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PITRIN COUNTY
BOARD OF ADJUSTMENT
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DATE ~EY I ~ ~~ ~ 1 q90 CASE # Q ~'J L r
APPLICANT ~ 1 LL IAA1 ~. O two. ~, PHLONE `{ Z"7-~`~~
MAILING ADDRESS ~~~ ~p~(e~ /• ~~(~j ~7/~QI~(f~~y~~5 ~ ~~~
OWNER _ LL JI LI lI,~AQ/L{ ~ • t~` i ~ PHONE % Z7~~
MAILING ADDRESS I,7 -f ~ ~TC.Ld~ti ~~~ /! ~~I~L
LOCATION OF PROPERTY ~ t~-(jbJ~~Vl~l,Oy~
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Any pertinent data must accompany this application, and will be
made part of this Case. The Board may return this application if
it does not contain all the fac/ts~ i}n q~u~es~t~io~n.
Applicant Signature 4~V~e~~'~'N~~ ~~
(To be completed by the Zoning Department)
Provisions of the zoning resolution requiring the Zoning Official
to forward this application to the Board of Adjustment, and
reasons for not granting a building permit:
0.C Zone District
Requesting: S' G Lot Size
~' Front Yard Setback Variance, where /a ~ ' is required.
' Rear Yard Setback Variance, where ' is required.
-~~' ' ~ ~ Side Yard Setback Variance, where 5 ~ ' is required.
Side Yard Setback Variance, where ' is required.
' Height Variance, where ' is required.
Square Feet where a maximum of sq. ft. is allowed.
Other:
Hardship:
/1 ~
Zoning Official{yi~~sF~~"-~>~0~/ ~/cSltip~GGr.-'~y~~- ~
Application filed U ~(D Date1~%fL~],p~. ~, ~ //C) .
Notices mailed "~ ~
Parcel D #~~/b7 3~3 ~~ 005 Secretary
00000 ~zi`,.,~
NOTICE OF PUBLIC HEARING
BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE
VARIANCE DESCRIBED BELOW:
Pursuant to Pitkin County Resolution of June 5, 1955, as
amended, a Public Hearing will be held in the City Council
Chambers, City Hall, First Floor, Aspen, Colorado (or at such
other place as the meeting may then be adjourned) to consider an
application filed with the said Board of Adjustment requesting
authority for variance from the provisions of the County Zoning
Resolution.
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 your 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
other 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:
Name and Address of Applicant:
October 2, 1990 at 5:15 pm
William H. Howell
1591 Gateway Road
Snowmass, CO 81654
Property Location or Description:
Lot 3, Block 3, Filing 2
Gateway to Snowmass Subdiv.
Requesting approval for an 84 foot front yard setback variance
and a 20 foot southeast side yard setback variance, where 100
feet and 50 feet, respectively, are required in the RS-30 zone
district, for construction of a detached residential garage.
Granting of this approval would place the garage 16 feet from the
Howell's front yard property line and 30 feet from the Howell's
southeast side yard property line.
Duration of Variance: Temporary
Permanent• X
THE PITKIN COUNTY/B/7OARD OF ADJUSTMENT
J ~ ~(
Cindy Christensen, Secretary
~O~~~o
#6 Requirement
Dear Pitkin County Board of Adjustors,
September 11, 1990
William H. Howell
1591 Gateway Road
Snowmass
CO 81654
It is my desire to erect on my property (Lot 3, Block 3, Filing 2) a
garage (one car plus workspace).
It is my understanding that in Gateway Mesa Subdivision that most
all building projects need zoning variances, since we are zonedfor 30 acres,
which technically requires a 100-foot setback.
Topographically, this is quite out of the question, given the
narrowness and slope of our 1.1 acre. Where I have located the proposed
garage represents a site about equally set back as my house and this site is
not only the best location for my purposes, but also is, given the valuable
and ancient juniper trees and the configuration of our existing house
layout, the only location possible.
Therefore, I am asking the Board of Adjustors for a setback variance
so that I might build a garage.
Thank you for your time and consideration.
Sincerely,
~~ ~ ~~~~~
William H. Howell
000003
#9 Requirement
LIST OF ADJACENT PROPERTY OWNERS
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2. Lloyd and Gertrude Koenck
David Koenck and Susan Murphy
Box 8734
Aspen, CO 81612
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P. D , t3 arc= ~ y C~7
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5. Joseph T. Zoline
Continental Bank Trustee of
the Erling Hansen Trust
6224 North Canyon Drive
Beverly Hills, CA 90210
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#3 Requirement List
(VAE) LEGAL DESCRIPTION
6720 2467-343-05-005 14 JTI BF
Howell, William H.
