HomeMy WebLinkAboutcoa.lu.ex.530 E Bleeker St.26A-89
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CASELOAD SUMMARY SHEET
city of Aspen
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DATE RECEIVED: 4/21/89
DATE COMPLETE: 4/27/89
PARCEL ID AND
2737-073
STAFF MEMBER:
CASE NO.
26A-89
Leslie
PROJECT NAME: MIDLAND BUILDING GMOS EXEMPTION
Project Address: 530 EAST BLEEKER STREET
Legal Address:
APPLICANT: HOWARD BASS
Applicant Address: POBOX 5078 ASPEN. CO
ASPEN
REPRESENTATIVE:
Representative Address/Phone:
JACK MILLER
601 EAST BLEEKER ASPEN
(303) 925-6930
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PAID: YES NO AMOUNT: $100.00 NO. OF COPIES RECEIVED: 2
TYPE OF APPLICATION:
1 STEP:
P&Z Meeting Date
PUBLIC HEARING:
VESTED RIGHTS:
CC Meeting Date
PUBLIC HEARING:
VESTED RIGHTS:
Planning Director Approval:
Insubstantial Amendment or Exemption:
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REFERRALS: NONE
city Attorney
city Engineer
Housing Dir.
Aspen Water
City Electric
Envir. Hlth.
Aspen Consolo
S.D.
Mtn. Bell
Parks Dept.
Holy Cross
Fire Marshall
Building Inspector
Roaring Fork
Energy Center
2 STEP:
YES NO
YES NO
YES NO
YES NO
Paid: YES
X Date:
School District
Rocky Mtn Nat Gas
State Hwy Dept(GW)
State Hwy Dept(GJ)
Other
DATE REFERRED:
INITIALS:
FINAL ROUTING:
S/~/f?J INITIAL: ~
___ City Atty ____ city Engineer ___ Zoning
___ Housing ____ Other:
FILE STATUS AND LOCATION: ~, ~/
Env. Health
"'____-.~~.__"__~'""____~""""~..___ .~... "_M~~_
MEMORANDUM
TO:
Alan Richman, Planning Director
FROM:
Leslie Lamont, Planner
RE:
Midland Building GMQS Exemption
DATE:
May 8, 1989
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SUMMARY: The applicant is proposing to enclose an existing two-
story open space creating a second floor storage space of an
additional 600 square feet (accessory use) for the adjacent and
first floor businesses.
The building is currently zoned for R-l, B-1 and M-12. Existing
uses include office, storage, service/retail and residential in a
two-story building of approximately 12,572 square feet. The lot
size is 14,394 square feet and the allowable FAR is 1:1.
section 8-104 A.I. allows the Planning Director to exempt the
expansion of commercial or office uses from GMQS as an
insubstantial exemption.
FINDINGS: Pursuant to section 8-104 A.1. the Planning Director
shall exempt a commercial or office expansion if the expansion
does not increase the net leasable square footage.
section 3-101 defines net leasable commercial and office space as
those areas within a commercial or office building which are or
which are designed to be leased to a tenant and occupied for
commercial or office purposes, exclusive of any area dedicated
to... storage areas used solely by tenants on the site. A site
inspection confirmed that the existing commercial space is very
cramped and utilized as storage and shop space. The additional
storage space as proposed, which is unsuitable for pedestrian
traffic that could be associated with increased commercial or
office use, is desperately needed by existing tenants.
RECOMMENDATION: It is recommended that the Planning Director
approve the storage expansion with the proviso that the storage
areas be used solely by tenants on site.
I hereby approve the above
Growth Management Quota exemption
pursuant 0 Section 8-104 A.1 of
the Asp nd Use C
Alan Richman,
o
JACK MILQR & ASSOCIATES, A. I. A.
ARCHITECTURE/PLANNING
P.O. BOX 4285
ASPEN, CO. 81611
303-925-6930
April 20, 1989
Mr. Allan Richman
Pitkin/Aspen Regional Planning Department
l30 South Galena Street
Aspen, Colorado 8l6ll
82'
Re: GMP Commercial Exemption-Accessory Storage
Space/Staff Approval
Subject Property:
Midland Building
530 East Bleeker
Aspen, Colorado
Street
81611
Owner:
Howard Bass
Post Office Box
Aspen, Colorado
5078
81612
Representative:
Jack Miller
601 East Bleeker
Aspen, Color ado
81611
Zone:
S.C.1.
