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NOTICE OF PUBLIC HEARING
Case 186-18
BEFORE THE CITY OF ASPEN BOARD OF ADJUsTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE
VARIANCE DESCRIBED BELOW:
~
Pursuant to the Official Code of Aspen of June 25, 1962, as
amended, a public hearing will be held in the Council Room, City
Hall, Aspen, Colorado, (or at such other place as the meeting may
be then adjourned) to consider an application filed with the said
Board of Adjustment requesting authority for variance from the
provisions of the Zoning Ordinance, Chapter 24, Official Code of
Aspen. All persons affected by the proposed variance are invited
to appear and state their views, protests or objections. If you
cannot appear personally at such meeting, then you are urged to
state your views by letter, particularly if you have objection to
such variance, as the Board of Adjustment will give serious
consideration to the opinions of surrounding property owners and
others affected in deciding whether to grant or deny the request
for variance.
The particulars of the hearing and of the requested variance are
as follows:
Date and Time of Meeting:
Date:
Time:
March 26, 1987
4:00 p.m.
Owner for Variance:
Aopellant for
Variance:
Name: George & Mary Gleason
Address: 861 Ute Avenue
Aspen, Colorado 81611
George & Mary Gleason
Location or description of prooerty:
Location: 861 Ute Avenue
Aspen, Colorado
Variance Requested: The variance granted allows the enclosure
of a deck along the existing line of the deck, however, the map
submitted to the Board indicates this line was 10.5 feet from the
rear yard. New map shows it is 5 feet from rear yard. Variance
needs clarification to exact measurements of a particular survey
and whether these different measurements affect the Board's
decision to grant or deny the variance.
Duration of Variance:
Permanent
Will aoolicant be represented by counsel: Yes: No: X
The City of Aspen Board of Adjustment
130 South Galena Street, Aspen, Colorado 81611
Remo Lavagnino, Chairman Jan Carney, Deputy City Clerk
. ,
Date: March 24, 1987
Case No.: 86-18
Appellant:
George & Mary Gleason
Address:
Phone:
Address:
861 Ute Avenue
~l::'-/~~::'
861 Ute Avenue
Aspen, Colorado
George & Mary Gleason
Owner:
Location of Property:
861 Ute Avenue
Lot 11, Ute Subdivision
(Street and Number of Subdivision
Block and Lot No.)
Building Permit Application and prints or any other pertinent data
must accompany this application, and will be made part of
CASE No.: 86-18
THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE
FACTS IN QUESTION.
DESCRIPTION OF APPEAL OF DECISION, DETERMINATION OR FINDING
OF BUILDING AND ZONING OFFICIAL
A setback variance was granted to allow construction to the line
of the existing wood deck. Since the surveys are part of the
applicant's hardship and practical difficulty, clarification is
needed to determine the exact variance granted.
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represented by counsel?
J/ /~Ci// 0V\
Yes
No
x
\,ill you be
(Applicant's Signature'
PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO
FOR~'lARD THIS APPI,ICATION TO THE BOA'l.D OF ADJUSTMENT AND REASONS FOR
DECISION, D~TE~~INATION OR FINDING:
The variance granted allows the enclosure of a deck along the existing
line of the deck, however, the map submitted to the Board indicates
this line was 10.5 feet from the rear yard. New map shows it is 5 feet
from rear yard. Variance needs clarification to exact measurements
of a particular survey and whether these different meas remen s affe
the Board's decision to grant or deny the variance.,
Status
fJ
PERMIT REJECTED, DATE
DECISION
DATE
APPLICATION FILED
DATE OF HEARING
~ !-;LC, I s0}.
