HomeMy WebLinkAboutcoa.lu.co.320 W Main St.A76-92
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DATE RECEIVED:
DATE COMPLETE:
STAFF MEMBER:
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CASELOAD SUMMARY SHEET
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CASE #
PARCEL
A76-92
ID# 2735-124-41-005
PROJECT NAME: 320 West Main street Condominiumization
Project Address: Lots N. O. P. Block 44. Townsite of Aspen
APPLICANT: Alan Shada
Applicant Address: P. O. Box 2615
Vista. CA 92085
REPRESENTATIVE: McFlynn & Pickett (Marty
Representative Address/Phone: 320 W. Main
Aspen. CO
Pickett)
st.
81611
925-2211
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FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$ 912.00
$ 90.00
$
$
$1002.00
STAFF APPROVAL:
# APPS RECEIVED
# PLATS RECEIVED
3
1
Ce...
TYPE OF APPLICATION:
P&Z MEETING DATE
ig@e MEETING DATE
DRC MEETING DATE
IDiu
I
1 STEP: X 2 STEP:
PUBLIC HEARING: 'YES. NO
PUBLIC HEARING: 'YES NO
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REFERRALS:
Attorney ___Aspen Consol S.D. School District
~ Engineer ___Rocky Mtn Nat Gas USFS (Carbondale)
Housing ___Holy Cross USFS (Aspen)
Aspen water ~Aspen Fire Div. of wildlife
Envir.Hlth. ___Basalt Fire BLM
Manager ___Carbondale Fire Snowmass Village
Zoning ___Div. Water Res. Caucus
Airport Mgr. ___State Forest Ser. Caucus
Sheriff ___CO Geo.Survey Homeowners
city P & Z ___state Hwy Dept. Open Space Board
____ Building Dept ___Clean Air Board Other:
DATE REFERRED: ~ t z (ot-z... INITIALS: 5'WDATE DUE: /0/'1
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RESOLUTION #: DATE:
PLAT OR SITE PLAN RECORDED AT BOOK PAGE(S)
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county Attorney ___County Engineer ___ Zoning
Housing ___Envir. Health ___ Applicant
open Space Bd.
other:
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FILED:
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MEMORANDUM
TO:
Leslie Lamont, Interim city Planning Director
FROM:
Kim Johnson, Planner
RE:
320 W. Main Condominiumization
Approval
Planning Director
DATE:
July 11, 1994
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SUMMARY: The applicant wishes to condominiumize an existing office
complex consisting of two buildings on a parcel of 9,000 square
feet. This qualifies as a SUbdivision exemption to be approved by
the Planning Director pursuant to Ordinance 53, 1993. This
property is commonly referred to as the Smith-Elisha House.
BACKGROUND / FINDINGS: The original application to condominiumize
this property was submitted in September, 1992 by Alan Shada. The
proposal called for 11 office spaces and one residential unit to
be condominiumized within two existing buildings. It beCame
apparent that the change in state statutes adopted in July of 1992
would affect the city's condominium regulations. The applicant
proceeded under the City's then-current regulations through first
reading by city Council in November, 1992. The property was then
sold to the current owners, Scott and Caroline McDonald, who tabled
second reading several times in anticipation of amendments to the
City's condominium regulations.
The condominium regulations were amended by final adoption of
Ordinance 53, 1993 on November 8, 1993. This code allows the City
Planning Director to review and approve condominium applications.
The code revisions also remove the requirements for long term
residential leases and payment of affordable housing mitigation.
No development has occurred or is proposed at the property. No
increased impacts to public facilities is calculated.
REFERRALS: Engineering: Rob Thomson, Project Engineer, reviewed
the original application in 1992 and forwarded comments specific
to the platting requirements of the code. The amendments to
process established in Ordinance 53 have not altered the technical
aspects of a condo plat. Therefore, the comments from the City
Engineer (attached as Exhibit "A") are still valid and shall become
conditions of this Planning Director's approval.
