HomeMy WebLinkAboutcoa.lu.ec.Fairway Condo Kuhne/Weaver.1981-EC-07
-
No. 3/1/
'":R.ouJeJ 10/0, If I
CASE LOAD SUMMARY SHEET
City of Aspen
1. DATE SUBMITTED: JU.\lf 3. )<1YI STAFF: eliI' #/J/lf'./
2. APPLICANT: ~y 1ClAh ne M1t;( Clio.... Iv . 6- t/)f1J-'1./~vJ JI".
C~ Lzyk1ml h;f! ker.rMl f Jd(,dVfrp','1C" -'lIS ~ Ifyman Auf I ~
3.'REPRESENTATIVE: "":R;~k fle.,\w,3'r. 9;(S-/93&
Caditl./ 'i liedd-, - :~/ t. I/y"!~,, 'Ifuf, ~ ,eM'!b/!
4. PROJECT NAME: -:faIYU} SUbdl/),sib11 f'yft.flI,'#'N (('6;/,/&)
5. LOCATION ,1-d f I; ~J f 1}J~ J" lxi, [; ;.,~, H. ? '/.'U-,-A J
I /O(lalnl_~) elJa~"'r Rei ~) .
6. TYPE OF APPLICATION:
Rezoning X Subdivision
P.U.D. 1Exception
Special Review Exemption
Growth Management 70:30
HPC Residential Bonus
X C(JYI~;" I UmJ ~J;~
-10
____Stream Margin
____8040 Greenline
____View Plane
____Conditional Use
____Other
(}rIy P/3 6'1-1.)
k cf(1l1t ) fj
o /1YI
7. REFERRALS:
X-Attorney
~Engineering Dept.
_Housing
_Water
_City Electric
Sanitation District ____School District
Mountain Bell ____Rocky Mtn. Nat. Gas
Parks State Highway Dept.
Holy Cross Electric _Other
~Fire Marshal/Building Dept.
8. REVIEW REQUIREMENTS:
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.
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9. DISPOSITION:
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Approved
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...()(ICIIOJ
/ Denied
Date
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MEMORANDUM
TO: Aspen City Council
FROM: Colette Penne, Planning Office
RE: Fairway Subdivision Exception (Condominiumization)
DATE:
September 28, 1981
APPROVED AS TO FORM:'
~ ,0' i;
. 0
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7 ' 'HI J c,'-
Filing l~A, 735 Ceme ery Lane
Location:
Lot 1, West Aspen Subdivision,
Lot Size: 14,995 square feet
Zoning: R-15
Applicant's
Request: Subdivision exception for the purposes of condominiumization.
Referral Agency
Comments: City Attorney
The applicant must demonstrate compliance with the require~
ments of Section 20-22.
Engineering Department
"Having reviewed the above application for subdivision
exception and made a site inspection, the Engineering
Department has the following comments:
1. The applicant should be required to revise and resubmit
the Condominium Plat as follows:
a, Include the surveyor's signature and seal.
b. Indicate where fences encroach on adjacent parcels
and rights-of-way.
c, Designate the second floor area as either Unit A or
B.
2, The owner/applicant should be required to join a
sidewalk, curb and gutter improvement district in the
event one is formed."
Buil di ng Department
"An inspection of the subject property was made on August 11,
1981. The following is a summary of Life, Health and Safety
problems that exist:
A) ELECTRICAL
1. Unsafe lighting in three (3) closets
2. Lack of GFI recepticals in two (2) bathrooms and
garage
3. Various ungrounded, open neutral and reversed polarity
recepticals
4. Washing machine not on separate circuit
5. Open wiring and non-secure mounting of various recepticals
and switch boxes
6. No switchable light in dining room and living room
B) BUILDII~G
1, Need step from rear door on north unit
s'.' "
"'-'~,
'-"..I'
Memo: Fairway Subdivision Exception (Condominiumization)
Page Two
September 28, 1981
2. Windows near floor level must be tempered
C) OTHER POSSIBLE PROBLEMS
1. Proper fire separation between units
2. Are sewers separate?
3. There is a kitchen and a lockable door in the basement
of the south unit. II
Planning Office
Review:
Unit A is 2,595.5 square feet and has been occupied by the
owner, Charles Weaver, for at least the past 18 months.