Howell, Barbara J.
1591 Gateway Road
Snowmass
CO 81654
LOT 3, BLOCK 3, Second Filing
Gateway of Snowmass Mesa Subdivision
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1SPEN/PITKIN PLANNING OFFIC
130 South Galena Street
Aspen, Colorado 61611
(303) 920-5090
LAND USE APPLICATION F EES
city
00113 -63250-134 GMP/CONCEPTUAL
-63270-136 GMP/FINAL
-63260-137 SU B/CONCEPTUAL
-63300-139 SUB/FINAL
-63310-140 ALL 2-STEP APPLICATIONS
-63320-141 ALL 1-STEP APPLICATIONS/
CONSENT AGENDA ITEMS
REFERRAL FEES.
00125 -63340-205 ENVIRONMENTAL HEALTH
00123 -63340-190 HOUSING
00115 -63340-163 ENGINEERING
SUBTOTAL
County
00113 -63160-126
-63170-127
-63180-128
-63190-129
-63200-130
-63210-131
-63220-132
X3230-133
-63450-146
GMP/GENERAL
GMP/DETAILED
GMP/FINAL
SUB/GENERAL
SUB/DETAILED
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/
l CONSENT AGENDA ITEMS
BOARD OF ADJUSTMENT
REFERRAL FEES:
00125 -63340-205 ENVIRONMENTAL HEALTH
00123 -63340-190 HOUSING
00113 -63360-143 ENGINEERING
PLANNING OFFICE SALES
00113 -63060-122 CITY/COUNTY CODE
-63090-123 COMP. PLAN
-63140-124 COPY FEES
-69000-145 OTHER
SUBTOTAL - -
TOTAL rX'
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Name: ll`~"/~1.
~G.(/-P.~ ~ Phone:
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Address: Project_ ~~
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Check # ~ --1-- Date: 7 ' ~~ '
Additional billing: #of Hours:_
000003 '~
County of Pitkin } AFFIDAVIT OF NOTICE BY
} ss. POSTING OF A VARIANCE AF'ARTNG
State of Colorado } BEFORE THE PITRIN COIINTY
BOARD OF ADJIISTMENT
The undersigned, being first duly sworn, deposes and says as
follows:
I, ,~~~j~~l~ ~~~(_~ being or
representing an Applicant before the Pitkin County Board of
Adjustment, personally certify that the attached photograph
fairly and accurately represents the sign posted as Notice of the
variance hearing on this matter 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 ~~ '~ day of ~~P1E~~~ 19~~,
to the j~~N day of (r.ZiY~~J~~l
19
(Must be posted for at least nine (9) full days before the
hearing date). _
~~ APplicant~~ Signature
"~ Subscribed and sworn to before me
'~ ~ - -• ~~ this ~~ day of ~_ p~~~~~~.~ ,
~~
.~~ ~~~+ ~ 19 °~1~, by ~.c~,co ~~s~.~c~~r~
~~ ~ ~ ~_
HAND AND OFFICIAL SEAL.
WITNESS MY
~`
My Commission expires: 3 -\l~ 0.~~
~ \/
s<a~< ~ Notary Public's Signature
Address
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NOTICE OF PUBLIC HEARING
BEFORE THE PITKIN COUNTY BOARD OF ADJUSTMENT
TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED
ZONING VARIANCE DESCRIBED BELOW:
Pursuant to Pitkin County Zoning Resolution of June 5, 1955,
as amended, a Public Hearing will be held in the District
Courtroom, Pitkin County Court House, Aspen, Colorado, (or at
such other place as the meeting may then be adjourned) to
consider an application filed with the said Board of Adjustment
requesting authority for variance from the provisions of the
County zoning Resolution.
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 your 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.
DATE AND TIME OF MEETING: October 2, 1990 at 5:15 p.m.
City Council Chambers, City Hall
Shaw, Jenifer: renotification requesting a 30 foot front yard
setback variance, a 40 foot north side yard setback variance and
a 20 foot south side yard setback variance, where 100 feet, 50
feet and 50 feet, respectively, are required in the RS-30 zone
district, for a proposed addition to a single-family residence.
Property Location: 1472 Snowmass Creek Road, Snowmass.
Cheever, Eddie: renotification requesting a 68.5 foot front yard
setback variance (3.5 feet more for overhangs), where 100 feet is
required in the AF-1 zone district, a variance for the front yard
setback to permit the proposed front entryway to protrude 4 feet
from the front of the existing structure, for construction of a
proposed second level over an existing garage and for a proposed
addition. Property Location: 1054 South Starwood Drive, Lot R-
57, Filing 8, Stanwood Subdivision.