RECOMMENDATION:
condominiumization
conditions:
Staff
of 320 W.
recommends approval
Main Street with the
of the
following
1. The applicant is required to submit a Final Plat on reproducible
mylar for approval by Engineering Department and record the plat
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with the Pitkin County Clerk and Recorder. It is recommended that
a blueline be submitted for review prior to the final SUbmission.
In addition to the standard information and required
certificates the plat shall include:
o A statement that the applicant agrees to Jo~n any
improvement district formed for the purposes of constructing
improvements in the public right-of-way.
o Owner's Certificate - besides the standard language it must
include a statement to the effect of..... In addition does
hereby acknowledge the encroachments, at the south property
line, into the pUblic right-of-way, and that if the retaining
wall is removed for any reason, any new structure will be
built inside the property line.
o City Engineer's Certificate - besides the standard language
it must include a statement to the effect of....in addition
does hereby acknowledge the encroachments shown hereon with
the conditions set forth in the owner's certificate.
o A statement to the effect that.. . title policy number
was used in preparation of this survey plat.
2. The submitted plat must reflect the parking variation
previously granted by the Historic Preservation Committee and the
Planning and Zoning Commission condition that the two parking
spaces directly north Of the main structure's rear stairs must be
designated for compact cars only.
3. All material representations made by the applicant in the
application shall be adhered to and considered conditions of
approval, unless otherwise amended by other conditions.
4. The condominium plat shall be recorded in the office of the
Pitkin county Clerk and Recorder within 180 days of its approval
by the Planning Director. Failure to do so shall render the plat
invalid and a new application and approval will be required.
the
Condominiumization
for the 320
Leslie La
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ATTACHMENTS: "A" - Engineering Referral Memos dated oct.5, 1992
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MEMORANDUM
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To: Kim Johnson, Planning Office
From: Rob Thomson, Project Engineer, RsI
Date: October 5, 1992
Re: 320 W. Main Street Condominiumization
Having reviewed the above application, and having made a site inspection, the engineering
department has the following comments:
1. The applicant is required to submit a final plat on reproducible mylar for approval
by engineering department and record the plat with the PItkin County Clerk and
-Recorder. It is recommended that a blueline be submitted for review prior to the
final submission.
In addition to the standard information and required certificates the plat shall
include:
, A statement that the applicant agrees to join any improvement district formed
for the purposes of constructing improvements in the public right-of-way.
, Owner's Certificate - besides the standard language it must include a statement
to the effect of.....In addition does hereby acknowledge the encroachments, at the
south property line, into the public right-of-way, and that if the retaining wall is
removed for any reason, any new structure will be built inside the property line.
, City Engineer's Certificate - besides the standard language it must include a
statement to the effect oL.in addition does hereby acknowledge the encroachments
shown hereon with the conditions setforth in the owner's certificate.
, A statement to the effect that...title policy number _ was used in preparation
ofthis survey plat.
cc: Chuck Roth, City Engineer
rt/CASELOAD92.026
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MEMORANDUM.
To: Kim Johnson, Planning Office
From: Rob Thomson, Project Engineer f':.:T
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Date: October 5, 1992
Re: 320 W. Main Street Condominiumization - additional comments
Please include the following t.o the engineering departments previous comments:
1. From a prior review of this property, the HPC granted a variation for a reduction in
the required spaces, finding that the maximum number of parking spaces are included on-
site. The application drawings depicted five spaces. along the alley of Block 44. Further,
P & Z approved that the two spaces directly to the north of the main structure's rear
stairs be designated for compact cars only. The submitted plat must reflect these
conditions.
cc: Chuck Roth, City Engineer
rt/CASELOAD92.026a
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CONDOMINIUMIZATION APPLICATION
This Application is made on behalf of Alan Shada, owner of
property described as the smith-Elisha House, located at 320 W.
Main Street, Aspen, Colorado on Lots N, 0, P, Block 44, Townsite of
Aspen. The present zoning is O-Office with Main Street Historic
District Overlay.
The Property consists of the "main house" and the adjacent
"carriage house", to be included in the condominiumization.
