PLNZAD2023-00448 - 620 E 100 SJuly 5, 2023
ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE
DECISION AND FINDINGS
PLNZAD2023-00448
REQUEST:
This is a request for a Determination of Nonconforming Use regarding The Groomery by Sugar
House Pets located at 620 E 100 S (Tax ID# 16-06-229-011-0000). The request is to determine
if this property can be used as retail service as a continuation of a nonconforming use. This
property is located in the RMF-45 zoning district and retail service is not a permitted use.
DECISION:
Based on the provisions of the Zoning Ordinance section 21A.38.040.E, city and county records
and the documentation submitted by the applicant, the Zoning Administrator finds that the
property located at 620 E 100 S is considered to be legal nonconforming office use. A
nonconforming use may be changed to another nonconforming use pursuant to section
21A.38.040.H.1.
FINDINGS:
According to the national registry nomination historic site form, the structure located at 620 E
100 S was built in 1880 to be used as a dwelling. In 1924, an addition was built in front of the
house to be used as a store. The commercial use was established on the property prior to the
City’s first zoning ordinance, adopted in 1927. After the passage of zoning laws, the property was
zoned B-2 residential. In 1958, the property was rezoned to R-6 which was multifamily
residential zone. Finally, in 1995 the property was rezoned to RMF-45, multifamily residential,
and has remained that zoning since.
In 1935, the Board of Adjustment granted a variance (Case No. 583) to build an addition to the
store at 620 E 100 S without the required setbacks. That addition enlarged the commercial use
in front of the house. In 1935, the property was zoned B-2, which did not permit stores. The
approval for the addition and granted variance suggests that the city recognized the use as
legally established. In addition to this case, business license records show that the
nonconforming use has continued to exist on this property. Various retail and office uses have
existed on this property since the variance was granted.
City records do not precisely indicate when the commercial use expanded into the attached
dwelling. However, evidence supports that the building has had two commercial units for
several years. City licensing records indicate that the existing use in both units is office. In 2021,
a business license was issued for an office providing mental health services in unit A. In 2017, a
business licenses was issued for an interior design studio in unit B. Additionally, the owner
states that unit B was utilized as a covid testing location after the business license for the interior
design studio was terminated in 2019.
While unit A will continue to be utilized as an office, the tenant plans to use unit B for pet
grooming. Pet grooming is considered a retail service establishment. The changing of a
nonconforming use of office to retail service establishment would be permitted under
21A.38.040.H.1.
If you have any questions regarding this interpretation, please contact Madison Blodgett at
(801) 535-7749 or by email at madison.blodgett@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.
Madison Blodgett
Associate Planner
CC: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
Applicable Recognized Organizations
Posted to Web
Attachments:
Utah State Historic Preservation Office Records
Variance Cards