(A) To achieve the purpose of this section, all proposals for condominium usage made pursuant to the provisions of this section, including the conversion of existing residential structures to condominiums, shall conform to the condominium development standards provided for in this section. Additionally the Commission shall review the project proposal in order to determine its degree of compliance with both the condominium development standards and development criteria delineated in §§ 10.146.070 and 10.146.080 of this chapter. A condominium proposal which does not comply with all of the precise development standards in this chapter may be approved where the Commission finds that there are unusual circumstances regarding the development’s location, site or configuration, that the project is in substantial compliance with both the development standards and development criteria, and that there are mitigating features incorporated in the project which tend to further the expressed intent and purposes of this section.
(B) Recognizing that the conversion of existing multiple residential structures to condominium usage presents unique problems with respect to the requirements of this section, the City Planning Commission is empowered to vary any and all requirements contained herein with regard to a particular conversion proposal upon a finding that the creation of the proposed condominium will not have the potential to contravene the intent and purpose of this chapter. Project characteristics of critical importance in determining whether or not a proposed conversion has that potential include the age of the structure and the degree to which the proposal varies from the required standards for the following:
(1) Parking;
(2) Minimum unit size is 800 square feet;
(3) Sound transmission characteristics;
(4) Private open space; and
(5) Storage space.
(C) The City Planning Commission is also empowered to impose conditions on its approval of the site plan which would require that specified modifications, designed to bring a structure more nearly into compliance with the condominium development standards contained herein, be made to the structure proposed for conversion.
(1995 Code, § 10.146.060) (Ord. 05-1990, passed 11-15-2005)