Main House. The main house consists of nine office spaces,
which are to be condominiumized, which share as limited common
elements, the hallways and restroom areas.
Carriaqe House. The adjacent Carriage House consists of two
offices, downstairs, and a residential upstairs containing a one-
bedroom apartment. 1- '/pol -
The Applicant requests condominiumization of the residential
unit as part of the requested condominiumization. The owner will
maintain the residential unit for himself. Pursuant to the new
Colorado Common Interest Ownership Act, it is our understanding
that there will not be separate requirements for condominiumization
of this residential unit since there will be no change in the
structure of ownership.
Attachments.
1. Vicinity Map
2. Pre-Application Summary
3. Disclosure of Ownership
4. Consent of Owner for Representation
5. Check in the amount of $1002.00 for application fee
6. Floor plans of Main House and Carriage House
7. Survey
Respectfully submitted,
~ickett
MCFlynn Pickett,
320 W. Main st.
Aspen, CO 81611
P.C.
shada\cOIldomin.npp
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CONSENT TO LAND USE APPLICATION
That the undersign Alan J. Shada, Jacqueline G. Shada and
William J. Shada, being the owners of the property described as
Lots N, 0, P, Block 44, Townsite of Aspen, County of Pitkin, State
of colorado, hereby consent to the submission to the City of Aspen
by MCFlynn & Pickett, P.C., an application for condominiumization
for the subject property.
30
sbada\cosent.sha
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ASPEN/PITKIN PLANNING OFFICE
Agreement for Payment of City of Aspen Development Application Fees
CITY OF ASPEN (hereinafter CITY) and /{tCI..-,A ~ftl-
(hereinafter APPLICANT) AGREE AS FOLLOWS:
1. APPLICANT has submitted to CITY an application for
(') IlA. J' ~ -SL..dk. "- ~ 0 ^5
(hereinafter-; THE PROJECT).
2. APPLICANT understands and agrees that City of Aspen Ordinance
No. 44 (Series of 1991) establishes a fee structure for Planning Office applications
and the payment of all processing fees is a condition precedent to a determination
of application completeness.
3. APPLICANT and CITY agree that because of the size, nature or
scope of the proposed project, it is not possible at this time to ascertain the full
extent of the costs involved in processing the application. APPLICANT and
CITY further agree that it is in the interest of the parties to allow APPLICANT
to make payment of an initial deposit and to thereafter permit additional costs to
be billed to APPLICANT On a monthly basis. APPLICANT agrees he will be
benefited by retaining greater cash liquidity and will make additional payments
upon notification by the CITY when they are necessary as costs are incurred.
CITY agrees it will be benefited through the greater certainty of recovering its full
costs to process APPLICANT'S application.
4. CITY and APPLICANT further agree that it is impracticable for
CITY staff to complete processing . or present sufficient information to the
Planning Commission and/or City Council to enable the Planning Commission
and/or City Council to make legally required [mdings for project approval, unless
current billings are paid in full prior to decision.
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5. Therefore, APPLICANT agrees that in consideration of the CITY's
waiver of its right to collect full fees prior to a determination of application
completeness, APPLICANT shall pay an initial deposit in the amount of $
which is for hours of Planning Office time, and if actual recorded costs.
exceed the initial deposit, APPLICANT shall pay additional monthly billings to
CITY to reimburse the CITY for the processing of the application mentioned
above, including post approval review. Such periodic payments shall be made
within 30 days .of the billing date~ . APPLICANT further agrees that failure to pay
such accrued costs shall be grounds for suspension of processing.
CITY OF ASPEN
BY:~~
Di e Moore
City Planning Director
APPLICANT
BY:~~...