Unit B is 716.4 square feet and has been rented for the
same period of time at the rate of $600/month which places
it outside (in excess) of the current income guidelines for
rent~restricted housing, therefore no rental restrictions
should be placed on either unit. The Building Department
has inspected the property and their comments are included
for your information. Parking is adequate on the site.
Planning Office
Recommendation
and P & Z
Action:
The Planning Office recommends approval for condominiumization
of the Fairway Duplex subject to the following conditions:
1. The recommendations of the Building Department be
compl ied with.
2. The Condominium Plat be revised and resubmitted as per
the Engineering Department request.
3. The owner/applicant be required to join a sidewalk,
curb and gutter improvement district in the event one
is formed.
4. The units shall be restricted to 6 month minimum leases
with no more than two shorter tenancies per year, and
existing tenants shall be given written notice when
their unit is offered for sale as specified in
See, 20-22(a),
Counci 1 Action: If Council agrees with the Pl anning Office recommendation and
the action of the Planning and Zoning Commission, the appro-
priate motion is as follows:
III move to grant subdivision exception for the purposes of
condominiumization of the Fairway Duplex subject to the
following conditions:
1. The recommendations of the Building Department
be complied with.
2. The Condominium Plat be revised and resubmitted as
per the Engineering Department request.
3. The owner/applicant be required to join a sidewalk,
curb and gutter improvement district in the event
one is formed.
4. The units shall be restricted to 6 month minimum
leases with no more than two shorter tenancies per
year, and existing tenants shall be given written
notice when their unit is offered for sale as
specified in Sec. 20-22(a),1I
"
MEMORANDUM
TO: Aspen Planning and Zoning Commission
FROM: Colette Penne, Planning Office
RE: Fairway Subdivision Exception - Condominiumization
DATE: September 8, 1981
Lot Size:
Lot 1, West Aspen Subdivision, Filing l-A, 735 Cemetery Lane
14,995 square feet
Location:
Zoning:
R-15
Referral Agency
Comments:
City Attorney
The applicant must demonstrate compliance with the require-
ments of Section 20-22.
Engineering Department
"Having reviewed the above application for subdivision
exception and made a site inspection, the Engineering
Department has the following comments:
1. The applicant should be required to revise and
resubmit the Condominium Plat as follows:
a. Include the surveyor's signature and seal.
b. Indicate where fences encroach on adjacent parcels
and rights-of-way.
c. Designate the seconm floor area as either Unit A or B.
2. The owner/applicant should be required to join a
sidewalk, curb and gutter improvement district in the
event one is formed."
Building Department
"An inspection of the subject property was made on August 11,
1981. The following is a summary of Life, Health and Safety
problems that exist:
A) ELECTRICAL
1. Unsafe lighting in three (3) closets
2. Lack of GFI recepticals in two (2) bathrooms and
garage
3. Various ungrounded, open neutral and reversed polarity
recepticals
4. Washing machine not on separate circuit
5. Open wiring and non-secure mounting of various
recepticals and switch boxes
6, No switchable light in dining room and living room
B) BUILDING
1. Need step from rear door on north unit
2. Windows near floor level must be tempered
/,,"..'"-..
,...."....
.
,-""
Memo: Fairway Subdivision Exception - Condominiumization
Page Two
September 1, 1981
c) OTHER POSSIBLE PROBLEMS
1. Proper fire separation between units
2. Are sewers separate?
3. There is a kitchen and a lockable door in the basement
of the south unit."
Planning Office
Recommendation:
Unit A is 2,595.5 square feet and has been occupied by the
owner, Charles Weaver, for at least the past 18 months.
Unit B is 716.4 square feet and has been rented for the
same period of time at the rate of $600/month which places
it outside (in excess) of the current income guidelines for
rent-restricted housing, therefore no rental restrictions
should be placed on either unit. The Building Department
has inspected the property and their comments are included
for your information. Parking is adequate on the site.