,
MAILED
SECRETARY
NOTICE OF PUBLIC HEARING
Case 186-l8
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE
VARIANCE DESCRIBED BELOW:
Pursuant to the Official Code of Aspen of June 25, 1962, as
amended, a public hearing will be held in the Council Room, City
Hall, Aspen, COlorado, (or at such other place as the meeting may
be then adjourned) to consider an application filed with the said
Board of Adjustment requesting authority for variance from the
provisions of the Zoning Ordinance, Chapter 24, Official Code of
Aspen. All persons affected by the proposed variance are invited
to appear and state their views, protests or objections. If you
cannot appear personally at such meeting, then you are urged to
state your views by letter, particularly if you have objection to
such variance, as the Board of Adjustment will give serious
consideration to the opinions of surrounding property owners and
others affected in deciding whether to grant or deny the request
for variance.
The particulars of the hearing and of the requested variance are
as follows:
Date and Time of" Meeting:
Date:
Time:
August 28, 1986
4:00 P.M.
Owner for Variance:
AIlDellant-f'orVariance:
Name: George & Mary Gleason
Same
Address: 861 Ute Ave.
Same
Location or "description of "oroperty:
Location: 86l ute Ave.
Description: Lot 11, ute Subdivision
variance" Reqnested: Applicant wishes to enclose their patio
deck. Property is located in the R-6 (PUD) zoning category.
Sec. 24-3.4 area and bulk requirement. Side yard set back is 5
feet, rear yard set back is 15 feet. Applicant appears to be
requesting to enclose a deck that cu r rent ly enc roaches in to
those set backs. Sec. 24-l3.3(a) No such non-conforming structure
may be enlarged in a way that increases its non-conformity.
Dnrationof Variance:
Permanent
Will "al)olicant" be -- reoresented by ""counsel":
Yes: --"
No: --xx
The City of Aspen Board of Adjustment
l30 South Galena Street, Aspen, Colorado8l6ll
Remo Lavagnino, Chairman Kim Wilhoit, Deputy City Clerk
Date: March 24, 1987
Case No.: 86-l8
Appellant:
George & Mary Gleason
Address:
Phone:
Address:
86l Ute Avenue
~L::'-/~~::'
86l Ute Avenue
Aspen, Colorado
George & Mary Gleason
Owner:
Location of Property:
86l Ute Avenue
Lot ll, Ute Subdivision
(Street and Number of Subdivision Block and Lot No.)
Building Permit Application and prints or any other pertinent data
must accompany this application, and will be made part of
CASE No.: 86-l8
THE BOARD WILL RETURN THIS APPLICATION IF IT DOES NOT CONTAIN ALL THE
FACTS IN QUESTION.
DESCRIPTION OF APPEAL OF DECISION, DETERMINATION OR FINDING
OF BUILDING AND ZONING OFFICIAL
A setback variance was granted to allow construction to the line
of the existing wood deck. Since the surveys are part of the
applicant's hardship and practical difficulty, clarification is
needed to determine the exact variance granted.
will you be represented by counsel?
./~ _ a
)( ~/t' /">;;r'" J l /a,'Z: ~ '1-7V\
Yes
No
x
(Applicant's Signature'
---------------------------------------------------------------------------
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PROVISIONS OF THE ZONING ORDINANCE REQUIRING THE BUILDING INSPECTOR TO
FOR~'lARD THIS APPLICATION TO THE BOA'l.D OF ADJUSTMENT AND REASONS FOR
DECISION, DETE~~INATION OR FINDING:
The variance granted allows the enclosure of a deck along the existing
line of the deck, however, the map submitted to the Board indicates
this line was lO.5 feet from the rear yard. New map shows it is 5 feet
from rear yard. Variance needs clarification to exact measurements
of a particular survey and whether these different meas remen s affe
the Board's decision to grant or deny the variance.,
Status
fJ
PERMIT REJECTED, DATE
DECISION
DATE
APPLICATION FILED
DATE OF HEARING
~ /?-C, I s0}.
MAILED
SECRETARY
.
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M E M 0 RAN DUM
City of Aspen, Board of Zoning Adjustment
George and Mary J. Gleason
861 Ute Ave., 925-7995
Variance Requested: Permission to enclose
existing patio-deeR, which has setbacks less than
permitted by present code (See Figure A).
