HomeMy WebLinkAboutpitkin.planning.246734400009 (2)DOCUMENT LAYOUT
THIS FILE MAY OR MAY NOT CONTAIN ALL OF THE INFORMATION
LISTED BELOW IN THE FOLLOWING ORDER
Summary Sheet
Resolution for the BOCC and/or P &Z
Ordinance for the BOCC and/or P &Z
Determination for the Hearing Officer
Administrative Determination
Staff Memo
Application
Public Notice, Acceptance Letter, Referral(s) Letter
Site Plan
Miscellaneous
Plat copies (11x17)
PARCEL ID: 2467- 344 -00 -009 DATE RCVD:' 6126/1996 # COPIES: CASE
CASE NAME: Adriani Re- Establishment of Vested Rights Planne
PROJ ADDRI 1468 Snowmass Crk Rd Lot 6 Oh Be Joyful Acres
OWN /APP:Smith,Tom ADRF C /S /Z:F PHK
REP: I ADR:� C /SIZ:I PHN:I
Email Addr: ALLOCATED HOURS:
FEES DUE: FEES RCVD:— % OVER: �.
REFERRALS
REF: BYF DUE:
MTG DATE REV BODY PH NOTICED DATE OF FINAL ACTION: 1116/1996
1 11611 9 9 6 BOCC I �— BOCC Reso: 96 -291 #399167
F F— BOCC Ord:
REMARKS no vesting PZ:
HRG OFF:
CLOSED: BY: HO INDEX: F
ADMIN:
PLAT RECORDED— PLAT (BK,PG): n/a ADMIN INDEX:
VR APPROVAL DATE: �— VR EXPIRES: —
CASE TYP: Re- Establishment of Vested Rights CASE TYP5:
CASE TYP2: CASE TYP6:
CASE TYP3: CASE TYP7:
CASE TYP4: Date Scanned: 12/12/11
File Location: FF Box #211
WL — . _._ —
CAST 7AD SUMMARY SHEET - PITKIN " -IUNTY
DATE RECEIVED: 6/26/96
DATE COMPLETE:
PARCEL ID # 2467 - 344 -00 -009
PROJECT NAME:
Adriani Re- Establishment of Vested Rights
Project Address:
1468 Snowmass Creek Rd., Pitco
APPLICANT:
Mario & Teena Adriani
Address/Phone:
1468 Snowmass Creek Rd., Pitco
REPRESENTATIVE: Tom Smith
Address/Phone: 600 E. Hopkins, Aspen Suite 205 - - - -- 925 -2600
FEES: PLANNING
$1050
#APPS RECEIVED 12
ENGINEER
$0
# PLATS RECEIVED 12
HOUSING
$0
ENV HEALTH
$0
TYPE OF APPLICATION:
CLERK
$105
One Step
TOTAL
$1155
AMT. RECEIVED $1155
REFERRALS
10 County Attorney
County Engineer
Zoning
Housing
❑ Environmental Health
Sheriff
Land Management
❑ Risk Manager
❑ Airport Manager
❑ Floodplain Administrator
❑ Open Space Board
DATE REFERRED:
It
CASE # P 79 -96
STAFF: Ellen Sassanc
r..
14 CO State Forest Service
�f CO Division of Wildlife
❑ CO Geological Survey
❑ CO Div of Water Resources
❑ US Forest Service - Aspen
❑ US Forest Service - Sopris
❑ CDOT
❑ BLM
Caucus: /*wt '�/ 41
Homeowners' Association
❑ Other:
❑ Aspen Fire
56 Basalt Fire
❑ Carbondale Fire
❑ Aspen Water
❑ Aspen P &Z
❑ Clean Air Board
❑ ACSD
❑ Rocky Mtn Natural Gas
❑ Holy Cross Electric
❑ Aspen School District
❑ Other:
INITIALS: / DATE DUE: -L4±-
APPROVAL: Resolution /Ordinance # Date:
Staff/Hearing Officer Approval Date:
Plat/Site Plan Recorded Book Page
CLOSED/FILED DATE: INrpIALS:
ROUTE TO:
* vi CoYn ie1--e. 714g ie.
399168 11/18/1996 02:00P PG 1 OF '7 REC DOC
q SILVIA DAVIS PITKIN COUNTY CLERK & RECORDER 0.00
RESOLUTION OF THE BOARD OF COUNTY COMIVHSSIONERS OF PnFKIN
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COUNTY, COLORADO, GRANTING EXTENSION OF VESTED REAL PROPERTY
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RIGHTS FOR THE ADRLANI PROPERTY
Resolution No. 96- X 1 -5
Mario and Teena Adrian (hereafter "Applicants have applied to the Pitkin County
Board of County Commissioners (hereafter "Board's for consideration of an extension of vested
real property rights pursuant to Section 4- 140 -30 of the Land Use Code.
2. Pursuant to Resolution 88 -111, the Applicants received approval to deed restrict an
existing house as an employee dwelling unit, and to construct a new free market residence within
a building envelope which received administrative 1041 Hazard Review approval.
The subject property is located at 1468 Snowmass Creek Road, more specifically
described in Exhibit "A."
4. The Board considered the request at its regularly scheduled meeting of November 6,
1996, at which time evidence and testimony were presented with respect to this application.
5. The Board determined that the proposed development meets the criteria established in
Section 4- 140.30 of the Land Use Code, and, therefore, found the extension to be appropriate.
6. The revised Land Use Code became effective on June 12, 1994, and the Board may
impose conditions on the extension to reflect changes in the new Code.
NOW, THEREFORE, BE IT RESOLVED by the Pitkin County Board of County
Commissioners that it does hereby grant an extension to the vesting period for the Adrian
property until November 6, 1999, with the following conditions of approval:
NOT
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399166 1/18/1996 02: O @G PIG 2 ^7
Resolution No. 96-391
Page 2
The applicant shall comply with the following landscaping and wildfire defensible space
mitigation standards:
A. Brush, debris,'' and non - ornamental vegetation shall be removed within a minimum
10 foot perimeter around the structure.
