HomeMy WebLinkAboutcoa.lu.ec.Charlie & Winston 305 W Hallam St.A64-94
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CASELOAD SUMMARY SHEET
City of Aspen
DATE RECEIVED: 08/23/94 PARCEL ID AND CASE NO.
DATE C~LETE: 'A~,-_ 2735-124-34-003 A64-94
. 4 \ J~ STAFF MEMBER: KJ
PROJE T NAM : - ~ .J~_ Lot Soli t Subdivision Exemotion ~ ,,'fl' _, /
Project Address: 305 West Hallam
Legal Address: Lots F.G.H.I. Block 43
APPLICANT: Andrew Doremus
Applicant Address: 85 Glen Garrv Drive
REPRESENTATIVE: Marti Pickett 925-2211
Representative Address/Phone: 320 W. Main
Asoen. CO 81611
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FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$ 978
$ 96
$
$
$ 1074
# APPS RECEIVED
# PLATS RECEIVED
5
5
TYPE OF APPLICATION: STAFF APPROVAL: 1 STEP: -1L 2 STEP:
P&Z Meeting Date PUBLIC HEARING: YES NO
VESTED RIGHTS: YES NO
CC Meeting Date -D~~ I"{ PUBLIC HEARING: ~ NO
/;(IV trio VESTED RIGHTS: NO
DRC Meeting Date
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REFERRALS:
city Attorney ~ Parks Dept. School District
)( City Engineer Bldg Inspector Rocky Mtn NatGas
Housing Dir. Fire Marshal CDOT
Aspen Water Holy Cross Clean Air Board
City Electric Mtn. Bell Open Space ,~~
Envir.Hlth. ACSD X other-1f'f>c... ~'(j
X Zoning Energy Center Other
.
DATE REFERRED: --.!1j (q INITIALS: 'JLJ DUE: ,b (I t./
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___ City Atty ___ City Engineer ___Zoning ___Env. Health
___ Housing ___ Open Space Other:
FILE STATUS AND LOCATION:
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ORDINANCE NO. (o~
(SERIES OF 199~
AN ORDINANCE OF THE ASPEN CITY COUNCIL GRANTING A SUBDIVISION
EXEMPTION AND GMQS EXEMPTION FOR A LOT SPLIT FOR 305 WEST HALLAM
STREET (LOTS F, G, H, AND I, BLOCK 43, CITY AND TOWNSITE OF ASPEN)
ASPEN, COLORADO
WHEREAS, pursuant to sections 24-7-1003 and 24-8-104 C., of
the Municipal Code, a lot split is a subdivision exemption and GMQS
exemption reviewed by City Council; and
WHEREAS, the applicant, Andrew J. Doremus has requested to
split his 12,000 square foot parcel to create two 6,000 square foot
residential parcels; and
WHEREAS, the Planning Department, Engineering Department,
Zoning Enforcement Officer, Historic Preservation Officer, and
Parks Department have reviewed the application and recommend
approval of the lot split with conditions; and
WHEREAS, the Aspen City Council has reviewed and considered
the subdivision exemption and GMQS exemption under the applicable
provisions of the Municipal Code as identified herein, has reviewed
and considered those recommendations made by the Planning
Department and has taken and considered public comment at public
hearing; and
WHEREAS, the City Council finds that the lot split, with
conditions, meets or exceeds all applicable development standards;
and
WHEREAS, the city Council finds that this Ordinance furthers
and is necessary for public health, safety, and welfare.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ASPEN, COLORADO as follows:
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section 1: Pursuant to sections 24-7-1003 and 24-8-104 C. of the
Municipal Code, and subject to those conditions of approval as
specified hereinafter, the City Council finds as follows in regard
to the subdivision exemption and GMQS exemption:
1. The applicant I s submission is complete and sufficient to
afford review and evaluation for approval.
2. The subdivision exemption is consistent with the purposes of
subdivision which is to assist in the orderly and efficient
development of the city and safeguard the interests of the
public and the subdivider and provide consumer protection for
the purchaser.
Section 2: Pursuant to the findings set forth in Section 1 above,
the City Council does hereby grant a subdivision exemption and GMQS
exemption for 305 West Hallam Street with the following conditions:
1) The Plat must meet the requirements of Section 24-7-1004.D.
of the Municipal Code.
2) The developer shall replace the damaged curb and gutter on the
Second Street frontage before issuance of a Certificate of
occupancy.
3) Any development on the parcel must comply with storm runoff
requirements of Section 24-7-1004 C.4.f.
4) An electric transformer easement shall be provided for the
existing meter box on lot 1 and a 4'x4' easement is required
at the southeast corner of lot 2.
5) The applicant shall agree to Jo~n any future improvements
districts for improvements to be constructed in the public
right-of-way.
6) Permits from the Streets Department are necessary for any work
in the right-of-way, including landscaping. Approval of
building permit plans does not constitute approval of design
or work in the public right-of-way.
7) Development on each parcel shall meet current driveway
requirements.
8) Pedestrian space must be retained along the street rights-
of-way.
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9) The encroaching fence along Second Street must be relocated
or removed at the time of development of Lot 2.
lO) Prior to the issuance of any demolition or building permits,
tree removal permits from the Parks Department are required
for any tree 6"diameter or greater which will be removed or
relocated. Submit for tree removal permits at least two weeks
prior to submitting for building permit.
11) Trees which will be retained must be protected prior to any
demolition, grading, excavation or material storage by the
placement of barricade fences around the driplines of the
trees.
12) All material representations made by the applicant in the
application and during public meetings with the Council shall
be adhered to and considered conditions of approval, unless
otherwise amended by other conditions.
l3) The subdivision plat and subdivision exemption agreement shall
be reviewed and approved by the Engineering and Planning
Departments and shall be filed within 180 days of final
approval or the subdivision exemption approval is void.
