currently addressed as 931 W. Euclid Avenue was formerly broken into three (3)
separate lots: 927/929 W. Euclid Avenue was one (1) lot that contained one (1) brick
duplex, 931-933 W. Euclid Avenue were two (2) lots that contained one (1) brick duplex
structure delineated down the middle by a party wall.
• Building permit records show that, at 931 W. Euclid, a `warehouse addition' was
permitted on May 1,1975, a `2°d story add. storage' was permitted on March 15, 1976, and
`add 216o sf office' was permitted on March 2, 1979.
The applicant submitted documentation that claims that a former property owner
constructed the multiple additions to a historic duplex in order to run a salvage business.
A former property owner did maintain an active business license for `buy —sell —
wholesale —retail' from August 18,198o — July 31,1981. A different property owner
maintained an active business license for `residential building construction' from June
23, 1986 — March 31, 1992.
The property owner submitted notarized letters from two (2) individuals who grew up on
Euclid Avenue, who both stated that the area behind the structure has been continuously
used for storage since the additions were made to the historic duplex.
Past zoning maps show that the property was zoned `C1— Limited Commercial' when all
three additions were permitted. The Zoning Ordinance in effect at the time (dated
December 1964) lists `Storage warehouse (for wares and merchandise which would not
create a nuisance)' as a permitted use in the Ci zone (Chapter 2o). However, Sec. 51-20-
2 Special Provisions states, `All business (including all merchandise displays) is to be
conducted wholly within a completely enclosed building except vending machines when
set back of the front building line. "In addition, Sec. 51-20-5 Rear Yard Regulations
states, `A rear yard of ten (io) feet which shall be kept free and clear from any
obstruction is required for all business buildings."
• There is no evidence showing that a variance or any other special approvals were granted
by Salt Lake City to allow outdoor storage on the property.
In summary, evidence shows that a warehouse addition was first permitted in 1975, with
subsequent storage and office additions permitted in 1976 and 1979, respectively.
According to zoning regulations in place at those times, the use of open areas of the
property to store material associated with the principle use (outdoor storage) was not
allowed, and is still not allowed according to current zoning regulations.
If you have any questions regarding this interpretation please contact Ashley Scarff at (8o1) 535-
766o or by email at ashley.scarff@slcgov.com.
APPEAL PROCESS:
An applicant or any other person or entity adversely affected by a decision administering or
interpreting this 'Tale 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
httD://www.sleRov.com/Dlannin.i4/i)lanninz-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.
d;
Ashley Scarff
Principal Planner
cc: Nick Norris, Planning Director
Joel Paterson, Zoning Administrator
Heather Gilcrease, Development Review Supervisor
Posted to Web
Attachment x: Building permit card for 931 W. Euclid Avenue
Attachment 2: Chapters 20 & 21 from the December 1964 Zoning Ordinance (in effect when
the warehouse use was initially permitted)
CHAPTER 20
BUSINESS "B-3" DISTRICT
Sec. 51-20-1 . USE REGULATIONS. In a Business "B-3" District no building or
premises shall be used and no building shall be erected which is arranged, intended or
designed to be used for other than, one or more of the following uses:
1 . Any use permitted in a Residential "R--7" District.
2. Barber shops and beauty parlors.
3. Cleaning establishments using only smokless fuel and using only those cleaning
solvents approved for use in that particular fire zone by ordinance -or by the rules'and regu-
lations of the Fire Department of Salt Lake City.
4. Dancing schools, charm schools, music schools.
5. Drug Store.
6. Gasoline service stations including ordinary repairs and servicing of passenger
automobiles when all such repairs and servicing is done within anapproved building located
on the service station premises, provided that no body and fender work or automobile point-
ing is conducted on said premises, and provided that not more than one (1) automobile
awaiti ng. repo i rs is allowed to remain on the premises outside the -building. The pump islands
of the gasoline service station may be erected in the front yard area provided the pumps arq
set back not less than twenty (20) feet from any street line to which the pump island is verti-
cal and fifteen (15) feet from any street line to which -the pump island is parallel.
H ardsurfaced driveways leading to and from the pump islands and other properly
located service facilities permitted on -the property shall be allowed in the front yard area
provided that said driveways shall be defined by the construction of a concrete curb on that
side adjoining the sidewalk and the area between the curb and the sidewalk landscaped.
