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July 23, 1997 Plan Commission Minutes Page 4 Hearing for Resubdivision (Condominium), 7379 Pershing Chairperson Solodar informed those present that the Plan Commission had scheduled the hearing on an application from Ronald N. Danner, 7370 Pershing, 1W, University City, MO 63130. The Chairperson outlined the Commission's procedures and criteria for reviewing resubdivision applications and called for testimony from the applicant. th Mr. David Gamache, attorney, 150 N. Meramec, 4 Floor, St. Louis, MO 63105, stated that he represents the owners of the proposed condominiums. He gave an overview of the proposal. The owners are in agreement with the staff recommendation and will comply with the request. Chairperson Solodar asked Mr. Hill to report on the staff review. Mr. Hill stated that the owners of the four-family dwelling at 7379 Pershing have requested approval to subdivide the property for condominium ownership. In determining which areas are common and which are specifically the responsibility of the unit owner, he found that the area within the inner walls was not specifically designated. However, the term “unit” is defined in the Declaration of Condominium as existing between the inner-surface of exterior walls and the center-lines of interior walls shared with another area or a common element, and the owner of a unit is entirely responsible for the maintenance and related costs within the defined unit. However, no information is provided concerning the maintenance of utilities, etc. that are located amongst the center-lines of the interior walls mutually shared by units. Shared walls and their contents should be delineated as common elements and/or specifically addressed in the Declaration of Condominium. The accompanying Declaration of Condominium defines limited common elements as those areas or building components partially within and outside one unit and exclusively serving one unit, and common elements as those areas serving all units of the building. More distinction between limited common elements and common elements is needed for clarity, especially for determining who is responsible for maintenance in these separate areas. The plat of the exterior property needs to be fully delineated for limited common elements and common elements. The area beneath the southern stairwell in the basement needs to be defined as common element and/or unexcavated. A certificate of taxes paid on the property has not yet been received, although the applicant/owner has been notified to submit such documentation and has stated that it will be provided at the meeting. It is the staff’s recommendation that the final plat be recommended for approval by the Planning Commission, provided that the above stated issues are addressed. Mr. Glassman moved that the Plan Commission recommend that the City Council approve of the final plat for the resubdivision (condominium) of 7370 Pershing if the staff concerns are addressed prior to the plat being approved by the City Council. The motion was seconded by Ms. Peniston and passed by a vote of 5 - 0. Public Hearing: Conditional Use Permit Amendment #192(C), Auto Repair, 7500 Delmar Chairperson Solodar announced that a public hearing was scheduled to hear an application from m-7-23.plc