land use hearing officer summary and recommendation

of 5

Land Use Hearing Officer Summary and Recommendation

Request Type: Variance

Parcel ID: 16-29-178-048 (in Millcreek

Boundary) & 16-29-178-010 (in Salt Lake

Boundary)

Property Address: 870 E Elgin Ave

Current Zone: R-1-6

Applicant Name: Ezra Nielsen

Planner: Erin O’Kelley

Recommendation: Approval

The applicant is requesting to construct a detached garage on a lot not occupied by a main building. The

applicant owns two parcels the together are a single-family lot. One parcel (010) has a single-family house

frontage on Elgin Ave that is located in Salt Lake City. The second parcel (048) is located South of the

main house and is the rear yard for the single-family house. Parcel 048 is located within the Millcreek

boundary. In the R-1-6 zone accessory uses and building are permitted, but by definition an accessory

building must be located on a lot with a main building and must be incidental to the main use of the lot.

The applicant is requesting a variance to allow for an accessory structure to be built on a lot not occupied

by a main building or use.

ZONE PERMITTED USES

All R-1 Zones Accessory uses and buildings

Agriculture

Home business, subject to MKZ 19.85;

File # LUHO -20-005

Millcreek Council

Jeff Silvestrini, Mayor

Silvia Catten, District 1

F. Dwight Marchant, District 2

Cheri Jackson, District 3

Bev Uipi, District 4

Millcreek Offices

3330 South 1300 East

Millcreek, Utah 84106

801-214-2700

www.millcreek.us

of 5

Home daycare/preschool, subject to MKZ 19.04.293

Household pets

Residential facility for persons with a disability

Short-term rentals provided a valid Millcreek business license has been issued

and in good standing with respect to the property;

R-1-6, R-1-7, R-

1-8, R-1-10, R-1-

15

Single-family dwelling

R-1-21, R-1-43 Guesthouse, the square footage must be less than one thousand two hundred

square feet

Maximum of four horses for private use only, not for rental

Single-family dwelling

19.04.090 Building, Accessory

"Accessory building" means a detached building that is clearly incidental to and located upon the same

lot occupied by the main building, and that is subordinate in height and area to the main building.

Accessory buildings are compatible in terms of materials and massing with the main building. Also, a

building clearly incidental to an agriculture or animal care land use located on a lot in an agriculture zone,

which lot meets the minimum lot size for such zone and is not under one acre in area.

CONCEPT PLAN (See attached documents)

https://millcreek.municipalcodeonline.com/book?type=planzone#name=19.04.090_Building,_Accessory

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Requirement Existing( Accessory

Structure) Zone Requirement

Proposed

Height n/a 14-24 16’6”

Front Yard Setback n/a Required to be in side

or rear yard Rear Yard

Side Yard Setback n/a 30 inches plus 1 foot

for every foot over 14 feet

3 Feet (Code Requires 4.5 feet

minimum)

Rear Yard Setback n/a 30 inches plus 1 foot

for every foot over 14 feet

Code requires 4.5 feet minimum

Lot Width 60 Feet 60 Feet unchanged

Lot Area 8,712 Sq Ft Min 8,000 Sq Feet unchanged

Lot Coverage 32% 33% Maximum unchanged

PLANNING STAFF ANALYSIS

Utah Code states five things that the Land Use Authority must find in order to grant a variance:

UCA 10-9a-702. Variances.

The authority shall have the following powers to authorize on appeal in specific cases a variance from the

terms of this title. The authority may grant a variance only if:

1. Literal enforcement of this title would cause an unreasonable hardship for the applicant

that is not necessary to carry out the general purpose of this title.

For the proposed detached garage to be built into compliance with Millcreek ordinances that structure is

required to be built on the same lot as the main dwelling. For this to occur the applicant would need to

file for a lot consolidation. With the circumstance of the two properties in two separate municipalities it is

unlikely that a lot consolidation could happen due to taxing and other factors that may impose other

hardships on the property owner.

2. There are special circumstances attached to the property that do not generally apply to

other properties in the same district.

Through nature of the lot being separate parcels and within different municipalities this makes the

property not eligible for lot consolidation to bring the lot into compliance with Millcreek codes. While

Millcreek has other parcels like this in the City. This is not a hardship that most property owners have on

traditional residential lots in Millcreek.