B. Vegetation shall be reduced to break up the vertical and horizontal continuity of the
fuels a minimum of 80 feet on the downhill side of the residence and up to 50 feet
on the sides and upslope side of the residence.
C. Spacing between clumps of brush and vegetation within the perimeter noted above
shall be a mmunum of two times the height of the fuel. Maximum diameter of the
clumps shall not exceed 10 feet. All measurements shall be from the edges of the
crowns of the fuel.
D. All branches from trees and brush within the perimeter noted above shall be pruned
to a height of 10 feet above the ground and ladder fuels from around trees and brush
shall be removed.
E. Tree crown separation within the perimeter noted above shall have a minim of 10
feet between the edges of the crowns.
F. All branches which extend over the roof eaves shall be trimmed and all branches
within 15 feet', of the chimneys shall be removed.
G. The density of fuels within a 100 foot perimeter of the structure shall be reduced.
H. All deadfall within the 100 foot perimeter shall be removed.
L The applicant shall be responsible for the continued maintenance of the defensible
space vegetation requirements.
it
2. The applicant shall comply with the following additional wildfire mitigation standards:
A.
Roof construction shall be Class A, non - combustible material with no flat roofs.
B.
Vents shall be screened with corrosive resistant wire mesh with mesh '' /< inch
maximun.
C.
Roofs and gutters shall be kept clear of debris.
D.
Yards shall be kept clear of all litter, slash, and flammable debris.
E.
All flammable materials shall be stored on a parallel contour a minim of 15 feet
away from any structure.
F.
Weeds and grasses within the 10 foot perimeter shall be maintained to a height not
more than 6 inches.
G.
Firewood/wood piles shall be stacked on a parallel contour a minim of 15 feet
away from the structure.
H.
Swimming pools shall be accessible to Fire Department vehicles.
I.
Fences shall be kept clear of brush and debris.
J.
Wood fences, shall not connect to the structure.
K.
Any outbuildings or additional structures shall adhere to the same standards as
structures.
L.
Fuel tanks shall be installed underground with an approved container.
M.
Propane tanks shall be installed according to NFPA 48 standards and on a contour
away from the structure with standard defensible space vegetation mitigation around
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"'/18/1996 op:00P PG 3 OF -- '
Resolution No. 96- I
Page 3
any above -ground tank. Any wood enclosure around the tank shall be constructed
with materials approved for 2 hour fire - resistive construction on the exterior side of
the walls.
N. Each structure shall have a minimum of one 10 pound approved ABC fire
extinguisher placed in a visible and accessible location.
O. Addresses shall be clearly marked with 2 inch non - combustible letters and shall be
visible and installed on a non - combustible post.
P. Utility lines for the new residence shall be buried within the driveway.
Q. Interior sprinklering, and water storage to accommodate the system shall be
installed in the event that the new primary residence contains 5,000 square feet of
floor area, or more.
3. The following wildlife mitigation measures shall be adhered to:
A. Dogs shall be kenneled or leashed.
B. All fencing shall be 42 ", 4 strand or less with a 12" kickspace between the top
two strands. Any rail fencing shall be 42 ", 3 rail or less with at least 18" between
the top two rails. New fencing shall be prohibited outside of the building
envelope, with the exception that existing fencing shall be brought into compliance
with fencing standards cited above as it is replaced, or shall be removed.
C. All utility extensions to the new residence shall be buried within the driveway
alignment
4. No new development, including grading and vegetation removal or disturbance, shall occur
outside of the approved building envelope, with the following exceptions:
• Utility and driveway extension and maintenance
• Irrigation
• Noxious weed control
• Vegetation thinning and/or removal-as may be necessary to implement the wildfire
mitigation measures required elsewhere in this document.
• The septic system and well shall be located within the building envelope if possible, as
determined by the Environmental Health Department prior to issuance of a building permit.
5. Prior to issuance of a building permit for the new free market residence, the existing
residence shall be deed restricted to comply with employee dwelling unit guidelines for
rental rates and occupancy qualifications in effect at the time of building permit
application for the new residence. The employee dwelling unit shall be rented at a
category 3 rental rate, or the equivalent at the time of deed restriction. Prior to deed
restriction, the applicant shall apply for a building permit in order to get the existing
residence inspected for compliance with health/safety regulations in the Uniform
Building Code. Any improvements which are required to bring the residence into
UUG;-)U
399168
Resolution No. 96-
Page 4
18/1996 02:O OP PG 4 OF
compliance with health/safety requirements shall be made prior to recordation of the deed
restriction, and prior to issuance of the building permit for the free market residence.
6. Prior to issuance of a building permit for a new free - market residence the mobile home shall
be removed from the property.
7. Within three months of approval of this application and prior to issuance of a building
permit, the applicant shall record a site plan for the site depicting the building envelope, for
the new single family residence. as approved in Resolution No. 88 -111.
8. Any development on the subject property shall be required to conform to all other
provisions of the Pitkin County Land Use Code in effect at the time of this approval, except
as otherwise modified in the other conditions outlined in this resolution.
9. Conditions in this Resolution shall supersede the conditions of Board of County
Commissioners Resolution No. 88 -111.
10. The applicant shall adhere to all material representations made in public hearings and in the
application:
APPROVED AND ADOPTED ON THE 6TH DAY OF NOVEMBER, 1996.
