PLNZAD2023-00229 - 1135 S West TempleApril 18, 2023
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2023-00229
REQUEST:
This is a request for an administrative interpretation regarding the location of the required
additional landscaping for a building that was granted 15 feet of additional building height in
the CC zone. The building is located on the parcel addressed as 1135 S West Temple St, Tax
ID#15-12-431-002-0000. The applicant is seeking to count landscaping provided on the second
floor, above the parking podium, towards the additional landscaping that is required.
DECISION:
The Zoning Administrator finds that the proposed landscaping on the second floor does not
count towards the additional landscaping that was required when additional building height was
granted.
FINDINGS:
Pursuant to Section 21A.26.050.F.2 of the Salt Lake City Code, buildings located within CC
zoning district may be allowed to exceed the 30-foot building height restriction by 15 feet if
additional landscaping is provided. The amount of increased landscaping shall be equal to ten
percent (10%) of the area of the additional floor and must be reviewed through a design review
process. The standard reads:
F. Maximum Height: No building shall exceed thirty feet (30'). Buildings higher than
thirty feet (30') may be allowed in accordance with the provisions of subsections F1 and
F3 of this section.
1. Procedure For Modification: A modification to the height regulations in this
subsection F may be granted through the design review process in conformance with
the provisions of chapter 21A.59 of this title. In evaluating an application submitted
pursuant to this section, the Planning Commission shall find that the increased height
will result in improved site layout and amenities.
2. Landscaping: If an additional floor is approved, increased landscaping shall be
provided over and above that which is normally required for landscape yards,
landscape buffer yards, and parking lot perimeter and interior landscaping. The
amount of increased landscaping shall be equal to ten percent (10%) of the area of the
additional floor.
3. Maximum Additional Height: Additional height shall be limited to fifteen feet
(15').
“Landscaping” is defined in 21A.62.040 as follows:
Landscaping: The improvement of a lot, parcel or tract of land with grass,
shrubs and trees. Landscaping may include pedestrian walks, flowerbeds, ornamental
objects such as fountains, statuary, and other similar natural and artificial objects
designed and arranged to produce an aesthetically pleasing effect.
Relevant definitions that may help in clarifying the question include “Landscape Yards” and
“Landscape Areas”. The Ordinance defines “Landscape Yard” as:
Landscape Yard: That portion of a lot required to be maintained in landscape area.
The Ordinance defines “Landscape Area” as:
Landscape Area: That portion of a lot devoted exclusively to landscaping, except that
streets, drives and sidewalks may be located within such area to provide reasonable
access.
The definition of landscaping makes it clear that improvement is to be provided to the lot,
parcel or tract of land,not the building. This is further supported by the definitions of
landscape yard and landscape area, which establish that landscape areas are a specific portion
of a lot that should be devoted exclusively to landscaping. “Lot” is defined as:
Lot: A piece of land identified on a plat of record or in a deed of record of Salt Lake
County and of sufficient area and dimensions to meet district requirements for width,
area, use and coverage, and to provide such yards and open space as are required and
has been approved as a lot through the subdivision process. A lot may consist of
combinations of adjacent individual lots and/or portions of lots so recorded; except
that no division or combination of any residual lot, portion of lot, or parcel shall be
created which does not meet the requirements of this title and the subdivision
regulations of the city.
“Parcel” is defined as:
Parcel: A continuous area of real property, or lot, which is legally described and
accurately drawn on the plat of such property and recorded with Salt Lake County. See
definition of lot.
Because both the lot and parcel definitions relate to land, it is understood that additional
landscaping must be provided on the ground. Landscaping provided on top of the proposed
parking podium would not comply with these definitions and would not satisfy the requirement
for additional landscaping.
Furthermore, landscaping above ground would not follow the intent of the additional height
provision. The requirement to provide additional landscaping only applies when additional
building height is granted. The code includes this provision to mitigate the impacts of additional
building height and to make the pedestrian experience more pleasant at the street level. This
mitigation is not provided if the landscaping is included on the second story of the building.
If you have any questions regarding this interpretation, please contact Seth Rios at (801) 535-
7758 or by email at seth.rios@slcgov.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 (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.
Seth Rios
Associate Planner
processing fees.
Seth Rios
i l
CC: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
Posted to Web
Attachments:
Vicinity map of subject properties
Proposed site plan
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Fremont Ave
Paxton Ave
Fremont Ave
1135 1116
1159
1117
110
1152
1118
1099 36
1118
1120
1122
1124
1126
1128
1130
1132
1134
1136
1138
1140
1142
1144
1146
1148
Vicinity Map
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Salt Lake City Planning Division 4/18/2023
Subject Property
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0 30 60 9015
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