HomeMy WebLinkAboutcoa.lu.ec.Curton Condominiumization
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CASELOAD SUMMARY SHEET
City of Aspen
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PROJ Eel' NAME:
APPL ICANT:
Applicant dress/Phone:
REPRESENTATIVE':~U~ )}fIr Il
Representative ;cldresyhone: ~(1P' !I/Aut'
Type of Application: /
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CASE NO. ('(9 A )i':;-
STAFF: <::. 6
" DATE RECE IV ED: ll) in.Xc:)
DATE RECEIVED COMPLETE:
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1. GMP/SUBDIV IS ION/PUD (4 step)
Conceptual Submission
____ Preliminary Plat
____ Final Plat
($2,730.00)
($1,640.00)
($ 820.00)
II. SUBDIVISION/PUD (4 step)
Conceptual Submission
____ Preliminary Plat
____ Final Plat
($1,900.00)
($1,220.00)
($ 820.00)
($1,490.00)
($ 680.00)
III. EXCEPI' ION/EXEMPl'ION/REZ ON ING (2 step)
L IV. SPECIAL REV IEW (l step)
____ Speciill Review
____ Use Determination
--7/' Condi titllal Use , ;
---l,.L... Other: rr1V'1lI IAi/MI(l ,:meA....
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P&Z ~ MEETING DATE: 3,-,-",-1:.- L~I PUBLIC HEARING: YES CNOJ
Dl\TE REFERRED: :'ii7Z)::' IN IT IALS: --(;pj;;
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REF~ALS:
~City Atty ____ Aspen Consolo S.D. ____ School District
~ City Engineer Mtn. Bell ____ Rocky Mtn. Nat. Gas
Housing DiL ____ Parks Dept. ____ StateHwy Dept (Glenwd)
Aspen Water ____ Holy Cross Electric ____ StateHwy Dept (Gr.Jtn)
City E;lectric Fire Marshall ____ Bldg: Zoning/Inspectn
Envir. B1th. Fire Chief Other:
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-L City Atty ~ City Engineer +- Building Dept./
Other:
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FILE STATUS AND LOCAT ION:
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Reviewed by:
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AspeJo..t'r.Z
CURiOrv CONDOf>WIi'Ji....dZAiJf)N
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CASE DISPOSITION:
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2.
The applicant shall submit a statement of subdivision
exception through the City Attorney which shall include a
requirement that the units be limited to six month leases
with no more than two tenancies per year.
The Condominiumization Occupancy and Resale Deed Restriction
and Agreement shall be recorded through the City Attorney~s
Office prior to the issuance of a Certificate of Occupancy.
1.
A final plat shall be submitted which~ conforms to the
requirements of Section 20-15 and the ~e~~changes noted in
the Engineering Department memorandum dated June 12, 1985.
-3-~e-f-G,ld-ElYr1:-n<:l e.n C.O!llffi-Brltc: an the plilttiRg:
3.
1.,6'. North arrOl'lS need to be labeled.
t)6. It is unclear from the plat how many bedrooms are in each
un it. The Bu il ding Depa rtment needs to confi rm the number of
bedrooms in order .to verify the correct number of parking spaces
supplied.
Rev i el\
3 t. Identify the adj acent Parcell subdivision name - Herndon
, Subdivision.
Y,t'l. A Title Certificate
'Certificate is suggested.
neering Department.
is also required, and a !,jortgagee's
,Language is available from the Engi-
~
5,/. Please change P & Z and city Council certificates to read:
"....approved on the __ day of ____, 19 Signed this
day of , 1 9_. "
6.1. Indicate access walkway and stairs alongside Unit A as
General Cowmon Element (GCE) in order for Unit B to have access.
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MEMORANDUM
TO: Colette Penne, Planning Office
FROM: Chuck Roth, City Engineering Department ~~
DATE~ February 2, 1984
RE: Curton-Madsen Lot Line Adjustment
-----------------------------------------------------------
Having reviewed the above application, and having made a
site inspection, the Engineering Department has the following
comments:
1. This property has been reviewed and platted on two
previous occasions. There remain a number of matters that
appear to be unresolved.
2. The width of the access is less than required by Sections
20-l7(b) (3) and (6). Both the Fire Marshall and the Water
Department should be contacted for letters commenting on this
subdivision exception. Perhaps the ingressjegress-emergency-
water easement might be widened 4' in the other direction,
on the adjacent property, to meet the Code 20' requirement.
3. Earlier reviews were for a single family residence.
Water supply at that time was questionable. The current
application is for a duplex, so the water s~oply and the
emergency access width may be even more critical than before.
Also, depending on the site location, a new fire hydrant may need
to be installed. This application should be referred to the
Fire Marshall, Water Department, Electric Department and the
Sanitation District for comment.
'~It has been suggested for consideration that the application
~~d plat amendment might be unnecessary if a different ingressj
egress-emergency-utility easement configuration were applied.
Then only a deed would be required. Namely, the lot
configuration of the first amendment could be maintained if.
the easement took an "L" shape around the existing residential
structure.
5. To help avoid confusion, we would like to see the parcel
designations changed for this second amendment to Lot 1 and
Lot 2.
6. A final plat must be submitted which conforms to the
requirements of Section 20-15.
7. The residential structure, driveway, parking spaces, and
other improvements need to be shown.
,
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Page Two
Curton-Madsen Lot Line Adjustment
8. The designation of the 16' water and access easement is
unclear. The water-line easement should also be indicated
on Parcel A. That easement on Parcel A is also called a
parking easement.Dothe owners of Parcel A want someone
parking on the ingress/egress .easement? would the Fire
Marsnall permit parking on the emergency access easement?
9. The second amended plat does not show some of the utility
easements which are on the previous plattings. In order
to remove those easements, letters of release must be obtained
from the appropriate utilities.
lO. The language in the dedication. certificate needs to be
reworked a bit, e.g. two parcels, not three, "rededicate,"
"resubdivide," second amendment, not first.
