PLNZAD2023-00881 - 866 E FairmontParcel Map, current
December 21, 2023
ADMINISTRATIVE INTERPRETATION
DECISION AND FINDINGS
PLNZAD2023-00881
REQUEST:
This is a request for an administrative interpretation regarding whether the property located at
approximately 866 E Fairmont Circle (Tax ID #16-20-327-023) was created legally and what
process would be required to consolidate it with 2462 S 900 E (Tax ID #16-20-327-030), the
abutting property to the east. The subject property has approximately 1,740 square feet of lot area,
25’ of lot width, and is located in the RMF-30 (Low-Density Multi-Family Residential) zoning
district.
DECISION:
The Zoning Administrator finds that the subject property located at approximately 866 E
Fairmont Circle was established in 1974 without City approval and is not recognized as a legal lot.
The Fairmont Circle subdivision would need to be amended to establish this property as a legal
lot. Any modifications to zoning or subdivision requirements would require Planned
Development approval from the Planning Commission.
FINDINGS:
The Fairmont Circle Subdivision Plat was recorded in 1960. Together, 860 and 866 E Fairmont
Circle comprise “Lot 7” of this subdivision. The parcel map above shows the current property line
configuration of these properties. The plat drawing on the following page shows the original
configuration of Lot 7.
H.S. and Lucille Barrington purchased Lot 7 in 1965. The legal description on the deed that
conveyed ownership to the Barringtons simply states:
All of Lot 7, according to the plat thereof, recorded in the office of the County
Recorder of said County.
Lot 7 was subsequently subdivided into 860 and 866 E Fairmont Circle by the attached deeds and
sold to different parties in 1974 and 1980, respectively. The legal descriptions on these deeds are
equivalent to the current legal descriptions for these properties:
860 E -
1974 Legal Description;
Current Legal Description:
BEG AT NW COR LOT 7, FAIRMONT CIRCLE, S 76°03'33" E 116.28 FT;
S 15°05' W 55.9 FT; S 89°51'12" W 112.73 FT; N 9°56'31" E 83.53 FT TO
BEG.
Fairmont Circle Plat, 1960
The subject property was conveyed together with 2462 S 900 E with a deed that includes legal
descriptions for both properties. Since 1980, the two properties have been conveyed together
several times by deeds with both legal descriptions as seen below:
1980 Legal Descriptions:
Current Legal Descriptions:
BEG 94.675 RDS N FR SE COR BLK 44 10 AC PLAT A BIG
FIELD SUR N 48.163 FT S 89^51'12" W 147.93 FT S 0^21'11"
W 48.163 FT E 147.93 FT TO BEG
COM AT NE COR LOT 7, FAIRMONT CIRCLE, N 76^03'33"
W 23.72 FT. S 15^05' W 55.9 FT; N 89^51'12" E 37.27 FT; N
48.16 FT TO BEG.
The subdivision regulations in place in 1974 would not have allowed for a lot within a platted
subdivision to be further subdivided without City approval. Additionally, both 860 and 866 E
Fairmont Circle do not appear to have complied with minimum lot area requirements at the time
866 E Fairmont Circle was created. This area was zoned “R-4” from approximately 1958 – 1986.
The building at 860 E Fairmont Circle is a fourplex, which would have required at least 8,000
square feet of lot area under the R-4 zoning regulations when the building was constructed in
1963. The current RMF-30 regulations also require 8,000 square feet of lot area for 4 units. The
lot met this minimum when the fourplex was constructed, but when it was subdivided, the lot area
decreased to approximately 6,970 square feet, no longer meeting the mi nimum lot area
requirement.
866 E -
2462 S -
866 E -
2462 S -
The descriptions above describe the two properties highlighted in yellow. This parcel map was created
sometime between 1979 & 1983 and is the earliest parcel map available that displays 866 and 860 E as
separate parcels.
The smallest lot size allowed by the R-4 zoning regulations would have been 5,000 square feet for
a single-family dwelling. The subject property, 866 E Fairmont Circle, has approximately 1,742.4
square feet of lot area and does not comply with this require ment. Provision 21A.38.060 of the
City’s zoning ordinance allows a piece of subdivided property to be approved as a legal
noncomplying lot if it met the minimum zoning and subdivision requirements at the time it was
created. The zoning administrator finds that the subject property did not meet the minimum
zoning and subdivision requirements at the time the property was separated from 860 E Fairmont
Circle and is not recognized as a legal lot.
For the subject property to be recognized as a legal lot, the property would have to comply with
all applicable zoning and subdivision requirements or the standards modified through a Planned
Development (Chapter 21A.55). As proposed, the consolidation of 866 E Fairmont Circle and
2462 S 900 E would require Planned Development approval for a reduction in required lot area
for 860 E Fairmont Circle and a Plat Amendment to change the boundaries of the Fairmont Circle
Subdivision. The Planned Development petition would need to include all three properties — 860
and 866 E Fairmont Circle, and 2462 S 900 E — to comply with the minimum planned
development size as required by table 21A.55.060 and the RMF-30 density requirements in table
21A.24.120.G.
If you have any questions regarding this interpretation, please contact Trevor Ovenden at (801)
535-7168 or by email at trevor.ovenden@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.
Trevor Ovenden
Principal Planner
CC:
Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
Posted to Web
Attachments:
Building permit – 860 E Fairmont Circle
Excerpt from 1963 Zoning map
Excerpt from 1964 Zoning regulations
Deeds
Fairmont Circle Subdivision Plat
Undated Parcel Map
Current Parcel Map
1963 Building Permit – 860 E Fairmont Circle
1963 Zoning Map
1964 Zoning Regulations