14) The plat shall contain language stating that the setback non-
conformities created by the new lot line shall be eliminated
during redevelopment on the two lots to conform with the
setback requirements of the R-6 zone district.
section 3: If any section, subsection, sentence, clause, phrase
or portion of this ordinance is for any reason held invalid or
unconstitutional by any court of competent jurisdiction, such
provision and such holding shall not affect the validity of the
remaining portions thereof.
section 4: This Ordinance shall not affect any existing litigation
and shall not operate as an abatement of any action or proceeding
now pending under or by virtue of the ordinances repealed or
amended as herein provided, and the same shall be conducted and
concluded under such prior ordinances.
section 5: A public hearing on the Ordinance shall be held on the
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day of
, 1994 at 5:00 P.M. in the City Council Chambers,
Aspen City Hall, Aspen colorado, fifteen (15) days prior to which
hearing a public notice of the same shall be published one in a
newspaper of general circulation within the City of Aspen.
INTRODUCED, READ AND ORDERED PUBLISHED as provided by law, by
the City council of the city of Aspen on the
day of
, 1994.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, city Clerk
FINALLY, adopted, passed and approved this
day of
, 1994.
John Bennett, Mayor
ATTEST:
Kathryn S. Koch, City Clerk
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MEMORANDUM
To: Kim Johnson, Planning Office
From: Chuck Roth, Engineering Department C-t2-
Date: October 14, 1994
Re: Charlie & Winston Subdivision Exemption for a Lot Split and GMQS Exemption
Having reviewed the above referenced application, and having made a site inspection, the
Engineering Department has the following comments:
1. Site Draina~ - Development on each parcel must meet the storm runoff requirements
of Section 24-7-1004.C.4.f and maintain historic drainage on site.
2. Drivewavs - The current driveway loops onto West Hallam. City Code permits one
driveway per lot (Section 19-101). Development on each parcel must meet current
requirements. Access from the alley is preferable to driveways accessing the streets.
Section 24-3-101 (definitions, "Floor area") provides a 500 square foot exclusion for
dwelling units for garage access from alleys. This should be included as general note on
the final plat.
3. Sidewalk Curb & Gutter - The site is in the West End where concrete sidewalks are
not required, but pedestrian usable spaces are required. The site currently provides
pedestrian usable space between the curb and the property line. Such space must also
be provided for prior to issuance of a certificate of occupancy for development on either
parcel.
About ten feet of curb and gutter on the Second Street frontage has heaved and
must be replaced prior to certificate of occupancy.
4. Encroachment - There is a fence encroaching into the Second Street right-of-way. It
must be relocated or removed at the time of development of Lot 2.
5. Utilities - The final plat must indicate an easeIljlent for the existing electric meter box
at the southeast comer of Lot 1 and a 4' x 4' easement at the southeast comer of Lot 2
for possible future relocation of the existing utility pedestal near that property comer.
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6. Final Plat - The final plat must meet the requirements of Section 24-7-1004.0.
7. Improvement Districts - The applicant shall agree to join any future improvement dis-
tricts which may be formed for the purpose of constructing improvements in the public
right-of-way.
8. Work in the Public Right-of-wav - Given the continuous problems of unapproved work
and development in public rights-of-way adjacent to private property, we advise the
applicant as follows:
The applicant shall consult city engineering (920-5080) for design
considerations of development within public rights-of-way, parks department
(920-5120) for vegetation species, and shall obtain permits for any work or
development, including landscaping, within public rights-of-way from city streets
department (920-5130).
cc: Cris Caruso, Andrew Doremus, Martha Pickett
M94.3S1
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PUBUC NOnCE
RE: CHARLIE ol WINSTON SUBDIVISION
EXEMPTION FOR A LOT SPUT .....- .~.
N011CE IS HEREBY GI'lEN that. ."publlc hear.
.... win be held on Monday'.BreiEember 12. 1994
.-: a meeting to begin 'at 5:00 pm before the
Alpen City Council. City Council Chamber.,
.' Cft7 Hall, 130 S. Galena. Aspen to consider an
QplkaUon submitted by VEJ.. AJO Partner-
PIp, u.c. C/o Andrew Doremus., 85. Glen Gary
Drtve, Aspen. CO. requesting approval 01 a Sub-
dtvtskJn Eem.puon for a Lot Spilt to create two
6,000 square foot lots. The property Is located
.. Lots F, G, H &. I, Block 43, City and Townsite
.; of Aapen. For further information, contact 10m
:~-Iobuon at the AspenjPltkln Planning Office,
130 S. Galena St.. Aspen. CO 920-5100. , .
stjohn Bennett, Mayor
As)>e!l CIty CoUncil
Published In the Aspen TImei on November
25.1994. . ~
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City Council
Approved
By Ordinance
Exhibit
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PUBLIC NOTICE
RE: CHARLIE' WINSTON SUBDIVISION EXEMPTION FOR A LOT SPLIT
NOTICE IS HEREBY GIVEN that a public hearing will be held on
Monday, December 12, 1994 at a meeting to begin at 5:00 pm before
the Aspen city council, city council Chambers, city Hall, 130 S.
