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HomeMy WebLinkAboutagenda.drac.19990603AGENDA DESIGN REVIEW APPEALS COMMITTEE June 3,1999 5:00 p.m. Thursday City Council Chambers, City Hall I. Roll Call 1 r y. II. Minutes III. Comments (Committee, Staff and Public) 1V. Disclosure Of Conflicts Of Interest V. Public Hearing A. Mocklin Lot#3,145 Miners Trail Road. ~f'f~r'~-~~~..~-. ~""~ 1.) Building Orientation 2.) Garage Placrement VI. Adjourn MEMORANDUM TO: Design Review Appeal Committee THRU: Julie Ann Woods, Community Development Director ~' Joyce A. Ohlson, Deputy Director~~0 ~ FROM: Chris Bendon, Planner RE: Lot #3, Mocklin Subdivision (145 Miners Trail Road)- Public Hearing for Variances from Design Review Standards for Building Orientation .and Garage Placement. DATE: June 3, 1999 SUMMARY: The applicants, Peter and Monica Mocklin, represented by Graeme Means, have requested a variance from the Building Orientation and Garage Location standards of the Residential Design Review Standards. The applicant is proposing asingle-family home with an attached below grade garage on an approved lot within the Mocklin Subdivision. The application proposes an orientation of the residence which places the main mass of the structure such that it is not parallel to the street as required and proposes a setback of one hundred thirty (130) feet for a below grade garage where one hundred fifty (150) feet is required. The Committee may waive a Residential Design Standard upon finding the proposal meets one of the variance criteria. Staffs response to these criteria are included in Staff Comments, below. Staff recommends granting approval of the requested orientation and garage location variances, with conditions. APPLICANT: Graeme Means, Graeme D. Means Architecture, on behalf of owners, Peter and Mohica Mocklin. LOCATION: Lot # 3, Mocklin Subdivision (145 Miners Trail Road) 1 ZONING: Moderate-Density Residential (R-15A). A single family residence is a permitted use in the district. All other development standards of the district, such as setback, floor area, height, etc., are being met. REVIEW PROCEDURE: The DRAC may grant relief from the Residential Design Standards at a public hearing if the variance is found to be: 1. in greater compliance with the goals of the AACP; or 2. amore effective method of addressing the issue or problem a given standard or provision responds to; or 3. be clearly necessary for reasons of fairness related to unusual site specific constraints. The applicant's proposed development is not in compliance with the following Residential Design Standards, Section 26.58.040(A)(1) regarding Orientation, and Section 26.58.040(F)(4)(c)(2), regarding Garage location. The applicable provisions are cited below. Building Orientation. The orientation of the principal mass of all buildings must be parallel to the streets they face. On comer lots, both street-facing facades of the principal mass must be parallel to the road. On curvilinear streets, the principal mass of all buildings must be tangent to the midpoint of the arc Garages, Carports and Storage Areas. Garages below natural grade, garages with a vehicular entrance width greater than twenty-four (24) feet, and garages with a vehicular entrance width greater than forth (40) percent of the front fagade in total shall meet one of the following conditions:...