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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