The Planning Office recommends approval for condominiumiza-
tion of the Fairway Duplex subject to the following conditions:
1. The recommendations of the Building Department be
complied with.
Planning Office
Review:
2. The Condominium Plat be revised and resubmitted as per
the Engineering Department request.
3. The owner/applicant be required to join a sidewalk,
curb and gutter improvement district in the event one
is formed.
4. The units shall be restricted to 6 month minimum leases
with no more than two shorter tenancies per year, and
existing tenants shall be given written notice when
their unit is offered for sale as specified in
Sec. 20-22(a).
" s
H[J':C! i,~t\i~ !.iUi\'i
TO: {lspeo rl~nning and Zor,ing CO::,:I':"SI0:1
FROM: Colette renne, Planning Office
I~E: Fain'-i\1Y Subdivisior: E):ccpt-iull ." Condc'lJi'irlt:r;\zat'i.Qn
DfdE: tlugust 18, '1931
-----'- ._---_.~~----------,---_.._~-----~_.._._-_._-----~---,----------
LOCi} t -10\1:
Lot 1, \~est flspen Subd"ivi si on, Fil i ng l-t" 735 Cemetery Lane
Let S'ize:
14,995 square feet
ZOll"ing:
R-15
Refprra'! I\gency
Comments:
~_iiLLtto rn~y
The applicant must demonstrate compliance with the require-
ments of Section 20-22.
Eng'ine2tino Derlart"lcnt
______--"~_:::.1:..':_______
"Having reviewed the above application for subdivision
exception and made a site inspection, the Engineering
Department has the foll evti ng COi01il1ents:
1. The applicant should be required to revise and
resubmit the Condomi n i um Pl at as fo 11 ows:
a. Include the surveyor's signature and seal.
b. Indicate where fences encroach on adjacent parcels
and rights-of-way.
c. Designate the second floor area as either Unit A or B,
2. The owner/applicant should be required to join a
sidewalk, curb and gutter improvement district in the
event one is formed."
!3.uild.jJ..I9~artment
"An inspection of the subject property was made on August 11,
1981. The follm,ling is a summary of Life, Health and Safety
problems that exist:
A) IU:CTI<ICAl-=-
1. Unsafe lighting in three (3) closets
2. Lack of GFI recepticals in two (2) bathrooms and
garage
3, Vc.rious ungrounded, open neutral and reversed polarity
recepticuls
4. ,!aslii n~J machi ne not on separate ci rcuit
5. Open wiring and non-~ecure mounting of various
rccept-j Ct;,l S ond S\'l1 tel: boxes
6, I~o sVlitdlablc light in dinh'9 room and living room
s) Pl;TLUINCl
1. Nec:cJ st~p f}~0:n ~-'()r:~~ dr.nr' nn nOl~th Im'it
2. t~irjd()\,1s nr~dr floot 'lE'v(~l Ii'jUSt lIe temppn--:d
.
, "
.. ,./
r\';crln: Fa'in'J..:I.Y Subdiv-ision EXCt'ptiOt-1 - COLd(x:riniu:niza-L"ion
Page hlo
August, 1,1, 1981
C) aTI iLR PO~;~; 1 U:. L PFzOB1,~~:HS
--~--- ..---- .__._--_.__._-----~. ,-
1. Prop~r fire separatiun between units
2. Are SCHeY'S sepal'ut2?
3. There is a k itellen and " 1 ockab 1 e door in the basement
of thr: south unit.I'
Plannino Office
Review:
Unit f\ is 2,595.5 square feet and has been occupied by the
owner, Charles Weaver, for at least the past 18 months.
Unit B is 716.4 square feet and has been rented for the
same I,eriod of time at the l'v.te of $600jmonth which places
it outside (in excess) of the current income guidelines for
rent-restricted housing, therefore no rental restrictions
should be placed on either unit. The Building Department
has inspected the property and their comments are included
for your informat"ion. Parking is adequate on the site.