Galena, Aspen to consider an application submitted by VEJ & AJD
Partnership, LLC, c/o Andrew Doremus, 85 Glen Gary Drive, Aspen,
CO, requesting approval of a Subdivision Exemption for a Lot Split
to create two 6,000 square foot lots. The property is located at
Lots F, G, H & I, Block 43, city and Townsite of Aspen. For
further information, contact Kim Johnson at the Aspen/pitkin
Planning Office, 130 S. Galena st., Asp~n, CO 920-5100.
s/John Bennett. Mayor
Aspen city Council
Published in the Aspen Times on November 25, 1994
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City of Aspen Account
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LANDOWNERS WITHIN 300 FEET
OF THE SUBJECT PROPERTY
VEJ & AJD Partnership, LLC
85 Glen Garry Dr.
Aspen, CO 81611
Esther Benninghoff
233 W. Hallam Ave.
Aspen, CO 81611
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Joel D. Sax
303 W. Francis
Aspen, CO 81611
John A. & Ann F. Scheid
500 S. Arroyo Blvd.
Pasadena, CA 91105
Brian & Pati Eberstein
6561 Cliffbrook
Dallas, TX 75270
Sharon M. Prior
PO Box 656
Aspen, CO 81612
Merrill Ford
323 W. Francis st.
Aspen, CO 81611
Jack Barker
Carryn Adrianna Barker Trust
PO Box 7943
Aspen, CO 81612
Helmut J. & Brunhilde P.
Schloffer
PO Box 941
Aspen, CO 81612
Marjorie Ann pinnington
46 willoughby Rd.
Hampstead, London UK NW31RU
John C. & Sara F. Dobbs
PO Box 241750
Memphis, TN 38124
Sally Allen Potvin
320 W. Bleeker
Aspen, CO 81611
Phillip N. & Susan J. West
2114 Mt. Calvary Rd.
Santa Barbara, CA 93105
Eugene siegel
310 W. Bleeker st.
Aspen, CO 81611
: ~,
William Lloyd Davis
Trustee of Davis Living Trust
15233 Ventura Blvd., #600
Sherman Oaks, CA 90403
Margaret W. Saunders
231 Encino Avenue
San Antonio, TX 78209
Lynda Maccarthy
PO Box 117
Aspen, CO 81612
Gretta M. Kettelkamp
3408 Morris Avenue
Pueblo, CO 81008
Raymond A. Larson, Jr.
Eric Jon Larson
PO Box 1268
Eau Claire, WI 54702
M.D.W. Enterprises, Inc.
233 W. Bleeker
Aspen, CO 81611
Leonard C. Horvitz
Richard Horvitz Trust
85 Stonewood Drive
Moreland Hills, OH 44022
Nicholas DeWolf
233 W. Bleeker
Aspen, CO 81511
Sam & Laura Richter
21213 Harrow Court
Boca Raton, FL 33433
Galardi Group, Inc.
4440 Von Karman Ave.
Newport Beach, CA 92660
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Arthur & Fredna stromberg
442 W. Bleeker
Aspen, CO 81611
Arthur & Fredna stromberg
145 Bridge Road
Hillsborough, CA 94010
Marion Tesitor
1136 E. Fifth Ave.
Longmont, CO 80501
Chester & Beverly Firestein
9777 wilshire Blvd., Ste. 501
Beverly Hills, CA 90212
William D. & Patricia A.
Hutzley
100 Cold Indian spring
Ocean, NJ 07712
Marilyn Gallant
617 Vine street, Ste. 1430
cincinnati, OH 45202
Marybelle S. Robinson
2552 E. Alameda st., #97
Denver, CO 80209
Beryl Arthur & Mary Elizabeth
Erickson
PO Box 1207
Aspen, CO 81612
Felicia M. Lee
302 N. 2nd st.
Aspen, CO 81611
George A. Vicenzi
PO Box 2238
Aspen, CO 81612
James P.S. Griffith
suite A, 3417 Milam Ave.
Houston, TX 77002
Esther Leonard DeVos
PO Box 3238
Aspen, CO 81612
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Leslie G. Rudd
PO Box 968
Wichita, KS 67201
Josef & Margarete A. Uhl
PO Box 122
Aspen, CO 81612
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Frank E. Peters
Marta Chaikovska
PO Box 9698
Aspen, CO 81612
o. Louis & Frances Lynette
Wille
200 W. Main
Aspen, CO 81611
Don D. & Ann W. Pevehouse
PO Box 7757
Aspen, CO 81612
Ruth Whyte
PO Box 202
Aspen, CO 81612
vej\propownr.lst
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Dobbs Brothers Management
5170 Sanderlin-Suite 102 Memphis. Tenn. 38117
Mailing Address:
P.O. 80x 241750 Memphis, Tenn. 38124-1750
901/685-8881 FAX - 901/685-9053
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JOHN C. DOBBS
PARTNER
December 5, 1994
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Ms. Kim Johnson
Aspen/Pitkin Planning Office
130 s. Galena street
Aspen, CO 81611
Dear Ms. Johnson:
My wife and I have a home at 207 North Second Street
in West End. We are opposed to the request that VEJ and AGD
Partnershi p, LLC has made to create two 6,000 square foot
lots located at Lots F, G, H and I, Block 43. We are opposing
the request to subdivide because I think it would create
additional car traffic in our neighborhood.
Yo~rs . /?' }//
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J n C. Dobbs
JCD:bc
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MEMORANDUM
FROM:
Mayor and city council
Amy Margerum, City Manager
stan Claus~ Community Development Director
Kim Johnson, Planner
TO:
THRU:
THRU:
DATE:
December 12, 1994
RE:
Charlie & winston
Exemption for a Lot
63, Series of 1994
Subdivision Exemption
Split, Second Reading of
(Public Hearing)
and GMQS
Ordinance
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SUMMARY: The applicant, Andrew J. Doremus, requests a lot split
to create two 6,000 s.f. residential parcels from one 12,000 s.f.
parcel. Pursuant to sections 24-7-1003 and 24-8-104 C. a lot split
is a subdivision exemption and GMQS Exemption by Council. First
reading was approved on the consent calendar on November 14, 1994.
