HomeMy WebLinkAboutLand Use Case.420 W Francis St.A93-97RESOLUTION OF THE ASPEN PLANNING AND ZONING COMMISSION
FOR THE APPROVAL OF A CONDITIONAL USE FOR AN ACCESSORY
DWELLING UNIT AT THE HALPERIN RESIDENCE LOCATED AT 420 WEST
FRANCIS STREET, LOTS N AND O, BLOCK 34,
CITY OF ASPEN
Resolution 97-
WHEREAS, The Community Development Department received an application
from Barry and Ellen Halperin, owners, for a Conditional Use Review for an Accessory
Dwelling Unit having approximately five hundred (500) square feet; and
WHEREAS, Pursuant to Section 26.40.090 of the Aspen Municipal Code,
Accessory Dwelling Units may be approved by the Planning and Zoning Commission as
Conditional Uses in conformance with the requirements of said Section; and
WHEREAS, the Housing Office, Parks Department and Community
Development Department reviewed the proposal and recommended approval with
conditions; and
WHEREAS, during a public hearing at a regular meeting on December 16, 1997,
the Planning and Zoning Commission approved by a 7 -0 vote the Conditional Use for the
Halperin Accessory Dwelling Unit as designed, with the conditions recommended by the
Community Development Department.
NOW, THEREFORE BE IT RESOLVED by the Commission:
That the Conditional Use for an Accessory Dwelling Unit containing approximately 500
square feet over a detached garage at the Halperin residence at 420 West Francis Street is
approved with the following conditions:
Prior to the issuance of any building permits, the applicant shall comply with the
following:
A. The owner shall submit the appropriate deed restrictions to the Aspen/Pitkin
County Housing Office for approval. Upon approval of the deed restrictions
by the Housing Office, the applicant shall record the deed restrictions with
the Pitkin County Clerk and Recorders Office with proof of recordation to
the Planning Department. The deed restriction shall state that the accessory
units meets the housing guidelines for such units, meets the definition of
Resident Occupied Unit, and if rented, shall be rented for periods of six
months or longer; and
B. Kitchen plans shall be verified by the Housing Office to ensure compliance
with specifications for kitchens in ADUs.
2. The ADU shall be clearly identified as a separate dwelling unit on building permit
plans and shall comply with 1994 UBC Sound Transmission Control guidelines
(Appendix Chapter 12, Division II, Section 1208).
3. Prior to issuance of a Certificate of Occupancy, the Housing Office shall inspect the
unit to ensure compliance with the conditions of approval.
4. All new surface utility needs and pedestals must be installed on -site.
5. The applicant shall consult the City Engineer for design considerations of
development within public rights -of -way, and the Parks Department for vegetation
species, and shall obtain permits for any work or development, including
landscaping, within public rights -of -way from the City Streets Department.
6. All material representations made by the applicant in the application and during
public meetings with the Planning and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions.
APPROVED by the Commission at its regular meeting on Decmber 16, 1997.
Attest:
Planning and Zoning Commission:
Jackie Lothian, Deputy City Clerk Sara Garton, Chairperson
Wil
DRAFT
Roger Hunt questioned the side yard set back change. Guthrie replied the side
yard set back, as approved by the fire marshall, would be changed from five feet
(5') to three feet (3'). She noted this was compatible with the historic structures in
town. Hunt stated concern for the decrease in space between buildings. He asked
how the size of the building would be constrained. Davis answered that duplex
FAR would be followed in that case. Hunt asked about snow sloughing from the
roof in a 3' area and windows on that side of the house. Guthrie said that snow
shedding would still be required. Ron Kanan noted that avalanche clips could be
used and all would be to the building code. Hunt said the building code could not
be relied upon for enforcement. Garton stated the smaller buildings would be
preferable. Julie Ann Woods commented that a memo would go to the bililding
department regarding the change.