Date: 'J- r -- 9"2--
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For Planning Office Use
Case Number
Case Name
Deposit or Flat Fee Amount:
Referral Fees: Engineer:
Housing:
Environmental Health:
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Project Name
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ATrAaIMENl' ~
rAND USE APPIJ:CATIOO' EORM
Smith-Elisha Condauiniums
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Project location
320 W. Main Street
Aspen, CO 81611 (Lots N, 0, p. Block 44. Townsite of As)JE'm1
(iniicate stJ:eet adh'ess, lot & block IIUlliJer, l.egal. descri:ption wheY:e '.
awrqriate)
3} Present Zc:lrliDJ
o
4) lot size
5) l\{:Plicant's Name, Ad:D:ess & B10ne tI Alan Shada. PO Rnx :;>hl'>r \1;",+'" C'A Q:;>OR5
619-943-7888
6) ~ve'sName, l\ddress & B10ne it McFlynn & Pickett, p.e., 320
W. Main Street, Aspen, CO 81611 303-925-2211
7) ~ of l\{:P1ication (please d1eck all ~t aw!y) :
CoOOitiona1 Use
_ Ccn::eptual SPA
Final. SPA
_ Ccn::eptual Historic Dew.
_ ~i"l :Review
Final Historic Dew.
8040 Gl.:eel:lline
_ Ccn::eptual roD
Final. roo
Minor Historic Dew.
.j..
_ Sb::eam !mgin
Historic DeuDlition
M:untain view Plane Subdivision .
:;t.~on=~~
_ lot SplitjIat Line
1\dju"l..=.d.
_Historic ~ry1ation
_ ~ Allo\:m':!nt
-~~
8)
~r.H~.' f ""';-;~Uses ("""'"
~~~. 0 ~~~p ~
~te sq. ft.: p""""'x of l-h.",""",:
pxoperty) .
arxl qpe of existiD.J sI::rucbn:es:
art!f poav:iaJs awrovaJ.s. granted to the
Main House: 9 offices
Carriaqe House: 2 offices (downstairs) and residential aoortment upstairs
9) Descript:ion of Develop1r3It Arr>l ;cation
Conda:niniumization of all existing areas; no new configuration of spaces is
anticipated.
~O) Have you attached the followi.nJ?
-L.. Response to Att:ac:tmlent 2, Mi.nimJm Snm;=jon Cantents
...:..x..-.. Response to Att:ac:tmlent 3, Specific Snm; =ion Cantents
-A- RespCllIse to Att:ac:tmlent 4, Review Staroards for Yc:ur Arr1kation
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MEMORANDUM
TO:
Mayor and council
THRU:
Amy Margerum, City Manager
Directo~
THRU:
Diane Moore, city Planning
FROM:
Kim Johnson, Planning
DATE:
October 25, 1993
320 w. Main street (AKA the smith-Elisha property)
Request to Withdraw Second Reading of Ordinance 78,
Series 1992 for Subdivision Exemption for
Condominiumization and Vested Rights
RE:
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Scott and Caroline McDonald (the Applicants) and Planning staff
request that this item be withdrawn. This requ.est is made in
anticipation of code changes for the city I s condominiumization
regulations.
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APR , 6 \993
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Kim Johnson
planning Dept
City of Aspen
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Regarding 320 W. Main St. condominiumization.
Date: April 16. 1993
Kim,
Thank you for your attention to this matter. We have
decided again to wait for the fee change on the residential unit
involved. Would you please postpone the City Council reading to
August 1993.
Sincerely.
;J~\
Scott and Caroline McDonald
109 N 2nd St.
Aspen, Co. 81611
925-8743
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MEMORANDUM
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TO:
Mayor and City Council
THRU:
Amy Margerum, City Manager
THRU:
Diane Moore, city Planning Director
FROM:
Kim Johnson, Planning
DATE:
October 25, 1993
RE:
320 W. Main Street (AKA the Smith-Elisha House)
Subdivision Exemption for Condominiumization and Vested
Rights, Second Reading of Ordinance 78, Series of 1992
=================================================================
SUMMARY: The Planning staff recommends approval on second reading
of Ordinance 78. The ordinance includes language reflecting that
certain risks are undertaken by the applicant in regards to
anticipated text amendments, and that if adopted, these amendments
may result in the lifting of requirements currently in place.