(2) All elements of the garage shall be located farther than one hundred fifty (150) feet from the front lot line. STAFF COMMENTS ~ REVIEW: In response to the review criteria for a DRAC variance, Staff makes the following findings regarding both requested variances: Re: 1. In greater compliance with the goals of the AACP; Staff Finding: The proposed variances would not bring about a development scenario that would be in greater compliance with the goals of the AACP. Re: 2. A more effective method of addressing the issue or problem a given standard or provision responds to; Staff Finding: Based upon this criterion, Staff makes a positive finding for the garage location variance. While the garage could be sited in strict conformance with the Code, the location of the whole structure, including garage, is strongly dictated by the lot shape and envelope orientation. (See related discussion in 3 below.) The proposed siting of the garage, in that it is below grade and oriented facing nearly perpendicular to the street, will minimize its prominence and visibility from the street. The garage is proposed at a one hundred thirty (130) foot setback where one hundred fifty (150) feet is required. Staff finds that in this case the intent of the Code is achieved more through the orientation of the structure versus the specific setback distance. Re: 3. Be clearly necessary for reasons of fairness related to unusual site specific constraints. Staff Finding: Regarding the. orientation variance, Staffs finding is positive for several reasons based upon this criterion. First, the orientation of the building envelope (established as part of the approvals for the Mocklin Subdivision) is neither oriented toward the street nor is it shaped favorably for construction that would orient the principal mass toward the street. The envelope actually comes to a point facing in the direction of the street. The applicant's submittal labeled "Development Plan" illustrates these features. Secondly, the lot is uniquely shaped. It is characterized by a very narrow street frontage of thirty (30) feet for a distance of approximately ninety (90) feet to the front corner of the building envelope before the broadest portion of the envelope and lot unfolds. Staff feels that due to the unique lot configuration; the envelope shape and location; and the setback distance necessitated by these that the property warrants a siting approach different from the siting of structures on adjoining properties. The goal to align homes along the street frontage at a similar setback and orientation is very difficult. and impractical to achieve due to the unique lot configuration and envelope orientation. It would be unfair to subject the development of this property to the strict standards due to these conditions. It should be noted that a portion of the structure, which includes a front porch with door, foyer and walkway, is oriented directly toward the street. RECOMMENDATION: Staff recommends DRAC grant a variance to the Residential Design Standards having to do with "Orientation" and "Garage Location" as 3 proposed in the application by Graeme Means, for Lot 3, Mocklin Subdivision (145 Miners Trail Road), with the following conditions: 1.) That all other aspects of the Residential Design Standards shall apply. 2.) That this variance is granted for the specific proposal presented to the DRAC. Any substantial change to the proposed residence which necessitates an additional or different variance from the design standards shall require review and approval by the DRAC, or any other board from which the project requires land use approval. 3.) Prior to application for a building permit, the applicant shall record the DRAC Resolution with the Pitkin County Clerk and Recorder. The applicant is responsible for a per page recordation fee payable to the County Clerk. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 4.) All material representations made by the applicant in the application and during public meetings with the DRAC shall be adhered to and considered conditions of approval, unless otherwise amended by other noted conditions. MENDED MOTION: "I move to grant variances to the Residential Design Standards of Section 26.58.040(A)1 for "Orientation" and Section 26.58.040(F)(4)(c)2 for "Garage Location" with the conditions listed in the Staff memo dated June 3, 1999, for the residence proposed on Lot 3, Mocklin Subdivision (145 Miners Trail Road)." ATTACHMENT: Exhibit A-Application C: Home~oyceolMocklinVarRpt 4 RESOLUTION OF THE DESIGN REVIEW APPEAL COMMITTEE ,,, GRANTING A VARLANCE OF THE BUILDING ORIENTATION AND GARAGE PLACEMENT STANDARDS FOR THE MOCKLIN RESIDENCE, 145 MINERS "' TRAIL ROAD, ASPEN, COLORADO. LOT #3, MOCKLIN SUBDIVISION Resolution #99 - WHEREAS the applicant, Peter and Monica Mocklin, represented by Graeme Means, Graeme Means Architecture, has requested a variance of "Residential Design Standard" 26.58.040(A)(1), Orientation, and 12.58.040 (F)(4)(c)(2), Garage Placement, for a proposed single-family residence on a property located at 145 Miners Trail Road, City of Aspen; and, WHEREAS all applications for appeal from the Residential Design Standazds must meet one of the following criteria in order for the Design Review Appeal Committee or other decision making administrative body to grant an exception, namely the proposal must: a) yield greater compliance with the goals of the Aspen Area Community Plan; b) more effectively address the issue or problem a given standazd or provision responds to; or c) be cleazly necessary for reasons of fairness related to unusual site specific `~~"`~ constraints, and WHEREAS The Planning Staff in a report dated June 3, 1999, recommended granting the variances, with conditions; and, WHEREAS a public hearing, which was legally noticed, was held at a regulaz meeting of the Design Review Appeal Committee on June 3, 1999, at which the Committee considered and approved, by a vote, the variance of the Orientation standazd and the Garage Placement standazd, with conditions as recommended by the Community Development Department and, finding that the orientation variance met criteria c -amore effective method of addressing the standazd in question, and the gazage placement variance met criteria b - cleazly necessary for reasons of fairness related to unusual site specific constraints. NOW, THEREFORE, BE IT RESOLVED by the Design Review Appeal Committee: That the variance of standards 26.58.040(A)(1), Orientation, and 26.58.040(F)(4)(c)(2), Garage Placement, for the single-family residence proposed for 145 Miners Trail Road (Lot #3, Mocklin Subdivision), is approved with the following conditions: 1.) That all other aspects of the Residential Design Standazds shall apply. 2.) That this variance is granted for the specific proposal presented to the DRAC. Any substantial change to the proposed residence which necessitates an additional or different variance from the design standards shall require review and approval by the DRAC, or any other boazd from which the project requires land use approval. 3.) Prior to application for a building permit, the applicant shall record the DRAC Resolution with the Pitkin County Clerk and Recorder. The applicant is responsible for a per page recordation fee payable to the County Clerk. In the alternative, the applicant may pay this fee to the City Clerk who will record the resolution. 