The property is located at 305 W. Hallam street. It is zonedl'f r~~
R-6 Medium Density Residential. t' ~-
APPLICANT'S REQUEST: The request is for a subdivision exemption ~ ~
to split the 12,000 square foot parcel into two 6,000 square foot
parcels. The underlying R-6 zone wi 11 allow a single family
residence on each of the parcels. An existing residence straddles
the proposed lot line, but is intended to be demolished for
redevelopment of the new lots. Please refer to Exhibit "A" for the
proposed plat.
REFERRAL COMMENTS:
"B".
Please see complete referral memos, Exhibit
Parks: Rebecca Baker stated that development on the two new
parcels will have an impact on the mature deciduous and evergreen
trees on the site. These trees should be saved or relocated o~ VJ,"A~L
site. Tree removal/relocation permits are required prior to the fV~-'-~
issuance of any demolition or building permits. ~
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Enqineerinq: Chuck Roth forwards the following: ~~~ ~ ~
1) The Plat must meet the requirements of section 24-7-1004.D.
of the Municipal Code.
2) The developer shall replace the damaged curb and gutter on the
Second Street frontage before issuance of the certificate of
Occupancy.
3) Any development on the parcel must comply with storm runoff
requirements of section 24-7-1004 C.4.f.
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4) An electric transformer easement shall be provided for the
existing meter box on lot 1 and a 4'x4' easement is required
at the southeast corner of lot 2.
5) The applicant shall agree to join any future improvements
districts for improvements in the public right-of-way.
6) Permits are necessary for any work in the right-of-way,
including landscaping.
7) Development on each parcel shall meet current driveway
requirements.
8) Pedestrian space must be retained along the street rights-
of-way.
9) The encroaching fence along Second Street must be relocated
or removed at the time of development of Lot 2.
Zonina: Bill Drueding submitted the following:
1) Development on Lot 2 shall comply with the setback rule for
corner lots under section 24-3-101 Yards (c).
Historic Preservation: Amy Amidon stated that the owner has
requested that the parcel be removed from the inventory of historic
landmarks. The HPC has considered the request and is forwarding
a recommendation to City Council that the property be taken off of
the inventory. Council will hear first reading of this item in
January. If Council denies the removal request, the demolition,
partial demolition or relocation of the home will have to be
approved by the HPC. If the Council approves the request, HPC
review is not required.
STAFF COMMENTS: There is an existing 1,200 s.f. single family
residence on the parcel. As mentioned in the Parks referral
comments, there are significant trees on the site. The setbacks
in the R-6 zone can accommodate many of these trees by keeping
development from the root zones. However, there is no regulation
that prohibits the removal of trees from the site. It is suggested
that the applicant voluntarily agree to save and protect the four
spruces along Hallam, the three aspens in the rear yards, and as
many of the deciduous trees in the middle of the lots as feasibly
possible. In order to protect the trees, barricades must be
erected at the trees I drip lines prior to commencement of any
construction activity such as demolition, grading, excavation or
material storage.
Based on current codes, the FAR allowed for each new single family
home is 3,240 s.f. By designing two story homes, more yard area
would be provided to accommodate the mature trees.
The split of a lot for the purposes of the development of one
detached single-family dwelling is a subdivision exemption by
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Council. In addition, the development of a single family home on
a lot formed by a lot split is also a GMQS Exemption by Council.
Pursuant to sections 24-7-1003 and 24-8-104 C., a lot split
subsequent to November 14, 1977 may be granted if all of the
following conditions are met:
A. The land is not located in a subdivision approved by either the
Pitkin County Board of County Commissioners or the city Council,
or the land is described as a metes and bounds parcel which has
not been subdivided after the adoption of the subdivision
regulations by the City of Aspen on March 24, 1969.
RESPONSE: The property is in the original Townsite and East Aspen
Addition, thus is not located in a subdivision approved by either
the BOCC or Council, and has not been subdivided after 1969.
B. No more than two lots are created by the lot split, both lots
conform to the requirements of the underlying zone district and the
applicant commits that any lot for which development is proposed
will contain an accessory dwelling unit. When there is demolition
of the property which makes it subject to the provision of Article
5, Division 7, Replacement Housing Program, the standards of that
program shall supersede these requirements.
RESPONSE: No more than 2 lots will be created by this lot split.
The two parcels will conform to the underlying R-6 zone district
requirements. HPC will not review any demolition or development
on this parcel provided that the property is removed from the
inventory as requested by the owner.
Because the existing home conflicts with the proposed lot line
bisecting the property, the Subdivision Exemption Plat must reflect
that any new development on the parcels will require that these
buildings conform to the required side yard setbacks. This Plat
note removes the need to have the existing structures go before the
Zoning Board of Adjustment for a variance to the new setbacks or
to demolish the structure prior to recording the plat.
The 1990 affordable housing mitigation requirements of Ordinance
1 (Section 24-8-104 A.1.c.) supersede the 1988 requirements that
each lot created by a lot split must provide an accessory dwelling
unit. However, if an accessory dwelling unit is proposed, it must
receive approval as required by the land use regulations.
Otherwise, Ordinance 1 allows for other options including deed
restriction of the new units or payment of cash-in-lieu for new
floor area on the parcel.
C. The lot under consideration, or any part thereof, was not
previously the subject of an exemption under the provisions of this
article or a "lot split" exemption pursuant to a GMQS Exemption by
Council.
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RESPONSE: The subject parcel was not previously granted an
exemption under the provisions of Chapter 24, the Land Use section
of the Municipal Code.
D. A subdivision plat is submitted and recorded after approval,
indicating that no further subdivision may be granted for these
lots nor will additional units be built without receipt of
applicable approvals pursuant to this article and growth management
allocation pursuant to Article 8.
