HomeMy WebLinkAboutlanduse case.boa.608 E Hyman Ave.001-84
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NOTICE OF PUBLIC HEARING
Case No. 84-1
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT
TO ALL PROPERTY rn~RS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
DESCRIBED BELOW:
Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a
public hearing will be held in the Council Room, City Hall, Aspen, Colo-
rado, (or at such other place as the meeting may be then adjourned) to
consider an application filed with the said Board of Adjustment requesting
authority for variance from the provisions of the Zoning Ordinance, Chapter
24, Official Code of Aspen. All persons affected by the proposed variance
are invited to appear and state their views, protests or objections. If
you cannot appear personally at such meeting, then you are urged to state.
yo~views by letter, particularly if you have objection to such variance,
as the Board of Adjustment will give serious consideration to the opinions
of surrounding property owners and others affected in deciding whether to
grant or deny the request for variance.
,The particulars of the hearing and of the requested variance are as follows:
Date and Time of Meeting:
Date:
Time:
January 19, 1984
4:00 p.m.
Name and address of Applicant for Variance:
.
Name:
Address:
John Doremus
608 E. Hyman Avenue Aspen, Colorado 81611
Location or description of property:
Locat~on: 300 block of West Hallam; Lots P and Q, Block 43
Descr~pt~on: City and Townsite of Aspen, accord. to Exc. Plat
Variance Requested: After a lot split, applicant discovered an encroachment
s,-r~p approx~ma,-e.Ly 6" in width, 40 feet long. Applicant appears to be
asking for a determination that the encroachment is de minimis and in no
way effects the validity of the subdivision exception lot split of lot
P and Q or ,other zoning requirements that may relate to the encroachment.
Duration of Variance: (Please cross out one)
Te~oEBry Permanent
THE CITY OF ASPEN BOARD OF ADJUSTMENT
BY Remo Lavagnino, Chairman
BY Barbara Norris, Deputy City Clerk
AhlilL ; i} LU,
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DATE 4 ,January '1984
APPELLANT John 'Doremus' ,
~ ". . .....
CASE NO.
"
ADDRESS 608 E. Hyman Ave., Aspen
'. . ;,. "
....'0\.... ,
PHONE
925-6866
OWIlER
John Doremus
ADDRESS same
same
LOCATION OF PROPERTY 300 block of \\Test Hallam; I,o'ts P and. Q, Block 43,
CitoY and Townsite of Aspen, accord: to Exc.Plat
..:
lStree~ & Number of Subdivision Blk. & Lot No.)---
.
Building Permit' Application and prints or any other pertinent
data must accompany this application. and will be made part of
CASE NO.
. .
.
THE BOARD WILL RETURN THIS.APPLICATION IF IT DOES NOT CONTAIN
Alr THE FACTS IN QUESTION.
DESCRIPTIOil OF PROPOSED EXCEPTION SHOHING JUSTIFICATIOtIS:
In pur<!1asing the subject prcperty the ClJ::lPlicant relied at an improvement sUrvey of
Lots N,O,P60, Blodt 43, Widl did not sh:M an encroad1ment of two sheds fran Lot R, BlOCk
43, cnto Lot Q. The total encroa<.!lI,..lIL is a strip about six indies wide the length of the .
two sheds. (The sheds abut a retaining wall C!1 Lot Q Widl wall was sl'rr..n.) The
inJlrovanent m,rrvey was used for the Subdivision Exception Lot Split Plat (later recorded in
Pla~ ,Book 14 at Page 23), and did not sh:M the encroachment either.. The applicant \\QIld
like a detennination frc:rn the Board that the encroachment is de minimis, iq 00 way affects
the validity of the subdivisiat excepticn lot split of Lots N and 0 fran Lots P and Q,arrl
requires no additict1al setbaCk at LotsP and Q.
.
"
. Will you be represented by couqsel ? Yes x N?' -If " ',(,1
SIGNED: ~.rftv\. ;/0/W1?14
A.plpellanf' ,
. .-" I .