Planning Office
Recommend"tion:
The 1'1 "nni ng Offi ce recommends approval for condomi n i IJmi za-
tion of the Fa.in,ay Duplex subject to the follovling conditions:
1. The recommendations of the Building Department be
compl i ed I.ri th.
2. The Condominium Plat be revised and resubmitted as per
the Engineeririg Department request.
3. The o'..merjapplicant be required to join a sidevlalk,
curb and gutter improvement district in the event one
is formed.
4. The units shall be restricted to G month mlnlmum leases
with no more than two shorter tenancies per year, and
existing tenants shall be given written notice when
their unit i~ offered for sale as specified in
Sec. 20-22(a).
o
GARFIELD & HECHT
o
CRAIG N. BLOCKWICK
K. ROULHAC GARN
RICHARD Y. NEILEY. JR.
SPENCER F. SCHIFFER
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN, COLORADO 81611
July 2, 1981
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
CABLE ADDRESS
"GARHEC"
RONALD GARFIELD
ANDREW V. HECHT
Planning & Zoning commission
City of Aspen
130 South Galena
Aspen, Colorado 81611
Dear Members:
This is an application by Jay R. Kuhne and Charles
G. Weaver, Jr. whose address is c/o Ingham, Dickerson & Weaver,
Inc. 415 East Hyman Avenue, Aspen, Colorado 81611, pursuant to
~20-19 of the Municipal Code of the City of Aspen, as amended,
for an exception from the definition of the term "subdivision"
for the condominiumization of a duplex located in Aspen, Colorado.
The applicants submit that since this is merely a sub-
division of an existing duplex, to require that they proceed
through the entire subdivision procedure would deprive them of
the reasonable use of their land. Furthermore, the applicants
submit that exception is necessary for the preservation and enjoy-
ment of their substantial property right. Finally, since this is
merely a subdividing of an existing structure, there will be
absolutely no increase in density as a result of the granting of
this exception and therefore the granting of the exception would
not be detrimental to the public welfare or injurious to other
property in the area.
One of the units in the duplex has, for in excess of
the past 18 months been occupied by applicant Weaver, and there-
fore no rental has been charged for this unit. For the past 18
months, the amount of rental charged for the other unit has been
in excess of the current guidelines established for low and moder-
ate income housing; thus no decrease in the amount of such housing
would result from conversion.
The applicants submit that due to the prior history of
the units, no detrimental change in use or occupancy of the units
would result from conversion. Furthermore, the applicants submit
that the requirements of ~20-20 of the Municipal Code of the city
of Aspen will be complied with where ever applicable. Therefore,
approval of this application is respectfully requested.
:~erY :;:l:n;:u~rs,
v UiaJrYL
ichard Y. N ley, Jr.
for applican s Jay R.
and Charles Weaver
Land Use Data Sheet
NAME: Jay R. Kuhne & Charles G. Weaver, Jr.
ADDRESS: c/o Ingham, Dickerson & Weaver, 415 East Hyman, Aspen,
Colorado 81611 and c/o Richard Y. Neiley, Jr., Garfield
& Hecht, 601 East Hyman Avenue, Aspen, Colorado 81611
PHONE: 925-4044 - Ingham, Dickerson & Weaver
925-1936 - Garfield & Hecht
NAME OF PROJECT: Fairway Condominiums
TOTAL AREA: Approximately 14,995 square feet
EXISTING USE: Multi-family; duplex
PROPOSED USE: Multi-family; condominiums
Approximate square
footage of each:
unit A (owner occupied) 2,595.5; Unit B
(rented, $600.00 per month) 716.4 sq. feet
PRESENT ZONING OF SITE: R-15
DESCRIPTION OF LAND USE PROPOSAL: Applicants seek an exception from
subdivision to condominiumize the existing duplex located on County
Road 19, Aspen, Colorado. condominiums will not change the present
use of the units nor will it reduce the amount of low, moderate or
middle income housing available in the Aspen area.
LEGAL DESCRIPTION: Lot 1, West Aspen Subdivision, Filing I-A,
city of Aspen, pitkin County, Colorado
TO BE COMPLETED BY THE PLANNING OFFICE
TYPE OF APPLICATION:
REZONING
SUBDIVISION
P.U.D.