Melberg, Tom: requesting a 90 foot front yard setback variance
and a 20 foot rear yard setback variance, where 100 feet and 30
feet, respectively, are required in the AF-1 zone district, for
the construction of a single-family residence. Property
Location: Lot P, Little Texas Subdivision.
Fels, Jerry: requesting 46 additional square feet, where 2,208
square feet is allowed, in the R-15 zone district, for
construction of an addition to a single-family residence.
Property Location: Lot 1, Adams Subdivision.
Howell, William H.: requesting an 84 foot front yard setback
variance and a 20 foot southeast side yard setback variance,
00001
C~
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where 100 feet and 50 feet are required, respectively, in the RS-
30 zone district, for construction of a residential garage.
Property Location: Lot 3, Block 3, Filing 2, Gateway to Snowmass
Subdivision.
Welter, Colleen: requesting a 17 foot front yard setback
variance for an addition to a single-family residence, a 5 foot
rear yard setback variance for a fireplace and a 10 foot rear
yard setback variance for a dormer, where 30 feet, 20 feet and 20
feet, respectively, are required in the R-30 zone district.
Property Location: Lot 13, Block 2, Pitkin Green Subdivision.
Submitted to the Aspen Times
To Be Published in the Aspen
County PO # 47990
on September 18, 1990.
Times on September 20, 1990.
00001 s
Minutes
Pitkin County
Board of Adjustment
November 6, 1990
Members Present: Evan Gull, Acting Chairman John Ostwald
Ted Guy Stan Mathis
Members Absent: Kandi Shaffran Rick Neiley
Joanna Schaffner, of the Pitkin County Zoning Office, was present
with staff recommendations and comments.
Gull opened the meeting at 5:20 p.m. and introduced the Board to
those present. Gull stated that four members are needed for a
quorum, and four yes votes are needed for approval. Since only
four members were present at this meeting, a unanimous decision
must be reached for approval to be granted. Therefore,
applicants have the option to have their request tabled until the
December 4, 1990 meeting when more members may be present, or to
wait for Neiley, who was expected to arrive later in the meeting.
Barbara~Howell called the Planning and Zoning Office on Monday,
November 5, 1990, and requested that their application be
withdrawn.
Case #90 48 Walker John Lot A Smuaaler Grove
Jeremy Bernstein was present representing John Walker, requesting
a 5 foot south side yard setback variance where 30 feet is
required in the AF-1 zone district, and a 4 foot height variance,
where 12 feet is required for accessory structures per the Pitkin
County Land Use Code, for the approval of an existing, illegal
ranch gate.
Gull abstained from this case because he
Therefore, with only three Board members,
place as a quorum was not present.
is Walker's neighbor.
voting could not take
Bernstein requested, and the Board agreed, that testimony from Ed
Van Walraven, of the Fire Department, be heard at this time and
entered into the record. Van Walraven stated that for a fire
truck to pass beneath a structure, the minimum height necessary
for the structure is 13 feet 6 inches. An additional 6 inches of
clearance is suggested to allow for packed snow on the road
beneath the structure.
1
OO~~q/
Guy made a motion to table this case until a quorum is present.
Mathis seconded the motion and all were in favor.
Tom Gardner was present to request a 56 foot front yard setback
variance where 100 feet is required in the RS-30 zone district,
for construction of a detached, residential garage.
Using a survey, Gardner showed the Board where the proposed
garage would be located and the topography of the land. Lyn
Hancock, neighbor, was present to state his objections to this
request. Hancock's concern was that the garage would be too
close to the road. Gardner and Hancock discussed alternative
locations for the garage. Hancock feels that the garage should
be pushed back further from the road's right of way.
Hancock requested that a site visit be made and Gardner agreed.
Guy suggested tabling this case until a site visit could be made.
Guy made a motion to table this case to the site visit, scheduled
for Wednesday, November 14, at 8:30 a.m. Mathis seconded the
motion and all were in favor.
Darrell and Mary Wedam were present to request a 65 foot front
yard setback variance where 100 feet is required in the AF-1 zone
district, for construction of a single-family residence.
Darrell Wedam went into further detail of what he intends to do.
Mary Wedam stated that the subdivision covenants require a 30
foot front yard setback.
Gull asked if there were any comments from the public. There
were none.
After a brief discussion, Guy made a motion to grant a 65 foot
front yard setback variance as indicated on the plans submitted,
for the construction of a single-family residence, due to
topographical hardship. Ostwald seconded the motion and all were
in favor.