RESPONSE: A subdivision plat and subdivision exemption agreement
shall be reviewed by the Planning and Engineering Departments and
shall be recorded within 180 days of final approval. Failure to
record the agreement and plat shall nullify the approval.
RECOMMENDATION: Staff recommends approval of the proposed lot
split with the following conditions:
1) The Plat must meet the requirements of Section 24-7-1004.D.
of the Municipal Code.
2) The developer shall replace the damaged curb and gutter on the
Second Street frontage before issuance of a Certificate of
Occupancy.
3) Any development on the parcel must comply with storm runoff
requirements of Section 24-7-1004 C.4.f.
4) An electric transformer easement shall be provided for the
existing meter box on lot 1 and a 4'x4' easement is required
at the southeast corner of lot 2.
5) The applicant shall agree to join any future improvements
districts for improvements to be constructed in the public
right-of-way.
6) Permits from the Streets Department are necessary for any work
in the right-of-way, including landscaping. Approval of
building permit plans does not constitute approval of design
or work in the public right-of-way.
7) Development on each parcel shall meet current driveway
requirements.
8) Pedestrian space must be retained along the street rights-
of-way.
9) The encroaching fence along Second Street must be relocated
or removed at the time of development of Lot 2.
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10) Prior to the issuance of any demolition or building permits,
tree removal permits from the Parks Department are required
for any tree 6" diameter or greater which will be removed or
relocated. Submit for tree removal permits at least two weeks
prior to submitting for building permit.
11) Trees which will be retained must be protected prior to any
demolition, grading, excavation or material storage by the
placement of barricade fences around the driplines of the
trees.
12) All material representations made by the applicant in the
application and during public meetings with the Council shall
be adhered to and considered conditions of approval, unless
otherwise amended by other conditions.
13) The subdivision plat and subdivision exemption agreement shall
be reviewed and approved by the Engineering and Planning
Departments and shall be filed within 180 days of final
approval or the subdivision exemption approval is void.
14) The plat shall contain language stating that the setback non-
conformities created by the new lot line shall be eliminated
during redevelopment on the two lots to conform with the
setback requirements of the R-6 zone district.
RECOMMENDED MOTION: "I move to approve at second reading
Ordinance 63, Series of 1994 for the Charlie & winston lot split
subdivision exemption at 305 West Hallam street, Aspen Colorado."
Ordinance 63, Series of 1994.
EXHIBITS:
A. Proposed Plat
B. Referral Comments
C. Published Public Notice
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,; C1ty Council
Approved
By Ordinance
Exhibit B
, 19
MEMORANDUM
TO:
stan Clauson, Planning Director
Kim Johnson, Planner
FROM:
Amy Amidon, Historic Preservation Planner
RE:
305 W. Hallam
DATE:
November 7, 1994
-----------------------------------------------------------------
-----------------------------------------------------------------
This house was moved to its current site from another location in
the West End and has undergone major changes in terms of materials.
It has been stuccoed, windows changed, roof changed and new
features added. The original appearance of the house and any
demolition which may have taken place is difficult to determine.
In the 1980's, the City used a numerical rating system, 0 through
5 to identify the overall "quality" of our historic resources and
the significance of individual structures. This building was rated
a 1 (next to lowest), and was exempted by City Council Ordinance
#5, Series of 1987, from a moratorium on demolition of historic
resources which was in effect at that time because Council and HPC
found that this and other buildings had lost their historic
significance.
Consultants hired by the City to re-evaluate the Inventory in 1991-
92 recommended that 305 W. Hallam be deleted from the Inventory of
Historic sites and Structures because the only remaining historic
significance of the building is its contribution to the scale of
the West End. In September, HPC was asked to re-evaluate the
status of a number of historically designated sites as part of a
five year review which they are required to do. The recommendation
from the consultants that 305 W. Hallam be deleted from the
Inventory was presented to the Committee, and Staff specifically
recommended that they carefully consider this site. A number of
the Committee members made a site visit. They decided (by
ReSOlution) that this house is only marginally significant, in
terms of scale, and that it should be deleted. This recommendation
is to be forwarded to City Council in January.
c
"""
.....,;
MEMORANDUM
TO:
THRU:
FROM:
DATE:
RE:
Kim Johnson, Planning Office
George Robinson, Parks Director
Rebecca Baker, Parks Department
October 24, 1994
Charlie and Winston Subdivision Exemption for a Lot Split & GMQS Exemption
We have reviewed the application submitted by Andrew Doremus for Subdivision exemption and
GMQS exemption for a Lot split on the property located at the corner of Hallam and Second
Streets. Our biggest concem regarding this application is the current landscaping of this parceL The
existing house is located in the center of the parcel with relatively mature landscaping surrounding
the house. With a lot split and probable demolition of the existing house and development of two
new houses, one on each lot, impacts the spruces trees currently on the property. A tree removal
permit would be required if such a scenario takes place, and it would be encouraged to save or
relocate those spruce trees on the lot
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-""'"
~
MEMO
TO:
Kim Johnson
FROM:
Charlie, if' ~nston
Wil~rre~ing
Lot split
RE:
-----------------------------------------------------------------
-----------------------------------------------------------------
COMMENTS:
1. A fence encroaches on city property east of Lot I off of North
Second Street.
2. Are there plans to demolish the existing house? I don't think
we should keep going to the Board of Adjustment to legitimize
the setback problems if the house straddles the new property
line.
3. Lot #2 would fall under the setback rule for a corner lot.
section 3.101 yards (c).
.,'.:
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l!l!