3. Granting the variance is essential to the enjoyment of a substantial property right

possessed by other property in the same district;

of 5

The additional area that the property owner currently has in their backyard would in most situations be

eligible for development and construction of accessory structures should a property owner choose to

exercise this right. All property owners have the right to construct accessories structures on their property

if they can meet all applicable ordinances. The special circumstances attached to this lot render the

backyard area unbuildable. Without the presence of a municipal boundary spanning the lot, the property

would be enjoying the same rights like adjacent property owners.

4. The variance will not substantially affect the general plan and will not be contrary to the

public interest;

Our Future Land Use Map and General Plan identifies this area as Neighborhood 1. According to the

General Plan Neighborhood is reserved for single-family to two-family uses, 1-2 stories. The applicant’s

proposal is compatible with the General Plan.

5. The spirit of this title is observed and substantial justice is done.

The State law states that “(t)he authority make grant a variance only if” all of the requirements listed are

met.

STAFF RECOMMENDATION

Staff does not object to granting the variance to allow a detached structure on a lot not accompanied by

a main dwelling. Staff is recommending that the applicant still be held to all applicable code requirements

in 19.14 R-1 zones and 19.71 RCOZ.

SUPPORTING DOCUMENTS

1. Applicant’s Plans

SHEET DESCRIPTION:

DATE:

PROJECT #:PROJ. MAN.:

CHECKED BY:

MARK

THE INFORMATION HEREIN IS THE PROPERTY

OF DALLAS NELSON ARCHITECTURE, INC. AND

MAY NOT BE REPRODUCED WITHOUT WRITTEN

CONSENT.© 2020 D.N.A., INC.

A

1 2 3 4 5

B

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SHEET:

PROJECT:

REVISION DATE

DALLAS NELSON

ARCHITECTURE, INC.801-953-3294 [email protected]

1912 CONCORD PLACESARATOGA SPRINGS, UT 84045

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NEW GARAGE

868 E. ELGIN AVEMILLCREEK, UTAH

COVER SHEET G000

12 MAY, 2020

20-06DBN

DBN

NEW GARAGE868 E. ELGIN AVE

MILLCREEK, UT

12 MAY, 2020

ENGINEERING CONSULTANTS

ELECTRICAL

MECHANICAL & PLUMBING

STRUCTURAL

NONE

NONE

JAY ADAMS, P.E.801-356-1140

G000 COVER SHEETAS101 SITE PLANA101 FLOOR PLAN & ROOF PLANA201 EXTERIOR ELEVATIONSA301 3-D VIEWS

S101 STRUCTURAL DRAWINGS

SHEET INDEX

100% CONSTRUCTION DOCUMENTS CODE CRITERIA2015 IRC

1

2018/7/27

NOT FOR

CONSTRU

CTION

2019/9/122020/3/142020-4-22020-5-82020-5-12

Bonny Aguilar

Text Box

No electrical to garage approved.

Bonny Aguilar

Land Use Approval

WEST PROPERTY LINE

SO

UT

H P

RO

PE

RT

Y L

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EAST PROPERTY LINE

NEW GARAGE

EXISTING HOUSE

EXISTING DRIVEWAY

EL

GIN

AV

E

EXISTING LANDSCAPING


CLE

AR

3'-0

"16

'-6"

20'-6

"CLEAR

3'-0"25'-0"30'-11"


NO

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H P

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INE


SHEET DESCRIPTION:

DATE:


CHECKED BY:

MARK





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NEW GARAGE


SITE PLAN AS101

12 MAY, 2020

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D1 SITE PLAN

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A201

D3

A201B1

A201

B3

A201 D1 25'-0

"

7'-2" 3'-0" 2'-3" 3'-2" 11"

6'-6

"12

'-0"

6'-6

"

3-0 x 6-8 STEEL INSULATED DOOR

TYPICAL EXTERIOR WALL CONSTRUCTION: CONCRETE FOUNDATION, CEMENT FIBER SIDING, TYVEK HOUSE WRAP, 7/16" O.S.B., 2X6 STUDS @ 16" O.C., 5/8" TYPE "X" GYP. BOARD.

16'-6"

8' X 12' OVERHEAD DOOR WITH OPENER

3-0 x 3-0 LOW-e VINYL SLIDING WINDOW, ALIGN

HEAD WITH ADJACENT DOOR

D1

A101

A201B1

A201

B3

30 YR ASPHALT SHINGLES OVER 30# ROOFING FELT. USE ICE AND WATER SHIELD WITHIN 24" OF ROOF EDGES AND PEAK

A201 B1

A201

D3

4:12

ALUMINUM FASCIA & FULLY VENTED SOFFIT

4:12

SEAMLESS ALUMINUM RAINGUTTER W/

DOWNSPOUTS

D1

A101

20" X 10" CONTINUOUS FOOTING WITH (2) #4 BARS CONTINUOUS. SET BOTTOM OF FOOTING AT 30" MIN. FROST DEPTH.