~.a 5c ~7c-ou. carnet. Snlrley 102 North Little Texas Lane
Shirley Carnel and architect, Roger Kerr, were present to request
a 90 foot front yard setback variance and a 20 foot rear yard
setback variance, where 100 feet and 30 feet, respectively, are
required in the AF-1 zone district, for construction of a
proposed addition to a single-family residence.
There was no one from the public present for comment. Kerr
presented photographs of how the house looks presently.
2
000015
After a brief discussion, Guy moved to grant a 90 foot front yard
setback variance and a 20' foot rear yard setback variance as
indicated on the plans submitted, due to nonconforming lot size.
Ostwald seconded the motion and all were in favor.
Case #90-51 Dolan Robert Lot 87 Starwood Subdivision
Randy Wedam was present representing Robert Dolan to request a 50
foot front yard setback variance where 100 feet is required in
the AF-1 zone district, for construction of a proposed addition
to a single-family residence.
The house was built in 1974 when the subdivision required a 50
foot setback from Eppley Drive. Dolan wishes to continue with
the same setback for the proposed addition. Wedam mentioned that
Dolan has already received Starwood Homeowners' Association
approval for this addition.
There was no one present from the public for comment.
Ostwald moved to grant a 50 foot front yard setback variance as
indicated on the plans submitted due to downzoning. Guy seconded
the motion and all were in favor.
Rod Tweet was present representing the City of Aspen to request a
55 foot front yard setback variance where 75 feet is required,
and a 64 foot major road setback variance where 100 feet is
required per the Pitkin County Land Use Code, for construction of
a temporary structure to cover the James E. Moore Pool.
Gull asked how the covered area would relate to the existing
fence and pool. Tweet explained that the structure will be
attached to the existing building, will be inside the existing
fence, and will cover the pool only.
Mathis moved to grant a 55 foot front yard setback variance and a
64 foot major road setback variance as on the plans submitted,
due to downzoning. Guy seconded the motion and all were in
favor.
Case #90-48 was brought to the table again, but Neiley had not
yet arrived. Bernstein requested that the case be tabled until
the January meeting since he was scheduled for court during the
December meeting, but informed the Board that he may need to
table the case until the February meeting if a January conflict
could not be resolved. The Board agreed to table the case until
January 8, 1991.
*****************************************************************
3
OOOIJ~ T)
The minutes of the October 2 meeting were approved as written.
It was also agreed by all Board members present that the January
meeting be rescheduled from January 1, 1991 to January 8, 1991.
The next meeting will be December 4, 1990, in City Council
Chambers, City Hall.
The meeting was adjourned at 6:30 p.m.
Respectfully Submitted,
Lc~eXu ~~ ~Gc~`(~=~u~.w-~
Cindy Christensen, Secretary
vv~C"~""~" i
Evan Gull, Acting Chairman•
~~~~~ 9
Minutes
Pitkin County
Board of Adjustment
October 2, 1990
Members Present:
Kandi Shaffran, Chairman John Ostwald
Rick Neiley Ted Guy
Evan Gull Stan Mathis
Joanna Schaffner, of the Pitkin County Zoning Office, was present
with staff recommendations and comments.
Shaffran opened the meeting at 5:20 p.m. and introduced the Board
to those present.
Annie Runyon was present, representing Jerry Fels, to request 46
additional square feet where a maximum 2,208 square feet is
allowed, for construction of an addition to a single-family
residence. This house currently exceeds the allowable floor area
by 1,276.5 square feet.
Shaffran read the letter by Dr. Barry Mink referring to Mrs.
Fels' illness and the need for live-in help. The proposed
addition is to accommodate Mrs. Fels' companion.
Shaffran asked if there were any members of the public present to
comment. There were none.
Schaffner stated that some of the excess floor area is because of
the cantilevered design of the house. Schaffner also stated that
the only possible location for the addition is what the plans
show.
After a brief discussion Shaffran made a motion to grant the 46
additional square feet, for the construction of an addition to a
single-family residence, as per the plans submitted, due to
downzoning. Ostwald seconded the motion and all were in favor
(Ted Guy chose not to vote to keep the vote at 5).
.Barbara Howell and Kim Grassfield, representing William Howell,
were present to request an 84 foot front yard setback variance
and a 20 foot southeast side yard setback variance, where 100
1
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• • ~
feet and 50 feet, respectively, are required, for construction of
a residential garage.
Grassfield explained that on this 1.1 acre lot, the terrain falls
off greatly toward the south. There are also some large trees on
the property that the Howell's do not want to remove. The
Howell's believe that the proposed location is the best possible
location for this proposed garage.
Shaffran asked if anyone from the public was present; no one was
present to comment on this case.