Present Use:
R-l, 8-1 and M-l; existing uses
include office, storage, service!
retail and residential in a two-story
building of approximately 12,572 square
feet.
Lot Size:
l4~394 square feet.
Existing Building:
12,572 square feet.
Allowable FAR:
1:1 or 14,394 square feet.
Requested Additional Area:
600 square feet.
Description of Additional Space and Use:
The owner proposes to build a stair to a new second floor
level to be built within an existing two-storey open space. The
new floor space is to be used as storage, (accessory use) for the
adjacent and first floor businesses.
JACK MILLER & ASSOCIATES, A.I.A.
. ARCHITECTURE/PLANNING
P. 0, BOX 4285
ASPEN, CO. 81611
(303) 925-6930
[L[Euu[EC' ])[f uOO~[j\J]~lJ0[JDuu~[L
DATE
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JOB NO
ATTENTION
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WE ARE
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SENDING '/''OU-pg:...Aftached D Under separate cover via
the following items:
D Shop drawings
D Copy of letter
D Prints
D Change order
D Plans
D
D Samples
D Specifications
COPIES
NO.
DESCRIPTION
.-
THESE ARE TRANSMITTED as checked below:
D For approval
D For your use
J(. As requested
o For review and comment
D Approved as submitted D Resubmit_copies for approval
D Approved as noted D Submit_copies for distribution
D Returned for corrections 0 Return_corrected prints
D
D FOR SIDS DUE
19 D PRINTS RETURNED AFTER LOAN TO US
REMARKS
OOM"'" "0.' rM:-~ I~ ~,""'" u.~ 0'''"
If ..nCI<l~UreS are not as noted.
COPY TO
If. ~
May 5, 1989
Alan Richmond
Aspen/Pitkin Regional Planning Dept.
130 So Galena St.
Aspen, CO 81611
Re: Midland Building
530 E. Bleeker St.
Aspen, CO 81611
Dear Mr. Richmond:
This letter is to authorize Jack Miller & Associates to
act as my representative on the Midland Building project.
Very Tr Yours,
Hdd'
14AY - 8
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RKmIed .t
,
R<c<ption No.
o'clock _ I"'..
R<ronIer.
THIS DEED. Mode ,hi,
~n
23rd
S. JAMES MARINO
day of
!-larch
.1988 ,
WARRANTY DEED
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,
,I County of
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of , he r.~1 if i .
. State 0001."'. .$l.ftlJtsrand
B C S PROPERTIES, A COLORADO GENERAL PARTNERSHIP
, w""'"lel.lldd.."i' c/o Howard Bass. P.O. Box 5078. Aspen
Colorado 81612
oflhe
County or
, S,... of Colondo. 8'""...(,):
WITNESSETH. Th.1 the ...nIOl\III, lor IJld in con,ideralion 01 ,he .umol TEN DOLLARS ($1 Q. 00) and other
good and valuable consideration ________________________________________~s.
the receipt and sufficiency of which is hereby acknowledged. ha S ,ran led. bargained. laid and con~. and by these plesents do e s ~rant.
i I harpin. llCl1. convey. .nd confinn. unto tM grantet(5). the 1 rhein .nd assign5 forever. .11 the re.1 property. together with improvemenl5.
if '"yo 'it.....lyln'.nd hein, in ,he Counlyof Pi tk in. s.... ofColondo.
d
; I _bed.. fol.....:
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See Exhibit "A" attached hereto and incorporated herein by this reference.
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I also """"" by _1Jld number IS:
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TOGETHER with all and singular Ihe hemJilament5 and appunenaoce5 lhereto belonging. or in anywise appertainina. and the revenion and
reversions. remlinder and rem.lnden. rents. Issue5 and profit5 thereof. and aU the eslalC'. right. title. inlC'rest. c1.lm and demand whltSOC"Ytr of the
IfIntoris). either in law or equilY. of. In and 10 the above bar,ained pteml~5. with the hemJilaments and appurtenances.