11. In the subdivision exception agreement statement, the appl-
icants need to consent to join improvement districts in
accordance with current language from the City AttorneY's
office.
CR/co
cc: Jay Hammond, Assistant City Engineer
Louis Buettner, City Surveyor
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MEMORANDUM
TO: Colette Penne, Planning Office
FROM:
Chuck Roth, Engineering Department ~~
DATE: February l6, 1984
.~
RE: Curton-Madsen Lot Line Adjustment
This memo is in response to a request for further information.
l. A topographic map is attached. The entire building site
is at a slope of 64%, plus and minus.
2. The site is within 100 feet of the high water line and
will therefore be subject to stream margin review pursuant
to Sec. 24-6.3 of the Aspen Municipal.
3. The proposed parking would require a large cut in the bank,
resulting in at least a twelve foot high cut. The stability
of such a cut would have to be verified by a registered
professional engineer. Retainage would probably be needed.
This might be an instance where a tied-back retainage structure
would be appropriate.
4. Within the stream margin review criteria, this development
is subject to implementation of the Roaring Fork Greenway
Plan, and this could impose aesthetic/architectural considerations
on the nature of the cut in the bank and any technique of
retainage proposed and the final appearance of all work.
5. Reference to Parcel C should be deleted from the plat.
6. The parking spaces as shown are larger than required. Sec.
24-4.2(a) requires a minimum of B~ feet x IB feet. .
7. Please provide copies for Engineering of fire access and
water supply and sewer service comments.
CR/co
Enclosure
cc: Jay Hammond
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Re: Curton Condominium
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:,pril l~~) 1985
Hr, Jim llilson
Chief Building Official
and Fire Marshal
Pitkin County Building Department
506 East Hain Street
Aspen, CO 81611
Dear Jim:
In order to comply with the requirements of your department and the
subdivision agreement relative to the above condominium we would
propose to do the following in connection with revegetat'fon:-
I, Remove cobbles greater than 10 inches in diameter from the
area excavated (I will personally be doing this evenings and weekends
so I would like to have 60 days after C.O. in which to complete this
work) ;
2, Spread topsoil in that area and then spray mulch the same
area tlith nati.ve grasses;
3. Irrigate the areas until germination is achieved.
hould you please indicate your approval of this plan either on the
enclosed copy of this letter or by separate communication, Thank you.
verY't>f"lY yours~ 77;~
:'------..:.;/?<?/ -1 :~.......--'---
'Douglas P. "/::llen
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THE ABOVE PROPOSEll REVEGETATION PLAN IS HEREBY APPROVED.
JIH WILSON
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HE HORANDUll
FROll:
Jim Wilson, Chief Building Official
Jay Hammond, City Engineer *
Hay 6, 1985
TO:
DATE:
P.E:
Curton Condoninium Landscaping
___._ _ ___ _ __ ...._~_.___ _____ __ __._ _H_'_. ._.___...__._ .~_, n. _ __ _ _ - - -- - - -. - -- - - - -- - - - -. _.~ -- -. - --. -- -. .-. ---
---------------...---.---------.----.--------- -'- - -- -- -.-.- -, -- - -- - -_._.~ - -- - -- - --- -- - - --
I!aving reviewed the attached letter from Doug Allen regarding
proposed revegetation of the hillside adjacent to the Curton
duplex I \lOuld offer the follo\'1i:1Cj comnents:
1. Item 1 should probably be reviseu to indicate that all loose
surface cobble is to be removed, not just those over lO inches.
Loose material that has accumulateG on the lO\ler slope or material
that threatens to migrate down the slope should be removed down
. to about a 5 inch diameter.
2. There has still been no effort to place fencing across the
lower slope to prevent material from rolling into the roadl'1ays.
We remain concerned that this site poses a hazard to the roads
beloH. -
3. It \'/ould appear that there has been considerable settlement
on the hillside in the area of the se\~er service. This portion
of the slope should also be restored to grade as part of the
letter agreement.
Pending cor.1pliance with the rema~n~ng items in my memo to Patsy
Newbury of April 5, 1985, I would recommend the project remain on
hold.
JH/co/CurtonCondoLandscaping
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May 21, 1985
Mr. Alan Richman
Acting Planning Director
City of Aspen Planning Office
130 S. Galena Street
Aspen, CO 81611
Re: Condominiumization of duplex constructed
on Parcel 2, Herndon Subdivision
Dear Alan:
Enclosed is the Land Use Application form, together with my check in
the amount of $680.00, as well as three blueline copies of the
two-page condominium plat for the above. I think you will recall that
this duplex was allowed City Council action taken at their June 27,
1983 meeting providing that one of the units be restricted to
Middle-income Price and Occupancy Guidelines for 1982.
We would now like to process the condominiumization of this duplex.
The subdivision improvement agreement for the Herndon Subdivision
required by Council has previously been approved by the City
Attorney's office and recorded in Book 471 at Page 277 in the office
of the Clerk and Recorder. This application is made pursuant to City
Code and the requirements for a condominium plat under the Subdivision
Exception procedure as outlined in Jay Hammond's memo of July 11, 1980
to Sunny Vann.
/:)UlY your~m
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DOUgla~llen ~
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Enclosures
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CITY OF'ASPEN
130 south galena street
aspen, colorado 81611
303-925 -2020
LAND USE APPLICATION FORM
DATE SUBMITTED MRY? 1. 1985
FEES
$680.00
NAME
DONNA LEE CURTON TRUST
ADDRESS
c/o Douglas P. Allen, 530 East Main Street; First Floor, Aspen, CO 81611
PHONE
925-8800
NAJoIE OF PROJECT
CURrON CONDOMINIUMS
PRESENT ZONING
R-6
-'
LOT SIZE
? 1 q,n J=;ql1Arp.: feet
LOCATION
935-939 West Francis,
(indicate street address
description. A vicinit
Aspen, Colorado (See attached Condominium Plat)
lot and block number. May require legal
map is very useful.)