,
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PROVISIONS OF THE ZONING ORDINANCE REQUIRIrtf/THE BUILDING INSPECTOR
. TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTMENT AND REASON
FOR NOT GRANTING: ~ 0- M- c,~tJ- ~~0~ ~ ~ ~~
'S~~ 41~)(. C //~~~ ,LfO.c+~. .aQp'~.y.".~\- ~~~{~ La.e
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Signed
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DECISION
DATE IF HEAR I NG
.. .
. DATE
-
.
SECnrTMlY
Cou~ty of Pitkin
State of Colorado
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AFFIDAVIT OF NOTICE BY POSTINU OF
A VARIANCE HEARING BEFORE THE
CITY OF ASPEN BOARD OF ADJUSTMENT
(Pursuant to Section 2-22(c) of
the Municipal Code)
The undersigned, being first duly Sworn, deposes and says as
fallows:
1.
I, J.D. Nuller
(print name)
~epresenti~ an Applicant before the City of Aspen Board of
, being or
Adjustment, personally certify that the attached photograph
fairly and.ccurately represents the sign POsted as Notice of the
variance he~rin9 on this -atter in a conspicuous place on the
subject property {as it could be seen from the nearest public
way) and that the said sign was POsted and visible continuously
from the 7th
19th day of
day of
January
, 19~. (Must be posted for at
January
, 19 84 , to the
-
least ten (10) full days before the hearing date).
APPLICANT'S REPRESENTATIVE
Cijn -
Subscribed and Sworn to before me
this 19th day of Januarv _,
'9~-;-by J.D. Muller
WITNESS MY HAND AND OFFICIAL
SEAL.
My OO~i"i)1J'a;~3"~~
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Address
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#84-1
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RESOLUTION OF THE BOARD OF ADJUSTMENT
OF THE CITY OF ASPEN
WHEREAS, John Doremus. the owner of Lots P and Q, Block 43,
city and Townsite of Aspen. according to the Subdivision
Exception Lot Split Plat, recorded in Plat Book 14 at Page 23 of
the records of the Clerk & Recorder of Pitkin County, Colorado,
requested a determination by the Board of Adjustment relating to
an encroachment from adjacent Lot R onto Lot Q, consisting of a
strip approximately 7 inches wide and approximately 30 feet in
length, the encroachment being the area underneath a shed wall
and overhang, which shed is owned by the owner of Lots Rand S,
all as shown on the boundary survey map dated December 21, 1983.
certified by Dan McKenzie of Alpine Surveys (Alpine Job No.
83-95), which map is attached and here incorporated by reference;
and,
WHEREAS, the applicant requested that the Q-R boundary side
yard setback for Lot Q be reduced by the amount of the above
described encroachment; and, that the area of the encroachment be
determined de minimis and of no effect upon any other zoning
requirement; and,
--.
WHEREAS, the Board considered the request in Case Number
84-1 at its regular meeting held January 19, 1984, and at its
regular meeting held February 9, 1984, as reflected in the
minutes of those meetings, which minutes reflect a finding of
hardship as well as the following reasons set out in ~2-22(d) of
the Aspen Municipal Code: special conditions and circumstances
exist which do not result from the action of the applicant and
the granting of the variance will not adversely affect the
general purpose of the comprehensive general plan,
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF
THE CITY OF ASPEN, That the side yard setback, (i.e., the minimum
side yard requirement) on the Lot Q-Lot R boundary side of Lot Q
be varied by reduction from 5.0 feet to 4.4 feet for the length
of the encroachment as shown on the Alpine Survey map cited
above; and,
BE IT RESOLVED, That this determination and variance are
perpetual and have been so stated to be in the minutes of the
Board as required by ~2-22(c)(5) of the Municipal Code; and,
BE IT FURTHER RESOLVED, That the above determination and
variance are given under the authority of ~2-21(1), (2) and (3)
of the Municipal Code, the Board having determined that it
properly exercises jurisdiction in this matter; and,
BE IT FINALLY RESOLVED, That this resolution shall bind the
(
Board of Adjustment of the City of Aspen as to all matters within
its jurisdiction and that the present owner of Lots P and Q, his
assigns, heirs, devisees and personal representatives may rely
upon this resolution as to all matters it contains, and may rely
upon them in perpetuity, with no need for limitation as to time
as it establishes prsent rights in the subject property vested
and absolute on the date of this resolution.