County of Pitkin )
) ss.
state of Colorado )
AFFIDAVIT OF NOTICE BY POSTING
-GF 1\ UARIl...UCE IIEARInG BEFORE
~u~ CITY OF A3PEN
BQ]..R:B OF AlAJU::>TM..t.;Nl.'">
(Pursuant to section 2-22 (c)
of the Municipal Code)
The undersigned, being first duly sworn, deposes and says as
follows:
1.
I,
Andrew J. Doremus
or
being
representing an Applicant before the city of Aspen Board of
Adjustment, personally certify that the attached photograph
fairly and accurately represents the sign posted as Notice of
the variance hearing on this matter in a conspicuous place on
the subject property (as it could be seen from the nearest public
from
2nd
and that the said sign was posted
DecEmber
day of
and visible continuously
19 94 to the
-'
way)
the
12th
day of
Decanber
for at least ten (10) full days before the hearing date) .
19.2i..
(Must be posted
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Subscribed and sworn 1;q befor~ me,
this I~ day of ~
19:1!1 by
Andrew J. Doremus
WITNESS MY HAND AND OFFICIAL SEAL.
"....,
........,
:)
AFFIDAVIT OF NOTICE OF MAILING
I hereby certify that the Notice attached as Exhibit "A" was
sent first class mail, postage prepaid to all persons on the
attached Exhibit "B" on the 1st day of December, 1994.
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing was subscribed and sworn to before me this 1st
day of December, 1994, by Jeanne C. Doremus.
witness my hand and officiai.seal.
My commission expires: Jj 17f1c:" () ~
Y\I\~ C--,~
Notary Public
vej\mai l ing.ntc
1) project: Name
C l\TmC11MENr 1.
Il\ND USE APPLJ:CATION FOl<M
CHARLIE & WINSTON LOT SPLIT
.......\
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2)
Project: IDeation
305 West Hallam Street. Aspen. CO
(inlicate street adkess, lot. & block nuniJer,
awrcpriate)
Lots F, G, H, I, BLock 43, City and Townsite of AspJn,
legal description YIhere
R-6
12,000 sq. ft.
3) P.I;esent Za1in::J
4) lot size
5) 1'IW1icanl:'S Name, 1lddJ:ess & Ibone '. Andrew J. Doremus, 85 Glen Garry Drive
Aspen, CO .(303) 925-496l
. . Martha C. Pickett, McFlynn & Pickett, P.C.
RepreSentative's Name, l\d:kess & Ibone ,
320 W. Main Street, Aspen, CO 8l6ll (303) 925-2211
6)
7) 'J:Ypeof 1'IWlication: (please d1eck all that awly):
_ 8040. GI:eenline
_ ~ IUD.
~ UXIcepI::ual Historic Dev.
:.:-- Fina1 Histaric Dev -.
Minor Historic Dev_
carrlitional Use
_~SPA
Final SPA
_ Speci,,' Review
_ Sb:eam Mllgin
Final IUD
_ Hi$taric l)>o1n' iticn
M:xmtain view Plane
.
SUbdivisicn
_ Historic Designaticn .
OXrlcminiumizaticn _ 'l'ext:/MaP A1oorrlne1l:
_ XX IDt splitjIDt Line
lIdjusbJrmt
8) Description. of. Eldst.in:J . Uses (n.mi:Jer am type of existing. st::J:uc:b.1I=;;
awrarimate sq. ft.; JlImb>r of kili...:ms; any previalS 'aWrOVaJ.S granted b? the
prqJerty) .
_ GQ3 Allotment:
_ GQ3 ExaIpticn
One single family dwelling unit containing 4 bedrooms and is approximately
l200 Sq. Ft.
9) DescJ;:ipt.ion of DevellJlAl""l1l: 1'IWlication
Lot Split of 4 City lo. s into 2 parcels of 6,000 sq. ft. each
lO) !five yoo attad1ed the folla.rin:J?
Response to Attad1menl: 2, MinbIum Sl1m; .....icn 0Jrrt:ents
-x-- Response to Attad1menl: 3, Specific S11m; .....icn 0Jrrt:ents
-x-- Response to Atta<.iWl2<1Il: 4, Review starrlards for Yoor 1'IWlicaticn
-.
-'
-.
-
AUTHORIZATION TO SUBMIT THE LAND USE APPLICATION
THE UNDERSIGNED as the owner of Lots F, G, H, I, Block 43,
City and Townsite of Aspen, hereby authorizes Martha C. pickett and
Jeanne C. Doremus of McFlynn & Pickett, P.C., 320 West Main, suite
1, Aspen, Colorado, 81611, telephone number (303) 925-2211, to
submit a Land Use Application on my behalf to the City of Aspen for
a lot split of the above mentioned property and to execute any and
all documents which may be required to obtain approval for a lot
split.
5)
DATED this &LI day of August, 1994.
VEJ & AJD PARTNERSHIP, LLC.
B .
A drew J. D
85 Glen Gar Drive
Aspen, Colorado 81611
(303) 925-4961
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VICINITY MAP
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MONUMENT,
f:
LOT
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SCHEDULE A
ORDER NUMBER: 00021126C2
1. EFFECTIVE DATE: July 19, 1994 AT 8:00 A.M.
2. POLICY OR POLICIES TO BE ISSUED: AMOUNT OF INSURANCE
A. ALTA OWNER'S POLICY $ TBD
PROPOSED INSURED: TO BE DETERMINED
B. ALTA LOAN POLICY $
PROPOSED INSURED:
C. ALTA LOAN POLICY $
PROPOSED INSURED:
D. $
3. THE ESTATE OR INTEREST IN THE LAND DESCRIBED OR REFERRED TO IN THIS
COMMITMENT AND COVERED HEREIN IS FEE SIMPLE AND TITLE THERETO IS AT THE
EFFECTIVE DATE HEREOF VESTED IN:
VEJ & AJD PARTNERSHIP, LLC., A COLORADO LIMITED LIABILTY COMPANY
4. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS:
Lots F, G, H AND I, Block 43,
CITY AND TOWNSITE OF ASPEN
County of Pitkin, State of Colorado
OWNERS:
TBD
ST)':WART TITLE OF
ASPEN, INC.