ZONING CHANGE House was built by present _ owners in
1961 whn lot was zoned AR-Tourist, and conformed to setback
requirements of that designation (rear 10', sides 5').
Zoning later was changed to R6 single-family although
neighborhood was composed of apartments and condomindums
i.e., Aspen Alps, Clarendon, Black Swan, Gant, etc. Current
zoning requires 15' rear, 5'sides.
TO:
FROM:
RE:
SU~VEY INEQUITIES -- Subsequent surveys have shifted lot
lines, leaving questionable boundaries to west and south
(~ee Figure B). Surveyor claims all boundaries in that
neighborhood are subject to dispute.
IMPACT -- Proposed enclosure of existing deck will not have
negative impact on neighborhood or comprehensive plan.
Aspen Alps open space lies to rear where alteration will
occur, condominiums surround us, new hotels at base of
Little Nell are one blocK and two blocKs away, etc.
Hardships
RESTRICTED SPACE -- House was built as family vacation
home; owners now have retired and require space and facilities
for fulltime living. For example, there are no closets.
The proposed renovation will include six closets and increase
living space from 860 sqaare feet to 1190 square feet.
SAFETY -- Spiral staircase is steep, narrow and dangerous
for senior citizens. Present code requires 7' diameter,
ou~ is 4'. This will be replaced with a conventional
staircase in new design.
ENERGY EFFICIENCY -- Present house has 450 square feet
of single-glazed windows, with a 40 percent leat loss.
New design has 300 square feet of double-glazed south-facing
windows.
MEDICAL -- Enlarged master bedroom with slab floor will
accommodate water bed which has provided great relief in
the past for owner's rheumatoid arthritis.
ZONING HINDRANCE -- Reason for denial of permit essentially
is that setback requirements are not met under current zoning,
which(as single-family in a neighborhood of lodges two
blocks from the new gondola) is capricious and unreasonable
and has resulted in unnecessary hardship to these longtime
residents.
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ASPEN
lWNST.
REGULAR MEETING
BOARD OF- ADJUS"I'MENT
AUGUST 28. 19~
Case #86-17 The Ranch
Chairman Remo Lavagnino read the requested variance that the
property is located in the C-l zone district; the building is
already over-signed. Section 24-5.10(2) "the aggregate sign area
permitted along anyone street shall not exceed 1 square foot of
sign area for each 3 feet of lot line frontage. Applicant
appears to be requesting a 10 square foot sign variance above the
limit." The applicant did not receive a packet of procedure and
did not post the sign of hearing on the premises. The adjoining
property owners were notified; however, the applicant was not
told the post a sign. Lavagnino said the Board cannot hear the
case unless the sign has been posted. Lavagnino requested this
case be renoticed and signed property and rescheduled.
Case #86-18 GleasQll
Chairman Remo Lavagnino said this is located at 861 Ute Avenue,
George & Mary Gleason. Applicant wishes to enclose their patio,
located in R-6 PUD zone category. Section 24-3.4, Area and bulk
requirements; side yard setback is 5 feet, rear yard setback 15
feet. Applicant appears to be requesting to enclose a deck that
currently encroaches into those setbacks. Section 24-13.3 (a) No
such non-conforming structure may be enlarge in a way that
increase its non-conformity.
George Gleason presented the affidavit of posting requirement.
Gleason told the Board they built this house in 1961, retired ~
years ago and have been living in the house full-time. Gleason
requested ~ variance to enclose a lO by 32 patio deck. Gleason
said living in the existing structure is subjecting them to
practical difficulties and unnecessary hardships. Gleason said
the special circumstances have not resulted from their action and
that special circumstances apply to their property which do not
apply to neighbor ing properties. Gleason stated granting of a
variance is essential to the enjoyment of basic property rights
enj oyed by other neighbor ing properties. The granting of this
variance will not adversely effect the comprehensive general
plan.