MOTION: Bob Blaich moved to recommend to City Council approval
for the proposed code amendments to the R/M/F zone district as
described in the staff memo of December 16,1997. Marta Chaikovska
second. APPROVED 6 -1 (Hunt opposed)
PUBLIC HEARING:
Steve Buettow stepped down from this public hearing. David Hoefer stated for
the record an affidavit of notice had been provided and met jurisdictional
requirements. Amy Guthrie explained the applicant requested conditional use for
an ADU on a historical 6,000 square foot lot in the west end. She noted
Victorian era house and a more recent out - building which includes the ADU (built
prior to the ADU regulations). She said the applicant requested from HPC the
retention of the unit �dd a one stall garage to the building. Guthrie stated
Parks had concerns about some large trees.
Guthrie commented the applicant reworked the approach to demolish and retain a
small portion of the existing building and reconstruct with a two stall garage on
the ground level and a 500 square foot ADU on the top level. She said HPC will
review (12 /17 /97�orttrerarchitecture and"vanance (on the rear lot line due to tree
constraints). She noted the FAR allowed this construction. Guthrie noted the unit
was reviewed by Housing and stated the usual conditions. She recommended
approval with the conditions 1 -6 as outlined in the memo on pages 4 & 5.
FJ
Jim Colombo, representative for the applicant, explained the owners were making
vast improvements to this property. He said the plan meets the expectations of the
area and provides an ADU without imp acting the trees.
Bob Blaich noted the design is compatible to the houses in the neighborhood.
MOTION: Roger Hunt moved to approve the conditional use for an
ADU at 420 West Francis Street with conditions 1-6, with lc. removed,
from the Community Development Office Memo dated December 16,
1997. Jasmine Tygre 2nd. APPROVED 7 -0. —
ACTION ITEM:
TO:
THRU:
FROM:
RE:
DATE:
MEMORANDUM
Aspen Planning and Zoning Commission
Stan Clauson, Community
Julie Ann Woods, Deputy
Amy Guthrie, Historic Pre
420 W. Francis Street, Halprin, Conditional Use for an Accessory
Dwelling Unit (ADU) - Public Hearing.
December 16, 1997
SUMMARY: The applicant is requesting Conditional Use approval to construct a
detached Accessory Dwelling Unit (ADU) above a new garage. A unit currently exists
on the site which is not legalized since it was built prior to the ADU program. The
applicant had originally intended to make some minor improvements to the existing unit
and to add a garage stall. During the HPC review, it was determined that the new garage
stall was likely to have an impact on some significant trees on the site, therefore the
applicant was asked to redesign.
The proposal is to tear down the existing structure (except for a small shed which will be
retained and connected to the new structure), and build a two car garage with an ADU
above. HPC will review the design of the building because the property is a landmark.
HPC will also review the rear yard setback variance and height of the structure.
At this time it is unclear whether or not the applicant is requesting the FAR bonus and
mandatory rental requirement. This must be clarified to the Commission at the review.
APPLICANT: Barry and Ellen Halprin, represented by Colombo International.
LOCATION: 420 W. Francis Street.
ZONING: R -6, Historic Landmark.
CURRENT LAND USE: Detached single - family residential with accessory unit.
LOT SIZE: 6,000 square feet.
REVIEW PROCEDURE: Accessory Dwelling Units (ADU's) require conditional use
approval by the Planning and Zoning Commission at a public hearing. It is a one -step
review that requires notification to be published, posted and mailed in accordance with
Section 26.52.060(E).
1 Exhibit A
The following sections of the code are applicable to conditional use reviews of ADU's:
Section 26.40.090, Accessory Dwelling Units; Section 26.28.040, Medium- Density
Residential (R -6); Section 26.60.040, Standards Applicable to All Conditional Uses;
and, Section 26.58.040, Residential Design Standards.
REFERRAL COMMENTS: The comments from the Housing Department are included
as Exhibit B. Please note that the unit is in fact a detached unit.
STAFF COMMENTS:
Section 26.40.090(B), Accessory Dwelling Units, Development review standards.
1. The proposed development is compatible with and subordinate in character to the
primary residence located on the parcel as well as development located within the
neighborhood, and assuming year -round occupancy, shall not create a density pattern
inconsistent with the established neighborhood.