CURRENT BUILD-OUT
3,720
sq. ft.
2
units
3,720
sq. ft.
2
units
PROPOSED BUILD-OUT
DESCRIPTION OF EXISTING USES
never used, new construction'pending issuance of
certificate of occupancy.
DESCRIPTION OF LAND USE PROPOSAL ~"hiliviRim1 into two condominiums units.
TYPE OF APPLICATION
APPLICABLE CODE SECTION (S)
Section 20
PLAT AMENDMENT REQUIRED
YES
. ,__NO
DATE PRE-APPLICATION CONFERENCE COMPLETED - Mav 21. 1985
ATTACHMENTS: 1.
All applican'ts must 'supply PrOOT 'm :OWnership in the form of a
title insurance commitm~'~ or statement.xrom an attorney indicating
,that he/she has research~d the title an~ verifies that the applicant
is the owner of the prop' ny (free of ' lien", and eucumbrances.)
2. If the process requires ,. public hearing, a Property Owner's List
must be supplied which g 'es all. owners within 300 feet in all
directions in some cases and adjacent owners in some cases.
3. Number of copies required (by code and/or in pre-application
conference. )
4.
Plat by Registered Surveyor
x
Yes
No
~
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MEMORANDUH
FROM:
StevE Burstein, Planning Office
JUN - 4 is;;.
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Cl'O :
;;:(:ity Attoney
/" City F.ngir.eel
FE:
Curton Condominiumization
DATE:
May 29, 1985
========~~=~:~~~~~::=~~~~~==:~~====================~~=~=~r~=:=.:~~=:==
Attached for your review is an application submitted by Doug Allen on
behalf of his client Donna Lee Curton, requesting approval for the
condominiumization of the Curton duplex located at 935-939 "'est
Francis in Aspen. Please review this material and return your
referral comments to the Planning Office no later than June 10, 1985,
in order for this office to have adequate time to prepare for its
presentation before the Aspen City Council on June 24th.
Thank you.
~C'
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--
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MEMORARDUM
XI
TO:
Aspen City Council
Hal Schilling, City Manage~
Steve Burstein, Planning Office
TBRU:
FROM:
~
RE:
Curton Condominiumization
DATE:
June 24, 1985
======================================================================
LOCATION:
division.
935-939 West Francis Street, Parcel Two, Herndon Sub-
ZONIR;: R-6.
SUMMARY: The Planning Office recommends approval of this condominium-
ization with three conditions stated below.
APPLICANT'S REQUEST: The applicant requests to replat the recently
built duplex into two condominium units.
PREVIOUS COUNCIL AND PLANNING COMMISSION ACTION: Parcel Two was
formed by a lot split in 1980, known as the Herndon Subdivision. This
lot was created with the provision that it be restricted to a single
family residence. In 1983 an exemption was granted from the growth
management allotment procedures for the construction of a deed
restricted employee unit as the second unit of a duplex. Council's
approval on June 27, 1983 included the following conditions:
1. The unit be restricted to the middle income price and
occupancy guidelines for 1982.
2. The unit be offered either for sale or for rent provided
that if the unit is rented, it not be for less than a one
year period.
3. The applicant be allowed to select her tenant if for rent or
purchaser if for sale, provided that all tenants or purchas-
ers be qualified by the Housing Office prior to their
occupancy.
4. Deed restriction be recorded through the City Attorney's
Office.
It should be noted that the approval was for a duplex unit that could
be rented under the conditions above, but not be sold without condomi-
niumiz ation.
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MEHORANDUH
To: Steve Burstein, Planning Office
From: Chuck Roth, Assistant City Engineer e 1C.-..
Date: June 12, 1985
. ..
Re: Curton Condominiumization
------------------------------------------------------
Having reviewed the above application, the Engineering Department
has the following comments:
1. Comment (2) of this department's memo of February 16, 1984,
was not responded to. This development was/is subject to stream
margin review. The most salient element of that review which
would ,pertain to the project is Section 24-6.3(c) (3) which
requires compliance with and implementation of the Roaring Fork
Greenway Plan. This project clearly has not as yet complied with
this stream margin review criterion.
2. Also, comment (2) of February 2, 1984, and comment (7) of
February 16, 1984, have not been responded to. Specifically, we
do not yet have the 20 foot emergency access required by Section
20-l7(b)(6). Did the fire marshall not require this?
3. The following are comments on the platting:
a. North arrows need to be labeled.
b. It is unclear from the plat how many bedrooms are in each
unit. The Building Department needs to confirm the number of
bedrooms in order .to verify the correct number of parking spaces
supplied.
c. Identify the adj acent Parcell subdivision name - Herndon
Subdivision.
d. A Title Certificate
Certificate is suggested.
neering Department.
is also required, and a Mortgagee I s
,Language is available from the Engi-
e. Please change P & Z and City Council certificates to read:
"....approved on the ___ day of ____, 19 Signed this
day of , 19_."
f. Indicate access walkway and stairs alongside Unit A as
General Common Element (GCE) in order for Unit B to have access.
g. As to the allocation of the parking spaces, in the public
'"
Page 2
Curton Condominiumization
June 12, 1985
interest and equitable treatment of the property owners, the
Engineering Department would like each unit owner to be assigned
a "near" space and a "far" space, and futher that the nearest
"near" .~nd nearest "far" spaces be assigned to the furtherest
un it, un i t "B".
ec: Building Department
CR/cr/curton.condo
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MEMORANDUM
,... "
TO:
Hal Schilling, City
FROM:
Chuck Roth, Assistant City
DATE:
June 24, 1985
RE:
Shiney, Galvanized Metal Roofs
--------------------------------------------------
--------------------------------------------------
r was interested to see in Steve Burstein's memo to Council
June 24 re Curton Condominiumization, on page two, the comment
the metal roof.