620 E. Hopkins
ASPEN, COLORADO 81611
303 925-3577
FAX 303-925-1384
c
:)
APPLICATION FOR LOT SPLIT
SUBDIVISION EXEMPTION
August 22, 1994
This application is submitted on behalf of the owner of a
parcel of land, described as Lots F, G, H, I, Block 43, city and
Townsite of Aspen, to request a lot split by subdivision exemption
and GMQS exemption approval pursuant to sections 24-7-1003(A) (2)
and 24-S-104(C) (1) (a) of the Aspen Municipal Code.
This application complies with the substantive development
review standards as follows:
1. No more than two lots will be created by the lot split.
2. The resulting lots will conform to the requirements of
the underlying zone district (RS-6) and the applicant commits that
any lot for which development is proposed will contain an accessory
dwelling unit.
3. The lots under consideration or any part thereof were not
previously subject of an exemption under the provisions of either
section 24-7-1003 (A) (2) or section 24-S-104 (C) (1) (a) .
4. The proposed lot split meets the requirements of a
subdivision exemption in that the division will assist in the
orderly and sufficient development of the City, will ensure the
proper distribution of development and encourages well-planned
subdivision of land by establishing standards for the design of
subdivisions.
Attachments included:
A. Copy of the Pre-application conference summary
B. Five copies of application, with proposed lot split plat
C. Consent for representation
D. List of names and addresses requiring public notice
E. Application fee in the amount of $1074.00
If you have any questions, or would like additional
information, please call me.
Respectfully submitted,
McFLYNN & PICKETT, P.C.
By:
. Pickett
,."
,,;/
, "
ASPEN/PITKIN PLANNING OFFICE
Al:reement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
(hereinafter, THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 77 (Series of 1992) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT on a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required findings for project approval, unless
current billings are paid in full prior to decision.
-
",.
,f" :'~
-".-0'
5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $
which is for _ hours of Planning Office time, and if actual recorded costs
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of the application mentioned
above, including post approval review. Such periodic payments shall be made
within 30 days of the billing date. APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
APPLICANT
By: ~1Yl~
Diane Moore
City Planning Director
By:
Mailing Addr ss:
32 D YV, '- cUrl Sf . 5/.-<
A5peVll en 8 (0
Date: II
2
385973 B-795 P-182 09/28/95 04:26P PG 1 OF 5
SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER
REC
26.00
DOC
0.00
NO
SUBDIVISION EXEMPTION AGREEMENT
FOR mE WINSTON & CHARI.IE LOT SPLIT
THIS SUBDMSION EXEMPTION AGREEMENT is made and entered into this 5th
day of June, 1995, by and between VEJ AND AID PARTNERSHIP, LLC (hereinafter called
"Owner"~and THE CITY OF ASPEN, A MUNICIPAL CORPORATION ("City"), as of the
dates provided below.
WITNESSEm:
WHEREAS, Owner owns that certain real property (the "Property") located at 305 West
Hallam (Lots F, G, H, & I, Block 43, City and Townsite of Aspen), State of Colorado; and
WHEREAS, 'on December 12, 1994, the City Council of the City of Aspen granted
approval for subdivision exemption and GMQS exemption for a lot split on the Property pursuant
to Sections 24-7-1003 'and 24-8-104(C) of the Municipal Code of the City of Aspen to split a
12,000 square foot parcel to create two 6,000 square foot residential parcels; and
WHEREAS, the approval of the lot split was conditioned upon the Owner complying
with certain requirements including entering into a Subdivision Exemption Agreement for the
Property; and
WHEREAS, Owner has subplited to the City for approval, execution and recordation a
plat for the Property (the "Plat") and the City agrees to approve, execute and record the Plat on
the agreement of the Owner to the matters described herein, subject to the provisions of the Code,
the conditions contained herein and other applicable rules and regulations; and
WHEREAS, the City has imposed conditions and requirements in connection with its
approval, execution and and acceptance of the Plat and such matters are necessary to protect,
promote and enhance the public health, safety and welfare and, pursuant to the Code, the City is
entitled to assurances that the matters set forth herein will be faithfully performed by the Owner;
and
WHEREAS, the Owner is willing to enter into such agreement with the City and to
provide assurances to the City.
NOW, mEREFORE, in consideration of the mutual covenants contained herein and the
approval, execution and acceptance of the Plat for recordation by the City, it is agreed as follows:
1. Acceptance of Plat. Upon execution of this Agreement by all parties hereto, and
upon approval of the final plat by the Engineering Department and planning Office, the City
agrees to approve and execute the final plat for the subdivision exemption and GMQS exemption
for a lot split submitted herewith, which conforms to the requirements of Section 24-7-1004(0) of
the Code,
385973
B-795 P-183 09/28/95 04:2&P PG 2
OF 5
2. Public Improvement,
L The Owner shall replace the damaged curb and gutter on the 2nd Street
frontage before issuance of a Certificate of Occupancy.
b. Electric transformer easement shall be provided for the existing meter box
on Lot I and a 4x4 easement is required at the southeast comer of Lot 2.
Co The Owner shall agree to join in future improvement districts for purposes
of constructing improvements in the public right-of-way.
d. Pedestrian space must be retained along the streets' right-of-way.
e. Any work, including landscaping, conducted in the public right of way
requires a permit from the City's Street Department, and approval of building plans does not
constitute approval of design of work in public right of way.