In no case shall the distance between the -driveway and property line it is parallel to,.or
approximately. parallel with, be less than three (3) feet. All parking areas on the service
station lot shall maintain the required landscaped front yard area and shall be defined by
concrete curbs.
7. -Massage parlors.
8. Restaurants and tea rooms.
9. Shops for retail business.
10. Sign subject to regulations in Chapter 6.
11. Theaters
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Sec, 51-20-2. SPECIAL PROVISIONS,
1 . All business (including all merchandise displays) is to be conducted wholly withiD
a completely enclosed building except vending machines when set back of the front building
line.
2. No building or structure shall be erected in a Business "B-3" District for any of the
uses enumerated in items two to twelve (2 to 12) inclusive of this section, unless the plans for
such building or structure, including all signs and advertising emblems,, shall have been sub-
mitted to and approved by the Board of Commissioners of Salt Lake City.
3. Where no curb and gutter or sidewalk exists in, front of the property these street
improvements must be installed at the time of any new construction unless, due to the special
conditions existing on the street, the City Engineer certifies that installation of curb and
gutter is im practicable -or not desirable.
Sec. 51-20-3. FRONT YARD REGULATIONS. Some as fora Residential "R-1"
District except that a business sign supported on the building or on d pole at the setback
line may project over the required front yard area six (6) feet provided that such projection
does not cross any property line.
Sec. 51-20-4. SIDE YARD REGULATIONS. .No side yards are -required for a business
use except where the boundary line of Business "13-3" District forms a common boundary line
with any residential district, .then a landscaped side yard of equal width to that required for
the maximum side yards in the adjoining district shall be required on that side adjacent to the
common boundary. Any residential use shall maintain the same side yards as for such a use
located in a Residential "R-6" District.
Sec. 51-20-5. REAR YARD REGULATIONS. A rear yard of ten (10) feet which shall
be kept free and clear from any obstruction is required for all -business buildings. Any residential
use shall maintain the some rear yard as for such a use located in a Residential "R-6" Distri.et.
Sec, 51-20-6. HEIGHT REGULATIONS,
1 . The maximum height of a building or structure shall be twenty-five (25) feet or
two (2) stories except where the adjoining district has a higher height restriction as provided
for in Section 51-4-8.
2. Them aximum height of a billboard or sign shall be twenty-five (25) feet or one
(1) panel above grade but in no instance shall the height of the billboard or sign exceed
twenty-five (25) feet above the front sidewalk or property line grade.
Sec, 51-20-7. AREA REGULATIONS. For all residential uses other than for hotels
or motels the area requirements shall be the same as for a Residential "R-7" District.
E,YA
CHAPTER 21
COMMERCIAL "C-1 " DISTRICT
Sec. 51-�1-1 . USE REGULATIONS, Ina Commercial "C-1" District no building
or premises shall be used and no building shall be,erected which is arranged, intended or
designed to be used for other than one or more of the following uses:
1 . Any use permitted in a .Business "B-3" District.
2. Wholesale distributor.
3. Printing plant.
4. Storage warehouse (for wares and merchandise which would not create, a nuisance)
5•. Soft drink bottling plant.
6. Autmobile salesroom, exclusive of used car lot.
7. Auto wash, auto upholstery and auto accessory -installation shops.
8. Golf coursd� .miniature golf course, golf driving range, archery range, bowling
lanes, trampoline center, swimming pools, provided that any of these above -named use be
located at least two hundred (200), feet from any residential use existing on adjoining properties.
and further provided that the area on which these uses are to be maintained is at least one
hundred (100) feet from any other single property zoned Residential "R-1 ", "R-211, "R-411,
"R-5", or "R-6". The plans for al I such uses m ust be submitted to and approved by the
Planning Commission and the Board of Commissioners.
Sec. 51-21-2. SPECIAL .PROVISIONS. Some as required in a Business "B-3"
District.
Sec. 51-21-3. AREA, HEIGHT, SIDE YARD AND REAR YARD REGULATIONS. .
Same as for a Business "B-3" District.
Sec. 51-21-4. FRONT YARD REGULATIONS. A front yard of at least fifteen (15)
feet is required. This front yard shall be completey landscaped except for permitted drives
and walkways.
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