BOARD OF COUNTY COMNIISSIONERS,
PITKIN COUNTY, COLORADO
BY �--� —
James R. True, Chairman
,H' TE P- 4a - YV'
ATTEST:
exiette Jones, Deputy Clerk & R order
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399168 t/18/1996 02:00P pG 5 0'
Resolution No. 96r ` I
Page 5
APPROVED AS TO CONTENT: APPROVED AS TO FORM:
Cindy Houben,
Community Development Director
i �� John Ely, County Attorney
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399168 11/18/1996 02:OOP PIG 6 OF 7
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SILVIA DAVIS PITYA CGUNN RECORDER
.RESOLATION Or TBE BOARD O COUNTY C@RQSSIONERS O pn COUNTY,
COLORADO, GRAHTIMC APPROVAL POR T8E AnRTma EN'PLOYEE
DNEXXM UNIT PURSUANT TO SECTION 3 -2 Or THE LAND USE CODE
Reaolutian No. 88-ILL
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WDERFAS Mario and Tina Adriani (hereinafter "Applicant")
are the' : owners of a parcel of land approximately 31 acres ite
size ge¢:erally located at 1468 Snowmass Creek Road, more
specifically described in Exhibit "A"; and
WHEREAS the subject parcel, contains a mobile home and a
1,200 square foot single - family dwelling unit: and
WB>:REAS, the existing improvements on the property create a
non - conforming situation because two single - family units are
located D only 31 acres of land and 60 acres of land are
require& for two units; and
WHEREAS the dwelling units have been in existence on the
parcel since before 1969: and
WHEREAS the Board has found that it would be acceptable to
remove the mobile home, deed - restrict the existing house for
employeel, and permit the acnstruction of a new free - market house
because the degree of non eonformity'on the parcel Will not be
increased; and
WNERFAS the Board considered the application at a duly
noticed ipublic hearing held on July 26, 1998 and at a tabled
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public hearing an August 9, L9s8.
NOW: TMMEPORE, BE 1T RESOLVED by the Board that it does
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Resolution No. 88 - -L— 1
Page 2
1. The dwelling unit shall not exceed 1,200 square feet in
size. _
2. The applicant shall dead - restrict the land to guarantee
that the employee unit shall remain a rental unit, not be
condominiumized, not occupied by the owner or spouse, be
limited to occupancy by not more than two adults and related
children who qualify as and have been found by the Housinq
Authority to be employees of the community under such
guidelines as may be from time to time eatablished by the
Authority. The unit shall not be rented for terms less than
six months in length.
3. It is recommended that the unit be restricted to the
moderate income guidelines.
4. The dead restriction shall be approved by the Housing
Authority prior to recordation. The recordation shall occur
prior to the issuance of a building permit. The building
permit shall not be issued until all necessary
documentation to approve occupants of the employee unit
have been filed with the Housing Office and a valid lease
with a qualified employee is on file in the Housing Office.
5. Prior to the issuance of a building permit for a new free -
market house the mobile home shall be removed from the
property.
6. Prior to signature -of this resolution the applicant shall
Submit a site plan for the site depicting the building
envelope for the new single - family house. The now house
shall be restricted to the building envelope (See
Attachment "B 0 1.
APPROVED by the Board at its regular meeting August 9, 1988.
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ette -an Deputy
Deputy
ounty Clerk
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11/18/1996
02:00P PG 7 OF 7
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Resolution No. 88 - -L— 1
Page 2
1. The dwelling unit shall not exceed 1,200 square feet in
size. _
2. The applicant shall dead - restrict the land to guarantee
that the employee unit shall remain a rental unit, not be
condominiumized, not occupied by the owner or spouse, be
limited to occupancy by not more than two adults and related
children who qualify as and have been found by the Housinq
Authority to be employees of the community under such
guidelines as may be from time to time eatablished by the
Authority. The unit shall not be rented for terms less than
six months in length.
3. It is recommended that the unit be restricted to the
moderate income guidelines.
4. The dead restriction shall be approved by the Housing
Authority prior to recordation. The recordation shall occur
prior to the issuance of a building permit. The building
permit shall not be issued until all necessary
documentation to approve occupants of the employee unit
have been filed with the Housing Office and a valid lease
with a qualified employee is on file in the Housing Office.
5. Prior to the issuance of a building permit for a new free -
market house the mobile home shall be removed from the
property.
6. Prior to signature -of this resolution the applicant shall
Submit a site plan for the site depicting the building
envelope for the new single - family house. The now house
shall be restricted to the building envelope (See
Attachment "B 0 1.
APPROVED by the Board at its regular meeting August 9, 1988.
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ette -an Deputy
Deputy
ounty Clerk
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MEMORANDUM
TO: Board of County Commissioners
Regular Meeting - November 6, 1996
THRU: Cindy Houben, Community Development Director
FROM: Ellen Sassano, Senior Planner
RE: Adriani Re- Establishment of Vested Rights
REQUEST: Pursuant to Section 4- 140.30, the applicants are requesting a three year extension
of the vested property rights for the 1041 Hazard and Employee Dwelling Unit approval granted
by Resolution No. 88 -111 (attached as Exhibit A).
APPLICANT: Mario and Teena Adriani
APPLICANT'S REPRESENTATIVE: Tom Smith
LOCATION: 1468 Snowmass Creek Road.
ZONING/LOT SIZE: The parcel is zoned RS -30 and contains approximately 16 acres.
BACKGROUND:
In 1988 the applicants were granted approval to deed restrict an existing house as an employee
dwelling unit, and to construct a new free market residence within a building envelope which
received administrative 1041 Hazard Review approval. The approval required the removal of an
existing mobile home at the time of building permit issuance for the new residence.
No action has been taken to implement the approval and the vesting period has expired.
Consequently, the applicants seek to re- establish a three year vesting period.
With respect to 1041 concerns, the parcel contains floodplain, riparian habitat, deer winter range
and low wildfire hazard. The approved building site is only impacted by wildlife habitat and
wildfire hazard.
ISSUES:
1. Revised Land Use Code A revised Land Use Code became effective on June 12, 1994. Staff
recommends that the following revisions be made to conditions in Resolution No. 88 -111 to
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bring the approval into conformance with current County policies and regulations, specifically
with respect to 1041 regulations.
A. Wildfire Require compliance with the current standards for development in low
wildfire hazard areas (Section 3 -80.70 of the Land Use Code) ; and require installation of
interior sprinklering if the residence contains 5,000 square ft of floor area or more, per the
recommendation of the Basalt & Rural Fire Protection District; and
B. Wildlife Require compliance with the following standard conditions for development
in normal deer winter range:
1) Dogs shall be kennelled or leashed.
2) All fencing shall be 42 ", 4 strand or less with a 12" kickspace between the top
two strands. Any rail fencing shall be 42 ", 3 rail or less with at least 18" between the
top two rails. New fencing shall be prohibited outside of the building envelope,
with the exception that existing fencing shall be brought into compliance with
fencing standards cited above, as it is replaced, or removed.
