PLNZAD2023-00953 - 1150 E BuenoFebruary 28, 2024
ADMINISTRATIVE DETERMINATION OF NONCONFORMING USE
DECISION AND FINDINGS
PLNZAD2024-00953
REQUEST:
This is a request by property owner Paula Gardner for a Determination of a Nonconforming Use
regarding the subject property at approximately 1146-1160 E Bueno Avenue (Tax ID # 16-05-251-
041-0000). The applicant is specifically requesting to legalize one unit at the rear of the single-
story home at 1150 E Bueno Avenue and one unit at the rear of the single-story home at 1160 E
Bueno Avenue and have both structures recognized as legal nonconforming duplexes. The subject
property has a lot area of approximately 0.34 AC or 14,810 SF, a lot width of approximately 111.25
FT, and is located in the R-2 Single- and Two-family Residential District. The R-2 permits a two-
family use on lots with a minimum lot size of 8,000 SF and a minimum lot width of 50 FT.
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 units existed prior to April 12, 1995 and
that the excess units have been maintained as separate dwelling units since April 12, 1995. The
applicant provided copies of leases, affidavits and other supporting documents, which are
attached to this letter.
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 Noah Elmore at (801) 535-
7971 or by email at Noah.Elmore@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.
Noah Elmore, AICP
Associate Planner
CC: Nick Norris, Planning Director
Mayara Lima, Zoning Administrator
Casey Stewart, Planning Manager and Development Review Supervisor
East Central Community Council
Posted to Web
Attachments:
Court document
Neighbor Affidavit
Screenshot of Rent Payments
Signed Leases