TO HAVE AND 1'0 HOLD the Slid premiSC'!l above bar,alned and de!lcribed with lhe appunenances. unlo lhe Irantee(5). the1 rhein and
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; I assign5 fomoer, And the ,rantor1M- for him ~I f his heirs and personal representatives. do es covenant. granl. bargain. and
.gree to.nd wllh the ~l1Intee(s). the 1 rtleln and .slligns. Ihal al the lime of the en~.1ing.nd delivery of Ihese present5. he ; 5 well
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! I seized of the premises Ibcwt conveyed. ha S good. sure. perfecl. absolute and Indefeasible e51ate of inheritance. in law. in fee simple. and
; i ha 5 ~ood ri~ht. full power and aUlhorily to granl, bargain. 5ell and con\q' the 5ame in manner and form as aforeSlid..nd thai 1M same are free
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I! .nd clear fmm all former and other ,ranis, bargainll, !lalell. liens. laxes. a.\lIC'55ment!l. encumbrances. and re5trictions of whatever kind or nature soever.
'! ~~~ EXCEPT FOR: taxes for the year 1988 payable in 1989; reservations as contained
i' in United States Patent of record; SUBJECT TO: right of way as reserved in
,! United States Patent of record; right of way and easement as set forth in
instrument recorded in Book 216 at Page 396; terms, conditions. obligations and
provisions of Party Wall Agreement as contained in instrument recorded in 800k
242 at Page 220; terms, conditions. provisions and obligations as set forth in *see
The Inn'OI\.) ,hall and will WARRANT AND FOREVER DEFEND the ."""'.barplned proml.., In lhe quiet and poacuble p"'....loo ollbo
,l1Inlee(sl. the1 r hisheinandaMignll.againslall.ndC'YC'rypersonorpersonslawfullycla" I the whole or any part thereof.
IN WITNESS WHEREOF. the ...ntorloX ha S u<<u'ed thl, d<<d.. ,he date... I
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STATE OF COLORADO
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23rd d~or Marc~-~
Wil.... my ha :nd~c1a~,..al.
O~ e.-
Nol., Mlk
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Coun'yof P itk in
The fOft',oin& Irslrument WI5 acknowledged before me thi!l
by S. James Marino
My commlssiort ell.plres
* agreement recorded in Book 504 at Page 61; assignment of lease recorded in
Book 555 at Page 202.
.U In Denver. insert "City and" .
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No. '32. ".3-85. WAIlRANTY DEED (Fer Pheloanplllk RftordJ Brldrord Publlshln,. 5125 W. 6th Ave.. Lakewood. CO 80114 -UO)) 2))-6900 '-86
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Insurance @rporatlon
NATIONAL HEADQUARTERS
RICHMOND, VIRGtNIA
EXHIBIT "A"
A tract or parcel of land within the South 1/2 of the Southwest 1/4
of Section 7, Township 10 South, Range 84 West of the Sixth Principal
meridian, described as follows:
Commencing at a point of intersection with the North line of the
South half of the Southwest one-quarter and the Southwesterly line of
East Aspen Townsite, said point bearing South 19 04'48" East a
distance of 1417.404 feet from the West one-quarter corner of said
Section 7 and said point bearing South 43 10'34" East a distance of
12.266 feet from Brass Cap Monument No. 38;
thence South 43 10'34" East and along the Southwesterly line of the
East Aspen Townsite a distance of 875.864 feet to Brass Cap Monument
MSM"C-1";
thence North 14 29'26" East a distance of 75.829 feet to Brass Cap
monument MSM"C-2";
thence South 87 30'34" East a distance of 88.957 feet to Brass Cap
Monument MSM "C-3";
thence North 84 20'26" East a distance of 164.743 feet to Brass Cap
Monument MSM "C-4";
thence South 57 38'34" East a distance of 10.54 feet to Brass Cap
Monument MSM "0-55";
and the Southwesterly corner or Quit Claim Deed No. C-5796, said
corner being the true point of the beginning;
thence South 57 38'34" East and along the Southerly line of said
Quit Claim Deed a distance of 88.623 feet;
thence South 67 20'34" East and along said Southerly line of Quit
Claim Deed No. C-5796 a distance of 36.88 feet to the Southeasterly
corner of said Quit Claim Deed;
thence North 16 38'42" East and along the Easterly line of said
Quit Claim Deed a distance of 118.58 feet to the Northeasterly corner
of said Quit Claim Deed, said Northeasterly corner bears North
73 21'18" West a distance of 150.00 feet from MSM Brass Cap Monument
"0-56"; thence continuing along the aforesaid course a distance of
8.42 feet; .