ANCHOR 2X4 TREATED SILL PLATE W/ 1/2" DIA. X 10" J BOLTS AT 32"

O.C. W/ 1/4"X3"X3" PLATE WASHERS.

8" CONCRETE STEM WALL W/ WITH #4 BARS AT 18" O.C. EACH WAY AND (2)

#4 HORIZONTAL TOP AND BOTTOM

CEMENT FIBER SIDING OVER BARRIER OVER 7/16" O.S.B. SHEATHING

DOUBLE 2X6 TOP PLATE

ROOF SHEATHING OVER WOOD JOISTS. SEE ROOF FRAMING NOTES

2X12 RIM BOARD

8" VERTICAL FLASHING WITH DRIP EDGE

30 YR ASPHALT SHINGLES OVER 30# ROOFING FELT. USE ICE

AND WATER SHIELD WITHIN 24" OF ROOF EDGES AND PEAK

VENTED ALUMINUM FASCIA & VENTED ALUMINUM SOFFIT

RAINGUTTER WITH DOWNSPOUTS

STRUCTURAL BLOCKING

12

4

8' X 12' OVERHEAD DOOR WITH OPENER

SHEET DESCRIPTION:

DATE:


CHECKED BY:

MARK





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NEW GARAGE


FLOOR & ROOF PLANS, SECTION A101

12 MAY, 2020

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SCALE: 1/4" = 1'-0"A101

D3 FLOORPLAN

SCALE: 1/4" = 1'-0"A101

B3 ROOF PLAN

N

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D1 BUILDING SECTION

2018/7/27

NOT FOR

CONSTRU

CTION

2019/9/122020/3/142020-4-22020-5-82020-5-12

Bonny Aguilar

Land Use Approval

100'-0"

MAIN LEVEL

109'-0"

JOIST BEARING

CEMENT FIBER SIDING WITH TRIM (NOT SHOWN)

8" FLASHING W/ DRIP EDGE, TYPICAL

116'-8"

T.O. ROOF

30 YR ASPHALT SHINGLES OVER 30# ROOFING FELT. USE ICE AND WATER SHIELD WITHIN 24" OF ROOF EDGES AND PEAK

ALUMINUM FASCIA & SOFFIT

CONCRETE FOUNDATION WALL

12

4

SEAMLESS ALUMINUM RAINGUTTER W/ DOWNSPOUTS

3-0 X 6-8 STEEL INSULATED DOOR

3-0 X 3-0 VINYL WINDOW

100'-0"

MAIN LEVEL

109'-0"

JOIST BEARING



30 YR ASPHALT SHINGLES OVER 30# ROOFING FELT. USE ICE

AND WATER SHIELD WITHIN 24" OF ROOF EDGES AND PEAK

12

4

116'-8"

T.O. ROOF


8" T

YP

.

ALUMINUM SEAMLESS RAINGUTTER & DOWNSPOUT

100'-0"

MAIN LEVEL

109'-0"

JOIST BEARING

30 YR ASPHALT SHINGLES OVER 30# ROOFING FELT. USE

ICE AND WATER SHIELD WITHIN 24" OF ROOF EDGES AND PEAK


116'-8"

T.O. ROOF

FLASHING W/ DRIP EDGE


OVERHEAD SECTIONAL DOOR, COORDINATE STYLE WITH OWNER

D1

A101

100'-0"

MAIN LEVEL

109'-0"

JOIST BEARING

30 YR ASPHALT SHINGLES OVER 30# ROOFING FELT.

USE ICE AND WATER SHIELD WITHIN 24" OF

ROOF EDGES AND PEAK

SEAMLESS ALUMINUM RAINGUTTER W/

DOWNSPOUT


116'-8"

T.O. ROOF



8" T

YP

.

