HomeMy WebLinkAboutcoa.lu.sp.Aspen Meadows.A8595
DATE RECEIVED:
DATE COMPLETE:
PROJECT NAME:
Project Address:
Legal Address:
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CASELOAD SUMMARY .SHEET
City of Aspen
7 114/95 PARCEL 10 AND CASE NO.
2735-121-29-007 A85-95
STAFF MEMBER: SC
ASPEN MEADOWS INSUBSTANTIAL AMEND. TO SPA
LOTS 7 - 10
APPLICANT: SAVANAH LIMITED PARTNERSHIP
Applicant Address:
REPRESENTATIVE: ROBERT HUGHES
Representative Address/Phone: 533 E. COOPER AVE.
Aspen. CO 81611
920-1700
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FEES: PLANNING
ENGINEER
HOUSING
ENV. HEALTH
TOTAL
$ 224
$
$
$
$ 224
# APPS RECEIVED 1
# PLATS RECEIVED
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REFERRALS:
City Attorney
City Engineer
Housing Dir.
Aspen Water
City Elec::tric
Envir.Hlth.
Zoning
DAT.E REFERRED:
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FINAL ROUTING:
_ City Atty
_ Housing
Parks Dept.
Bldg Inspector
Fire Marshal
Holy Cross
Mtn. Bell
ACSD
Energy Center
School District
Rocky Mtn NatGas
COOT
Clean Air Board
Open Space Board
Other
Other
INITIALS:
DUE:
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DATE ROUTED: 1;J. -I \ -CJ"l INITIAL:.i1:L
_ City E ineer
_ Open Space
_Zoning _Env. Health
Other:
FILE STATUS AND LOCATION:
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3854&5 B-793
SILVIA DAVIS
P-755 09/15/95 03:19P PG 1 OF 3
PITKIN COUNTY CLERK & RECORDER
REC
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AMENDMENT TO
"THE ASPEN MEADOWS" SPECIALLY PLANNED AREA
DEVELOPMENT AND SUBDIVISION AGREEMENT
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THIS AMENDMENT is made and entered into effective the r-- J ~y of July, 1995,
by and between the City of Aspen, Colorado, a municipal corporation and home rule city (the
"City"), acting by and through the Director of Community Development (the "Director")
pursuant to the provisions of Section 7-804 of the Land Use Regulations of the City of Aspen
(the "Code") and Savanah Limited Partnership, a District of Columbia Limited Partnership
("Savanah") with reference to the following:
RECITALS
1. The City and Savanah are parties to "The Aspen Meadows" Specially Planned
Area Development & Subdivision Agreement recorded January 25, 1992, in Book 667 at Pages
731, et seq., of the Pitkin County, Colorado real property records (the "SPA Agreement").
2. Savanah is the owner of Lots 7-10, The Aspen Meadows Specially Planned Area
(the "Residential Lots"), which were approved in the SPA Agreement for development of single-
family residences.
3. Subsequent to the development approval for the Residential Lots, the City adopted
Ordinance 35 (Series of 1995), which contains provisions that are inconsistent with the text of
the SPA Agreement insofar as the Residential Lots are concerned as a result of which, and
pursuant to the provisions of Section 7-804 of the City Code, Savanah has made application to
the Director for an Insubstantial Amendment to the SPA Agreement in order to conform the text
thereof to Ordinace 35 and thereby eliminate any confusion in the public as to permissible
building activities for the Residential Lots.
4. The Director has considered the application of Savanah and has determined that
the requested amendment to the SPA Agreement involves technical considerations that could not
reasonably have been anticipated during the process culminating in development approval for the
Residential Lots and is, therefore, prepared to authorize the request of Savanah as an
Insubstantial Amendment to the SPA Agreement.