3) Vegetation outside of the building envelope shall be maintained in its natural
state except as disturbance is necessary for noxious weed control, driveway
construction and compliance with wildfire mitigation measures.
4) All utility extensions to the new residence shall be buried within the driveway
alignment. The septic system and well shall be located within the building
envelope.
5) All new development, including the septic system and well, if feasible, shall
be located within the building envelope.
C. Employee Housing Restrictions Replace condition Nos. l - to stipulate that prior to
issuance of a building permit for the new free market residence, the existing residence
shall be deed restricted to comply with employee dwelling unit guidelines for rental rates
and occupancy qualifications in effect at the time of building permit application for the
new residence. The unit shall be rented at a category 3 rental rate, or the equivalent at the
time of deed restriction. Prior to deed restriction, the applicant will be required to apply
for a building permit in order to get the existing residence inspected for compliance with
health/safety regulations in the Uniform Building Code. Any improvements which are
required to bring the residence into compliance with health/safety requirements shall be
made prior to recordation of the deed restriction, and prior to issuance of the building
permit for the free market residence.
2. House Size Reference There is reference in Resolution 4 88 -111 to a 1,200 square foot floor
area for the existing residence. While Staff has not seen any floor area calculations for the house,
the residence appears to be larger than 1,200 square feet, (approximately 1,800 square feet ?) and
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includes an attached garage of approximately 850 square feet. Based on the applicant's
representation that no additions have been made to the house since the 1988 approval, Staff
believes the reference to 1,200 square feet may have reflected the maximum floor area allowed
for an employee dwelling unit in 1988, rather than the actual floor area of the residence. The
floor area is only an issue to the extent that the applicant may only charge rent for a 1,500 square
foot unit based on current regulations. This does not however, preclude the unit from being
larger than 1,500 square feet.
4. Mobile Home Existing approvals dictate that the existing mobile home on the property must
be removed when the new free market residence is constructed. The applicant does not presently
wish to change this condition. However, if in the future the applicant wishes to change the
condition to allow the mobile home to remain on site when the new residence is constructed,
such a request may be processed as a Special Review. In order to keep two deed restricted units
on the parcel, one unit will have to be fully deed restricted to income and occupancy guidelines.
RECOMMENDATION: Pursuant to Section 4- 140 -30 of the Land Use Code, Staff
recommends that the Board approve the Adrianni Extension of Vested Rights until November 6,
1999, subject to compliance with the conditions in the attached Resolution which will supersede
the conditions of Board of County Commissioners Resolution No. 88 -111.
EXHIBITS
A RESOLUTION NO.88 -111
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SILVIA DAVIS PITIUN COUNTY RECORDER
BOARD Or COUNTy COIHQSSIONERS OF PITX= COUNTY,
GRANTING APPROVAL FOR THE ADRIANI EMPLOYEE
PURSUANT TO SECTION 3 -2 OF THE LAND USE CODE
Rasalution No. 88 —ILL
rio and Tina Adriani (hereinafter "Applicant ")
>f a parcel of land approximately 31 acres ir..
located at 1168 Snowmass creek Road, more
ribed in Exhibit "A "; and
s subject parcel contains a mobile home and a
single - family dwelling unit; and
existing improvements on the property create a
ltuation becauoe two single- family units are
31 acres of land and 60 acres of land are
snits; and
dwelling units have been in existence on the
:e 1969; and
Board has found that it would be acceptable to
s home, deed - restrict the existing house for
it the construction of a new free - market house
e of non - conformity on the parcel will not be
Board considered the application at a duly
,wring held on July 26, 1988 and at a tabled
August 9, 1988.
1E, BE IT RESOLVED by the Board that it does
applicant approval for a 1,200 square foot
ect to th.. fnilr,. r:.... .--.,.,..,
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Resolution No. 88 - .fl—/
Page 2
1. The dwelling unit shall not exceed 1,200 square feet in
size.
2. The applicant shall deed- restrict the land to guarantee
that the employee unit shall remain a rental unit, not be
condominiumized, not occupied by the owner or spouse, be
limited to occupancy by not more than two adults and related
children who qualify as and have been found by the Housing
Authority to be employees of the community under such
guidelines as may be from time to time established by the
Authority. The unit shall not be rented for terms less than
six months in length.
3. It is recommended that the unit be restricted to the
moderate income guidelines.
4. The deed restriction shall be approved by the Housing
Authority prior to recordation. The recordation shall occur
prior to the issuance of a building permit. The building
permit shall not be issued until all necessary
documentation to approve occupants of the employee unit
have been filed with the Housing Office and a valid lease
with a qualified employee is on file in the Housing office.
5. Prior to the issuance of a building permit for a new free -
market house the mobile home shall be removed from the
property.
6. Prior to signature of this resolution the applicant shall
hubmit a site plan for the site depicting the building
envelope for the new single - family house. The new house
shall be restricted to the building envelope (Sea
Attachment "B"I.
APPROVED by the Board at its regular meeting August 9, 1988.
7 te T: t one Deputy
y Clerk
BOARD OF COUNTY COMMISSIONER
OF TKIN COUNTY, COLORADO
Hy
Fred Crowley,
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8WK B n 1 PA
Resolution No. 88 - .fl—/
Page 2
1. The dwelling unit shall not exceed 1,200 square feet in
size.
2. The applicant shall deed- restrict the land to guarantee
that the employee unit shall remain a rental unit, not be
condominiumized, not occupied by the owner or spouse, be
limited to occupancy by not more than two adults and related
children who qualify as and have been found by the Housing
Authority to be employees of the community under such
guidelines as may be from time to time established by the
Authority. The unit shall not be rented for terms less than
six months in length.
3. It is recommended that the unit be restricted to the
moderate income guidelines.
4. The deed restriction shall be approved by the Housing
Authority prior to recordation. The recordation shall occur
prior to the issuance of a building permit. The building
permit shall not be issued until all necessary
documentation to approve occupants of the employee unit
have been filed with the Housing Office and a valid lease
with a qualified employee is on file in the Housing office.
