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March 26, 2003 Plan Commission Minutes Page 4 of 4 not be restored except in full conformity with all regulations of this Chapter; provided that, in any Elevator Apartment Dwelling located in an “HR” High Density Residential District, (i) the acquisition and rehabilitation of which has been financed with proceeds from tax exempt bonds issued by the Missouri Housing Development Commission, or (ii) with respect to which an allocation, reservation or award of federal low-income housing tax credits under Section 42 of the Internal Revenue Code in the amount of at least $300,000.00 per year is made, or a combination of any of the foregoing, said Dwelling located in said District, and all units situated therein, may be reconstructed after damage by any means to the extent of the same density and configuration as existed prior to the occurrence of said damage, regardless of the extent of the damage. In such instance, there need not be compliance with the following Sections of this Chapter, so that said Dwelling and all units situated therein may be reconstructed as they existed prior to the occurrence of the damage: Section 34-33.5 Density and Dimensional Regulations Section 34-55.3 Setbacks Established by Recorded Subdivision Plat Section 34-57.3 Density and Dimensional Regulations Section 34-57.4 Common Open Space Requirements for Residential Developments Section 34-94.2 Off Street Parking Space Requirements All other regulations of this Chapter shall be complied with in the event of damage to said Dwelling. The right, pursuant to the foregoing provisions of this Section, to reconstruct an Elevator Apartment Dwelling located in an “HR” High Density Residential District that has been damaged by any means, to an extent of more than fifty (50) percent of its replacement value (excluding the value of the land, the cost of preparation of land and the value of any foundation adaptable to a conforming use) at the time of damage, as determined by the Zoning Administrator, with the advice of the Building Commissioner, shall be limited to a period of thirty (30) years from the issuance of the first certificate of occupancy after the rehabilitation of the dwelling is complete. 3.[no change] The motion was seconded by Mr. Self and passed by a vote of 6 to 0 with all members voting “aye.” Adjournment Mr. Smith moved for adjournment. The motion was seconded by Mr. Myers and passed unanimously. The meeting adjourned at 9:00 p.m. K:\WPOFFICE\WPDATA\m-3-26-2003.plc.final.wpd