It has been brought to the attention of the Planning Office by
members of the Planning Commission and the public that the
present metal roof of the Curton Duplex creates a glare visible
from the Castle Creek Bridge. Although this matter cannot
properly be a subject to condominiumization approval, _it would
be very much "pprpC!iated if the a;>;>licant would paint the roof
-using an earth toned color.
When I was investigating geologic hazards on the face of Aspen
Mountain with Jim Blanning, I noticed that there was terrible
glare from such metal roofs, which included City Hall and St.
Mary's. The glare was hard on the eyes and would not enhance any
photographs from up there.
Perhaps there should be an ordinance to prohibit such roofs in town.
CR/co/MetalRoofs
cc: Jim Wilson
Planning and Zoning Commission
Steve Burstein, Planning Office
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ME IDRANDU M
DATE: July 8, 1986
TO: City Clerk
FRCM: City Attorney
RE: Curton O:>ndominiums
Attached for execution by the Mayor please find the Statement of
Except ion for the Curton Condom ini lIllS. D:J ug Allen will ret urn the
Declaration of O:>venants to you after his client has signed it.
PJT/mc
Attachment
MEMORANDUM
TO:
THRU:
Aspen City Council ~
Hal SChilling, City Manage~
Steve Burstein, Planning Office ~
FROM:
SUBJECT:
Roofing on Curton Duplex
DATE:
July 9, 1985
=====================================================================
The Planning and Zoning Commission unanimously passed the attached
Resolution No. 85-14 finding the Curton Duplex metal roof a nuisance
and recommending City Council action. Planning Commissioner White
would like to present this resolution to City Council at the July 22nd
meeting during your citizen participation section.
On June 24, 1985 City Council approved condominiumization of the
Curton Duplex. The Planning Office memorandum stated that it has been
brought to the attention of the Planning Office by members of the
Planning Commission and the public that the present metal roof of the
Curton Duplex creates a glare visible from the Castle Creek Bridge.
Although we noted that this matter cannot properly be a subject of
condominiumization approval, we also stated that it would be very much
appreciated if the applicant would paint the roof using an earth toned
color. The matter was not acted on.
The applicants' representative, Doug Allen, has defended the right of
Donna Curton to place the roofing material on the structure, however,
Ms. CUrton has been unavailable to discuss whether she would be
willing to paint or replace the roof.
CITY ~~ A~~_EN .A...
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STATEMENT OF EXCEPI'ION FROM THE FULL SUBDIVISION PROCESS FOR THE
PURPOSE OF CONDCMINHMIZATION FOR THE CURTON CONDCMINIUMS
WHEREAS, the Donna Lee Curton Trust (hereinafer "Applicants")
are the owners of a parcel of real property in the City of Aspen,
Pitkin County, Colorado, described as follows; and
WHEREAS, pursuant to an application dated May 21, 1985,
appl ication and the representations set forth therein, Appl icants
requested an exception fran the full subdivision process for the
pur]X)se of condominiumizing the dwell ing s to be constructed on the
subject property to be known as the Curton Condominiums; and
WHEREAS, the Aspen Planning and Zoning Commission at its
meeting held May 17, 1983, determined that such exception W)uld be
appropriate and recomended that the same be granted, subj ect,
however, to certain conditions; and
WHEREAS, the City Council determined at its regular meeting
held June 27, 1983, that such exception was appropriate and
granted the same, subject, however, to certain conditions as set
for th below;
NCM, THEREFORE, the City Council of the City of Aspen, Colo-
rado, does hereby determine that the appl ication for exception
from the full subdivision process for the pur]X)se of condominiumi-
zation of the above-described property is proper and hereby
9 ranted an ex cept ion from the full subd iv ision process for such
condominiumization, PROVIDED, HONEVER, that the foregoing excep-
tion is expressly conditioned u]X)n:
(1) The Applicant's recording with the Pitkin County Clerk
and Recorder, contemporaneously herewith, that certain "Declara-
tion of Covenants, Restrictions and Conditions" for the Curton
CondominilJl\s dated July .____, 1986, and
(2) The Appl icant' s strict compl iance with the prov isions
contained therein and all other binding conditions of approval on
this matter set by the Planning and zoning Commission and/or the
City Council, for itself, its successors and assigns.
Dated this /~day of __~-------'
~'SfIc{'
1986.
.
APPROVED AS TO FORM:
Paul ~~addune~-City-Attorney
I, Kathryn S. Koch, do hereby certify that the foregoing
Statement of Exception from the Full Subdivision Process for the
purposes of condominiumization of the Curton Condominiums, a
condomini \.Ill, was considered and approved by the City Council at
its regular meeting held , at which
time the Mayor, William L~tirli;:;g;-was-authorIzerto executed
the same on behal f of the City of Aspen.
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Kathryn Koch, City Clerk
108
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MEMORANDUM
111r
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THRU:
Aspen City Council
Hal Schilling, City
~+-
Manager ~
'1'0:
FF.OM:
Steve Burstein
F.E:
Roofing on Curton Duplex
DATE:
August 12, 1985
========~===~~~=~==~====================,~~r~~=~:=====================
The Planning and Zoning Conlndssion vl1al1imovsly passed the attached
F.esolution No. 85-14 finding the Curton Duplex metal roof a nuisance
and recommending City CovndJ action. Planning Commissioner White
presented this resolution to City Council at the July 22nd meeting
during your citizen participation section, and Council asked that it
be put on tonight's agenda so that it could be acted upon.
On June 24, 1985 City Council approved condominiumization of the
Curton Duplex. The Planning Office memorandum stated that it has been
brought to the attention of the Planning Office by members of the
Planning Commission and the public that the present metal roof of the
Curt on Duplex creates a glare visible from the Castle Creek Bridge.