EXEMPTION
SPECIAL REVIEW
35-acre +
SUBDIVISION
BUILDING PER1HT
REVIEW
DETAILED SUBMISSION
COMPLETED
DATE
DATE
DATE
DATE
DATE
REVIEW PHASE:
PRE-APPLICATION
GENERAL SUBMISSION
DATE
P.C. ACTION
BOARD ACTION
P.C. ACTION
BOARD ACTION
BOARD ACTION
FINAL PLAT
~
GARFIELD & HECHT
RONALD GARFIELD
ANDREW V. HECHT
ATTORNEYS AT LAW
VICTORIAN SQUARE BUILDING
601 EAST HYMAN AVENUE
ASPEN. COLORADO 8161 I
CRAIG N. BLOCKWICK
K. ROULHAC GARN
RICHARD Y. NEILEY. JR.
SPENCER F. SCHIFFER
July 2, 1981
TELEPHONE
(303) 925-1936
TELECOPIER
(303) 925-3008
CABLE ADDRESS
"GARHEC"
Planning & Zoning Commission
City of Aspen
130 South Galena
Aspen, Colorado 81611
Dear Members:
This is an application by Jay R. Kuhne and Charles
G. Weaver, Jr. whose address is c/o Ingham, Dickerson & Weaver,
Inc. 415 East Hyman Avenue, Aspen, Colorado 81611, pursuant to
S20-l9 of the Municipal Code of the City of Aspen, as amended,
for an exception from the definition of the term "subdivision"
for the condominiumization of a duplex located in Aspen, Colorado.
The applicants submit that since this is merely a sub-
division of an existing duplex, to require that they proceed
through the entire subdivision procedure would deprive them of
the reasonable use of their land. Furthermore, the applicants
submit that exception is necessary for the preservation and enjoy-
ment of their substantial property right. Finally, since this is
merely a subdividing of an existing structure, there will be
absolutely no increase in density as a result of the granting of
this exception and therefore the granting of the exception would
not be detrimental to the public welfare or injurious to other
property in the area.
One of the units in the duplex has, for in excess of
the past 18 months been occupied by applicant Weaver, and there-
fore no rental has been charged for this unit. For the past 18
months, the amount of rental charged for the other unit has been
in excess of the current guidelines established for low and moder-
ate income housing; thus no decrease in the amount of such housing
would result from conversion.
The applicants submit that due to the prior history of
the units, no detrimental change in use or occupancy of the units
would result from conversion. Furthermore, the applicants submit
that the requirements of S20-20 of the Municipal Code of the City
of Aspen will be complied with where ever applicable. Therefore,
approval of this application is respectfully requested.
v~:rY ;;:l:~::~ur; j
~ Lf.iUrJA V L
ichard Y. N -ley, Jr.
for applican s Jay R.
and Charles Weaver
,
Land Use Data Sheet
NAME: Jay R. Kuhne & Charles G. Weaver, Jr.
ADDRESS: c/o Ingham, Dickerson & Weaver, 415 East Hyman, Aspen,
Colorado 81611 and c/o Richard Y. Neiley, Jr., Garfield
& Hecht, 601 East Hyman Avenue, Aspen, Colorado 81611
PHONE: 925-4044 - Ingham, Dickerson & Weaver
925-1936 - Garfield & Hecht
NAME OF PROJECT: Fairway Condominiums
TOTAL AREA: Approximately 14,995 square feet
EXISTING USE: Multi-family; duplex
PROPOSED USE: Multi-family; condominiums
Approximate square
footage of each:
Unit A (owner occupied) 2,595.5; Unit B
(rented, $600.00 per month) 716.4 sq. feet
PRESENT ZONING OF SITE: R-15
DESCRIPTION OF LAND USE PROPOSAL: Applicants seek an exception from
subdivision to condominiumize the existing duplex located on County
Road 19, Aspen, Colorado. Condominiums will not change the present
use of the units nor will it reduce the amount of low, moderate or
middle income housing available in the Aspen area.