D1

A101

SHEET DESCRIPTION:

DATE:


CHECKED BY:

MARK





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REVISION DATE

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NEW GARAGE


EXTERIOR ELEVATIONS A201

12 MAY, 2020

20-06DBN

DBN

SCALE: 1/4" = 1'-0"A201

D3 NORTH ELEVATION

SCALE: 1/4" = 1'-0"A201

B3 SOUTH ELEVATIONSCALE: 1/4" = 1'-0"A201

B1 WEST ELEVATION

SCALE: 1/4" = 1'-0"A201

D1 EAST ELEVATION

1

2018/7/27

NOT FOR

CONSTRU

CTION

2019/9/122020/3/142020-4-22020-5-82020-5-12

Bonny Aguilar

Land Use Approval

SHEET DESCRIPTION:

DATE:


CHECKED BY:

MARK





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SHEET:

PROJECT:

REVISION DATE

DALLAS NELSON



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NEW GARAGE


3-D VIEWS A301

12 MAY, 2020

20-06DBN

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SCALE:A301

D1 GARAGE AXONOMETRIC 3

SCALE:A301

B3 PERSPECTIVE 3

SCALE:A301

B5 PERSPECTIVE 2

SCALE:A301

GARAGE AXONOMETRIC 1C1

SCALE:A301

GARAGE AXONOMETRIC 4D3

SCALE:A301

GARAGE AXONOMETRIC 2C3

SCALE:A301

C5 PERSPECTIVE 1

2018/7/27

NOT FOR

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2019/9/122020/3/142020-4-22020-5-82020-5-12

Bonny Aguilar

Land Use Approval

4" CONCRETE SLAB WITH #4 BARS AT 18" EACH WAY.

BLOCK OUT FOUNDATION AND POUR SLAB THROUGH AT OPENINGS

ANCHOR TREATED SILL PLATE W/ 1/2" DIA. X 10" J-BOLTS AT 32" O.C. W/ 1/4"X3"X3" PLATE WASHERS EACH ANCHOR

10" THICK X 20" WIDE CONTINUOUS FOOTING WITH (2) #4 BARS LENGTHWISE. SET BOTTOM OF FOOTING AT 30" MIN. FROST DEPTH.

8" CONCRETE FOUNDATION WALL W/ #4 BARS AT 18" O.C. VERTICAL AND (2) #4 HORIZONTAL TOP AND BOTTOM

CONCRETE ENCASED UFER GROUND

CONTROL JOINTS IN SLAB

D1

A101

STHD14

BLOCK OUT FOUNDATION AND POUR SLAB THROUGH AT OPENINGS

STHD14

STHD14

STHD14

SHEATH ROOF WITH 7/16" O.S.B. ATTACH WITH 8d NAILS AT 6" O.C. PANEL EDGES, 12" O.C. IN FIELD

4:12

ROOF FRAMING NOTES:FRAME ROOF WITH 11 7/8" TJI/110 @ 24" O.C. PROVIDE SIMPSON H2.5 EACH END OF EACH JOIST. BLOCK BETWEEN EACH JOIST

ATTACH 7/16" EXTERIOR OSB W/ 8d NAILS AT 6" O.C. PANEL EDGES, 12" O.C. IN FIELD U.N.O.

4:12

D1

A101

SHEATH FLOOR WITH 3/4" O.S.B. ATTACH WITH 8d NAILS AT 6" O.C. PANEL EDGES, 12" O.C. IN FIELD

FLOOR FRAMING NOTES:FRAME FLOOR WITH 11 7/8" TJI/110 @ 24" O.C. PROVIDE 1 1/8" RIM BOARD AROUND PERIMETER

ATTACH 7/16" EXTERIOR OSB W/ 8d NAILS AT 6" O.C. PANEL EDGES, 12" O.C. IN FIELD U.N.O.

(2) 2X8 HEADER WITH(1) TRIMMER & (1) KING STUD

OPEN

(2) 11 7/8" LVL HEADER W/ (3) KING STUDS

(2) 11 7/8" LVL

(1) 1

1 7/

8" L

VL

EXTEND HEADER TO CORNER EACH END & CONSTRUCT WALL PEIRS PER D1/S101

D1

A101

(2) 11 7/8" LVL

4'-8"

SHEET DESCRIPTION:

DATE:


CHECKED BY:

MARK





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PROJECT:

REVISION DATE

DALLAS NELSON



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NEW GARAGE


STRUCTURAL DRAWINGS S101

8 MAY, 2020

20-06DBN

DBN

SCALE: 1/4" = 1'-0"S101

D3 FOOTING & FOUNDATION PLAN

SCALE: 1/4" = 1'-0"S101

B3 ROOF FRAMING PLAN

N

N

SCALE: 1/4" = 1'-0"S101

B1 ATTIC FRAMING PLANN

SCALE:

D1

S101

HEADER DETAILNTS

1

STHD14 STHD14

Bonny Aguilar

Land Use Approval

land use hearing officer summary and recommendation

Documents