Gull brought up the requirements for the subdivision. Gull
believes that the subdivision covenants will not allow the
Howell's to be as close to the road as the Howell's are
proposing. The Board cannot provide any relief from the
restrictions set up by the subdivision's covenants, therefore,
the Howell's need to be aware of what these restrictions are and
abide by them or go through the subdivision's process.
Because of a lack of information needed to give an appropriate
and correct setback variance, it was moved by Guy, and seconded
by Mathis, to table this case until the next meeting, to be held
on November 6, 1990. All were in favor (with Shaffran choosing
not to vote).
Case #90-43. Melberg Tom Lot P Little Texas Subdivision
Tom Melberg was present to request a 90 foot front yard setback
variance and a 20 foot rear yard setback variance, where 100 feet
and 30 feet, respectively, are required in the AF-1 zone
district, for construction of a single-family residence.
Neiley stated that he did not have a problem with the request
since it remains consistent with previous Little Texas variance
requests.
There were two neighbors present, Pete Godfrey and Dan Powell, to
state that they had no objections with what Melberg is proposing.
Shaffran made a motion to grant a 90 foot front yard setback
variance and a 20 foot rear yard setback variance, due to
downzoning, as per the plans submitted. Neiley seconded the
motion and all were in favor (with Ostwald choosing not to vote).
Case #90-46. Welter. Colleen Lot 13 Block 2 Pitkin Green
Subdivision
Colleen Welter, Doug Ryan and Denis Cyrus, Architect, were
present to request a 17 foot front yard setback variance for an
addition to a single-family residence, a 5 foot rear yard setback
variance for construction of a fireplace, and a 10 foot rear yard
setback variance for construction of a dormer, where 30 feet, 20
2
0000 `]
feet and 20 feet, respectively, are required in the R-30 zone
district.
Cyrus submitted a revised footprint of the house and floor plans.
This does not change the setbacks requested.
Shaffran asked if there were any comments from the public.
Neighbors Justine Kirk and Sirous Saghatoleslami stated that they
had no objections to what is being requested.
Neiley asked Saghatoleslami if the Homeowners' Architectural
Review Committee had reviewed the plans and he stated that they
do not review the plans as far as the variance requested, but as
to the design of the house, materials of the house and the
height.
Mathis made a motion to grant a 17 foot front yard setback
variance for an addition to a single-family residence, a 5 foot
rear yard setback variance for construction of a fireplace, and a
10 foot rear yard setback variance for construction of a dormer,
due to topography and the way the drive enters onto the property,
as per the submitted plans. Guy seconded the motion and all were
in favor (with Gull choosing not to vote).
*****************************************************************
The minutes of the September 11 meeting were approved as written.
The next meeting will be November 6, in City Council Chambers,
City Hall.
The meeting was adjourned at 6:15 p.m.
Respectfully Submitted,
Cindy L. hristensen, Secretary Kandi Shaffran, Chairperson
3
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~SP,EN/PITKIN P
130 South Gal~enaN!~ir-' OFFI~
Aspen, Colorado 81871
LAND USE APPLICATION FEES (ao3~ s2o-Soso
city
00113
00125
00123
00115
County
00113
00125
00123
00113
PLANNING OFFICE SALES
00113 -63080-122
-63090-123
-63140-124
-69000-145
-63250-73q
-63270-136
-63280-137
-63300-139
-63310-140
-63320-141
REFERRAL FEES
-63340-205
-63340-190
-63340-163
GMP/CONCEPTUAL
GMP/FINAL
SUB/CONCEPTUgL
SUB/FINAL
ALL 2-STEP AppLICATIONS
ALL 1-STEP APPLICATIONS/
CONSENTAGENDA ITEMS
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
SUBTOTAL
GMP/GENERAL
GMP/DETAILED
GMP/FINAL
SUB/GENERAL
SUB/DETAILED
SUB/FINAL
ALL 2-STEP APPLICATIONS
ALL 1-STEP APPLICATIONS/
CONSENTAGENDq ITEMS
BOARD OF ADJUSTMENT
-63160-128
-63170-127
-63180-128
-63190-128
-63200-130
-63210-131
-63220-132
-63230-133
-63450-iqg
ENVIRONMENTAL HEALTH
HOUSING
ENGINEERING
REFERRAL FEES:
-63340.205
X3340-190
-63360-1q3
CITY/COUNTY CODE
COMP pLgN
COPY FEES
OTHER
~f SUBTOTAL
Narrre: _S~vz ,6,f,„, . ~/~ TOTAL
Address. -~~1-/ V~~~ Phone:
Project ° ;~/ ~,
Check # ,,, s i, -1. ~~' ~,`-I
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Additional billing: Date: ~ ~
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