thence North 75 01'18" West a distance of 129.012 feet;
thence South 14 58'42" West a distance 94.346 feet to a point, said
bears North 57 38'34" West a distance of 4.377 feet from the
Southwesterly corner of said Quit Claim Deed marked by Brass Cap
Monument MSM "0-55";
thence South 57 38'34" East a distanco of 4.377 feet to the true point
of the beginning.
EXCEPTING THEREFROM: That portion described in Deeds to Sport
Obermeyer. Ltd., a Colorado Corporation and Klaus F. Obermeyer recorded
June 16, 1970 in Book 248 at page 971, and recorded July 10, 1970 in
Book 249 at Page 378.
COUNTY OF PITKIN. STATE OF COLORADO
..11..'__11.-11_-"1._11..11._11..'1.."._11._11__'1._'1._'I_.'(_IIIIl_.'I__II_.II_.II__'I__'I_.'I_A.Mtn1llll..~II_.'I_.'I..11_
, 100 litho in U,S.A.
STATE OF COl.ORAOO
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CENERAL PARTNERSHIP AGREEMENT
Of'
llCS PROPERTIES
...CREEMli:NT made th1s 24 th day of March, 1988 by end between
Howard Bass (her.1naiter MBass" l. lIarr18 A. Cahn, (hereinafter
"Cahn") and Dav1d H. Sw..twood (here1nafter MSweetwood").
The parties 40$Ll"e to form a general ~lu:tnersh1p 1n
accordance w1th the C010r..60 Un1torm Partnersh1p act.
t' "e:PEFORE, it is mutually agreed liS follows:
J.. , urInation. ThA part! 'lS by th1a 8gre.._"ent form a genoral
partnerShip pursuant to t~e eol~rado Vn1form 'artnorah1p Act,
2. Name. THE PAt,.:Jv.n . shaH be conducte6J,mder, the name
of BCS PROPERTIES ("THE FAi'Tl'<ERSHIP" I.
3. Plll'l'Ose:. The purpose of THE PARTNERSHIr is to acquire
for: inVQstllllmt the proporty known 8S The Midland aul1d1n9
described on Exh1b1t MAM hereto. which i8 incorporate6 by this
reference, and/ot' such. other properties a8 the Partnership may
elect to acquire in the future; to own, manage mortgage, leaso,
exchange, sell, or otherwiu transfer or c11spos. of any such
property.
4, Term. The term of Tim PARTNERSHIP $ha11 commence as of
I-li.lC, n 24, 19iiii. THE PAJiTNERSHIP shall continu ,t.u tQrmin~tQ"
by the Partners, or accordi~1 to the proviaio~ f the Colorado
Uniform Partnership Act. ..-
5. PrlnciJ:!al Offic~. Tho pr1ncipal office of THE
PARTNERSHIP shall bo maintained at, P. O. Box 5018, Aspen, CO
81612 or at any other place a~ Bass may detorm1ne.
6. Managing Ceneral Pa~r..:.. Bass shall be t:he Managing
General Partner,
7. General Partners.
be general partners.
8. Canital Contributions.
l' ,Cahn ond Swectwood shall <I!1
(II) Each partner shall contribute C:(jpital to THE
PARTNERSHIP as required in proportion to Gach of their respective
interests in THS PARTNERSHIP.
(b)
CaDital Account 1\ceountinq,
'1'Hl:: PARTNERSHIP shall
EXIlIBIT "A"
--~I-~~
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maintain capital accounts for each partner and shall reflect all
partnership activity by approprJ.ato adjustment t~ such capital
accounts.
