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PLNZAD2023-00285 - 563 N CenterMay 11, 2023 ADMINISTRATIVE INTERPRETATION DECISION AND FINDINGS PLNZAD2023-00285 REQUEST: This is a request for an administrative interpretation regarding whether the property located at approximately 563 N Center Street (Tax ID#08-36-208-008-0000) is a legal lot in accordance with the Salt Lake City zoning laws. The subject property is located in the SR-1A (Special Development Pattern Residential District) zoning district. DECISION: The Zoning Administrator finds that the subject property located at approximately 563 N Center Street (Tax ID#08-36-208-008-0000) is recognized by Salt Lake City as a legal noncomplying lot. The lot does not meet the district minimum area required for a residential use. However, per 21A.36.020.A, a single-family home may be constructed on the property. FINDINGS: The subject property has a lot area of approximately 1,220 square feet and a lot width of approximately 20 feet. 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. 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. In 1916, a property with substantially the same legal description was sold from Salt Lake County to E.S. Hallock for delinquent taxes. This deed was recorded on September 21, 1922 (see attached extract from Salt Lake County Recorder Abstracts, Book C-14 Page 222 Line 50). The property was described as follows (abbreviated): Com. 5 rods E. & 19.11 ft. S. fr. N.W. cor. of Lot 1, S. 19.11 ft.; E 67.27 ft. to E. line of Lot 1; N.W’ly on sd line to pt. due E (of) beg; W. to beg. This property was sold from E.S. Hallock to Sarah F. Hancock on June 7, 1923 (see attached extract from Salt Lake County Recorder Abstracts, Book C-14, Page 239, Line 17) with an equivalent legal description to the current legal description. The property was described as follows: Com. 5 rds E. & 19.11 ft. S. fr. N.W. cor. of Lot 1, S. 19.22 ft: E. 67.27 ft. to E. line Lot 1, N’ly on sd line to pt. due E of beg. W to beg. Blk 27. Plat E The error in the legal description from the 1916 tax sale was corrected in 1937 in an order and administrator’s deed from the estate of Edwin S. Hallock, etc. Dec’d to Sarah F. Hancock on July 14, 1937 (see attached extract from Salt Lake County Recorder Abstracts, Book C-24, Page 260, Lines 35-36) with a description equivalent to the current legal description. The description was as follows: Com. 5 rds E & 19.11 ft S of NW Cor lot 1: S 19.22 ft: E 67.27 ft. to E line of lot 1: N’ly on sd line due E of beg: W to beg. Authorizes correction deed. See deed attached. Given to correct deed in Bk 11 “S” of Deeds pg 449 The above legal description is equivalent to the current legal description of the property on file with the Salt Lake County Recorder’s Office. The current description is as follows: COM 5 RDS E & 19.11 FT S OF NW COR LOT 1 BLK 27 PLAT E SLC SUR S 19.22 FT E 67.27 FT TO E LINE OF SD LOT 1 NW'LY ON SD LINE TO PT DUE E OF BEG W TO BEG Prior to 1927, there was no City adopted zoning code and so there were no requirements for street frontage, or other minimum lot regulations for properties. As the property was legally created prior to the adoption of the zoning code, the property is considered a “legal noncomplying lot.” The property is a legal noncomplying lot, but it does not meet the minimum area required for a residential use in the SR-1A zoning district. Section 21A.36.020.A 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. Therefore, a single-family home may be constructed on the property. Lot line adjustment between the subject property and 561 N Center: The interpretation request discusses this property and the adjacent property to the south, the number of units in an existing building, the previous number of units on the property, and requests to know if the subject property is buildable. The current property owner is also the owner of the property to the south, 561 N Center Street, which has a residential building with nine legal units on an 8,293 sq. ft lot. This property is in the SR-1A zoning district and considered to be legal nonconforming. The SR-1A zoning district permits single-family (min. 5,000 sq. ft. lot) and two- family (min. 8,000 sq. ft.) or twin homes (min. 4,000 sq. ft. per unit). It does not permit buildings with more than two units. A boundary line between the two properties that would reduce the lot size of 561 N Center cannot be approved with a lot line adjustment as any adjustment would increase the nonconforming status of the property at 561 N Center Street. If you have any questions regarding this interpretation, please contact Project Planner Sara Javoronok at (801) 535-7625 or by email at sara.javoronok@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 http://www.slcgov.com/planning/planning-applications along with information about the applicable fee. Sara Javoronok, AICP Senior Planner CC: Nick Norris, Planning Director Mayara Lima, Zoning Administrator Casey Stewart, Planning Manager Posted to Web File Attachments: Zoning Map of Subject Property Salt Lake County Recorder Abstracts (Book C-24, Page 260, Lines 35-36) Salt Lake County Recorder Abstract (Book C-14 Page 222 Line 50) Salt Lake County Recorder Abstracts (Book C-14, Page 239, Line 17) Deed of Salt Lake County 1922 Quit-Claim Deed 1923 Order and Administrator’s Deed 1937 Special Warranty Deed 2020 ^ ^^ ^ ^ ^^^ ^ ^ ^ ^ ^ 20 0 W C e n t e r S t 500 N W a l l S t Girard Ave 600 N Alida Pl Ar c t i c C t Clinton Ave Ba l t i c C t G i r a r d P l Qu i n c e S t M a i n S t 600 N 500 N Clinton Ave 19th Ward Chapel & Relief Society Hall 239 650 420 225 228 535 168 616 172 633 535 541 551 594 140 649 630 214 640 604 641 214 175 126 530 120 138 523 576 582 438 528 570 238 628 136 502 137 596 174 224 158 115 134 561 160 573572 586 640 125 150 536 113 153 577 529 211 217 622 452 236 158 652 461 559 625 626 501 632 533 521 525 508 134140 106 538527 444 501 527 521 560 562 126 565 208 107163 571 644 518 550 170 648 469 465 580 516 524 528 467 664 502 520 518 479 595 623 522 536 623 515 625 507 115 459 617 517 488 591 668 602 642 150 554 613 514 544 507 211 143 519 594 455 154 667 264 183 441 577 575 450 631 I PL SR-1A SR-1A SR-1A SR-1A SR-1A SR-1A RMF-35 SR-1A RMF-45 SR-1A SR-1A SR-1A SR-1A SR-1A SR-1A R-MU SR-1A SR-1A SR-1A RMF-45 CN Zoning Map ¯ Salt Lake City Planning Division 5/10/2023 Subject Property ^Preservation Easements Historic Register Sites ^National/Local CHPA - Capitol Hill Protective Area Overlay Local Historic District Capitol Hill Zoning Districts CN Neighborhood Commercial SR-1A Special Development Pattern Residential RMF-35 Moderate Density Multi-Family Residential RMF-45 Moderate/High Density Multi-Family Residential R-MU Residential/Mixed Use I Institutional PL Public Lands 30 0 W 400 N V i c t o r y R d M a i n S t 0 100 200 30050 Feet