3. Landscapinr .
a. Tree removal permits from the City Parks Department are required as part
of the issuance of any demolition or building permits for any tree 6" in diameter or greater which
shall be removed or relocated. At least two weeks prior to requesting a building permit from the
City, the Owner must submit for tree removal permits..
b. Trees that will be retained must be protected prior to any demolition,
grading, excavation or material storage by the placement of barracades fences around the drip
lines of the trees.
4. Miscellaneous.
2. Any development on the Property must comply with storm runoff
requirements of Section 24-7-1004(C)(4)(F) of the Code.
b. The fence encroaching along Second Street must be relocated or removed
at the time of development of Lot 2.
c. Any development on each parcel shall meet current driveway requirements.
-2-
385973
B-795 P-184 09/28/95 04:26P PG 3
OF 5
5. Material Representations. All material representations made by Owner on
record to the City in accordance with the approval of the project shall be binding upon the Owner.
6. Enforcement. In the event the City detennines that Owner is not in substantial
compliance with the terms of this Agreement or the Final Plat, the City may serve a notice of
noncompliance and request that the deficiencies be corrected within a period offorty-five (45)
days. In the event the Owner believes tht it is in compliance or that the noncompliance is
insubstantial, the Owner may request a hearing before the City Council to detennine whether the
alleged noncompliance exists or where any amendment, variance or extension of time to comply
should be granted. On request, the City shall conduct a hearing according to its standard
procedures and take such action as it deems appropriate. The City shall be entitled to all remedies
at equity and at law to enjoin, correct and/or receive damages for any noncompliance with this
Agreement.
7. Notices. Notices to the parties shall be sent by U.S. certified mail, return receipt
requested, postage prepaid to the parties may substitute in writing. Such notices shall be deemed
received, if not sooner received, three (3) days after the date of mailing of the same.
To the Owner:
VEJ-AJD Partnership, LLC
c/o Andrew J. Doremus
0085 Glen Gany
Aspen, CO 81611
To the City:
City Attorney
City of Aspen
130 S. Galena
Aspen, CO 81611
8. Hindin!: Effect. The provisions of this Agreement shall run with and constitute a
burden on the land and shall be binding and inure to the benefit of the Owner, its successors and
assigns and to the City, its successors and assigns.
9. Amendment. This Agreement may be altered or amended only by written
instrument executed by all the parties hereto, with the same formality as this Agreement was
executed.
10. Severability. Ifany of the provisions of this Agreement are detennined to be
invalid, such determination shall not affect the remaining provisions hereof.
-3-
385973
B-795 P-185 09/28/95 04:26P PG 4
OF 5
IN WITNESS WHEREOF, the parties hereto have executed this Subdivision Exemption
Agreement the day and year first written above.
By:
APPROVED AS TO FORM:
TIIE CITY OF ASPEN, COLORADO
a municipal corporation
ATTEST:
BY:~~~~fJ~
. e I
~tw>~
By: ~ ;d&
Kathryn S och, City Clerk -
T l. r
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing was sworn and subscribed to before me this /::s). day of r!2.ji//A'k
1995, by Andrew J. Doremus, an authorized member ofVEJ-AJD Partnership LL . _ .
Witness my hand and official seal.
My commission expires /t7 -&. .Cl g
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-4-
385973
B-795 P-186 09/28/95 04:26P PG 5
OF 5
STATEOFCOLORADO )
) ss.
COUNTY OF PITKIN )
~9I!<89.ip~~M '>>'.QI1l and subscribed to before me this~ day of ~ ~
1995, by~athryn S. Koch, as Mayor and City Clerk, respectively, of The
City of Aspen, a Municipal corporation.
.
-5-
~ . ASPEN/PITKIN PLANNING OFFICE '.f
130 South Galena Slreet
Aspen, Colorado 81611 IA
(303) 920.5090 ~()03 / \
LAND USE APPLICATION FEES d 13.$' - icJI/... '3 if A-17 ~
CITY: 11
TOTAL //)1 L./ 0 CI
Narne{/P T <1-,4 r,tl ItL....,-L, /J Phone:
Address: <'l S //f!..... d--:.;,ff, Project: {/tfT-;?1- liT ~
~ (7~ /?/.,-?;b//'l-tAf /
Check.: , Date: No of Copies: _
-63250-134
-6327()'136
-63280-137
-6330()'139
-6331 ().140
-6332()'141
-6333()'150
-63432-157
-63432-157
-MR011
GMP/Conceptual
GMP/Final
SUB/Conceptual
SUB/Rnal
AII-2 Step Applications
All 1 Step Applications
Staff Approval
Zoning Plan Check
Sign Perm~
Use Tax for Sign Permits
HISTORIC PRESERVATION:
-63335-151
-63336-152
-63337-153
-63338-154
-63339-155
Exemption
Minor
Major Devel.
Signn, Devel.
Demolition
COUNTY:
-63160-126
-63170-127
-63180-128
-6319()'129
-6320()'130
-6321()'131
-63220-132
-63230-133
-63240-149
-63450-146
-63235-148
GMP/General
GMP/Detailed
GMP/Final
SUB/General
SUB/Detailed
SU8/Final
All 2 Step Applications
AliI Step Applications
Staff Approval
Board of Adjustment
Zoning Plan Check
REFERRAL FEES:
-63360-143
-63340-163
-63340-190
-63340-205
Engineering - County
Engineering - City
Housing
Environmental Hea~h
00115
00123
00125
PLANNING OFFICE SALES:
-63080-122
-69000-145
County Code
Other (Copy Fees)
1'1<fi,OtJ
'76,00