9. Allooat1on ot Prof1to and Losses. Revenues. Deduotions &
'Credits. The net profits an4 net losses, cre4its and 4eduction
of THE PARTNr;:RSIIIP, shall be allocated as follows:
(i)
(11 )
(111)
Bass
Cahn
Swootwo04
SOlk
25%
25'
10. Oistribution to Partners.
(a) Dtstr.ibutable Cash Defined. The term "dJ.atributablG
cash" moans all cash receipts ot THE PARTNeRSHIP, other than
Capital Contributions, le8S tho Gum of tho following:
(i) any payment requ.ired to
lenders, inCluding Thatcher Bank,
Partnership 1ndebtedne.s;
(11) all such expenditures incurred in the ordinary
course of tho Partnership's bus1noss: and
be made in such period to
F.S.B. with respect to
liii) such working capital and cash reserves or other
amounts as the Partners reasonably determine to be necessary for
the proper operation of THE PARTNERSHIP business.
(b) Date of Distribution. The distributable cash, if any,
of THE PARTNERSHIP, computed on a cumulative basis, shall be
equally distributed to the Partners not less than qu.arterly on
the last day ot March, June, October and December on .the basis
sot forth above.
11. Salades. Drawin~s. EXllenses and Interest on CaDit!,!
Contributions. None of tne Partners shall receive any salary for
services rendered on bohalf of THE PARTNERSHIP 1n their capocLty
0$ Partners, or drawLng. unless agreed upon by the Partnors, nor
shaU any Partner receive any Lnterest on hLs contributions to
the capital of THE PARTNERSHIP.
.
12. Hanaqement. Duties. and Restrictions - Manag1nq-9aneral
Partner.
(i)
PAATNERSHIP.
Bass shall control and manage the assets of THE
( 11 ) Bass is expressly au.thorhed to execute and
deliver (a) assignments, leases. subleases, end other agreements
covering or affectLng Partnersh.ip Property .1ntere.t: (b) aU
check., drafte and other orders for the payment of partnenhip
2
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'I.Ind.: ec) all other 1netrl.lmente of any kind or character
Z'elating to the affairs of THE PARTNERSHIP, whether like or
I.InUke tl.e foregoing. (d) such documents as may be required to close-
(.U1) Bass may not, wi thol.lt the written consent or
Z'atiUcat1on of Cahn And Sweetwood, I.Ise any of THE PARTNERSHIP
prop arty for his separate purposes. Nothing herein shall
precll.1de Sa.. with the prior consent of Cahn and Sweetwood trom
establishing corporations, partnerships, or other entitieS for
the development of any Partnership properties;
(iv) Bass shall devote $l.Ich time to THE PARTNERSHIP
business as it, in his reasonable discretion, shall deem to be
necessary to manage ~nd supervise T1fE PARTNERS1fIP business and
affairs in an efficient manner. '1'0 the extent Bass is
geographically unavailable to condl.lct bl.lsines. in an orderly or
timely manner, he shall delegate authority by appropriate power
ot attorney 'to execl.lte al.lch 1nstrl.lmente or checks as may be
necessary or desirable to carry out PartnershiP business.
(v) Bass shall conduct the affairs and business of THE
PARTNERSHIP so as to serve the beat interests of THE PARTNERSHIP.
13. BanklnQ. All funds of THE PARTNERSHIP will ba
deposited in such bank 8ccount or accounta as shall be
designated by Bass. Withdrawals from 8ny 8uch bank account or
accounts shall be made upon such signature or signatures as Bass
may designate.
14. Conveyance~ Any deed, bill of sale, mortgage,
security Agreement, leas8, contract of sale, or other commitment
purporting to conveyor encumber the interest of THE PARTNERSHIP
in all or any portion of any real property at any time held in
its name shall be signed by all partners.
15. Books. TI-U:: PARTNERSHIP shall maintain full and
accurate books in its principal office or such oftice as shall be
designated for such purpose by Bass, and all partners shall have
the right to inspect and examine tho books at reasonable times.
The books shall be cl08ed and balanced at the end of each fiscal
year. Annual statements showing 'tHt PARTNERSHIP profits and
losses fo~ tho fiscal year and indicating the share Qf profit or
loss of each partner for income tax purposliIs shall bl! prepared by
the certified publiC accountants for THE PARTNERSHIP and
distributed to all the Partners wi thin a rellsonable time aftor
the close of each fiscal year. Bass shall use his best efforts
to delive~ Forms K-l to the Partners within sixty days after the
end of each calendar year.