Although we noted that this matter cannot properly be a subject of
condominiumization approval, we also stated that it would be very much
appreciated if the applicant would paint the roof using an earth toned
color. The matter was not acted on.
The owners representative, Doug Allen, has defended the right of Donna
Curt on to place the roofing material on the structure; however, he and
Mrs. Curton have indicated a willingness to alleviate the problem.
Mr. Allen has noted that galvanized roofs lose much of their shine
after weathering for a few years, and an acid treatment has been
initially identified to accelerate the aging process. The owner
requests 45 days to further investigate this treatment process and
report to t.he Planning Office wbether or not it works. It was also
noted that the most glare comes from the ridge cap and, if necessary,
tbis covltl t,e painted.
8B.l
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RESOLOTIOOF THE ASPEN PLANNIffi AND ZONI>""'''ICOMMISSION
""""
RECOMMENDIffi THE ASPEN CITY COUNCIL TO DIRECT TIlE
BOILDIffi DEPARTMENT TO NOTIFY THE CURTON DUPLEX OWNERS
OF THE OFFENSIVE ROOFIffi AND REQUIRIffi THE CORTON DUPLEX
OWNERS TO RECTIFY THE SITUATION
Resolution No. B5-~
WHEREAS, the Curton Duplex, 935-939 West Francis street, is
located within 350 feet of the Castle Creek Bridge on the hillside and
is visible from this heavily trave11ed bridge; and
WHEREAS, the present metal r< f of the Curton Duplex creates a
.'
glare visible from the Castle Creek Bridge; and
WHEREAS, the glare is a safety hazard to passing motorists,
bicyclists and pedestrians; and
WHEREAS, many residents of Aspen and visitors to Aspen have
complained about this unsightly and offensive roof found in a beauti-
ful setting; and
WHEREAS, the metal roof is an eye sore as it is discordant with
the natural hillside vegetation as well as with the building materialS
of the residential neighborhood of which the Curton Duplex is a part;
and
WHEREAS, the metal roof constitutes a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the Aspen planning and Zoning
Commission that it does hereby recommend that the Aspen City Council
direct the Building Department to hotify the property owners of the
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Curton Duplex of this offense an. require appropriate actions to
rectify the situation, such as painting the roof an earth toned color
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or replacing the galvanized roofing with a non-reflective, earth
toned roofing material.
APPROVED by the Commiss ion at its regular meeting on July 2,
1985.
ASPEN PLANNING AND ZONING
COMMISSION
1/;-
ATTEST'
~1:U IA } I e./{l/ tc
Kim Wilhoit, Deputy city Clerk
5B.12
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MEMORANDUM.
THEU:
AEpen City Council
Hal Schillir'g, City Manager ,*
'}'C:
FFon:
Steve Burr<teir;
FE:
Roofing on Curton Duplex
['f,_T[;
}\_ugust 12, 1985
=:::==:.:::::.::::.:::;=c';::-:: :-::C::.: ::C::::.:::' =::::-: ==:::::::c::.::::.=-:::::::' :::.-:-:::.::::::-:::::-::: ~=,=:::=:':::-.::O:-: =:-c:. ::::===:-.
Trle Flanning clne1 Zordns Ce,riir"jf,f-icl' u.,<,rdmcl'f,li' l:,:f,flee, the at.tached
Feso] uti on "'0. 85-l4 finding the Curton Duple>: n,etal roof a nuisance
onc1 recon,n,enclir'9 City COliPC:j) octic,/'. Florlni/:g (m:nd r<sioner vihite
presented this resolution to City Council at the July 22nd meeting
during your citizen porticipation section, and Council asked tho.t it
be put on tonight's agenda so that it could be acted upon.
On June 24, 1985 City Council approved condominiumiz ation of the
Curt on Duplex. The Planning Office memorandum stated that it has been
brought to the attention of the Planning Office by members of the
Planning Commission and the public that the present metal roof of the
Curton Duplex creates a glare -' 'hIe from the CastlE' Creek Brioge.
l\lt,hough we noted tbot. thilS n",cc<=r cannot properly. be:a subject of
condominiumization approval, we also stated that it'would be very much
appreciated if the applicant would paint the roof using an earth toned
color. The matter was not acted on.
The owners representative, Doug Allen, has defended the right of Donna
Curton to place t.he roofing material on the structure; bowE'ver, be and
Nrs. Curton have indicated a willingness to alleviate the problem.
!Cr. AllE'Ti ho.1S Ti(,tec' tl-'ct Si:]vordzed roofs lose much of their shine
after weathering for a. few years, and an acid treatment has been
initially identified to accelerate the aging process. The owner
requests 45 days to further investigate this treatment process and
report. to t_hl' Flopr:ing Office whetber or not it. works. It was also
potea that the most glole cones from the ridge cap and, if necess8ry,
tld S ((ll']e] I c' pcdnted.
SB.l
N D A,i'J;;I~ T. re~ '(; j, l i "
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RESOLUTION OF THE ASPEN PLANNHI; AND ZONIlI; COMMISSION
RECOMMENDING THE ASPEN CITY COUNCIL TO DIRECT THE
BUILDING DEPARTMENT TO NOTIFY THE CURTON DUPLEX OWNERS
OF THE OFFENSIVE ROOFING AND REQUIRING THE CURTON DUPLEX
OWNERS TO RECTIFY THE SITUATION
Resolution No. 85-~
WHEREAS, the Curton Duplex, 935-939 West Francis Street, is
located within 350 feet ~f the Castle Creek Bridge on the hillside and
is visible from this heavily travelled bridge: and
WHEREAS, the present metal roof of the Curton Duplex creates a
glare visible from the Castle Creek Bridge: and
WHEREAS, the glare is a safety haz ard to passing motorists,
bicyclists and pedestrians: and
WHEREAS, many residents of Aspen and visitors to Aspen have
complained about this unsightly and offensive roof found in a beauti-
ful setting: and
WHEREAS, the metal roof is an eye sore as it is discordant with
the natural hillside vegetation as well as with the building materials
of the residential neighborhood of which the Curton Duplex is a part:
and
WHEREAS, the metal roof constitutes a public nuisance.
