ADMINISTRATIVE HEARING
The regular administrative hearing for the Salt Lake City Planning Division was held on Tuesday, July 30, 2002 at 5:00 p.m. at the City and County Building, 451 South State Street, in Room 523. Doug Wheelwright, Deputy Planning Director, was present as the hearing officer and called the meeting to order.
PRINCE Subdivision Amendment located at 1277 East Chandler Circle. John Prince is requesting an amendment to Lots 6 and 7 of the Virginia Heights Plat C Subdivision for the purpose of constructing a swimming pool and retaining wall in the side yard area of the newly combined parcel. Combining the two lots will create one lot with 82,437 square feet in an FR-3 zoning district. (Staff – Greg Mikolash)
John Prince, Joseph Cunningham (Contractor) and Taber C. Jacobs were present.
Thomas F. Anderson, 1322 East Chandler Drive, and William A. Dickinson, 2438 East 2250 North, were present to review the plans.
Mr. Mikolash explained that the Applicant is requesting to combine Lots 6 and 7 for the purpose of constructing a swimming pool and retaining wall. Lot 6 has 64,033 square feet and Lot 7 has 22,404 square feet. Combining the two lots will result in a lot 86,437 square feet.
Mr. Mikolash then reviewed the site plan and explained that the proposal was submitted to all pertinent departments. Public Utilities requires the swimming pool to be connected to the sanitary sewer, and the flow rate must be restricted to 22 gmp or less. They also require indicating the twenty-foot sewer easement that the pool will be attached to on the site plan. Property Management and the Transportation Division had no objections to the proposal. The Fire Department approved the amendment. The Engineering Division noted that curb, gutter and sidewalk exist, and any work in the public way requires a public way permit. The Planning Division requires a building permit and a final plat process. A fee of $300 is required for the final plat process, and the Applicant is asked to submit four tentative sets of plans. Mr. Mikolash noted that a resident to the north and an abutting property owner to the subject property called the Planning Division and inquired about the proposal. They had no concerns once they understood what was going on.
Responding to questions by the Applicants, Mr. Mikolash explained that the final process of the amendment might take another two months. Mr. Wheelwright explained that the proposal is considered a recordable plat, and when an amendment is made, a replacement plat that is actually recorded with the County is required. The final recordable approval process is an administrative process in which all pertinent City departments will sign off on the amended plat, and then it will be recorded with the County. Mr. Wheelwright said that he is willing to authorize a conditional building permit once the appeal period has expired which is ten days from the date of this hearing.
It was noted that Mr. Cunningham met with Public Utilities and Transportation representatives at the site, but he did not receive any comments from them. Mr. Mikolash will forward all department comments to Mr. Cunningham. Mr. Cunningham noted that Public Utilities commented that a public sanitary sewer main runs within the property and the easement for the sewer main must be verified and properly recorded.
Mr. Dickinson said that Mr. Anderson and he agree and approve of the project. They were present also to learn how the process worked.
THEREFORE, Mr. Wheelwright approved the amendment.
Mr. Wheelwright explained that the administrative hearing is in lieu of going before the Planning Commission. An appeal period of ten days is required, so anyone who disagrees with the approval may file a notice with the Planning Staff within the ten days. If an appeal is filed, the action of the administrative hearing officer is stayed and the case is scheduled for the Planning Commission.
UFFENS MARKET PLACE located at 336 West 300 South. Uffens LLC is proposing to convert 10 commercial units and 45 residential units for private condominium ownership purposes. The property is located on .46 acre and is zoned D-3. (Staff – Greg Mikolash)
Bruce Allen, representing Uffens LLC, was present.
Mr. Allen addressed two concerns that arose during the site visit made by Mr. Wheelwright and Mr. Mikolash: 1) A flyer placed on the property advertised day stalls from $10 per day. Mr. Allen said that the day stalls are outdoor spaces for vendors that will be located on the deck level of the project. It is not their intent to rent parking stalls. 2) The park strip in front of the project is hard surfaced while the rest of the block has grass and trees. Mr. Allen said that he believes they had the option to hard surface the area. They were concerned that grass in the park strip would get trampled and ruined.
Mr. Mikolash explained that the Zoning Ordinance allows an exception under the beautification clause intended for only two districts, which are the downtown area and the Sugar House business district. He does not believe that the beautification district extends to the D-3 zoning district. The Ordinance states that “areas where alternative park strip materials could be considered include identifiable nonresidential areas, the beautification concept is not intended or to respond to one or two properties, but in an identifiable district.” It further states that “in park strips over 36 inches in width, a combination of paving materials; gravel, rocks and boulder shall not exceed 67 percent of the total park strip surface area. Poured concrete shall not be used except for carriageways as outlined below.” It was noted that the park strip consists of pavers and poured concrete, and Mr. Allen said that the building plan shows this treatment. Mr. Mikolash noted that someone had to sign off on the plans before the building permit could be issued. He will review the plans to determine whether or not the hard surfacing is correct. Mr. Mikolash then presented the City departmental comments to Mr. Allen, and explained that the final plat approval may proceed upon determination of the landscaping in the park strip.
THEREFORE, Mr. Wheelwright approved the condominium conversion subject to a determination by Planning Staff that the existing park strip treatment is a correct application under the Zoning Ordinance. If the treatment is incorrect, it will be required to be changed to landscaping that meets the Zoning Ordinance requirements.
There being no further business, the meeting adjourned at 5:30 p.m.