HomeMy WebLinkAboutAV 04-04; Nowicki Condominium Conversion; Administrative Variance (AV) (5)5-28-04: 7 : 45Ah4: -
RONALD R. BALL
JANE MOBALDI
ASSfSTANT CITY ATfORNEY
CITY AlTCRNEY
SUSANNE M. PARSONS
DEPUTY CITY AlTORNEY
RONALD KEMP
DEPUTY CITY AmORNEY
CI JY OF CARLSBAD
1200 CARLSBAD VILLAGE DRIVE CARLSBAD, CALIFORNIA 92008-1 989
(760) 434-2891 FAX: (760) 434-8367
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RANOEE HARUB
SECRETARY m CITY ATTORNEY
ARDlS SElDEL
LEGM SECR€TARY/PNWEGN
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5-25-04 : 7 : 45AhA:
I slrv[ *. =-- CITY OF CARLSBAD
wc 0 REQUEST FOR LEGAL ADVICE
TO: CITY ATTORNEY
FROM: Jessica Galloway
Date Sent: May 13, 2004
Date Needed: May 19, 2004
Department: Planning
SUBJECT: CP 03-08, AV 04-04 - Nowicki Condominium Conversion
This application is filed to request conversion of an existing non-conforming, single ownership, duplex into separate airspace ownership. Since the property is zoned R-2, existing placement of the duplex is non-conforming according to setbacks and PD Ordinance.
ADVICE REQUESTED:
1. Chapter 21.45 Planned Development Ordinance, Section 21.45.1 1O.A states that uAny application for condominium conversion, shall not be subject to the amended provisions ... but shall be processed pursuant to the ordinance in effect at the time that the original project was approved or constructed.
This project was originally approved and constructed in 1972 under the county and then annexed on October 16, 1972, and there was no PUD ordinance in effect at that time. Does this mean the requested conversion to condominium ownership does not need to comply with any PUD regulations?
2.
BACKGROUND INFORMATION: Prepare synopsis of facts, giving as many as possible.
Attach additional sheets if necessary, or copies of supporting documents.
The subject site, 2426-2428 Torrejon Place, is an existing single ownership duplex, built in 1972. The subject site is zoned R-2, and has a General Plan designation of RM. building is non-conforming due to a side yard setback of 3' which can be approved by ah administrative Variance. Many of the duplexes in this neighborhood have already been converted to condominiums and do not meet all the provision of today's PD standards.
Prepared By: Jessica Galloway
Approved By:
Request Noted:
City Manager
5-25-04: 7:45AM: a=>. FLANN I NG :-6;234e36-
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THIS SIDE FOR CcrV AllORNEY'S OFFICE USE
Date: 5=25f-o Y
Opinion
Oral:
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Advice Noted:
City Manager