. ~
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* the Loan granted to THE PARTNERSHIP by Thatcher Bank,FSB in the
principal sum of $810,000 pursuant to a Mortgage Committment granted
to THE PARTNERSHIP by Thatcher Bank FSB dated March 24, 1989, for
puX'chase of the property tict forth on Exhil:.i.t "A" anul:!xed hereto
and this Agreement shall qrant to Bass a Pn..,..,. n' 1I..........~o.. ..~ _..-_..~-
16. ASsiQD!Ei11ty.
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,
inte~ost in wnole or 1n part ~1thout the prior written consent of
tn. other pa~tnerll which consent shall not be unreasonably
wittlhe1d. In addition, no Partner may substitute Partners or
take in additional partners without the prior written consent of
the other Partners in their SOle and absolute d1~cretion.
17. DissOlutio_l'l._o~U~rtne~l!.:. THE PARTNERSHIP may be
dissolved only upon the unanimous vot~ of all of the partners, and
said dissolution shall become effective upon the date set forth
in the Aqrcement or Resolution of Dissolution.
10. Death or Disabi1itx.:.. The death, insanity or
adjudication of incompetency Of any of the Partners shall not
rOGul t in dissolution of THE PARTNERSHIP and the surviving
partner or partners may continue to carryon tho business of THl!:
PARTNERSHIP together with the Estate of the deceased
19. Indemnity. THE PARTNERSHIP shall .1ndemnLfy and save
harm10su aasa from any loss or damage incurred by him by reason
of any llct perfornlod by him for and one behalf of THE PARTNERSH1P
and in furtherance of its interact. Tho foregoing shall not
relhve Bus of UubiUty for gross negUgenca or willful
malfeasance.
.
20, Notices. all notiees provided for in this Agreement
shall be directed to the partie. at the follOWing addresses and
to THE PARTNP.RSHIP at its prinCipal ofEic. by Regiaterod or
Certi Ued Hili 1.
Howard Bass
6040 Boulovard East
I'Jest New York, Now Jorsey 07093
Harris A. Cahn
Nor.thoate ROad
Mendham, New JorDey 07945
David M. Sweetwood
179 Oldchester Road
Essex tells, New Jersey 07021
21. BindinQ Effect. This Agreement shall be binding upon
all tho partLos and tneir estate, heirs, or legate.., 8uccessors
or assigns.
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22. A~Dlicable Law. This Agreement and the rights of the
parties Shall be interpretod in accordance with the laws of the
stato of Colorado.
IN WITNESS WHEREOF, the part1es havo executed this Agreemont
a. of the da1 and year first above written.
Des
B~:
By:
By:
Harris A. Cahn
5
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 920-5090
LAND USE APPLICATION FEES
City
00113
00125
00123
00115
County
00113
00125
00123
00113
-63250-134
-63270-136
-63280-137
-63300-139
-63310-140
-63320- 141
REFERRAL FEES:
-63340-205
-63340-190
-63340-163
-63160-126
-63170-127
-63180-128
-63190-129
-63200-130
-63210-131
-63220-132
-63230-133
-63450-146
REFERRAL FEES:
-63340-205
-63340-190
-63360-143
PLANNING OFFICE SALES
00113 -63080-122
-63090-1 23
-63140-124
-69000-145
GMP/CONCEPTUAL
GMP/FINAL
SUB/CONCEPTUAL
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS!
CONSENT AGENDA ITEMS
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
SUBTOTAL
GMP/GENERAL
GMP/DETAILED
GMP/FINAL
SUB/GENERAL
SUB/DETAILED
SU B/FI NAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLlCATIONSI
CONSENT AGENDA ITEMS
BOARD OF ADJUSTMENT
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
CITY/COUNTY CODE
COMPo PLAN
COPY FEES
OTHER
SUBTOTAL
TOTAL
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Address: F'::>-tJ?/ y '~;'l ://?
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Check #
Additional billing:
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