Response: An accessory unit has existed on this property for some time, so no additional
impacts should be expected. The proposed unit is at the rear of the lot and completely
detached from the primary residence. The City has developed programs that encourage
this sort of infill housing development, which is particularly compatible with the
character of the West End.
Section 26.28.040, Medium - Density Residential (R -6) Zone District
Accessory dwelling units are permitted within the R -6 zone district as conditional uses.
The proposed plans indicate that the development would meet the dimensional
requirements of the zone district with two exceptions; height, rear yard setback and
sideyard setback. These issues will be reviewed by HPC. The applicant wishes to place
the garage at the rear lot line where the existing outbuilding stands. Also, the applicant
will retain a shed that encroaches into the west sideyard setback. In terms of height, the
applicant proposes a height of 17 feet, which is allowed for accessory units over a garage.
Section 26.60.040, Standards Applicable to All Conditional Uses
Pursuant to Section 26.60.040, a development application for a conditional use approval
shall meet the following standards:
A. The conditional use is consistent with the purposes, goals, objectives and
standards of the Aspen Area Comprehensive Plan, and with the intent of the zone district
in which it is proposed to be located.
Response: The stated purpose of the R -6 zone district "is to provide areas for long-
term residential purposes with customary accessory uses." ADU's are allowed as
2
conditional uses in the R -6 zone district, and the proposal helps further one of the stated
themes of the AACP with regard to "revitalizing the permanent community" by
"increase(ing) resident housing." Also, the proposal is consistent with the following
purposes, goals, objectives and standards of the AACP:
• "Promote, market and implement Cottage Infill and Accessory Dwelling Unit
programs;"
• "Develop small scale resident housing which fits the character of the community and
is interspersed with free market housing throughout the Aspen Area and up valley of
Aspen Village;" and,
• "The public and private sectors together should develop . . . employee- occupied
accessory dwelling units, to achieve the identified unmet need to sustain a critical mass of
residents."
B. The conditional use is consistent and compatible with the character of the
immediate vicinity of the parcel proposed for development and surrounding land uses, or
enhances the mixture of complimentary uses and activities in the immediate vicinity of
the parcel proposed for development.
Response: The subject parcel is surrounded by duplex and single - family residential
uses, and an ADU use is both consistent and compatible with the existing residential
development in the immediate vicinity.
C. The location, size, design and operating characteristics of the proposed
conditional use minimizes adverse effects, including visual impacts, impacts on
pedestrian and vehicular circulation, parking, trash, service delivery, noise, vibrations and
odor on surrounding properties.
Response: The unit is located on an alley above a garage and will not have significant
impacts on any circulation areas. One of the two parking spaces in the garage will be
assigned to the ADU (The house has never had off - street parking, so no parking is
technically required to be provided for it. The applicant's proposal improves the
situation.) The building will be screened by the large trees that surround it.
D. There are adequate public facilities and services to serve the conditional use
including but not limited to roads, potable water, sewer, solid waste, parks, police, fire
protection, emergency medical services, hospital and medical services, drainage systems,
and schools.
Response: The unit will not have a significant impact on public facilities and
services.
E. The applicant commits to supply affordable housing to meet the incremental need
for increased employees generated by the conditional use.
Response: The applicant has volunteered to provide the unit. No mitigation is owed.
3
R
F. The proposed conditional use complies with all additional standards imposed on it
by the Aspen Area Comprehensive Plan and by all other applicable requirements of this
title.
Response: The proposed conditional use will comply with all additional standards
imposed on it be the AACP and by all other applicable requirements of the Municipal
Code, such as those contained in Section 26.58.040, Residential Design Standards.