NOW, THEREFORE, BE IT RESOLVED by the Aspen Planning and Zoning
Commission that it does hereby recommend that the Aspen City Council
direct the Building Department to notify the property owners of the
curton Duplex of this offense and require appropriate actions to
rectify the situation, such as painting the roof an earth toned color
or replacing the galvanized roofing with a non-reflective, earth
toned roofing material.
APPROI7ED by the Commission at its regular meeting on July 2,
1985.
ASPEN PLANNING AND ZONING
COMMISSION
&c;-
ATTEST. .
~~~ LL)" _d~< ~
Kim Wilhoit, Deputy City Clerk
SB.12
On March 20, 1984, City Council approved a lot-line adjustment for the
purpose of the formation of an east-west lot alignment. A series of
conditions was attached regarding the plat submitted, water line
connection, and the suitability of the land for the construction
proposed. The Planning and Zoning Commission granted a requested
parking exemption.
BACBCROUND: The duplex is located at the end of West Francis Street
on the steep hillside descending to Castle Creek. There are single
family residences to the east of and across Francis Street to the
north east of the Curton property. Power Plant Road and an access
easement road (lie at the bottom of the applicants property; to the
south 350 feet is the Castle Creek Bridge.
Secti on 20-22 states the requirements that must be complied with in
condominiumization. Paragraphs (c) and (d) are most relevant to this
proj ect, requiring demonstration "that approval of condominium-
ization will not reduce the supply of low and moderate income housing"
(Section 20-22 (d)).
PROBLEM DISCUSSION: One of the main concerns at this time is that the
unit for sale (Unit 8) be restricted to the price range set by Council
in the approval of an exemption from the GMP on June 27, 1983. A
Condominium Occupancy and Resale Deed Restriction and Agreement has
been drafted by the applicant; and it appears that this document meets
the intent of the City Council's conditions for an exemption. The
Housing Authority has received this agreement and given it a favorable
review. Following up on Council's 6-27-83 conditions, the deed
restrictions must be recorded through the City Attorney's Office.
In a memorandum from the Engineering Office dated June 12, 1985,
several comments were made:
a. The plat submission is deficient in certain areas and should
be corrected as indicated.
b. The Engineering Department recommends that each unit owner
is assigned a "near" parking space and a "far" parking
space, rather than locating Unit A's two parking spaces in
the "far" area, and B's two spaces in the "near" area.
It has been brought to the attention of the Planning Office by members
of the Planning Commission and the public that the present metal roof
of the Curton Duplex creates a glare visible from the Castle Creek
Bridge. Al though this matter cannot properly be a subj ect to condo-
miniumization approval, it would be very must appreciated if the
applicant would paint the roof using an earth toned color.
RECOMMENDATION: The Planning Office recommends that this condominium-
ization be approved by Council subject to the following conditions
listed in the suggested motion. The appropriate motion is:
"I move to approve the requested condominiumization subj ect to
the following conditions:
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1. The applicant shall submit a statement of subdivision
exception through the City Attorney which shall include a
requirement that the units be limited to six month leases
with no more than two tenancies per year.
2. The Condominiumization Occupancy and Resale Deed Restriction
and Agreement shall be recorded through the City Attorney's
Office prior to the issuance of a Certificate of Occupancy.
3. A final plat shall be submitted which conforms to the
requirements of Section 20-15 and the seven changes noted in
the Engineering Department memorandum dated June 12, 1985.
SB.lO
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SB.lO
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2.
The applicant shall submit a statement of subdivision
exception through the City Attorney which shall include a
requirement that the units be limited to six month leases
with no more than two tenancies per year.
The Condominiumization Occupancy and Resale Deed Restriction
and Agreement shall be recorded through the City Attorney',s
Office prior to the issuance of a Certificate of Occupancy.
3.
A final plat shall be submitted which",conforms to the
requirements of Section 20-15 and the ~enXchanges noted in
the Engineering Department memorandum dated June 12, 1985.
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CURTON CONDOMINIUM
OCCUPANCY AND RESALE
DEED RESTRICTION AND AGREEMENT
THIS AGREEMENT made and entered into effective , 1985, by
and between DOUGLAS P. ALLEN of the County of Pitkin, State of Colorado
(hereinafter referred to as Owner) and the HOUSING AUTHORITY OF THE CITY OF
ASPEN AND PITKIN COUNTY, COLORADO (hereinafter referred to as Authority);
WITNESSETH:
WHEREAS, the Owner has purchased Condominium Unit No. B, of the Curton
Condominium according to the plat thereof recorded in Plat Book , Page
, of the records of the Pitkin County Clerk and Recorder (hereinafter
referred to as Unit), and,
WHEREAS, it is acknowledged by the Owner that the Unit is subject .to the
control of the Authority for the purposes of addressing middle income housing
needs of the area.and that the parties hereby wish to insure that on resale, the
Unit is again made available to satisfy the need for middle income housing
within Pitkin County,
NOW, THEREFORE, in consideration of the mutual covenants of the parties
hereto, and other good and valuable consideration, it is agreed and understood
aa follows:
1. In the event that the Owner shall deaire to sell the Unit, which is
described above, or any interest therein, the Owner shall notify the Authority,
in writing, of Owner's intention to do so and deposit with the Authority an
amount equal to one (1%) percent of the estimated value of the Unit. The
Authority shall immediately advertise the Unit for sale by competitive bid
submitted by qualified purchasers (as hereinafter defined). Except as provided
in Paragraph 8 hereof, the Owner may accept any bid, or in the alternative,
reject all bids and retain ownership of the Unit provided that the Owner
continues to occupy the unit as the Owner's sole and exclusive place of
residence. (If the Owner rejects all bids the Authority shall retain the
deposit until the Unit is eventually sold). If the Unit is sold. there will be
an additional fee paid to the Authority of one (1%) percent. An adjustment will
be made at the time of closing, so that the Owner shall ultimately pay to the
Authority two (2%) percent of the actual selting price. In the event of a
partnership, joint tenancy or co-tenancy transfer or transfer in which one Owner
buys the other Owner's interest or a new partnership is created, a fee, as may
be from time to time established by the Authority in its guidelines (but not in
excess of 2% of the value of the interest being sold), shall be paid by the
selling party.