BACKGROUND: Council is currently reviewing amendments to the land
use regulations for condominiums prompted by the Colorado State
Legislature's adoption of limitations in 1992 that may affect the
affordable housing mitigation criteria contained within Aspen's
condominiumization regulations. The applicant for the 320 W. Main
condominiumization had tabled second reading of Ordinance 78
numerous times in order to wait for the outcome of the text
amendments, but has now determined to proceed with second reading
of Ordinance 78 as written.
CURRENT ISSUES:
Referral Comments:
Enqineerinq: Having reviewed the above application, and having
made a site inspection, the Engineering" Department has the
following comments:
1. The applicant is required to submit a Final Plat on
reproducible mylar for approval by Engineering Department and
record the plat with the PItkin County Clerk and Recorder.
It is recommended that a blueline be submitted for review
prior to the final submission.
In addition to the standard information and required
certificates the. plat shall include:
o A statement that the applicant agrees to join any
improvement district formed for the purposes of constructing
improvements in the public right-of-way.
o Owner's Certificate - besides the standard language it must
include a statement to the effect of..... In addition does
,....,
,-"
hereby acknowledge the encroachments, at the south property
line, into the public right-of-way, and that if the retaining
wall is removed for any reason, any new structure will be
built inside the property line.
o city Engineer's Certificate - besides the standard language
it must include a statement to the effect of....in addition
does hereby acknowledge the encroachments shown hereon with
the conditions set forth in the owner's certificate.
o A statement to the effect that...title policy number
was used in preparation of this survey plat.
2. From a prior review of this property, the HPC granted a
variation for a reduction in the required spaces, finding that the
maximum number of parking spaces are included on-site. The
application drawings d~~ fiv~~2aces along the alley of Block
44. Further, P & Z a ~1:.1ie two spaces ciilfl =1:ly to the
north of the main structure's rear stairs be designated for compact
cars only. The submitted plat must reflect these conditions.
Review Standards: Pursuant to Section 24-7-1007 condominiumization
is exempt from the full SUbdivision process and shall be reviewed
by the Council. Condominiumization of conunercial space only
requires review of the submitted plat.
condominiumization of the one bedroom residential unit is sUbject
to the criteria of section 24-1-1007.A.1. (listed below). Until
Aspen's code is officially amended, staff must review
condominiumizations under the existing requirements, which are
intended to mitigate loss of affordable housing due to
condominiumization. ..
a. Existing tenants must be notified that the units are for sale.
There are no long term or short term tenants in the unit at this
time, so this requirement does not apply.
b. In the O-Office zone district, minimum lease periods shall be
restricted to six month minimum leases, with no more than two
shorter tenancies per year unless:
1) The immediate vicinity of the subject parcel is
characterized predominantly by lodges or other units which are
permitted to be used as short term accommodations;
2) There were not previously long term residents of the parcel
who were displaCed directly of indirectly by the proposed
condominiumization;
3) The parcel is in close proximity to the downtown area or
to major tourist recreational facilities; and
4) The Aspen Area Comprehensive Plan designates the subject
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neighborhood as appropriate for short term accommodations.
The Smith-Elisha House is f~anked by both commercial and tourist
accommodation properties. The unit has not been occupied for ~ong
term residency for over a year. The property is within walking
distance to the commercial core and is also on the Main Street bus
lines linking it with the free city shuttle to the base of Aspen
Mountain. The 1973 Land Use map indicates this area as single
family residential, however, the character and use of the subject
property as well as the neighborhood has become predominantly
commercial and lodge. Therefore, staff believes that a lease
restriction is not warranted.
c. Affordable Housing Impact Fee. Prior to staff signature of the
condominium plat, the applicant shall pay an affordable housing
impact fee of $4,700 for the one bedroom apartment or deed restrict
the unit to resident occupancy guidelines.
d. Inspection of the proposed condominium by
Department. The Building Department shall inspect
prior to filing the final plat.