NOW THEREFORE, in consideration of the foregoing Recitals and pursuant to the
provisions of Section 7-804 of the City Code, the parties hereby agree as follows:
First, the language that precedes subsection 1. Dimensional Requirements of Section II,G
of the SPA Agreement shall be and hereby is amended and revised to read in its entirety as
follows:
Lots 7, 8,9, and 10 are owned by Savanah and are zoned R-15 according
to the Plat. These lots are currently undeveloped. Each lot has received
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a development allotment under the City of Aspen GMQS and has received
certain variations from the minimum R-l5 zone district dimensional
requirements, as noted on the Plat and as described in Section II,G,l,
below. Each lot has been approved for the development of a single family
residence, together with an accessory dwelling unit, which shall be used,
occupied and rented in the manner provided in Section II,G,4, below.
Each lot has a developable FAR of 4,540 square feet, including the
accessory dwelling unit of 500 square feet above grade, but excluding a
garage to the extent of the exclusion therefor allowed under the provisions
of Chapter 24 of the Municipal Code. As of the date of this Amendment
those provisions provide that if an owner of one of the lots wishes to
construct a garage of 500 square feet, the developable FAR remaining for
the single-family residence and accessory dwelling unit would be reduced
by 125 square feet to 4,415 square feet. Each of the four single-family.
lots has a specific building envelope as shown on the Plat. In all other
respects development shall proceed in accordance with the Residential
Design Standards and FAR definitions contained in Chapter 24 of the
Municipal Code and any amendments thereto. Each owner, at anytime,
of any of Lots 7-10, inclusive shall be obligated to comport with and
abide by the applicable terms, provisions, and conditions of Ordinance 14
and the Plat.
Second, the parenthetical note following Section II.G.l.j), which reads"~ The
square footage includes an accessory dwelling unit of 500 sq. ft. and excludes a garage of up
to 500 sq. ft.)" is hereby deleted in its entirety.
IN WITNESS WHEREOF, this Amendment has been made and entered into as of the
day and year first above written.
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, a Colorado Municipal
SA V ANAH LIMITED PARTNERSHIP, a District of
C 13. 1 . ted Partnership
y: ASP.,en . ses International Inc., a
C do tion-, its general partner
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3854&5
B-793 P-757 09/15/95 03:19P PG 3 OF 3
STATE OF COWRADO )
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COUNTY OF PITKIN
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_ 1 The foregoing ins~ent w0 acknowledged before me this ~<; day of
~\.J ~ ' 1995, by ~f'\ ~ :l\JS\)f) as Director of Community
Deve1, . ent for The CIty of Aspen, Colorado, a mumclpal corporation..
~~~,'~:'~.'~~~.c;'~."... TNESS. ?IY han? a d official seal.
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COUNTY OF PITKIN )
The foregoing instrument was acknowledged before me this 137/f day of
~6ME~ , 1995, by Omar Benjamin as President of Aspen Enterprises International
Inc., a Colorado Corporation, general partner of Savanah Limited Partnership, a District of
Columbia Limited Partnership..
(SEAL)
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WITNESS my hand and official seal.
My commission expires:
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LAW OFFICES OF
OATES, HUGHES & KNEZEVICH
PROFESSIONAL CORPORATION
THIRD FLOOR. ASPEN Pl.AZA BUILDING
533 EAST HOPKINS AVENUE
ASPEN, COLORADO 8t611
LEONARD M. OATES
ROBERT W. HUGHES
RICHARD A. KNEZEVICH
TED O. GARDENSWARTZ
AREA CODE 970
TELEPHONE 920-1700
TELECOP1ER 920-1121
OAVID B. KELLY
July 7, 1995
OF COUNSEL:
JOH N THOMAS KELLY
Stan Clauson, Director
Aspen Community Development
Aspen City Hall
130 S. Galena St.
Aspen, CO 81611
Re: Lots 7-10, The Aspen Meadows Specially Planned Area
Dear Stan:
Kindly allow this to serve as formal application and request of Savanah Limited
Partnership ("Savanah"), the owner of the above-referenced property, for an Insubstantial
Amendment to The Aspen Meadows Specially Planned Area Development and Subdivision
Agreement recorded January 24, 1992 in Book 667 at Page 731 of the Pitkin County records
(the "SPA Agreement"). This request is made pursuant to the provisions of Section 7-804E of
the Land Use Regulations of the City of Aspen.
