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e . e e e Plan Commission Minutes Page 3 October 23, 1985 REQUEST TO RESUBDIVIDE 761 HEMAN Ms Andrea Jackson, an attorney representing property owners Mr. and Mrs. Russell E. Franke, made a presentation on this agenda item. She stated that she was seeking the approval of the City Council to divide the six-family apartment building at 761 Heman for the limited purpose of obtaining financing. Ms Jackson then called upon Ms Sharon Perry who gave some of the background and explained that it is increasingly necessary to divide six-family buildings in order to obtain favorable financing. Ms Jackson pointed out that she did not believe this was an actual sub- division of land and that it is definitely not a condominium; but that she was seeking the approval of the City in case the City did consider this a resubdivision of land. Mr. Schoomer pointed out that the city subdivision ordinance states that no subdivision plat shall be approved if it has a lot less than 50 feet in width. Mr. McCauley asked if the proposed action was for the purpose of reducing tax investments by moving the property from a commercial category to a residential category. Ms Jackson replied that the property is not eligible for such treatment because both halves are owned by the same party. Mr. McCauley stated that he could not support creating a lot of exceptions in the city ordinances to accomodate quirks in the Federal Housing Act and in the lending rules of loan companies; and he felt that if these changes were made it may end up allowing a good deal of property to qualify for a lower rate of tax assessments. There was a brief discussion in which it was pointed out by Mr. Rice that the City Council can act on this matter should the Plan Commission fail to act. Mr. McCauley made a motion to lay aside the agenda item and to suggest that the City Attorney furnish an opinion on this matter to the City Council. The motion was seconded by Mr. Rice and passed by a vote of 5 to O. OTHER BUSINESS Chairman Hamilton expressed his displeasure at not recelvlng the minutes of earlier meetings and requested that they be furnished in time for the November meeting. ADJOURNMENT The meeting adjourned at 10:10 p.m.