C. Vested Rights: The applicant wishes to the vest the
condominiumization of this project for three years pursuant to
section 24-6-207. through the Ordinance adoption process.
the Building
the building
RECOMMENDATION: Staff recommends approval of the
condominiumization of 320 W. Main Street and vested rights for
three years with the following conditions:
1. The applicant is required to submit a Final Plat on reproducible
mylar for approval by Engineering Department and record the plat
with the Pitkin County Clerk and Recorder. It is recommended that
a blueline be submitted for review prior to the final submission.
In addition to the standard information and required
certificates the plat shall include:
o A statement that the applicant agrees to )01n any
improvement dil?trict formed for the purposes of constructing
improvements in the pUblic right-of-way.
o Owner's Certificate - besides the standard language it must
include a statement to the effect of:........ :'In addition does
hereby acknowledge the encroachments, at the south property
line, into the pUblic right-of-way, and that if the retaining
wall is removed for any reason, any new structure will be
built inside the property line~
o City Engineer's Certificate - besides the standard language
it must include a statement to the effect of:~:~n addition
does hereby acknowledge the encroachments shown hereon with
3
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the conditions set forth in the owner's certificate.H
o A statement to the effect that~title policy number
was used in preparation of this survey plat.
2. The submitted plat must reflect parking approvals previously
granted by the Historic Preservation committee and the Planning and
Zoning commission these conditions.
3. Prior to filing the final plat, the applicant shall pay a
condominiumization affordable housing impact fee of $4,700 (payable
to the city Finance Department with receipt forwarded to the
Planning Office) for the one bedroom unit, or deed restrict the
unit to resident occupancy guidelines to be filed with the Housing
Authority.
4. The Building Department shall inspect the building prior to
filing the final plat.
5. A SUbdivision Exemption Agreement shall be submitted and filed
concurrently with the condominium Plat.
6. All material representations made by the applicant in the
application and during public meetings with the City Council shall
be adhered to and considered conditions of approval, unless
otherwise amended by other conditions.
PROPOSED MOTION:
78, Series 1992
320 W. Main St.,
"I move to approve second reading of Ordinance
for the condominiumization of the structures at
also known as the smith-Elisha property."
CITY MANAGER COMMENTS:
Attachments:
Ordinance No. 78, 1992
4
NOV 17 '92 14:36 MCFLYNN 8< PICKETT PC
,-.,
TIMOTHY McFL.YNW
MARTHA C. PICKETT
'ALSO~TW:IIN~
Kim Johnson
City Planner
130 S. Galena street.
Aspen, CO 816.11
.~
McFLYNN & PICKETI'
l.AWVERS
A PROFESSIONAl. CORPORATION
THE SMITli.EUS..... "OU$I!:
"aowest MAIN STREET. SUITE 1
"'SPEN. COI.OR.'IDO '1""
November 17, 1992
RE:
8mi~h-Blisha CG~4o.i~i~i.a~ion
Dear Kim:
,
P.1/1 :
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TEL.r.PHQNe: (SQ$) !la~.2;l11
TEI.ECOPIER ClIOS) lla~.a44a
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Pursuant to our telephone c~mversation$, this l~tter is
intended as an amendment to our condominiUIII applica~ion tor the
smith-Elisha Propert.yas follows:
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1. Vested :Rights. We request that. the three-year vested
rights Joe applie4 to the condomlnlU111ization upon approv+
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2. SiX-Month Te:nancnr. We request exemption fr~ the six';'
month tenancy restriction pursuant to the city I.and Ose.
Code, Section 7-l007A(1) (b) (2) (a) because of its immedi~
ate proximity to other short-term 104ge8. '!'here are
several lodges in the close vioinity, for example th,
Swiss Chalet, Christmas Inh, and, the Innsbruck, with th.
Aspen Bed and Breakfast bein9 directly across the street~'
which have short-term rentals. ,
'I
:It. is ..y understanding that we are IIlcheduled for the Novembe*
23 City council. Please let me know if the staff has been able to
co~plete its work sessions with regard to how to address the one
residential unit in this office condominium complex. Thank you for
your continuinq cooperation.
MCPJUm
aIIlccIJoIluoo.IIt
Sincerely,
HcFLYNN & PICKETT, P.c.
By'~. pi.....