Gleason told the Board letters were sent out to adjacent property
owners. Gleason showed what the house looked like in 1961 and
the surrounding properties. Gleason said at the time the house
was built, this property was zoned AR/tourist and the setback
requirements were 10 feet from the rear lot line and 5 feet from
the side lot line. Seven units could have been built on the
property at that time. Downzoning in 1974, this was zoned duplex
and the Gleasons decided to put a studio unit in the downstairs.
Gleason presented approved building plans from 1974. Whitaker
asked if the property lines were still in dispute. Gleason said
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,
REGULAR MEETING
BOARD OF ADJUSTMENT
AUGUST 28. 1986
they are. Gleason told the Board when the house was built, they
used the McNeil 1889 survey and the 5 yard side setback
requirement was met.
Gleason told the Board he is within the setback on one side of
the house and not on the other side because the house is skewed.
Bill Drueding, building department, told the Board in R-6/PUD a
single family is exempt from PUD review, a duplex is not.
Drueding said he was not aware this structure was a duplex and
assumed it was a single family house. Drueding said a duplex
with a PUD overlay, has to go through a specified review process.
Francis Whitaker said under a PUD overlay, setbacks can be
varied. Drueding said these can be varied by --------------- and
the Board of Adjustment has no jurisdiction over that. Drueding
said the Board can hear this variance reqeust if the house is
returned to a single family dwelling, which can be done be
removing the kitchen and bathroom. Drueding suggested the
applicant can change the house to a single family dwell ing and
have the Board of Adjustment hear this case, or they may apply to
go through PUD review as a duplex. l IA
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Gleason said to the south they are less than 15 feet, which is
what the R-6 zoning requires. The house was legitimate at 10'6"
when the house was built under the AR/tourist zoning. On the
west side, the house is 2 feet from the property line according
to Johnson's survey. Gleason told the Board he has two other
surveys, each showing different property lines. Gleason said is
not of their doing and has put the house closer to the lot line
than is allowed by Code. Gleason showed slides of the house,
surrounding properties, and the effect the enclosed deck would
have. Mrs. Gleason pointed out the hanging rod closets, which
they plan to replace. Gleason said the house is 860 square feet
without a single closet; this variance would allow them to have
six closets. The Gleasons showed slides of the proposed
addition. The slides show a spiral staircase, which will be
replaced for safety reason. The addition will allow solar
heating. Gleason told the Board they would tear out the deck and
start from scratch, pouring a slab. Gleason said they will be
adding about 330 square feet.
Rick Head asked why the house wa not extended to the north. Mrs.
Gleason said they would have had to re-route a stream and cut
down a lot of cottonwoods. The Gleasons showed slides and map of
the cottonwoods and the stream. Jim Markalunas, water
department, told the Board this stream is part of the Durant Mine
water springs and is adj udicated by the city and the appl icant
cannot change the stream without getting into litigation.
Markalunas told the Board when the Gleason's applied for a
building permit in 1961, the survey situation was very uncertain.
2
REGULAR MEETING
BOARD OF ADJUSTMENT
AUGUST 28. 1986
Markalunas said the structure wa since compliance with the zoning
regulations at that time.
Erickson asked if they planned to remove the brick wall. Gleason
told the Board this will become the new wall of the addition.
Lavagnino said closet space is not a reason to grant a variance.
The safety aspect of the spiral staircase is a valid reason for a
variance. To bring a dwelling up to code is beneficial for the
homeowner and for the community. Lavagnino pointed out the solar
can be installed without a variance. The Board does not deal in
conveniences. Lavagnino said he feels the valid reasons for a
variance outweigh the convenience reasons. Lavagnino agreed this
applicant is asking very little compared to the lodges
surrounding this property.
Whi taker sa id the appl icant is request ing to enclose a deck.