STAFF FINDINGS AND RECOMMENDATION: Based upon review of the
applicant's land use application and the referral comments, Community Development
staff finds that the application should be approved as submitted, with the following
conditions:
1. Prior to the issuance of any building permits, the applicant shall comply with the
following:
A. The owner shall submit the appropriate deed restrictions to the Aspen/Pitkin
County Housing Office for approval. Upon approval of the deed restrictions
by the Housing Office, the applicant shall record the deed restrictions with
the Pitkin County Clerk and Recorders Office with proof of recordation to
the Planning Department. The deed restriction shall state that the accessory
units meets the housing guidelines for such units, meets the definition of
Resident Occupied Unit, and if rented, shall be rented for periods of six
months or longer; and
B. Kitchen plans shall be verified by the Housing Office to ensure compliance
with specifications for kitchens in ADUs.
C. Be granted a FAR bonus equal to 50% of the ADU floor area (up to a
maximum of 350 sf) only if the ADU is registered with the Housing Office
and available for rental to a qualified employee working within Pitkin
County;
2. The ADU shall be clearly identified as a separate dwelling unit on building permit
plans and shall comply with 1994 UBC Sound Transmission Control guidelines
(Appendix Chapter 12, Division It, Section 1208).
3. Prior to issuance of a Certificate of Occupancy, the Housing Office shall inspect the
unit to ensure compliance with the conditions of approval.
4. All new surface utility needs and pedestals must be installed on -site.
4
5. The applicant shall consult the City Engineer for design considerations of
development within public rights -of -way, and the Parks Department for vegetation
species, and shall obtain permits for any work or development, including
landscaping, within public rights -of -way from the City Streets Department.
6. All material representations made by the applicant in the application and during
public meetings with the Planning and Zoning Commission shall be adhered to and
considered conditions of approval, unless otherwise amended by other conditions.
RECOMMENDED MOTION: "I move to approve the conditional use for an ADU at
420 W. Francis Street with the conditions as outlined in the Planning Office Memo dated
December 16, 1997.
EXHIBITS:
A. Staff memo dated December 16, 1997
B. Conditional Use Application
C. Referral Comments
M
DEC 10 197 10 :49AM ASPEN HOUSING OFC
MEMORANDUM
P.1
TO: Amy Guthrie, Community Development Dept.
FROM: Cindy Christensen, Housing Office
DATE: December 9, 1997
RE: Halperin Conditional Use for an Accessory Dwelling Unit
Parcel ID No.
RFOIICriT; The applicant is mqueating approval for a 500 square foot accessory dwelling unit to
be located above an attached garage.
RMKORQUND: According to Section 26.40.090, Accessary Dwelling Units, a unit shall
contain not tens than 300 square feet of net livable area and not more than 700 square feet of net
livable area.
l;li!E5: When the Housing Office reviews plans for an accessory dwelling unit, there are
particular areas that are given special attention. They are as follows;
The unit must be a totally private unit, which means the unit must have a private entrance
and there shall be no other morns in this unit that need to be utilized by the individuals in
the principal residence; i.e., a mechanical room for the principal residence. Also, is the
unit just an "additional bedroom" to the principal residence.
2. The kitchen includes a minimum of a two- burner stove with oven, standard sink, and a 6-
cubic foot refrigerator plus freezer.
3. The unit has natural light into the unit; i.e., windows, sliding glass door, etc., especially if
the unit is located below grade.
4. Should the unit be used to obtain an FAR bonus, the unit MUST be rented to a qualified
employee.
Staff recommends approval of this unit as long as the following conditions
are met.,
t. The kitchen Is as stated above.
2. An accessory dwelling unit deed restriction must be recorded prior to building permit
approval (this form is provided by the Housing Office). Should the unit be utilized to obtain
an FAR bonus, the deed restriction will include the provision that the unit MUST be rented
to a qualified employee.
3. Inspection of the unit by the Housing office prior to Certifroale of Occupancy.
V8IWGNW_1297.sdu
Exhibit C
TEL: 970 925 -7806
COLOMBO
INTERNATIONAL, INC.
520 E. COOPER ASPEN, CO 81611
420 West Francis
Aspen Historical Preservation Commission
Conditional Use
For Accessory Dwelling Unit
0.. .