Section IIG on page 30 of the SPA Agreement provides in part that the above-
referenced four single-family lots:
"* * * will be subject to protective covenants that
will be placed of record prior to the sale of a...'y of
Lots 7, 8, 9 and 10, which covenants will, at a
minimum, provide for (a) the establishment and
incorporation of an association of homeowners with
a Design Review Board, at least one member of
which shall be designated by the City of Aspen
Historical Preservation Commission, which Board
shall have original jurisdiction in all matters
involving any change to the then existing state or
condition of any lot * * *."
Savanah has yet to sell any of the lots or to record protective covenants for the lots.
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OATES, HUGHES & KNEZEVICH, P.C.
Stan Clauson, Director
July 7, 1995
Page 2
Savanah was in the midst of preparing to record covenants pursuant to the SPA
Agreement when the City enacted Ordinance 35 (Series of 1995). Ordinance 35, with its
incorporation of new design standards and its provision for a Design Review Appeal Board,
effectively renders redundant the need for a private Design Review Board and private
architectural standards for the Meadows single-family lots as contemplated by the SPA
Agreement. In order to avoid the specter of a lot owner facing separate boards performing
essentially duplicative functions (with the attendant risk of inconsistent decisions) and, in
general, to simplify matters for prospective purchasers of the lots, Savanah would prefer to
amend the SPA Agreement to eliminate altogether the requirement of protective covenants, while
preserving in the form of an amendment to the SPA Agreement the other features that the
Covenants were to address.
We have accompanied this request with a proposed form of amendment. The
form of amendment will also serve to conform the FAR figures for the four lots to the
interpretive provisions of Ordinance 35 and will thereby eliminate confusion and inconsistency
between the existing text of the SPA Agreement (with its vested rights language) and current
regulations.
Thank you for your favorable consideration.
Sincerely,
, ~;~ 't;.
Robert W. Hughes
RWH/mlp
Enclosures
cc: John Worcester
rh \savanah\ltr .request
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THE CITY OF ASPEN
OFFICE OF THE (!TY ATTORNEY
June 21, 1995
Robert W. Hughes
Oates, Hughes &KD.e.zevich
533 East Hopkins Avenue
Asperi, Colorado 81611
'. Re: The Aspen.Meadows SPA Development and Subdivision Agreement.
Dear Bob:
.
You have. asked, on behalf of your client, Savanah Limited Partnership, for the City's
interpretation of Section G of t1teabove referenced document in light of the recently enacted
Ordinance No. 30; Series of 1995., Ordinance No. 30 adopts residential design standards and'
revises the method for calculating floor area ratios ("FAR"). Section G of the SPA Agreement
reads, in, relevant part, as follows:
Each lot has a FAR of 4540 square feet" excluding 500 square feet of garage, but
including the accessory dwelling unit of 500 square feet above grade. F ARs and
the definitions thereof for the residences and the accessory dwelling units shall
remain as set fo~ and defmed in the Aspen Land Use 'Regulations in effect as
of June 1, 1991, notwithstanding and shall survive for not less than the three year
period next succeeding June 10, 1991, any.subsequentlyadopted reduction in or
change to the definition or calculation of F ARs.. .
After conferring'with Stan Clauson, the City's current Planning Director, and Amy Margerum,
the Planning Director at the time the agreement was executed, the City's interpretation of the
agreement is .as follows:
. .
The three year vesting period referenced in the agreement has expired. Accordingly, Section G
of the agreement, as it relates to FAR definitions and the calculation used to establish FAR, is-
subject to the new ordinan~, Ordinance No. 30 did not exempt the Aspen.Meadows S,PA.
Ordinance No. 30 neither alters the method for calculating FAR for the lots in question nor does
it matenally alter the method for calculating ADU's (unless a detached ADU is contemplated.)