5. Prior to the issuance of a building permit for a new free -
market house the mobile home shall be removed from the
property.
6. Prior to signature of this resolution the applicant shall
hubmit a site plan for the site depicting the building
envelope for the new single - family house. The new house
shall be restricted to the building envelope (Sea
Attachment "B"I.
APPROVED by the Board at its regular meeting August 9, 1988.
7 te T: t one Deputy
y Clerk
BOARD OF COUNTY COMMISSIONER
OF TKIN COUNTY, COLORADO
Hy
Fred Crowley,
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M E M O R A N D U M
TO: Ellen Sassano, Planning
FROM: Joanna S. Schaffner, Zoning
DATE: September 17, 1996
RE: Adriani Re- Establishment of Vested Rights
Parcel ID# 2467- 344 -00 -009
I have reviewed the above referenced application and offer the following
comments:
ZONE: RS -30, thirty acre minimum lot size
This parcel contains 15.46 acres and is non - conforming in size. Please
note that BOCC 88 -11 states that this parcel contains 31 acres. How has
this discrepancy been resolved?
SETBACKS: The required setbacks for this parcel are:
100 foot front yard setback
30 foot side yard setback
50 foot rear yard setback
20 foot minimum stream setback
The proposed building envelope lies outside of all required yard
setbacks. The relationship between the building envelope and Snowmass
Creek is unclear.
FLOOR AREA: The allowed floor area on this parcel is a total of 15,000
square feet. while present development does not approach this amount,
existing floor area is unknown and may have to be confirmed at the time
of building permit for the new residence.
HEIGHT: Plans have not been submitted to determine compliance with
County height regulations.
OTHER: All new development must be contained within the approved
building envelope unless specifically exempted by this review. This
includes ranch gates, septic systems, and landscaping.
The site plan provided is an improvement survey only.
The applicant should be advised that establishing a building envelope
around existing structures at this time may avert further land use
reviews in the future.
.
u�G,1
BASALT & R*RAL FIRE PROTECThdN DISTRICT
"Neighbors hel neighbors in time
Ms. Ellen Sassano
Aspen/Pitkin Community Development
130 South Galena St.
Aspen, CO 81611
July 23, 1996
Re: Adriani Parcel # 2467- 344 -00 -009
Dear Ellen,
Of need"
J U I. 2 & 1996
I just received the Adriani application packet and wanted to forward my two
primary concerns. Given the limited scope of the application I am concerned
about access and the size of the free market home to be added.
The print shows two bridges along the access route. These bridges must be built
with a load capacity of at least 30 tons in order to handle the potential load of
responding fire apparatus. The print provided didn't show the layout very well but
it seems that the bridges are spaced fairly close together and the turning radius
between them might be a problem. I am including the turn profile for our newest
trucks for future reference.
There is no mention of the size of the proposed building and I would like to
ensure that the 5,000 sq. ft sprinkler requirement is in effect. If the bridges are not
built up to the required specifications, we would also require sprinklers due to
access problems, regardless of size.
These are my initial observations, based on the limited application provided.
Obviously, if there are any wildfire concerns. they should be handled with the
standard requirements that the Forest Service and Sheriffs Department issue.
If you have any questions, give me a call at 927 -3365.
Sincerely,
J�! --�_.
Steve oward
Chief, Basalt Fire - Rescue
O . J . C P.O. Box 801 - 20 School Street • Basalt, CO 81621
U U V ` U (970) 927 -3365 • Fax (970) 927 -3936
AL. 11'96 OB:44 FR SPPRTAN PLT 3 517 543 7729 TO 919799273936 P.02/02
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October 3, 1996
Ellen Sassano
Aspen /Pitkin Community Development Department
130 South Galena
Aspen, CO 81611
Re: Adriani 1041 Wildfire Hazard Review
Ellen,
FOREST
SERVICE
State Services Building
222 S. 6th Street, Room 416
Grand Junction, Colorado 81501
Telephone: (970) 248 -7325
I read the application and inspected the site with the owner's agent on September
25th. There is good access to the property via a one lane driveway off the
Snowmass Creek Road . Then there are iwo bridges; one over Snowmass creek
and the other crosses Capitol creek. Both of them have steel girders supporting
the wooden planking. I believe they can support the weight of local fire equipment
from the Lazy 0 substation which is less than half mile from this property. There
are two structures presently on the property. One is a small log structure which I
was told would be demolished. The second is a log house with a detached barn.
There is a driveway and grass lawn that seperates this house from woody fuels.
Because of these factors there is presently adequate defensible space.
We looked at the proposed building envelope which is currently in a grass meadow.
This meadow is on a bench above Snowmass creek. The aspect is westerly with a
slope of 5 -10 %. Because of the envelope's situation in the meadow I would rate
the wildfire hazard as low. There is typical riparian vegetation next to the two
creeks. They do not present a wildfire problem to this envelope in their present
location.
I only have one recommendation and it relates to a future structure. Maintain a
clear space around all structures where existing vegetation can be kept at 6 inches
or less (e.g. mowed grass). Any future landscaping should not have any woody
type vegetation within this 10 foot perimeter. Proximity to any existing fire
department and the abundance of year round water helps to mitigate any wildfire
hazard on this property.
Thank you for the opportunity to review this proposal.
Sincerre�ly, -
Q - .� �
A. Vince Urbina
Assistant District Forester
cc: Steve Crockett - Pitkin County Sheriff's Office tj�" rs i 1996
,Steve Howard - Basalt & Rural FPD
, /Thomas Smith
Uji,IU
,FP 23 '56 10:36AN ASPFN HOUSING OF
MEMORANDUM
TO: Ellen Sassanc, Community Development Dept.
FROM: Cindy Christensen, Housing Office
DAZE: September 23, 1896
RE: Adriani Re- Eatablishment of Vested Rights
Parcel ID No. 2467. 344 -00 -009
P.1
ISSILI . The applicant is requesting re- establishment of vested property rights with respect to an
approval previously granted for the subject property.
BACKGROUND According to BOCC Resolution No. 88 -111, the applicant received approval for
a 1200 square foot employee unit.