The effective date of this resolution is February 9, 1984.
BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, by,
BAA~ Ui:-~
Vice. Chairman
gt?$t/(. ~
ATTEST: Deputy City Clerk
State of Colorado
County of pitkin
The foregoing instrument was acknowle
Whitaker, Vice Chairman of the Board of
Aspen, for the Board, this I~ day of
Witness my hand and official seal
My commission expires: .3/cZ/%J'
me by Fr<incis
the City of
, 1984.
--
APPROVED AS TO FORM
City Attorney's Office, by,
"
g:.tY-j
J.D. MULLER
AlTORNEY AT LAW
JEROME PROFESSIONAL BUILDING
201 NOImi MILL STREET
MAlUNG ADDRESS: P,O, BOX 4361
ASPEN, COLORADO 81612
TELEPHONE: 303/925-1923
4 January 1984
Board of Adjustment of the City of Aspen
130 S. Galena
Aspen, Colorado
HAND DELIVERED
To the Board:
I represent John Doremus who is the owner of Lots P and Q,
Block 43, City and Townsite of Aspen, according to the
Subdivision Exception Lot Split Plat recorded in Plat Book 14 at
Page 23. Adjacent Lots Rand S, Block 43, are owned by C.M.
Clark. I do not represent or speak for Mr. Clark in any way and
have assumed for purposes of this letter that he is in fact the
owner of Lots Rand S and the buildings on them which are
discussed below. The easterly boundary of Lot Q is the westerly
boundary of Lot R. Lots P and Q are vacant. Lots Rand Shave
improvements, some of which encroach a strip approximately six
inches in width across Lot Q as platted.
Clark is the owner of a large shed, a smaller shed and the
endpost of a fence, all of which abut a concrete retaining wall
which wall is shown on the recorded Plat of P and Q mentioned
above. The retaining wall is inside the boundary of Lot Q as
platted. The structures are not shown on the lot split plat.
with this letter I have enclosed a boundary survey map dated
December 21, 1983, certified by Alpine Surveys surveyor Dan
McKenzie from a survey done August 23, 1983, which map is Alpine
Job No. 83-95. The map shows the encroachment of the Clark shed
to be a strip 0.06 feet in width. The December 21st map is
incorporated in this letter by this reference.
Doremus and the present owners of Lots Nand 0 purchased as
tenants in common, Lots N,O,P, and Q in Block 43, on March 5,
1982 in reliance on an improvement survey prepared in February
1982, which improvement survey showed no encroachment by the
sheds onto Lot Q at all. This same survey error was carried
forward onto the lot split plat which was approved by City
Council on October 10, 1982. The lot split approval was made
subject to the requirements of a setback variance granted by the
;/fff';-I
Lot Q, Bl. 43
Page 2
4 January 1984
Board of Adjustment on
acquired full title to
in Lots Nand 0 to the
May 27, 1982. In December 1982, Doremus
Lots P and Q and conveyed all his interest
present owners, Mr. and Mrs. Dale Potvin.
Lots P and Q are each 100 feet by 30 feet; but, Lot P has an
additional amount of setback required along the o-p boundary
because of prior construction on Lots Nand 0, namely a house
with a deck that extends to the property line between Lots 0 and
P. This additional setback was imposed by this Board and
incorporated as a lot split requirement as mentioned above.
Doremus asks the Board to make a finding that the sideyard
setback requirement along the Q-R boundary is in fact five feet
measured from the property line even though there is a six inch
encroachment onto Lot Q by the sheds on Lots R; or, in the
alternative, to grant a setback reduction variance in the amount
of the encroachment strip to produce the same result. The sheds
are located on the grade below the retaining wall which is about
six feet below the grade of Lots P and Q. The setback area below
grade is unusable by Lot Q, and the encroachment strip is so
small that making Lot Q smaller by six inches to accommodate it
would serve no purpose except to reduce even further the
buildable width of Lots P and Q, and all because of actions of
others than Doremus or the potvins. The encroaching sheds were
built by the owner of Lots Rand S; and the error in the
improvement survey--which Doremus and the potvins commissioned in
an effort to see if any such problems as this existed in the
first place--was made by the surveyor. Doremus also requests a
determination that the encroaching strip is de minimis and in no
way affects the validity of the subdivision exception lot split
or any other zoning requirement.