The 4540 square feet mentioned in the SPA agreement and the inclusi.on of the ADU in the 4540 ,
130 SOUTH GALENA STREET. ASPEN, COLORADO 81611 . PHONE 303.920.5055 " FAX 303.920.5119
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figure is, therefore, unchanged. The ordinance does, however, alter the method for calculating
PARs for garages. Thus, the PAR calculation for a garage would be subject to the new method
described in Ordinance No. 30; In addition, any development on. the affected lots would be
subject to. the design review standards adopted by Ordinance No. 30.
You have asked that the City consider adopting a mechanism for permitting the private
homeowners', design review board to coordinate their approval with the Design Review Board
of Appeals. As I understand your proposal, a variance from the applicable Residential Design
Standards could be granted by the affirmative vote of a committee of persons comprised of
members of bQth the private homeowners' design review board and the Design Review Board-
of Appeals. While we appreciate the concern that some applicants may be subjected to a "ping
pong" effect if their plans required the independent approval of two separate design review
committees, the final approval of any 'variances must, under the new ordinance, be granted by
the Design Review Board of Appeal. Your proposal would delegate variance approvals to a
committee that may not, in some instances, have the majority approval of the Design Review
Board of Appeals. The Cityjs wpling to consider a mechanism that would coordinate the appeal
process between the two. review boards, but all variances must ultimately be approved by the
Design Review Board of Appeals.
I trust this letter is responsive to your questions regarding this matter. I think you will find after
reviewing the new ordinance that your clients will riot be adversely affected by the changes.
While there may be a small penalty in PAR for constructing a 500 square foot garage, the built-
in FAR incentives to conform. with the design standards may well make up for the difference.
Based on our conversation earlier on this day in which I explained this interpretation to you and
your response, I am not planning to schedule a meeting with the Aspen City Council to review
the SPA Agreement. If you or your client~ have any additional questiOlis regarding this matter,
please let me know.
Sincerely,
~/J~
JohnP. Worcester,
City Attorney
Mayor and City Council
Ci~ Manager '
Planning Director
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06/01/1995 17:40
2026869788
JOHN SARPA JANCO
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SA VANAH LIMITED PARTNERSHIP
515 South Galena
Aspen, Colorado 81611
RECEIVED
JUN 1 :~r5
City Mana r's Office
June 1, 1995
Mayor John Bennett
City of Aspen
130 South Galena
Aapen, Colorado 81611
Response By:
By Date'
For:
J~
Dear John,
Attached please find a copy of the letter submitted to the Planning
and Zoning Commission on our behalf by Bob Hughes. It addresses our
request to exempt the Aspen Meadows SPA from the forthcoming
changes which may be enacted to the Design/FAR regUlations.
Although no action was taken on our request by the Commission, a
majority of the l!1embers appeared to be sympathetic to our position.
As you may be aware, we are currently cooperating with City staff
to incorporate many of the major provisions of the proposed new
design guidelines into our Homeowners Association for the. Meadows.
We believe very strongly that this action plus the significant
concessions we l!1ade to the underlying zoning at the Meadows during
the SPA process as noted in Bob's letter, achieves the same kind of
outcome envisioned by the proposed new regulations.
Thus, we ask your sincere consideration for our request. Thank you
and please feel free to contact l!1e or Bob should you have any
questions. We will be represented at the Council meeting on June 12
and prepared to discuss our request at that til!1e.