2. Qualified purchasers are those meeting the qualifications of the
Authority, which qualifications shall be established annually by Resolution of
the Authority, taking into consideration length of employment, length of
residency, financial stability, net worth and maximum income and all other
criteria adopted by the Authority reasonably calculated to determine eligibility
for middle income housing and ability to finance the same. In no event shall
any qualified purchasers submit a bid for an amount which would result in the
purchaser assuming obligations in excess of any liability/income ratio
established by the Authority.
3. In no event shall any Unit be sold for an amount in excess of the
total of the following (hereinafter "maximum resale price"):
(a) The maximum square foot purchase price in effect at the time of
sale in accordance with Authority's middle price guidelines and
if none exist at such tliiie.;..t:l1e...own,ir+S-purchase price plus
appreciation equal to an amount equal to six (6%) percent of the
purchase price for each year from the date of purchase to the
date of the notice of intent to sell (pro-rated at the rate of
one-half [.5%] percent for each whole month from the date of
purchase).
(b) The cost of capital improvements made to the Unit, determined by
cost according to methods established in the Authority's 1982
guidelines, plus
~
(c)
The Owner's actual
improvements made to
assessedto the Owner
cost of
the COfTlTIlon
by the Unit
Owner's pro-rata share of capital
elements of the condominium and
Owner's Association, plus
(d)
The Owner's
assessmentR
governmental
ownership.
actual
were
agency
cost of any public improvements for which
imposed by any governmental or quasi-
and which have been paid during the period of
NOTHING HEREIN SHALL BE CONSTRUED TO CONSTITUTE A GUARANTEE BY THE
AUTHORITY THAT ON RESALE THE OWNER SHALL OBTAIN HIS MAXIMUM RESALE PRICE.
RATHER, IT SHALL CONSTITUTE, ONLY, THE MAXIMUM PRICE FOR WHICH THE UNIT MAY BE
SOLD BY OWNER. ----
4. In the event that a bid is received equal to the maximum resale price
herein established, the Unit may be sold to such bidder at said maximum price.
In the event that two or more such bids equal to the maximum resale price are
received, the purchaser shall be selected by Owner. Nothing herein shall be
construed to prevent the Owner from rejecting all bids and retaining ownership
of the Unit provided the Owner continues to occupy the Unit as Owner's sole and
exclusive place of residence.
5. No Owner shall permit any purchaser to assume any or all of the
Owner's customary closing costs nor accept any other consideration so as to
increase the purchase price above the bid price or maximum sale price or so as
to otherwise induce the Owner to sell to. said purchaser.
6. The following transfers of interest in the Unit shall (unless designed
to avoid the provisions of this Agreement) be exempt from the restrictions on
transfer contained herein:
(a) A tranafer by operation of law of a deceased person's interest to
the surviving joint tenant.
(b) A transfer of an interest by will or inheritance.
(c) A transfer by genuine gift without any consideration therefor.
(d) A transfer of an interest to a trustee for the benefit of the
Owner or the Owner's wife or issue.
(e) A transfer of an interest by Treasurer's Deed pursuant to a sale
for delinquent taxes or by a Sheriff's or public or private
Trustee's Deed pursuant to a judgment of execution or foreclosure
sale.
(f) A transfer, either by foreclosure or by deed in lieu of fore-
closure, to a lender holding a deed of trust on the Unit; or
(g) A transfer of an interest to the Unit Owner's Association of the
Condominium by action to enforce the Association's lien for
assessments.
In the event the Unit is transferred in any manner described in Paragraph 7(a)
through (g), the transferee, transferee's grantees or successors in interest,
shall be bound by the terms and conditions of this Agreement notwithstanding the
prior exemption.
7. In the event that any Unit subject to these restrictions is sold and
conveyed without compliance herewith, such sale shall be wholly null and void
and shall confer no title whatsoever upon the intended purchaser provided,
however, that the Owner is entitled to rely on the determination of the
Authority as to the qualifications of a potential purchaser and any sale or
conveyance made in reliance thereon shall be valid. Each and every conveyance
of the Unit shall conclusively be deemed to include and incorporate by this
reference, even without reference hereto, the covenants herein contained.
'"
8. The Owner agrees that, in the event that Owner ceases to utilize the
Unit as Owner's sole and exclusive place of residence, Owner will offer the Unit
for sale pursuant to the provisions of this Agreement. The Owner shall be
deemed to have ceased to use the Unit as Owner's sole and exclusive place of
residence by accepting permanent employment outside of Pitkin County, or
residing in the Unit for fewer than nine (9) months out of any twelve (12)
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months. IN THE EVENT THE OWNER IS REQt11RED TO SELL THE UNIT PURSUANT TO THIS
PARAGRAPH EIGHT, OWNER AGREES TO ACCEPT THE HIGHEST BID [in excess of the
purchase price plus the total of 3(b), (e) and (d)] AND SELL THE UNIT EVEN IF
SAID BID SHALL BE LESS THAN THE MAXIMUM RESALE PRICE PROVIDED FOR IN PARAGRAH
3(a)-(d). In the event no bids are received equal to the Owner's purchase price
the Authority shall continue to offer the Unit for sale until an offer is
received equal to or greater than said purchase price provided in Paragraph
3(b)-(d), and during this period (a) the Authority shall make a good faith
attempt to rent the Unit for a rental equal to the rental formula described in
Paragraph 11, and (b) no ap.predation [as described in Paragraph 3(a)] shall
accrue.