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Enclosures
c'"., '" $q-/
PROPERTY OWNERS ADJACENT TO
310 WEST BLEEKER/JOHN DOREMUS
C.M. Clark
Box 566
Aspen CO 81612
Dale Potvin and Sally Allen-Potvin
Box 575
Aspen CO 81612
Marguerite Scheid
Box 7976
Aspen CO 81612
Sharon M. Prior
Box 656
Aspen CO 81612
Vivienne Estelle Jones and Andrew Doremus
Box 317
Aspen CO 81612
Nicholas DeWolf
233 W. Bleeker
Aspen CO 81611
Ruth Whyte
Box 202
Aspen CO 81612
James H. Glanville, Trustee
1 Greenway Plaza Drive East
Houston TX 77046
EXTRA
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,J!t
CITY OF"r'ASPEN
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130;south galena s)reet
asp en, C 0 lor a d 08'1611
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303-925::2020
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AGE N D A
BOARD OF ZONING ADJUSTMENTS
JANUARY 19, 1984
CITY COUNCIL CHAMBERS
4:00 P.M.
I. Minutes
II. Case #83~12/Stanford Johnson
III. Case #84-1/John Doremus*
IV. Adjourn
*Blueprints are available in the
City Clerk's office.
11/1 LIIL lJ) LJU,.
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Cll Y OF rl~;; UI
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DATE 4 ,January '1984
APPELLANT John 'Doremus' .
. . ~ t'..' .......
CASE NO.
"
ADDRESS 608 E. Hyman Ave., Aspen
,,' "
......~.... .
.
PHONE
925-6866
OWIIER
John Doremus
ADDRESS same
;
sa~e
. LOCATION OF PROPERTY 300 block of Nest Hallam; Lots P and. Q, Block 43,
CitoY and Townsite of Aspen, accord.' to Exc.Plat
~ lStreet. & Number of Subdivision Blk. & tot No.)-
.
Building Permit. Application and prints or any other pertinent
.. data must accompany this application, and will be made part of
ChSE NO.
. ,
THE BQARD WiLL RETURN THIS.APPlICATION IF IT DOES NOT CONTAIN
Ale THE FACTS IN QUESTION.
,
DESCRIPTI01~ OF PROPOSED EXCEPTION SHOHING JUSTIFICATIOt!S:
In pur<!lasing the subject prcperty the ClEPlicant relied en an improvement sUIVey of
Lots N,O,P&Q, Block 43, which did not sh:lw an encroachment of two sheds fran Lot R, Block
43, ento Lot Q. The total encroaChment is a strip about six inches wide the length of the .
two sheds. (The sheds abut a retaining Wi\ll on Lot Q which wall was sl'Dlron.) The
.inprovement sl,1IVey was used for the Subcl.ivisioo Exception Lot Split Plat (later re=rded in
Pla~ ,B=]( 14 at Page 23), and did not sh:lw the encroachment either.. The applicant ......::old
like a determination frem the Board that the encroachment ill de minimis, ill; IX) way affects
the validity of the subdivision exception lot split of Lots N am 0 fran Lots P an:] Q, and
requires no addit.iOnal setback en LotsP and Q.
.
"
. Will you be represented by cou'lsel ? Yes x Nr,: --iJ. " In
SIGNED: '0rnv1.. (JUI~4nu&---
Appell ant'
. /' I .
PROVISIONS OF THE ZONING ORDINANCE REQlllRII{/THE BUILDING INSPECTOR
TO FORWARD THIS APPLICATION TO THE BOARD OF ADJUSTM~NT AND REASON
FOR,NOT GRANTING: //~.o-. ~ 0~tJ-) ~~~~ ~-\ ajV\~cac~J,
~~~ 4'~l(. t ~~t.- ,LiO:C+~. .~~~~\- ~~ ~ la.e
eu~ ~cf\. Cl ~~~-tt.. ~~lrv, . '
.h ~~ ~t:VY) lN~~~-\t... \i~'(,\+L-' $~~;'"
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Signed
.