RECOMMENDATION: Staff recommends approval of the vested rights for this project with
regards to the Employee Dwelling Unit. The Housing Office would also recommend deed
restricting the 1200 square foot unit to a Category 3 rental unit or a Category 4 sales unit. Also to
be considered is the mobile home to remain on the property with a deed restriction to be placed
on the unit to Category 2 or 3, as low income rental housing is desperately needed in the area and
is a top priority for the Housing Board. If approved, deed restrictions must be placed on the units
prior to building permit approval AND the units must comply under Part III, Section 7 of the
Aspen/Pitkin County Housing Guidelines, Deed ResinicUng Existing Dwef/Jng Units, as stated
below:
A, Pursuant to the applicable Crty or County Land Use Codes, an applicant for a development, under
certain conditions and subject to certain requfrerrrents, may satisfy the affordable housing
requirement by deed restricting existing unrestfded housing to comply with the GuMUines.
Acceptance of existing units shall be at the sole discretion of the respective govemrhg body upon
recommendation of the Housing Office.
B. If accepted by the City or County, existing units must be upgraded in accordance with the
flawing criteria, unless a variance from these requirements Is approved by the applicable
goveming body upon the recommendation of the Houshlg Office: all WAS must be freshly
painted; all appliances must be purchased within the last five years and be In good carndlibri and
watching order; new carpet shall be provided (unless carpet has been purchased In last five years
and is in good condition and rapair); the exterior vmb shag be ft eft painted within one year of
dedication, a general level of upgrade to yards and landscaping shall be provided and, windows,
heating, plumbing and elednbal aystems, iNtures and equipment shall be in goad condition and
worldrip order. The root must have a remaining useful life of at least ten (10) years. All units
shall meet Undbrm Bugdirig Code mWinum standards, any Wicable housing code o, in the
absence of an adequate code, such recognized housing code acceptable to the Housing Office
and shall be approved by fie Housing Office and verffred by a quafiried Building Inspector
accepted and approved by the Housing Office. Appl shall bear the costs and expanses of
any required upgrades to meet the above standards as well as any sbuciurayengineedng reports
required by the Housing Ofrroe to assess the suitability for occupancy and compliance wlfh the
Housing office standards of the proposed unU
L)WA' 1.9
AUSTIN, PEIRCE & SMITH, P.C.
Attorneys At Law
600 E. Hopkins Avenue
Suite 205
Aspen, Colorado 81611
Ronald D. Austin
Frederick F. Peirce
Thomas Fenton Smith
Catalina Cruz
Michael P. Fossenier June 24, 1996
Pitkin County Board of County Commissioners
c/o Aspen/Pitkin County Community Development Department
130 S. Galena Street
Aspen, CO 81611
ATTN: Ellen Sassano
RE: Adrian Application for Re- Establishment of Vested Rights
Dear Commissioners:
Telephone
(970) 925 -2600
Facsimile
(970) 925 -4720
In accordance with the provisions of Section 4- 140.30 of the Pitkin County Land Use Code,
please accept this application on behalf of Christine and Mario Adrian, for re- establishment of
vested property rights with respect to the approval previously granted for the subject property.
The property is located at 1468 Snowmass Creek Road, Snowmass, Colorado, at the
confluence of Snowmass Creek and Capitol Creek. The applicants were granted approval in 1988
to deed restrict an existing house and construct a new free market house on their 16 -acre parcel.
The approval also required the removal of an existing mobile home at the time of building permit
issuance. No action was taken to implement the approval. The existing house, which is to be deed
restricted, was identified as approximately 1200 square feet in size, and remains the same. There
is an attached garage of about 850 square feet in size.
The following documents are attached hereto as part of this application:
Resolution No. 88 -111, granting approval;
Letter of Authorization;
4 C \OFFICEWDRIAWBOCCITR
U '.il [ .J
AUSTIN, PEIRCE & SMITH, P.C.
Attomeys At Law
Pitkin County Board of County Commissioners
June 24, 1996
Page 2
3. Check for application fees in the amount of $1,475.00;
4. Proof of Ownership (deed recorded at Book 563, Page 488);
5. List of adjacent property owners with envelopes; and
6. Pre - Application Conference Summary; and
7. Site plan/improvement survey.
E [IL mil) I>ky
As can be seen from the attached resolution of approval, this application did not present
unusual issues from land use perspective. 1041 regulations have been amended since the approval.
We have discussed the 1041 issues (deer winter range, low wildfire hazard) with Glenn Horn and
Randy Cote, who reviewed the original application. Randy recalls visiting the site. Glenn recalls
that staff sign -offs for minor 1041 issues were the standard procedure at that time, and that this is
what probably occurred. We have asked Randy Cote and Steve Crockett to view the site and
provide you with any recommendations. Steve has visited the site and will comment directly to
you. I contacted Vince Urbina of the State Forest Service and Steve Howard of the Basalt Fire
District, and they will await a request for referral comments. The applicants would agree to abide
by conditions associated with mitigation of deer winter range and low wildfire hazard associated
with the previously approved building envelope.
Section 4- 140.30 identifies the criteria for approval of this application. These requirements
are addressed as follows:
1, 2 & 3. None of the conditions of approval require prior compliance. These
conditions are triggered by an application for a building permit for the new free- market residence,
which has not occurred. Thus, the status quo is unchanged from when the application was
originally approved. No other permits have been applied for and obtained. The County has
received no benefits to date, but would benefit from the extension, as discussed below.
4 CAOFFICEWDRIANI\8000.ITR
u :[1
AUSTIN, PEIRCE &_ SMITH, P.C.
Attomeys At Law
Pitkin County Board of County Commissioners
June 24, 1996
Page 3
4. The applicant would be served by this extension in securing the right to build a
replacement single - family residence. The County benefits because it would obtain a deed restriction
to one, and possible two, affordable housing units. The approval requires a deed restriction for the
1,200 square foot house (or 2,100 square feet, depending upon treatment of the garage). This
would occur before a building permit is issued for the free market residence.