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May 16, 1995
JJAN!) D'I!!:~Tm
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Aspca Ie
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130 S, o,~ SCIeet
AlIpea, CO B 611
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~d~1IS to Floor Area Batlo CaleulatlOllt
Dear ~ Memban:
OIl of Sawnah Umited Partnership we have been asked to commend to you the
zeceot etforts the Aspen Community Development Staff, tile Aspen Historical Pn:savation
PIan:le: IIId . consultant, Solomon Af<'J\itectUre. ~ Ulban Deaign. in dealinl With. the
media-styled Rome' problem in Aspen. In aenent, Savanali endorses the ~proach
of Sta1f SIt in the p!OpOIed msolution as ~I both reasonable and eIIli.ghtened -
pertl""lisl'\y cIesign ltanclazds. In your dellbetatioIIJ of the proposed tesol.utilln and any
to City Councll,we' WlllI1d. 1I011elt...I~q, lib you to COIIsider the lollowiq:
1!l6I.:t.' :. a ~~' care ClIII. be made for. exA'''Iptl'l1 the R-19 Zone District from the
2lOIIiq cbaD recoliunaKled by die proposed resolution, a.stron& care call. be made lor
~ the Y IpJl1'IMld Aapa1 Neld9ws SpeclaI1y Planned Area'llla SubdiYiaioiL ' ...
~u~: .
~, Many of you wem involved in the IallthY lIIId extensive planning ~
that attended tile mudl awaited andcelebratcd filial approval of the Aspen
Meadows SPA, wIlichpaved the way for a secure 1UtuIe for our 1I000-protit
c:ukIIraI. insIit"tfnM.. AJ you may m:a11, . one of the componcnta of that
approval was t/Je creation of four single family lots - Lots 7-10 - at the
JOHN SARPA JANCO
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.J1.t.I 01 '95 10'.a:I't a:lTES Ii""""'\S I<I'EZEVIO-I
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OATeS, HUGHES 8r KNEZEVICH, P. C.
Bruce ICeIr, CJWrman
Aspen PlaII.Dina & Zenina Com".;ui""
May 16, 1m
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southem portiaIl of the old Meadows racetrack. InitialIy, Savanah had
conceived of these lots as .beh1& 15,000 square feet in area, but agreed to
dowDaize them. if you will, to 12,000 square feet. because of their
reIalIolllhip to the adjlU:Cl1t open space, the R-6 zoning across the street
and, most importantly, because of the fact that the dimensional features
of the bomea to be constrI1Cted 011 the Iota (4,540 square feet of FAR,
excludlnl a 500 square foot gamce, but including a 500 square foot
ac:cessory dweUinl unit) was acreed to and assured in the Aspen Meadows
. SPA ApeIlt_ These dimensional features were related less to the
square footqe of the lots Involved tban to the myriad other cOllsi3eralions
that were traded off and exchanied between the parties durini the
approval process, inc1udilll FAR p~sions which ale unique to these lots
~ ~.g., a m"""""'l'ily sized ADU which counts in It.r ~nttrety apinst tile
allowecl FAR. It goes virtually without saying that had Savanah 1cnown
!bat, a short tJuec (3) years after its asreement with the City, these
barpined tor dimensional fea1ures would be facing compromise, it wot1ld
never have qreed to reduce the size of the lots to 12,000 square feet and
would have assured the dimensional features of the homes by means of
larpr IDe Ilzea.
b.
The AIJlCIl Meadow. SPA Agreement manllates a dcaign IeView board for
the AspeD MadowJ LoIS, one of the mernbc:rs of which must be
d~a.."t~ by the AspeIi Blstoric:al PreservaliOll Commission.
Additiollally, the SPAApeement requila the. recOrdation of private
proteCtive' coveaants, which in ti1m incorporate. architel:tura1 guidelines
which were wrlguely developed for the Aspen. Meadows Lots. As a
pracdca1 matter, the guidelines incorporate and respond to most, if not all,
of the design issues addrwed in the propOsed resolution but, more
importaatIy, were c:reated espcdaIIy for this particular area and are more
applqlda/e tor this site than the desiglt guide1lncs contaiocd in the
proposed IIIOlutlon. which, of ""CeSSity, are mom general in nature. The
apprcMld buildiq envelope for the Aspen Meadows Lots are In contUct . _'
with some of the SIlt back and odIer provisions of the zollinJ chanps
contlllllpJatcd by tile proposed moludon. It seems unfair and onerous to
Rquire the ultimate puIdIaaers of lI10se lots to have to go back and either
amend 1be SPA or obtain a variance merely to build what all agreed to a
abort three ,..110.
