§ 9128.14. Residential Condominiums - Development Policy.

The Commission shall review all proposals for residential condominium usage in order to determine their degree of compliance with both the Development Standards and Development Criteria

delineated in CMC § 9128.15 and § 9128.16 . A condominium proposal which does not comply with all of the precise development standards in these sections 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 purpose of CMC § 9128.11 through § 9128.17 .

Recognizing that the conversion of existing multiple residential structures to condominium usage presents unique problems with respect to the requirements of this Section, the Commission is empowered to vary any and all requirements contained herein in 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 CMC § 9128.11 through § 9128.17 . Project characteristics of critical importance in determining whether 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:

Parking Unit size Sound transmission characteristics Private open space Storage space

The Commission also is empowered to impose conditions on its approval of the Conditional Use Permit 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.