DECISION BY THE LAND USE
APPEALS HEARING OFFICER Petition No. PLNBOA2012-00752
DECISION BY THE LAND USE
APPEALS HEARING OFFICER Petition No. PLNBOA2012-00752
Approx. 380 East 600 South
Hearing Date: December 5, 2012
Re: A request by Akbar Matinkhah for a variance for two lots of approximately 3,300 square feet in size and 40 feet in width. The minimum lot size allowed in the area is 5,000 square feet and 50 feet in width. The Subject Property is located in the R.MF-35 (Moderate Density Multi-Family) zoning district.
This matter was heard by the Salt Lake City Appeals Hearing Office, Craig Call, on December 5, 2012. The Applicant, Akbar Matinkhah, was present as was Ray Milliner from the Planning Staff. A public hearing was conducted, at which no public comments were made. The Applicant and the City Staff concurred at the hearing with regard to the appropriateness of granting the variance, and the proposed condition to be imposed with the variance. After reviewing the written information, and without objection or comment from those notified of the hearing and otherwise involved, I hereby grant the variance.
1. It is determined that each of the five requirements imposed on the granting of a variance have been met by the provision of substantial evidence in the record.
2. The findings in the Staff Report which was published on November 29, 2012 are incorporated herein by this reference.
3. This variance is granted with the condition that the applicant shall complete all Zoning Ordinance requirements for a lot line adjustment prior to commencement of any construction on either lot which is the subject of the variance.
4. This decision is based on the entire record of this matter, and not only upon those portions of the record specifically cited here.
5. This decision is effective as of December 11, 2012.
Any person adversely affected by any decision of the Appeals Hearing Officer may within thirty (30) days after written decision file a petition for review with the Utah State Third District Court in accordance with Utah Code §10.9A-801.
If you have any questions or concerns, please contact Ray Milliner at the Salt Lake City Planning Office at 801-535-7645 or at ray.milliner@slcgov.com.
Craig Call Appeals Hearing Officer