06/01/1995 17:40 2026869788 JOHN SARPA JANCO
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OATES, HUGHES 8: lcNEZEVlcH, P. C.
Bruce Xcrr. ctWrman
AapeI1 P1aMini '" ZoninC COIIlDlisaion
May 16. 1995.
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c. The entire Aspen Meadows appzoval process was a unique and
unprec:cdeDted exe:cise in l1}'inc to determine just what was the sca1e. of
deve10pmeat at the Meadows that could economically sustain the ability
of SaV8Dahto give the. canlpUS land to the non-profit institutions. The
City actually enpaed its own economic advisers to cIetermine this critical
po.inI. The ICSlII.t. of course, was a precisely CIafted development plan,
ine1>td/". tile four sincIe-family lots. a seven unit toWnhome project and
petIIIisaIon to upgrade the exislin,l1'UStee townhomes which, while it
came IIOwhete near Savanah's reasonable and Jeeitirnate investment backed
expectalioas, held a slim potential for Savanah to :recoup some of its
investment, while die non-profits moved fQxward With the cUt of the
campus 1and, In these cimunstances, after Savanah. has already given the
IancI away, it would be manifeatly unfair to deprive Savanah of any part
of wbat it wu to receive in exchange.
= with respect to aarqea, we would commend to you the many woIl-reasoned
citizen com ts pIClented at laSt week's P&Z meeting. Altering the FAR exclusion for 500
squuc foot ilPlea striIra us as being unnecessarily counter-produc1l.ve to many long held
commllllity valAIcs. WhotIler we 11m it or 1IOt, the SOO square foot prale (2 cars and xeasonaole
stonae space) baa become sometIWIl ofa staple in this community, notjustfor the second home
owner, but ~ the local fIII1-timo resident with growing family, as well. . TUlkerin. with the
exclusion for prases is as likely as DOl. to result, not in a smaller home. but in sacrificecl garage
space, cars 04 the stzeet, telnpomy storage sheds, and unwarranted inconvenience to the
homeowner .....mixed bq. result at best.
Savanall is pIClendy in the mid,st of attemptinl to se11 the Aspen Meadows lots and, for
obviolll ~, has been. following the >><:aIled. "Monster Home. debate with keen intereat.
While, given ~ effort that Savanah put into the Aspen Meadows approVals, it was difficult
enouah to ~ any ad,lustmen.t to the 500 square fOOt garage exclusion, Savanah was
particularly di$Uayed to hlam.. that the adjustment of .25 squuc fCClt to prages between 250 and
600 Iquue feet that had been. mcommended by the City's private design con$U1tant at the "bl'DWl1
baa. lUDCb w~~::", on design stlIl)(fapjs was simply doubled to .SO at the- staff level fot DO
particuliarly . & reason. Wbile we do not at all t'cel that an adjustment to the 500 square
. foot prqe +ptlon is ucenVY', jf there must be an adjustment then let's start with. what the
paid expert COIl$l.ltl'"t J'f'WMl\)1!lIlds . more than that is simply punitive. .
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Once apID. and so that we do IIOt end this on other than a positiw nOle, on behalf of
Savanah we d4t wanlto .Cll.pJllSS our enthusiasm for the senctal approach. dlatthe CommUDity
Dc.wlopment and ape ttaff have taken to dale. They have done a remarkable job with a very
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OATES, HUO~ 8: ~VJOH, P. C.
Bruce Kerr, .
Aapea " ZoninJ COIIUlliaion .
. May 16, 1995 .
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diffil:u1t and ~al problem, We urp your favorable consideration Of their "work WI hoPe
that our CO~5, 15 set fardI above, can fuld their way into your recommendation to Council,
1baDk Jto'1 for your COPWI......tinn
SiaceIe1y,
OATES, HU0H2S &KNEZBVICB , r.c,
...
By:
Robert W. Hughes
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