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PLNZAD2023-00856 - 553 E EMERSONNovember 13, 2023 ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE DECISION AND FINDINGS PLNZAD2023-00856 REQUEST: This is a request by Krystle Payne, representing the property owner KP Emerson, LLC, for a Determination of a Nonconforming Use regarding the subject property at approximately 553 E Emerson Avenue (Tax ID #16-18-228-021-0000). The applicant is specifically requesting to legalize a unit on the bottom story of the two-story home and have the structure recognized as a legal nonconforming duplex. The subject property has a lot area of approximately 0.0958 acres or 4,173 square feet, a lot width of approximately 39 feet, and is located in the R-1/5,000 (Single-Family Residential District) Zone. The R-1/5,000 Zone does not permit two-family dwellings or twin homes. DECISION: Based on the review standards listed in 21A.38.075 and the documentation submitted by the applicant, the Zoning Administrator approves the legalization of the excess dwelling unit and recognizes the structure on the property as a legal nonconforming duplex. The determination is subject to the following conditions of approval: 1. The unit owner shall allow the City’s Building Office or designee to inspect the dwelling unit to determine whether the unit substantially complies with the basic life safety requirements as provided in Title 18, Chapter 18.50, “Existing Residential Housing,” of this code. The inspection can be scheduled by calling the Civil Enforcement division at (801)535-7225 or email civilenforcement@slcgov.com. 2. All required corrections indicated during the inspection process must be completed within one year unless granted an extension by the Zoning Administrator. FINDINGS: The applicant provided evidence that the excess dwelling unit existed prior to April 12, 1995. The applicant has provided a lease that was signed on February 22, 1994, that was to cover the time period from March 1994 until March 1995. The applicant has also provided a ledger that the previous owner of the property kept. The ledger details the residents of the structure, the start date and end date of their occupancy, and which unit they occupied. Additionally, the applicant has provided a letter from Rocky Mountain Power that states, “Per our records both addresses were established in 1967 and has been occupied since 1995 and every 5 years since, to this present date.” The documents comply with the standards of review for unit legalization in section 21A.38.075 of Zoning Ordinance. Standards for Unit Legalization: Any request to approve an existing excess unit must comply with the following: 1. The dwelling unit existed prior to April 12, 1995. In order to determine whether a dwelling unit was in existence prior to April 12, 1995, the unit owner shall provide documentation thereof which may include any of the following: a) Copies of lease or rental agreements, lease or rent payments, or other similar documentation showing a transaction between the unit owner and tenants; b) Evidence indicating that prior to April 12, 1995, the city issued a building permit, business license, zoning certificate, or other permit relating to the dwelling unit in question; c) Utility records indicating existence of a dwelling unit; d) Historic surveys recognized by the planning director as being performed by a trained professional in historic preservation; e) Notarized affidavits from a previous owner, tenant, or neighbor; f) Polk, Cole, or phone directories that indicate existence of the dwelling unit (but not necessarily that the unit was occupied); or g)Any other documentation that the owner is willing to place into a public record which indicates the existence of the excess unit prior to April 12, 1995. 2. The excess unit has been maintained as a separate dwelling unit since April 12, 1995. In order to determine if a unit has been maintained as a separate dwelling unit, the following may be considered: a) Evidence listed in Subsection B.1 of this section indicates that the unit has been occupied at least once every five (5) calendar years; b) Evidence that the unit was marketed for occupancy if the unit was unoccupied for more than five (5) consecutive years; c) If evidence of maintaining a separate dwelling unit as required by Subsection B.1 of this section cannot be established, documentation of construction upgrades may be provided in lieu thereof. d) Any documentation that the owner is willing to place into a public record which provides evidence that the unit was referenced as a separate dwelling unit at least once every five (5) years. If you have any questions regarding this interpretation, please contact Benjamin Buckley at (801) 535-7142 or by email at benjamin.buckley@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. Benjamin Buckley Associate Planner CC: Nick Norris, Planning Director Mayara Lima, Zoning Administrator Casey Stewart, Planning Manager and Development Review Supervisor Benjamin Buckley Liberty Wells Community Council Posted to Web Attachments: Vicinity map of subject property Applicant provided lease copies Ledger of occupants Letter from Rocky Mountain Power 60 0 E Emerson Ave Cleveland Ave Kensington Ave Pa r k S t 529 518 531 543 546 562 509 1466 526 540532 542536 525 570 522 569 519 519 1521 1411 1460 1453 547 565529555523551561517 571 534528 524 530 566532548 574524538 542 518 528 552550 558 520 1524 563 556 543 557553549 552 543 539 549 553 565559 567 582 586576 560556 539 544 533 548 529 535 558 570 526 1445 1518 1415 1459 585581 1517 1452 1523 1424 1442 575 1448 1485 1504 1482 562 1498 1496 1490 1486 1477 1429 1417 1435 1493 1497 1501 574 R-1-5000 R-1-5000 R-1-5000 R-1-5000 R-1-5000R-1-5000 R-1-5000 R-1-5000 R-1-5000 R-1-5000 R-1-5000 R-1-5000 R-1-5000 R-1-5000 R-1-5000 Vicinity Map ¯ Salt Lake City Planning Division 11/8/2023 Subject Property Zoning Districts R-1/5,000 Single-Family Residential 60 0 E 50 0 E Wood Ave 0 60 120 18030 Feet October 13, 2023 Kp Malvern Llc. krystlerpayne@gmail.com Account # 65601392 001 1 Dear Krystal Payne: Thanks you for contacting up regarding the property addresses of 553 E Emerson Ave and 553 E Emerson Av # B Apt both in Salt Lake City, UT. Per our records both address were established in 1967 and has been occupied since 1995 and every 5 years since, to this present date. We're always here for you and ready to help. Please visit our website and select "Contact Us" or call us at 1-888-221-7070. A specialist from our customer care team will be happy to assist you. Thank you for being our customer. Sincerely, Rocky Mountain Power www.rockymountainpower.net Para más información, llame al 1-888-225-2611 para hablar con un especialista en español. Our vision is to be the best energy company in serving our customers and supporting our communities while delivering sustainable energy solutions for generations. Find out more at poweringgreatness.com.