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Update on Non-Conforming Properties Built Before 1959

Posted on Feb 10th, 2012

Councilor Trudy Jones, President of the City of Albuquerque City Council, has recognized the problem facing those who own or are selling non-conforming properties.  Non-conforming properties included apartments, casitas, or mother-in-law quarters. These properties were not consistent with the zoning code that was adopted in 1959 and were given 53 years (form most properties) to come into compliance by March 28, 2012.  If not approved, they were required to be removed or converted.

Councilor Jones will introduce legislation in the next City Council meeting that will effectively state that the law requiring the removal or conversion of certain nonconforming buildings shall not be enforced until further action of the City Council with respect to these buildings.

Once the legislation is introduced, a copy will be posted for your review.

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Comments (7)

I have to ask in terms of the originally proposed enforcement, exactly what problems did these properties cause that were allegedly being remedied? We've treated these as grandfathered units for over 50 years. Why the need to change course? Whenever a policy or law requires that property rights or freedoms are reduced, it should be due to some sort of problem or public nuisance, not just because we can. Is the cost of continuing the grandfathered status more expensive than the proposed enforcement? I seriously doubt that.

 

Caterina Platt

There is a judicial process that has to be followed to change any law, zoning or ordinance. They have to stop enforcement first, then introduce new legislation, and vote on it. Stopping the enforcement is the first step to that process. The City Council does tremendous work for the city. I recommend attending the council meetings so you can understand that process, and have your voice heard. It is my understanding that the Council can make it to where the properties affected be grandfathered in permanently. So, the "shall not be enforce" will more thank likely happen. It just takes time and a number of council meetings sometimes to get it done. They address these things as they come up.

 

Valerie Garcia

The horse is out of the barn. Enforcement is too impractical and costly. (ex 6000+ properties, how many inspectors are there? If you average 100 cases a month/zoning hearing, that would be a 5 year minimum. What would that accomplish and what do we do in the meantime? The uncertainty of what is and what is not allowable is hurting our neighborhoods and impacting the buying and selling of real estate. The most efficient and practical solution is to grandfather in existing accessory structures as they stand and inspect/enforce future structures. Don't think there would be many dissenters over this.

 

Alyce Martin


Trudy thanks for effort, however this dosn"t solve the problem,

 

Severiano Abeyta

Good start! The costs of conformity to all parties/entities wheather public or private would be herendous. In the current economy and the Aging of America there is a need to maintain and provide affordable and practical living options. Policies should facilitate providing for Seniors, Students and even Boomerangs.

 

Tony Olmi

Well, that's nice Trudy. But.... this is just another postponement of the problem. We need to push a look into solving a larger issue: Looking holistically at the need for and historical practice of accessory residence, mother-in-law quarters, and multi-generational living in the city of Albuquerque. It's been almost 59 years since 1959 - isn't it time to re-evaluate our neighborhood planning priorities?

 

Chris Weller

Unfortunately the legislation to be introduced will not reduce the uncertainty of "further action". The legislation should simply state"shall not be enforced".

 

J. Torrey Baird

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