.
DECISION
DATE IF HEARING
.. .
...:.-.- DATE
.
SrCRQl\flY
.
.
........
"
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NOTICE OF PUBLIC HEARING
Case No. 84-1
;"i
BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE
'DESCRIBED BELOW:
.'Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a
public hearing will be held in the Council Room, City Hall, Aspen, Colo-
rado, (or at such other place as the meeting may be then adjourned) to
consider an application filed with the said Board of Adjustment requesting
authority for variance from the provisions of the Zoning Ordinance, Chapter
24, Official Code of Aspen. All persons affected by the proposed variance
are invited to appear and state their views, protests or objections. If
you cannot appear personally at such meeting, then you are urged to state,.
yo~views by letter, particularly if you have objection to such variance,
as the Board of Adjustment will give serious consideration to the opinions
of surrounding property owners and others affected in deciding whether to
grant or deny the request for variance.
.The.particulars of the hearing and of the requested variance are as follows:
Date and Time of Meeting:
Date:
Time:
January' 19, 1984
4:00 p.m.
Name and address of Applicant for Variance:
I
Name:
Address:
John Doremus
608 E. Hyman Avenue Aspen, Colorado
81611
Location or description of property:
Locat~on: ' 300 block of West Hallam; Lots P and Q, Block 43
Descr~pt~on: City and Townsite of Aspen, accord. to Exc. Plat
Variance Requested: After a lot split, applicant discovered an encroachment'
str~p approx~mate.Ly 6" in width, 40 feet long. Applicant appears to be
asking for a determination that the encroacrument is de minimis and in no
way effects the validity of the subdivision exception lot split of lot
P and Q or pther zoning requirements that may relate to the encroachment.
Duration of Variance: (Please cross out one)
Te~o~Bry Permanent
THE CITY OF ASPEN BOARD OF ADJUSTMENT
BY Remo Lavagnino, Chairman
BY Barbara Norris, Deputy City Clerk
IJ'./N-/
,~
:
J.D. MULLER
A1TORNEV AT LAW
JERQ\o\E PROFESSIONAl BUIlLl!NQ
201 NOR1li M1U- STREET
foWUNQ ADDRESS: P,O, BOX 4361
~. COLORAOO 81612
laEPHONE: 303/925-1923
4 January 1984
Board of Adjustment of the City of Aspen
130 S. Galena
Aspen, Colorado
HAND DELIVERED
To the Board:
I represent John Doremus who is the owner of Lots P and Q,
Block 43, City and Townsite of Aspen, according to the
Subdivision Exception Lot Split Plat recorded in Plat Book 14 at
Page 23. Adjacent Lots Rand S, Block 43, are owned by C.M.
Clark. I do not represent or speak for Mr. Clark in any way and
have assumed for purposes of this letter that he is in fact the
owner of Lots Rand S and the buildings on them whiCh are
discussed below. The easterly boundary of Lot Q is the westerly
boundary of Lot R. Lots P and Q are vacant. Lots Rand Shave
improvements, some of which encroach a strip approximately six
inches in width across Lot Q as platted.
Clark is the owner of a large shed, a smaller shed and the
endpost of a fence, all of whiCh abut a concrete retaining wall
which wall is shown on the recorded Plat of P and Q mentioned
above. The retaining wall is inside the boundary of Lot Q as
platted. The structures are not shown on the lot split plat.
with this letter I have enclosed a boundary survey map dated
December 21, 1983, certified by Alpine Surveys surveyor Dan
McKenzie from a survey doneA~~Ft 23, 1983. which map is Alpine
Job No. 83-95. The map shows the encroachment of the Clark shed
to be a strip 0.06 feet in width. The December 21st map is
incorporated in this letter by this reference.