The prior approval requires removal of a mobile home on the property. This, too, would
occur prior to issuance of a building permit. However, the County may wish to allow this unit to
remain on the property subject to a deed restriction, to add to the affordable housing inventory.
5. The applicants are willing to enter into a development agreement duly authorized and
executed by them and the County.
In accordance with the approval identified above, the applicants' vested rights have expired.
However, the application presents no unusual issues of concern, and the County would benefit from
an extension in securing additional affordable housing.
�41 y To - ,1 17• \:1 rl Do Q L8111-i lars 6xil) Do mewl U 10 Lem
The 1988 approval requires, as a condition, that the existing 1200 square foot house be deed
restricted as a rental unit, with a recommendation for moderate income guidelines. The approval
also required removal of the existing mobile home.
I have discussed these conditions with Dave Tolen of the Housing Office. If I understand
Dave correctly, he would recommend a category 3 deed restriction for the existing house as a rental
unit, but would prefer to see the house deed restricted as a category 4 sale unit. He would also
prefer to see the existing mobile home remain and be deed restricted as a category 2 or 3 rental
unit. Photographs are attached for your information.
The applicants are happy to abide by the Housing Office's suggestions. We believe that
this can be accomplished by changed conditions of approval. The applicants do not wish to file a
new application at this time.
An alternative would be to allow the existing mobile home to remain subject to a deed
restriction, and to require a deed restriction for the existing house as a rental unit, unless an
approval for rezoning to PMH is obtained prior to issuance of a building permit for the free - market
home in the new building envelope.
4 CAOFFICE ADRIANIMCC ITR
AUSTIN, PEIRCE &- SMITH, P.C.
Attorneys At Law
Pitkin County Board of County Commissioners
June 24, 1996
Page 4
Please let me know if you require any additional information.
Thank you for your consideration.
Very truly yours,
AUSTIN, PEIRCE & SMITH, P.C.
By
Thomas Anton Smith
TFS /bab
cc: Christine and Mario Adriani
4 CAOFFICRADRIANIRBOCCITR
i Cii;.IGJ
Mario Adriani &- Christine Adriani
222 SW 15th Road
Miami, FL 33129
May 17, 1996
Aspen/Pitkin Community Development Department
130 S. Galena Street
Aspen, CO 81611
RE: Adriani Application for Extension of Vested Rights
To whom it may concern:
We are the owners of the property described in Exhibit A attached hereto which is the
subject of an application for extension of vested rights previously acquired pursuant to the Board
of County Commissioners Resolution No. 88 -111.
We hereby consent to representation by Austin, Peirce & Smith, P.C., in connection with
our application for extension of vested rights.
Sincerely,
Mario Adriani
4: CAOFFICE ADRIANI\COMM- DEVITR
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1988; U.S. Patent reservations recorded in Book 55 at PTge 314; and reservations
of all oil, gas and other minerals in Decd recorded in Look 241 at Page 710.
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EXHIBIT
A
Ellen Sassano
Aspen/Pitkin County Community Development
130 S. Galena Street
Aspen, CO 81611
RE: Adriani Application for Reestablishment of Vested Rights
Dear Ellen:
In connection with the above - referenced application, dated June 24, 1996, please note the following:
1. Item No. 4 of the Application (Affordable Housing Issues /Conditions) suggests the possibility
of changing the conditions for affordable housing. The applicants have reconsidered their position on this
issue, and they are happy to abide by the original conditions of approval. They hereby withdraw their request
for any change to these conditions.
2. In addition, we cannot figure out why the existing house to be deed restricted is specified not
to exceed 1,200 square feet in size. As you can see from the 1988 survey submitted in connection with the
application, the house has always exceeded 1,200 square feet in size. There have been no additions to the
home since the 1988 approval. I am not quite sure how to address this issue, and perhaps we should discuss
this after you have had a chance to review the application.
Please call if you have any additional questions.
Very truly yours,
AUSTIN, PEIRCE & SMITH, P.C.
By l
Thomas Fenton Smith
TFS/bab
cc: Christine and Mario Adriani
4 C: \OFFICE=RIANI\SASSANO.03
U t) is I G 1J
AUSTIN, PEIRCE & SMITH, P.C.
Attornevs At Law
600 E. Hopkins Avenue
Suite 205
Aspen, Colorado 81611
Telephone
Ronald D. Austin
(970) 925 -2600
Frederick F. Peirce
Facsimile
Thomas Fenton Smith
u
0) 925 -4720
tl
Catalina Cruz
t[ IJ
jJt1
Michael P. Fossenier
July 17, 1996
VIA FACSIMILE 920 -5439
AND VIA FIRST CLASS MAIL
Ellen Sassano
Aspen/Pitkin County Community Development
130 S. Galena Street
Aspen, CO 81611
RE: Adriani Application for Reestablishment of Vested Rights
Dear Ellen:
In connection with the above - referenced application, dated June 24, 1996, please note the following:
1. Item No. 4 of the Application (Affordable Housing Issues /Conditions) suggests the possibility
of changing the conditions for affordable housing. The applicants have reconsidered their position on this
issue, and they are happy to abide by the original conditions of approval. They hereby withdraw their request
for any change to these conditions.
2. In addition, we cannot figure out why the existing house to be deed restricted is specified not
to exceed 1,200 square feet in size. As you can see from the 1988 survey submitted in connection with the
application, the house has always exceeded 1,200 square feet in size. There have been no additions to the
home since the 1988 approval. I am not quite sure how to address this issue, and perhaps we should discuss
this after you have had a chance to review the application.
Please call if you have any additional questions.
Very truly yours,
AUSTIN, PEIRCE & SMITH, P.C.