Whitaker said it seems they are not really tearing down a deck
but starting from scratch. Whitaker said this case is being
submitted on the condition that it revert to a single family
dwelling. Whitaker said he feels there is a hardship because of
the surveys. Whitaker said he would be in favor of the lO foot
setback, but is concerned about the 5 foot side yard setback
because of the neighbors. Whitaker said the setback is for
protection of the neighbors. Erickson said the Black Swan may
have been build to the old survey and the setbacks are correct,
even if the lot lines were not.
Donna Fisher, representing the Black Swan property owners, told
the Board they are against having this deck enclosed. The owners
feels this is very close and will block a window in one unit and
will be very visible from other units. The owners feel this
request will effect their property and this addition will be very
visible. Erickson asked if it is possible to jog the deck rather
can come straight back. Drueding said it wold still require a
variance. Gleason said the area is small, only 8 feet by lO
feet, taking 3 feet away is a lot. Lavagnino suggested adding
the 3 feet on the street side so they have the same square
footage. Mrs. Gleason said they could do some more research into
which survey is correct.
Lavagnino closed the public hearing.
Josephine Mann said the applicant has demonstrated there are
practical difficulties. The special conditions do not result
from the actions of the applicant because of the variation in the
surveys; however, in that area many property owners have
difficulties with their surveys. The granting of a variance is
essential to enjoyment of a substantial property right enjoyed by
all properties in the same vicinity. Ms. Mann said she feels
that is very strong in favor of a variance in this case. The
3
,
REGULAR MEETING
BOARD OF ADJUSTMENT
AUGUST 28. 1986
granting of a variance will not adversely effect the purpose of
the land use plan. Ms. Mann agreed with this because of leaving
the trees, contour and the stream.
Francis Whitaker said the only problem he has with this case is
the 5 foot setback. Whitaker said he would be willing to grant
the variance on a hard ship basis with a 10 foot rear yard
setback but maintain the 5 foot side yard setback. Whitaker said
there is plenty of room to extend to the east, there is 12 feet
left. The building could be shifted over and expanded that way.
Whitaker said he would like to see the 5 foot setbacks maintained
both east and west. Whitaker said this variance is conditioned
upon this becoming a single family dwelling. Lavagnino agreed
the Board has no jurisdiction unless this is a single family
dwell ing.
Erickson said eh would approve both side and rear yard setbacks.
Erickson said the distance between the two buildings does not
change, regardless of the survey. Charles Paterson said he
agrees with Ms. Mann. He does not feel the Board should redesign
the house, and should grant the variance the way it is being
asked of the Board. Paterson said the building is already
encroaching in the setback, and 3 inches will not make any
difference. Paterson said he is willing to grant a variance
based on the old survey. Head said he is willing to grant the
variance as applied for.
Head moved to approve the variance in its present form; seconded
by Paterson. Roll call vote; Whitaker, no; Paterson, yes; Ms.
Mann, yes; Head, yes; Lavagnino, no. Motion NOT carried.
Whitaker moved to grant a variance the rear yard setback along
the line of the existing wood deck as far east as the 5 foot side
yard setback but not to encroach on the west side yard setback,
deny ing the side yard setbacks; Head seconded. All in favor,
motion carried.
The Board requested a drawing be made to attached to this case to
illustrate the variance granted. Whitaker also requested the
city attorney's office draft a resolution for this case.
Ms. Mann moved to adjourned at 7:25 p.m.; seconded by head. All
in favor, motion carried.
4
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Date :11 ,iv/I)' 14,'(6 C
Appellant: t;Ec'I\(i[; r 4/;11,''/ h'LB/htJ4
CITY OF ASPEN
""'"
.,..tse No.:
810-18
Address,:
Phone:
,Address:
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Owner: r;?JJK'hE {)/l/f/'</ (;'1 hA-S'/hL
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Location cf Pr6pe-rty:
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L C' T / / U T ff' ' S'VI3.;}liI!Ji uAI
(Street and Number of Subdivision Block and Lot No.)