9. In the event that the Housing Authority believes the Owner is
violating the provisions of this Agreement, the Authority by its authorized
representative, msy inspect the Unit between the hours of 8:00 a.m. and 5:00
p.m., Monday through Friday, after providing the Owner with 24 hour advance,
written notice.
10. .Any notice which is required to be given hereunder shall be given my
mailing the same, certified mail, return receipt requested, to any addre.ss
provided herein or given as the current mailing address of the party.
\~
11. During. the time an Owner has offered the Unit for sale or in the event
the Unit continues to be the Owner's sole and exclusive place of residence as
defined in Paragraph 8, but the Owner desires to lease the Unit, Owner may
undertake to do so at a rental not to exceed the Owner's monthly expenses for
the costs of principal and interest payments, taxes, property insurance,
condominium assessments, utilities, plus an additional Twenty ($20.00) Dollars
and a reasonable (refundable) security deposit, to any person or persons
approved by the Authority and Owner as meeting the qualifications for occupancy
of the Unit. Nothing herein shall be construed to require the Authority to
indemnify the Owner against any losses attributable to the rental including, but
not by way of limitation, non-payment of rent or damage to the premises, nor to
require the Authority to obtain a qualified tenant for the Owner in the event
none is found by the Owner.
12. In the event a co-owner who does not meet the ownership qualifications
of the Authority shall have been permitted to acquire an ownership interest in
the Unit solely for the purpose of obtaining financing, said co-owner agrees
that (a) co-owner shall not occupy the Unit or acquire sole ownership of the
same unless or until qualified by the Authority and (b) co-owner will join in
any sale of the Unit whether the same be a voluntary or involuntary (pursuant tn
Paragraph 8) sale of the Unit and execute any and all documents necessary to do
so.
13. The provisions of this Agreement shall be covenants running with the
land, be binding upon the Owner and the Authority, Owner's or Authority's heirs,
successors, and assigns (and be enforceable by any of them) and shall run for
the period of the life of the survivor of the present Board of Commissioners of
the Authority plus tji'enty-one (21) years. If the Owner sells, transfers, or
otherwise relinquishes Owner's ownership interest in the Unit, Owner shall be
relieved of Owner's obligations under this Agreement with respect to such Unit
and these obligations shall be imposed on the person to whom title to the Unit
is transferred.
14.
(without
the Unit
The term Owner as used herein shall
regard to number or gender) or entities
which is the subject of this Agreement.
refer to any and all persons
having an ownership interest in
15. There is hereby reserved to the parties hereto any and all remedies
provided by law or in equity, in the event of a breach of any of the terms of
this Agreement.
16. The Owner acknowledges that Owner has read and fully understands and
accepts the terms and conditions of this Agreement limiting the rental and
resale of the Unit and further acknowledges that Owner is relying upon no oral
representations qualifying or limiting the terms hereof.
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IN WITNESS WHEREOF, the parties hereto have executed this instrument on the
day and year above first written.
DOUGLAS P. ALLEN
Owner
Owner
530 East Main Street. Aspen, CO 81611
(Mailing Address)
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
. 198....;. by
day of
WITNESS MY hand and official seal.
My commission expires:
Notary Public
Address:
ACCEPTANCE BY HOUSING AUTHORITY
The foregoing grant and its terms are accepted by the City of Aspen and
Pitkin County Houaing Authority.
THE ASPEN/PITKIN COUNTY HOUSING
AUTHORITY
By:
(Title)
(Mailing Address)
STATE OF COLORADO )
) ss.
COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this
. 198_. by
day of
WITNESS MY hand and official seal.
My commiasion expires:
Notary Public
Address:
03/REAL2/5.8.85
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DOUGlA ,AllEN - TRUSTEE
FOR CLIENTS
530 EAST MAIN ST. - 1ST FLOOR
ASPEN, COLORADO 81611
00185
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Phone: /l
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Date: ,h -r-9~- ~ I
No, of H'D'u,,: l F\
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
(303) 925-2020
LAND USE APPLICATION FEES
City
00113 . 63721 - 47331 . 52100~ GMP/CONCEPTUAL
63722 . 47332 . 52100 GMP/PRELlMINARY
,
63723 - 47333 . 52100 GMP/FINAL
63724 .47341 . 52100 SUB/CONCEPTUAL
63725 . 47342 . 52100 SUB/PRELIMINARY
63726 .47343 . 52100 SUB/FINAL
63727 . 47350 . 52100 EXCEPT/EXEMPTION
63728 . 47350 . 52100 REZONING
63729 .47360 . 52100 SPECIAL REVIEW
SUB.TOTAL
County
00113 . 63711 .47331 . 52200 GMP/GENERAL
63712 . 47332 . 52200 GMP/OETAILEO
63713 . 47333 . 52200 GMP/FINAL
63714 .47341 . 52200 SUB/GENERAL
63715 . 47342 . 52200 SUB/DETAILED
63716 . 47343 . 52200 SUB/FINAL
63717 . 47350 . 52200 SPECIAL REVIEW
63718 . 47350 . 52200 REZONING
63719 . 47360 . 52200 SPECIAL APPROVAL
SUB.TOTAL
PLANNING OFFICE SALES
00113 . 63061 . 09000 . 52200 COUNTY CODE
63063 . 09000 . 52200 ALMANAC
63062 . 09000 . 00000 GMP
63066 . 09000 . 00000 COpy FEES
63069 . 09000 OTHER
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Namer-llllJ)JlJU! (jJj LA^-- ,.../
Address: 7;A{'l,!':; , V (I JUS. '
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Check Nd. I q r::;- ,
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Additional Billing:
SUB.TOT AL
TOTAL
on f}- - g,gr-
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