Doremus and the present owners of Lots Nand 0 purchased as
tenants in common, Lots N,O,P, and Q in Block 43, on March 5,
1982 in reliance on an improvement survey prepared in February
1982, which improvement survey showed no encroachment by the
sheds onto Lot Q at all. This same survey error was carried
.forward onto the lot split plat which was approved by City
Council on October 10, 1982. The lot split approval was made
subject to the requirements of a setback variance granted by the
1/11'1-/
.~
"
Lot 0, Bl. 43
Page 2
4 January 1984
Board of Adjustment on
acquired full title to
in Lots Nand 0 to the
May 27, 1982. In December 1982, Doremus
Lots P and 0 and conveyed all his interest
present owners, Mr. and Mrs. Dale Potvin.
Lots P and 0 are each lQO feet by 30 feet; but, Lot P has an
additional amount of setback required along the o-p boundary
because of prior construction on Lots Nand 0, namely a house
with a deck that extends to the property line between Lots 0 and
P. This additional setback was imposed by this Board and
incorporated as a lot split requirement as mentioned above.
Doremus asks the Board to make a finding that the sideyard
setback requirement along the O-R boundary is in fact five feet
measured from the property line even though there is a six inch
encroachment onto Lot 0 by the.sheds on Lots R; or, in the
alternative, to grant a setback reduction variance in the amount
of the encroachment strip to produce the same result. The sheds
are located on the grade below the retaining wall which is about
six feet below the grade of Lots P and O. The setback area below
grade is unusable by Lot 0, and the encroachment strip is so
small that making Lot 0 smaller by six inches to accommodate it
would serve no purpose except to reduce even further the
buildable width of Lots P and Q, and all because of actions of
others than Doremus or the potvins. The encroaching sheds were
built by the owner of Lots Rand 5; and the error in the
improvement survey--which Doremus and the potvins commissioned in
an effort to see if any such problems as this existed in the
first place--was made by the surveyor. Doremus also requests a
determination that the encroaching strip is de minimis and in no
way affects the validity of the subdivision exception lot split
or any other zoning requirement.
-
JDMcc
Enclosures
,
"
~ "S~ "" $J/-I
PROPERTY OWNERS ADJACENT TO
310 WEST BLEEKER/JOHN DOREMUS
C.M. Clark
Box 566
Aspen CO 81612
Dale Potvin and Sally Allen-Potvin
Box 575
Aspen CO 81612
Marguerite Scheid
Box 7976
Aspen CO 81612
Sharon M. Prior
Box 656
Aspen CO 81612
Vivienne Estelle Jones and Andrew Doremus
Box 317
Aspen CO 81612
Nicholas DeWolf
233 W. Bleeker
Aspen CO 81611
Ruth Whyte
Box 202
Aspen CO 81612
James H. Glanville, Trustee
1 Greenway Plaza Drive East
Houston TX 77046
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CITY 0' SPEN
FINANCE DEPARTMENT
CASHIER'S RECEIPT
LICENSES & PERMITS
o GENERAL OCCUPATION BUSINESS L1C,
o LIQUOR OCCUPATION LICENSES
o BEER, WINE', LIQUOR
o LIQUOR LICENSE RENEWAL FEE
o LIQUOR LICENSE APPLICATION
o EXCAVATION PERMITS
o SEPTIC TANK PERMITS
o NON-COURT DOG LICENSES
o COLORADO FOOD SERVICE LICENSES
00111-61000
00107,60900
00107-61030
00107-61031
00107-61039
00115-61211
00125-61213
00135-61100
00125-61001
FINES & FORFEITS
o CITY SHARE-DUI'S
o COURT TRAFFIC FINES
o TOWING FEE-CITY
o PENALTY ASSMTS, ON TOWS
o STORAGE FEES
o NON-TOW PENALTY ASSMTS,
o TRAFFIC FINES
o NON-COURT DOG FINES
o NON-COURT IMPOUND FEES
o NON-COURT VET OR R,V,
o NON-COURT ADOPTION FEES
o CITY COURT DOG FEES
o COURT BOND FORFEITS
o COURT COSTS
o ACCIDENT REPORTS/XEROX
o GENERAL ACCT, NO,
00131-64002
00132-64003
00132-64011
00132-64013
00132-64014
00132-64014
00132-64020
00135-64040
00135-64041
00135-64042
00135-64045
00135-64043
00131-64101
00131-64201
00131-63420
DESCRIPTION: (NAME, NUMBER, ETC,)
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RECEIVED FROM
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