By l
Thomas Fenton Smith
TFS/bab
cc: Christine and Mario Adriani
4 C: \OFFICE=RIANI\SASSANO.03
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NATIONAL HEADOUAATENS
mcHMOHO. nAGINIA
LEGAL DESCRIPTION
EXHIBIT "P"
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cau 563 •'ACE849'
A parcel of Land situated In Tract 82• Section 34, Township 8 South,
Range 86 West of the Sixth Principal Meridian. PS'kin County, Colorado
and being described as follows;
Beginning at the point of intersection of a ditch and line 1 -2 Tract
82 being 1219.85 feet South 88 17' West from A.P. 1 of Tract 62;
thence South 04 ° 27' East 173.79 feet along the centerline of a ditch;
thence South 17 West 51.57 feet along the centerline of a ditch;
thence South 29 ° 40' West 56.35 feet along the centerline of a ditch;
thence South 21 ° 36' East 105.35 feet along the centerline of a ditch;
thence South 01`47' East 95.73 feet along the centerline of a ditch;
thence South 15'06' East 75.58 feet along the centerline of a ditch
thence South 13 0 08 1 West 14 43 feet;
thence South 24 ° 59' West 379.83 feet to a fenceline;
thence North 58 ° 57' West 197.54 feet along a fenceline;
thence North 62 West 135.53 feet along a fenceline;
thence North 65 °04' West 200.07 fee*_ along a fenceline;
thence North 62 West 284.04 feet along a fenceline;
thence North 62 ° 01' West 131.11 feet along a fenceline;
thence North 60 West 177.53 feet along a fenceline to the Easterly
line of County Road;
thence North 13 '36' West 27.53 feet along the Easterly side of the
County Road to the South Line of a Parcel of Land described in Book 255
at Pages 711 -713;
thence South 60 0 11' East 196.45 feet;
thence North 30 ° 33' East 45.36 feet;
thence South 62 0 01 1 East 35.00 feet to the centerline of Capitol Creek
to the confluence with the centerline of Snowmass;
thence North 18'15 West 192.00 fret along the centerline of Snowmass
Creek;
thence North 50 0 OS' West 92.00 feet along the centerline of Snowmass
Creek;
thence North 63 West 131.00 feet along the centerline of Snowmass
Creek;
thence North 2730' West 89.00 feet along the centerline of Snowmass
Creek to a point on Line 1 -2 of tract 82 also being the North Line of
the Tract described in Rook 241 at Page 710;
thence North 88 0 17 1 East 1196,01 feet to the point of the beginning.
COUNTY OF PITKIN,
STATE OF COLORADO
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I N T E R
MEMO
O F F I C E .
To: Tom
From: Catalina
Subject: Adriani, Mario
Date: June 20, 1996
The following is a list of adjacent property owners to Mario Adriani:
Jo Ellen and William J. Myers
818 Alhambra Court
Sugarland, TX 77478
Christine Lindquist & Associates, Inc.
222 SW 15th Rd.
Miami, FL 33129
Scott R. Keller
P.O. Box 36
Snowmass, CO 81654
Dakota Group Limited, Inc.
222 SW 15th Rd.
Miami, FL 33129
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CERTIFICATE OF MAILING
RE: ADRIANI RE- ESTABLISHMENT OF VESTED RIGHTS
I hereby certify that on this 1 st day of October, 1996, a true and correct copy of the attached
Notice of Public Hearing was deposited in the United States mail, first -class postage prepaid, to the
adjacent property owners as indicated on the attached list of adjacent property owners which was
supplied to the Aspen/Pitkin Community Development Department by the applicant in regard to the
case named on the Public Notice.
By: Rhonda Harris
Administrative Assistant
frm.mailing
U,11,• I'S1
PUBLIC NOTICE
RE: ADRIANI RE- ESTABLISHMENT OF VESTED RIGHTS
NOTICE IS EGUMY GIVEN that a public hearing will be held on Wednesday, November 6,
1996 at a regular meeting to begin at 5:00 pm before the Board of County Co District
Courtroom, 506 E. Main St, Aspen to consider an application submitted by Mario and Christine
Adrian requesting a re-establishment of vested property rights previously granted (1988) for this
property. The property is located at 1468 Snowmass Creek Road and is described as a parcel of
land situated in Tract 82, Section 34, Township 8 South, Range 86 West of the 6th P.M For
further information contact Ellen Sassano at the Aspen/Pitkin Community Development
Department (970) 920 -5098. Copies of the proposed Resolution are available for public inspection
during regular business hours in the Office of the Clerk and Recorder. 530 East Main Street Aspen,
Colorado 81611. Phone (970) 920 -5180.
Jeanette Jones, Deputy County Cleric
5tb= R- True. Chair
Board of County Commissioners
Published in the Aspen Times on October 5, 1996
Pitkin County Account 00113
t"
ukjC'1.'
I N T E R
MEMO
O F F I C E
To:
Tom
From:
Catalina
Subject:
Adriani, Mario
Date:
June 20, 1996
The following is a list of adjacent property owners to Mario Adriani:
Jo Ellen and William J. Myers
818 Alhambra Court
Sugarland, TX 77478
Christine Lindquist & Associates, Inc.
222 SW 15th Rd.
Miami, FL 33129
Scott R. Keller
P.O. Box 36
Snowmass, CO 81654
Dakota Group Limited, Inc.
222 SW 15th Rd.
Miami, FL 33129
x.:133
J
Aspen/Pitkin Community
Development Department
130 South Galena Street
Aspen, Colorado 81611
(970) 920 -5090
c —00—
City Land Use Application Fees:
00113 - 63850 -041 Deposit
- 63855 -042 Flat Fee
- 63860 -043 HPC
- 63885 -268 Public Right -of -Way
- 63875 -046 Zoning & Sign Permit____
_
- MR011 Use Tax
County Land Use Application Fees:
00113 - 63800.033 Deposit
_� �� SU • �U
- 63805 -034 Flat Fee
_
-63820 -037 Zoning
- 63825 -038 Board of Adjustment
Referral Fees:
00113- 63810 -035
00115- 63340 -163
00123 -63340 -190
00125 -63340 -205
00113- 63815 -036
Sales:
00113- 63830 -039
- 69000 -145
U UUG134
County Engineer
City Engineer
Housing
Environmental Health
County Clerk
County Code
Copy Fees _
Other
Name: GJ!/1 -ee� " /l
Address: /Y1l//U /Jl 748 �Aci ta�
Phone:
Total / / / JS . 00
Date - � bChecX533
Project:
Case No: V _ - 1 - 7 -
No. of Copies J a