PLNZAD2022-00879 - 685 N INovember 9, 2022
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2022-00879
REQUEST:
This is a request for an administrative interpretation regarding whether the parcel at 685 N I
Street (rear) with Parcel ID 09-30-479-010 (the “Subject Property”) is a legal noncomplying lot
that is buildable for a single-family home. The property is currently owned by the same property
owner of the parcel that abuts it on the east, also identified as 685 N I Street, with Parcel ID 09-
29-353-004. The Subject Property is zoned SR-1A, Special Development Pattern Residential.
DECISION:
The Zoning Administrator finds that the subject property at 685 N I Street (rear) with Parcel ID
09-30-479-010 is not a legal noncomplying lot. The parcel does not comply with standards to be
considered a buildable lot, in its current or previous configurations. As such, it cannot be
developed for a single-family home. The parcel may be combined with other lots in order to
become buildable.
FINDINGS:
The Subject Property at 685 N I Street (rear) with parcel ID 09-30-479-010 is in the SR-1A zone.
The SR-1A zone requires 5,000 square feet of lot area. The property meets this requirement with
approximately 5,600 square feet of lot area. However, the property does not have public street
frontage as none of the property’s boundary lines abut a public street. The current City Code
requires that properties have public street frontage due to the code in 21A.36.010 “Frontage of
Lot on Public Street”:
C. Frontage Of Lot On Public Street: All lots shall front on a public street unless
specifically exempted from this requirement by other provisions of this title.
A lot that is noncomplying to current standards may be buildable if legally established. A
noncomplying lot is defined as:
A parcel of land which was legally established on the effective date of any amendment to
this title that made the lot noncomplying that has less lot area, frontage or dimensions
than required in the district in which it is located.
City Code in Section 21A.36.020.A also states:
In any residential district, on a lot legally established prior to April 12, 1995, a single-
family dwelling may be erected regardless of the size of the lot, subject to complying with
all yard area requirements of the R-1/5,000 District.
1995 - Current Lot Configuration
The current “lot” boundary was created by deed in
September 1995 without any city approval. A piece
of property was split off from a larger parcel,
leaving the Subject Property as the remainder.1
The code requirements for street frontage and lot
size were the same as the current requirement.
Because the property was created without frontage
on a street, the parcel in its current configuration
is not considered a legal noncomplying lot. As the
current lot was created after 1995, the provisions
of 21A.36.020.A do not apply.
1962 -“1962 Rear Parcel”
Staff considered the parcel’s previous
configurations to determine whether a lot without
frontage had been previously authorized. Prior to
1995, the Subject Property was configured as
highlighted in blue to the right. The deed creating
this configuration was recorded in 1962 (“1962
Rear Parcel”).2
Current City Code 21A.38.060 states that “Any
noncomplying lot not approved by the city that
was created on or between January 13, 1950 to
April 12, 1995, may be approved as a legal
noncomplying lot subject to the lot meeting
minimum zoning and subdivision requirements
at the time the lot was created and documented
through an updated zoning certificate for the property.” This section applies as the deeds were
recorded in 1962.
At the time, the property was zoned R-1, which had a requirement that any lot in the zone be at
least 7,000 square feet in size. Although the property met this size requirement at 10,743 square
feet, the Code requirement for minimum area referred to a required “lot” area and the definition
of “lot” required street frontage:
Section 51-12-2. Area Regulations. The minimum area of any lot shall consist of
seven thousand (7,000) square feet.
1 See attachment for description of the property split off from the Subject Property in “1995 Deed, Richards
to Marriott.” See attachment “1962 Deed Jensen Jr to Richards” for the description of the property prior to
that action. See attachment “2018 Deed Richards to Norcal” for the current legal description of the Subject
Property.
2 See attachments for 1962 deed.
13th Ave
I
S
t
H
S
t
Property configuration in 1962. The “1962 Rear
Parcel” is highlighted in blue.
Current Subject Property boundary is shown in
yellow. The property split off in 1995 is shown in
dashed blue. Current property boundaries are in
white.
1962
1995
Section 51-1-5(33) Lot.A parcel of land occupied, or capable of being occupied, by
one building or a group of buildings, together with such yards, open spaces and area as
are required by this ordinance and having frontage on a dedicated street.
The parcel did not meet the definition of lot because a “lot” was land associated with both being
occupied by a building and having street frontage. Since this parcel did not have frontage on a
street, it could not have been created as a buildable lot. The 1962 Rear Parcel did not meet the
zoning code requirements at the time and so cannot be recognized as a “legal noncomplying lot”
per 21A.38.060.
1949 – First Instance of Property Without Frontage - 15' Wide Strip
The 1962 property originated from three properties. These included two 15' wide strips of property
that did not have street frontage and the rear portion of a property that fronted on H Street. These
are shown in the 1959 map above.3
The 15' wide strips were originally created in 1949 by Salt Lake City. At that time, the City owned
a ~30 wide strip of land extending north from 13th Avenue between H and I Streets. The City split
the property by deeding 15' wide strips to the adjacent property owners. City records note that the
property was intended to “be used as a right-of-way” for the adjacent property owners.4
The northern half of the strip shown in yellow in the 1949 map above is currently part of the
Subject Property. It did not have street frontage when it was created. The east (right) side strip
did have street frontage, as shown in the 1949 map. That strip was later broken up into three. Two
of them did not have street frontage, as shown in the 1959 map, including the portion that was
incorporated into the “1962 Rear Parcel".