4.) All material representations-made by the applicant in the application and during public meetings with the DRAC shall be adhered to and considered conditions of approval, unless otherwise amended by other noted conditions. APPROVED BY THE COMMITTEE at its regular meeting on the 3'" day of June, 1999. _ APPROVED AS TO FORM: DESIGN REVIEW APPEAL COMNIITTEE: City Attorney ATTEST: Steve Buettow, Chair Jackie Lothian, Deputy City Clerk PROJECT: Name: Location: street APPLICANT: Name: Address: Phone #: REPRESENTATNE: Name: ~ Q pY~ Address: 2t OJ SS Phone #: °j,~~ - 5' /, LAND USE APPLICATION TYPE OF APPLICATION: (please check all that apply): ^ Conditional Use ^ Conceptual PUD ^ Conceptual Historic Devt. ^ Special Review ^ Final PUD (& PUD Amendment) ^ Final Historic Development Design Review Appeal ^ Conceptual SPA ^ Minor Historic Devt. ^ GMQS Allotment ^ Final SPA (& SPA Amendment) ^ Historic Demolition ^ GMQS Exemption ^ Subdivision ^ Historic Designation ^ ESA - 8040 Greenline, Stream ^ Subdivision Exemption (includes ^ Small Lodge Conversion/ Margin, HallamZake Bluff, condominiumization) Expansion ^ Lot Split ^ Temporary Use ^ Other: I-I Lot Line Adjustment ^ Text/Map Amendment EXISTING CONDITIONS: (description of existing buildings, uses, previous approvals, etc.) 11 N '13 IJ I t.T ~ Ku l (1 If ~ t'1 /~. C. L n T 1 M ~ C?C.'fZ G I ~l/ ~ L ~sl,.> PROPOSAL: uses, modifications, Have you attached the following? ^ Pre-Application Conference Summary ^ Attachment #1, Signed Fee Agreement ^ Response to Attachment #2, Dimensional Requirements Form ^ Response to Attachment #3, Minimum Submission Contents ~ Response to Attachment #4, Specific Submission Contents ^ Response to Attachment #5, Review Standards for Your Application FEES DUE: $ 4 ~ ~ ~'T ~u"N~ {~p{ 1 -Iz5 ! 7 ~ l ~ j #-I P-~ t ~-`~ ~-?'P~LaL Co M t-~~ 1~ P ~, Cc~ 11> R~ R~ 'L'PG; ~//~izt a--t~c.~ T~ 4i-a- I~''ts ~ ~. wT ~3 'r'^1OG~C.11-t ~I-1-1~.a~ItillstAN, /'cS~1if-1~ Cp~-A 1 ~~4~ ~lid.=~'-lA~~ ~'LG~~-`i T-F-F.~ ~~ ~'_~. 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ATTORNEYS AT LAW E-mail: a[ry~gnrficldhcch[.com May 24, 1999 Aspen/Pitkin Community Development Department 130 South Galena Street Aspen, CO 81611 Re: Variance for Lot 3, Mock6e Subdivision Dear Sir/Madam: The applicant for the above variance is as follows: Peter Mocklin and Monica Mocklin P. O. Box 807 Aspen, CO 81612 (970) 925-3668 601 EAST HYMAN AVENUB wSPEN, COLORADO 81611 TELEPHONE (970) 925-1936 7BLECOPIER (970) 925-3008 110 MIDLAND wVEN UE SUITE 203 BASALT, COLORADO 8162] TELEPHONE (970) 927-1936 TfiLECOPiER (970) 927-17R3 Architect Graeme Means is authorized to act on the Mocklins' behalf regarding the variance. Mr. Means' address is 210 South Galena, Aspen; phone, 925-9150. The street address for the Mocklin property is 145 Miners Trail Road, Aspen, CO 8161 ]. Attached is a Certificate of Ownership prepared by Pitkin County Title, Inc. showing that the owners of Lot 3 are Peter Mocklin and Monica Mocklin. 1999 RG/mal Atnchmenc 1, aho admi4ad m 2. aL.o udmirted m 3. ueo admitted m d, eli0 PdmlRCd l0 5. J+o admito:d to 6, oleo Wmhmd w New Yock Bu Dis¢iu e<Columbia Bar Ploddx Bot Pmoxyl•anid Bor Dtldoid Bu Gonwotlem Bu ®P[imed oD rccyelad pallet M[\mannleonardl\Previous\RONIMOCKLM\SUBDMLETI'ERSU•leans.wpd ~. .