Building Permit Applicationandpdnts or any other' pertinent
c1atil must acc9.11)pa~ this application, and will be made part of
ClISE NO.: '?2!LJ.-l?S. ", .
THE BOARD WILL RETORNTHIS' Al'PLICATION IF IT DOES NOT CONTAIN ALL
THE FACTS IN QUESTION.
DESCRIPTI9N OF PROPOSED EXCEPTION SHOWING JOSTIFICATIONS
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==~===~==============a_c=_====a_____________~__._____&._________~=======---
PROVISIONS OF THE ZONING,ORDINANCE REQUIRI~tG THE BUILDiNGINSPECTOF TO
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PER1UT REJECTED, DATE DECisION ' ' ~ATE
APPLIC1,TION FIL D D)\TE OF HEA~ "!1:1'~l '
H1\ILED 8 SECRETARY ~ A ___ _iJ!.t-
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County of Pitkin
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State of Colorado
AFFIDAVIT OF NOTICE BY POSTING
OF A VARIANCE HEARING BEFORE
THE CITY OF ASPEN BOARD OF
ADJUSTMENT (Pursuant to
Section 2-22 (c) of the Municipal
Code)
follows:
The undersigned, being first duly sworn, deposes and says, as
,
1. I ,-CE_tdLG~__v.2__.c..~gAIP-2:}__, being or
-
representing an Applicant b,efore the City of Aspen Board of
Adj ustment, personally c~rtify that the attached photograph
fairly and accurately represents ,the sign posted as Notice of the
variance hear ing on this matt.er in a conspicuous place on the
subject property (as it could be seen from the nearest public
from the
IS'
I'IGlY) and that the said sign was posted 'and visible continuously
, 19-'l? , to the
day of
N OTlCF. OF ,~\PPI.IC AllON
FOR A VARIAN(:E FIWM
TUE ZONIHG CODE
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WITNESS MY HAND AND OFFICIA1.ln~E{'~;!'1
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NOTICE OF PUBLIC HEARING
Case 186-18
BEFORE THE CITY OF ASPER BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE
VARIANCE DESCRIBED BELOW:
Pursuant to the Official Code of Aspen of June 25, 1962, as
amended, a public hearing will be held in the Council Room, City
Hall, Aspen, Colorado, (or at such other place as the meeting may
be then adjourned) to consider an application filed with the said
Board of Adjustment requesting authority for variance from the
provisions of the Zoning Ordinance, Chapter 24, Official Code of
Aspen. All persons affected by the proposed variance are invited
to appear and state their views, protests or objections. If you
cannot appear personally at such meeting, then you are urged to
state your views by letter, particularly if you have objection to
such variance, as the Board of Adjustment will give serious
consideration to the opinions of surrounding property owners and
others affected in deciding whether to grant or deny the request
for variance.
The particulars of the hearing and of the requested variance are
as follows:
Date 'and-Time of Meetina:
Date:
Time:
August 28, 1986
4:00 P.M.
Owner for Variance:
ADDel1ant-forVariance:
Name: George & Mary Gleason
Address: 86l Ute Ave.
Same
Same
Locationor-descriDt~onof-prouerty:
Location: 86l Ute Ave.
Description: Lot ll, Ute Subdivision
VarlanCl!-Reauested: Applicant wishes to enclose their patio
deck. Property is located in the R-6 (PUD) zoning category.
Sec. 24-3.4 area and bulk requirement. Side yard set back is 5
feet, rear yard set back is 15 feet. Applicant appears to be
requesting to enclose a deck that currently encroaches in to
those set backs. Sec. 24-l3.3(a) No such non-conforming structure
may be enlarged in a way that increases its non-conformity.
Duration of Variance:
Permanent
Will -aDDlicant- be reoresented bv --counsel-:
Yes: .. - - .- No: --XX
The City of Aspen Board of Adjustment
130 South Galena Street, Aspen, Colorado 8l6ll
Remo Lavagnino, Chairman Kim Wilhoit, Deputy City Clerk