LEGAL DESCRIPTION: Lot 1, West Aspen Subdivision, Filing l-A,
city of Aspen, Pitkin county, Colorado
TO BE COMPLETED BY THE PLANNING OFFICE
TYPE OF APPLICATION:
REZONING
SUBDIVISION
P.U.D.
EXEMPTION
SPECIAL REVIEW
35-acre +
SUBDIVISION
BUILDING PERl1IT
REVIEW
REVIEW PHASE:
PRE-APPLICATION
GENERAL SUBMISSION
DATE
P.C. ACTION
BOARD ACTION
P.C. ACTION
BOARD ACTION
BOARD ACTION
COMPLETED
DATE
DATE
DATE
DATE
DATE
DETAILED SUBMISSION
FINAL PLAT
....-
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MEMORANDUM
TO: Paul Taddune, City Attorney
City Engineering Department
- Fire Marshal/Building Department
FROM: Colette Penne, Planning Office
RE: Fairway Subdivision Exception (Condominiumization)
DATE: July 21, 1981
Attached is an application submitted by Jay R. Kuhne and Charles G. Weaver, Jr.
requesting subdivision exception for the purpose of condominiumizing an existing
duplex located on Lot 1, West Aspen Subdivision, Filing l-A, City of Aspen (on
County Road 19). This application is being scheduled for the August 18, 1981,
City P & Z agenda. Please return any comments-you might have by Tuesday,
August 4, 1981.
Thank you.
.-~
/
ASPEN.PITKII\C~EGBONAL BUiLDL,'.G DEPARTMENT
MEMORANDUM
TO: Herb Paddock
RE:
Stan Stevens ....Il
John Ostwald9UL.
Fairway Subdivision (Condominiumization)
FROM:
DATE: August 13, 1981
-------------------------------------------------------------------
An inspection of the subject property was made on August 11: 1981.
The following is a summery of Life, Health and Safety problems
that exist:
A) ELECTRICAL
1. Unsafe lighting in three (3) closets
2. Lack of GFI recepticals in two (2) bathrooms and
garage
3. Various ungrounded, open neutral and reversed polarity
recepticals
4. Washing machine not on separate circuit
5. Open wiring and non-secure mounting of various recep-
ticals and switch boxes.
6, No switchable light in dining room and living room,
B) BUILDING
, .....
1. Need step from rear door on north unit
2. Windows near floor level must be tempered
C) OTHE~ POSSIBLE PROBLEMS
1, Proper fire separation between units
2. Are sewers separate?
3. There is a kitchen and a lockable door in the basement
of the south unit,
506 East Main Street
Aapen, Colorado 81611
303/925-5973
/,'""
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'-'"
*MEMORANDUM*
TO:
Colette Penne, Planning Office
FROM:
Jay Hammond, Assistant City Engineer
A--
DATE:
August 6, 1981
RE:
Fairway Condominiums
Having reviewed the above application for subdivision exception and made
a site inspection, the Engineering Department has the following comments:
1. The applicant should be required to revise and resubmit the
Condominium Plat as follows:
a. Include the surveyor's signature and seal.
b. Indicate where fences encroach on adjacent parcels and rights-
of-way.
c. Designate the second floor area as either Unit A or B.
2. The owner/applicant should be required to join a sidewalk, curb
and gutter improvement district in the event one is formed.
~ ..J(, .........
~
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
LAND USE APPLICATION FEES
County
00100 - 63711 09009 - 00000
63712
63713
63714
63715
63716
63717
City
00100 -
63721
63722
63723
63724
63725
63726
09009 - 00000
PLANNING OFFICE SALES
00100 - 63061 09009 - 00000
63062
63063
I
Check No:'
'" 7 /~
'-'. -':)
--
Receipt No, P
'~,) 'I
.'1, '5
Subdivision/PUD
Special Review
P&Z Review Only
Detailed Review
Final Plat
Special Approval
Specially Assigned
Conceptual Application
Preliminary Application
Final Application
Exemption ;Y'
Rezoning
Conditional Use
C"r
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rJ._( .
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County land Use Sales
GMP Sales
Almanac Sales
Copy Fees
Other
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