~~•.u, iu~~u 4 R,7T J?IH~I LI.J2b~7i FFFL'b7'J,HW attorney-in-fact pursuant to instruments dated March 31, CERTIFICATE OF OWNERSHIP tkin County Title, Inc., a duly licensed Title Insurance, Agent in the ste of Colorado hereby certifies that PETER MOCKLIN AND MONICA M. MOCKLIN '"~'re the owner's in fee simple of the following described pzoperty: LOT 3, MOCKLIN SUBDIVISION, according to the Plat thereof, recorded June 14, 1996 in~Plat Book 39 at Page 92 and First Amendment to the Final Plat of Mocklin Subdivision recorded August 4, 1998 in Plat Book 45 at Page 59. Subject to encumbrances, easements, restrictions and rights of way of record. This certificate is not to be construed to be a guarantee of title and is furnished for informational purposes only. PITKIN COUNTY LE, INC. BY: authori signature CERTIFIED T0: ril 29, 1999 ® 8:30 A.M. - =~-~ I'HE ~I`~TI-~ PRIG ~'IP ~L ~~IERIDl _~~\ ~ A9PGN ~?. .G l ORk ` i ~1 3N9TiiJr] •VpR ,..,~~ G¢ i° ~ ^ ~, i'F~ ~ I' `t i n ~ A4PGN ~ ~ Mrur ! :</ ~ ~. MU93C C fn r!9TIVAL ~ ~ ~ / nI ;• ~ TGNT ' ~ .. i~F~ .r. T T ` -~~• ~\ m ti ~8T ~ aUPPY. ~/ ~~~ r NC s I F f~ j a~ CK ~ F m ~ 1' H4lL,yw + t 1 e ti sr ~\ .r. ip ~ ti u , a m - r •~ ' ~ I NC K A ~ ( ` ' A Y ~ '~ ti 0 ~, M'h 4V ~ O O ~ J TAT o-. = u S: ~ I m 1 m K O/ 7 AV ~ 4 ~ rn( =IDCq s i 2 ~ n u ~ r~ C ; n ~A ~ s_ e, SceLE. 1' ~OOG' ~c ~ ASPCN CIT~7~ Ot' ASPGN MOUNTAIN ~/? .,;^ 1TY 1~1AP SKI AR(•A PROPERTY DESCRIPTION LOTS 1-7, MOCKLIN SUBDIY:SION .dCCORDING TO THE FINAL PLAT RECORDED JUNE 14, 1996 IN PLAT BOOK AT PACE 92-98 RECEPTION N0. 393681 OF THE PITKIN COUNTY RECORDS CITY OF ASPEN COUNTY OF PITKIN STATE OF COLORADO FROM : COLE RSSOCIRTES ~n, / / / I i PHONE N0. 713 524 7316 ^. 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V h, `r `,qyv 1. \ ` ~ i ' ~ I __~. r~,7. ~,i _ __-_ ~ ~. 2;~, ~ w p;..~e z y I ~, Ti 3~ S Y o:~r w rt ~'' h ~ ~' 1.. `:~; ~:. ~ F \ ,~ Pry`) m ... N ~ ~ ''' Y /W ~ w ~' 4 \ _ ~ . i < zw v'Q ~ ~ J ti. h ala ,~ m M O ~ ~ /~ I~ s~ / F 30 ~ ~'~, ~ w rya r n ~ ~ F W / 1 LL U) ~ ~_ Q %<oY ~ N~ :'-y s,..,~ I` X30 U ks - w.Ua no vi.~-~;V a_ ~ - ~; ~ ~ W . a N Y. ~ 1~ ` ~ .. W / wt ~~ r I ~ a a t JJJ .30, / E y~a'~ ~O~ ~ r '/ 3p s 2"-wc~ ¢ i- ~ ~' ~~ rl Nw ~ \ I Ui U r. ~ \ c' X O ) i di W X U ~ / .' 90~ ~ ~'/ ~ Sid \ a \ 2 / , . ~ `. -- .. ~> ~ I ,, , ~ i~ p ~ N r ~ -- ' i o~Q; / ~~ \~ r r , UI y Ifi ! J \ /;/(/ / c~ Y ~ ~ ~ o LLW I / r f ~\ a ~ r ~ ~ -_ ~ -ors ~ ~ ~ , ~, ~ 0 N OI i ~ i~ ~ G ItII :, {< J .II h ~ ~-~ -mac / i 1 / ~ r ~ l w \ p ~ / 7 J//~ ~` ~~: ~ ,_ ., 1kyn~S t,y3w3s~3 ~ i ... ; / ~ ,~ s bl ~ ~ ' .~ \,,, ~ G~ Z~pi~ Attachment 8 County of Pitkin } AFFIDAVIT OF NOTICE PURSUANT } ss. TO ASPEN LAND USE REGULATIONS State of Colorado } SECTION 26.52.060(E) J I, /. /'yl I`s ~~ti~ , ,being or representing an Applicant to the City of Aspen, personally certify that I have complied with the public notice requirements pursuant to Section 26.52.060(E) of the Aspen Municipal Code in the following manner: ~- y mailing of notice, a copy of which is attached hereto, by first-class postage prepaid U.S. Mail to all owners of property within three hundred (300) feet of the subject property, as indicated on the attached list, on the day of , 19~ (which is~ days prior to the public hearing date of ). 2. By posting a sign in a conspicuous place on the subject property (as it could be seen from the nearest public way) and that the said sign was posted and visible continuously from the 2 ~ day of ~ /~ , 199 ~j , to the j day of , 199. (Must be posted for at least /r-~ 0) full days before the hearing date). A photograph of the posted sign is attached hereto. WITNESS MY HAND AND OFFICIAL SEAL My Commission expires: `-C pai~~ Not Public MY COMMISSION D(PIRES: September4, 2002 Signed before me this ~ day of J (,(~j. 199. by