Barry Halprin
420 West Francis
Aspen, Colorado
presented to:
CITY OF ASPEN
COMMUNITY DEVELOPMENT
ASPEN PLANNING & ZONING COMMISSION
130 S. Galena St.
Aspen, Colorado 81611
FAX: 970 925 -3972
Exhibit B
r
COLOMMO
INTERNATIONAL, INC.
520 E. COOPER ASPEN, CO 81611
TEL: 970 925 -7806
Project Information
FAX: 970 925 -3972
Halperin Accessory Dwelling Unit
420 West Francis
Aspen, Colorado
Project Description
Regarding the Halprin Accessory Dwelling Unit, we are proposing to
retain the existing Shed to the West. This will not impact the existing trees
on the neighbors property to the West. We will convert the existing Residentual
Unit to a Garage. In order to provide adequate interior space we will need to
expand the East wall 2' -6 ".
The existing 5' -0" x 12' -0" Bay Window on the South side is going to be
remodeled into the new Entry/ Stair. These functions require a space
6' -6" x 14' -0" as shown on the Plan. The slight expansion required moves the South
wall 1' -6" further into the Halperin lawn.
We are adding a 500 SF Upper Level A. D. U. Unit. The maximum height
of the proposed addition will be 17' -0" at the Roof 1/3 point.
The existing mature trees in the East yard will not be impacted.
COLOMBO
INTERNATIONAL, INC.
520 E. COOPER ASPEN, CO 81611
TEL: 970 925 -7806 FAX: 970 925-3972
HALPERIN ACCESSORY DWELLING UNIT
420 WEST FRANCIS
ASPEN, COLORADO
NEIGHBORHOOD CONTEXT
This proposed Remodel of the Halperin Accessory Building promotes
the charactor of the West End Alleys. The existing acessory building is one
of twelve present in this blocks alley. The A.A.C.P. encourages this
type of development. Off street Parking accessed off the alleys is noted
with the high emphasis and voluntary Accessory Dwelling Units add to the
Cities rental inventory. This Project provides two off street Parking
spaces that are currently unavailable.
Specifically this Project responds to concern regarding the
existing mature tree on the West neighbors property. There are
also existing mature trees on this property to the East. This Project impacts
none of these trees.
In detail, the Project incorporates the existing shed into the
proposed building. The existing Accessory Building is remodeled
by converting the existing Rental Unit into a Garage and adding an
Upper Level Accessory Dwelling Unit. The Design is accomplished using
a cross gable 8/12 pitched roof with shingles to match those of the
existing Main House on the Property. The maximum height of this addition
will be 17' -0" at the roof 1/3 point. The exterior wall finish is proposed
to be 6" horizontal redwood clapboard to match the Main House.
The Windows will be wood double hung units to match the Main House.
Overall, this Project adds several important elements to the
neighborhood while imposing minimal impact at the alley.
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f Special gevye Final SPA _ Final Historic Qev.
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-63860 -043
-63885 -268
-63875-046
-MR011
10000 -67100 -383
15000 - 63050480
15000-63065 -482
A spen/Pitkin Community
welopment Department
M South Galena Street
aspen, Colorado 81611
(970) 920 -5090
n Fees:
posit
iat Fee
HPC
Public Right -of -Way
Zoning & Sign Permit
Use Tax
Park Dedication
AH Commercial
AH Residential
County Land Use Application Fees:
OO113 -63800-033
Deposit
-63805 -034
Flat Fee
-63820-037
Zoning
- 63825 -038
Board of Adjustment
Referral Fees:
00113 -63810 -035
00115 -63340 -163
62023 -63340 -190
00125 -63340 -205
00113 -63815 -036
00113
Sales:
0011.' -63830-039
- 69000 -145
County Engineer
City Engineer
Housing
Environmental Health
County Clerk
Wildlife Officer
Comity Code
Copy Fees
Other
Name: _ri tJU t I}I
Address-
Phone: q 26 -:n
- a�Lc_ -
Total_�y__
Date: Check:g{�y�
Project:
Case No: _�9 5_97
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