3 See attachments for associated deeds from years 1958 to 1960.
4 See attachments for 1949 City Council petitions to buy the property from the City and 1949 deeds.
Property configuration in 1959. The east strip on the right
was broken up into three parts. An L shaped portion of the
H Street lot was split off. The highlighted strips and the
rear part of the L shaped property became the “1962 Rear
Parcel.”
Property configuration in 1949, showing two 15’ wide
strips and a large lot along H Street. The strip highlighted
in yellow did not have street frontage and a portion of that
strip is part of the current Subject Property. The strip on
the east had street frontage when first created.
1949 1959
Current City Code 21A.38.060 states that “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.”This section applies as the deed was
recorded in 1949.
In 1949, at the time of the 15' wide strip without frontage's creation, the property was zoned
“Residential A.” City Code required a minimum of 3,000 square feet for a single-family home, as
noted in the following regulation:
Sec. 6730.Area regulations. In all use districts for buildings hereafter erected or altered
to accommodate or make provision for additional families, the required lot area per
family housed shall be as follows:
-3,000 square feet for a one family dwelling.
The 15' wide strip was under the size threshold for a single-family home, being 2,784 square feet
in size. Further, the area regulation referred to “required lot area” and lot was defined in the
ordinance as:
Sec. 6713.9."Lot." Land occupied or to be occupied by a building and its accessory
buildings, including such open spaces as are required under this ordinance, and having
frontage upon street or alley.
The property did not have the required area and did not have frontage on a street or alley as
required in the definition of lot. While the parcel was created by the city, it did not meet the
definition of a lot because the parcel was intended to be used as a right-of-way and not to be
occupied by buildings. The property did not meet the minimum zoning requirements at the time
and so cannot be recognized as a “legal noncomplying lot” per 21A.38.060.
Staff could find no other records of any special approvals or variances affecting the property,
including any to modify the requirement for street frontage for lots. Thus, the property in its
current or previous configurations is not considered a legal nonconforming lot.
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
https://www.slc.gov/planning/applications/along with information about how to apply and
processing fees.
Daniel Echeverria
Senior Planner
CC:
Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Development Review Manager
Posted to Web
File
Attachments:
1. 1949 City Council Petitions for 30' Property (15’ wide strip origin) and Minutes
2. 1949 Deeds to Two, 15' Wide Strips (City to Silver, Northcrest)
3. 1958 Deed to Lot 3 and 15’ Wide Strips (Silver to Jensen)
4. 1958-1960 Deeds - Dividing “Lot 3” on H Street into 3 Lots and transferring
ownership of strips (Jensen to Kipp, Richardson, Jensen Jr)
5. 1962 Deed - “1962 Rear Parcel” (Jensen Jr to Richards)
6. 1995 Deed – South half of property removed (Richards to Marriott)
7. 2018 Deed – Current property description (Richards to Norcal)
8. 1949 Effective Ordinance Excerpts – Extracts from Revised Ordinances of Salt Lake
City, 1944, As Amended to January 1, 1949
9. 1962 Effective Ordinance Excerpts - Revised Ordinances of Salt Lake City, Utah 1955
10. 1949 Zoning Map
11. 1962 Zoning Map
12. 1995 Zoning Map
13. 1995 Zoning Ordinance Excerpts
1. 1949 City Council Petitions for 30' Property (15’ wide strip
origin) and Minutes
Minutes from City Commission Pertaining to Petitions
April 21st, 1949
Also on April 21st, 1949
May 18th, 1949
June 14th, 1949
2. 1949 Deeds to Two, 15' Wide Strips (City to Silver, Northcrest)
3. 1958 Deed to Lot 3 and 15’ Wide Strips (Silver to Jensen)
4. 1958-1960 Deeds - Dividing “Lot 3” on H Street into 3 Lots and
transferring ownership of strips (Jensen to Kipp, Richardson,
Jensen Jr)
5. 1962 Deed - “1962 Rear Parcel” (Jensen Jr to Richards)
6. 1995 Deed – South half of property removed (Richards to
Marriott)
7. 2018 Deed – Current property description (Richards to Norcal)
8. 1949 Effective Ordinance Excerpts – Extracts from Revised
Ordinances of Salt Lake City, 1944, As Amended to January 1,
1949
9. 1962 Effective Ordinance Excerpts - Revised Ordinances of Salt
Lake City, Utah 1955
10. 1949 Zoning Map
Zoning Map Excerpt - 1949
11. 1962 Zoning Map
Zoning Map Excerpt – 1962
12. 1995 Zoning Map
Zoning Map Excerpt - 1995
13. 1995 Zoning Ordinance Excerpts