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RESOLUTION OF THE PTTHIN COUNTY, COLORADO BOARD OF ADJUSTMENT GRANTING A VARIANCE FOR 254 TWINING FLATS ROAD Resolution No. OS-2005 WHEREAS, Camilla Spazlin, owner of 254 Twining Flats Road, is requesting a 17 foot reaz Yazd setback variance for the construction of a detached garage; and WHEREAS, 30 feet is required on this 2 acre parcel in the AFR-2 zone district; and WHEREAS, the parcel is more fully described in Exhibit A; and WHEREAS, the Boazd of Adjustment is vested with the power to grarlt or deny such variances by virtue of Title II, Section 7-10.30, Pitkin County Code (Land Use Code) and Colorado Revised Statutes, 1973, 30-28-118(2) (C); and, WHEREAS, based on the evidence presented, the Board of Adjustment makes the following findings: 1. Proper notice procedures, including the notification of all adjoining property owners, has been demonstrated. 2. The required hardship or practical difficulty has been established. 3. Granting such relief will not cause substantial detriment to the public welfare and will not substantially impair the intent and purpose of the Zoning Resolutions and the zoning maps. NOW, THEREFORE, BE IT RESOLVED by the Boazd of Adjustment, that a 17 foot Reaz Yazd Setback Variance be granted for the construction of a detached garage as shown on Exhibits B and C, due to topographic and downzoning hardships. WARNING: Any violation of the terms of this resolution may result in rehearing and possible revocation. The Resolution was adopted by vote of the Board of Adjustment of the County of Pitkin, State of Colorado. DATED: June 21, 2005 ATTEST: G ~ ~ 3~os uoanna S. Sc er, date < County Zoning Officer The Board of Adjustment of Pitkin County, Colorado ~- z~-oS ck Head, date Chairperson Pazcel ID#2643-162-00-029 n~imiuippiiuii~umiAW, 511653 Page: 1 of 4 06/24/2005 03:41P D 0.00 000001 ~ 2y 1-1-05 -- c.~tt...,~,n i~' i • A tract of land situated in Lot L', Section 16, Township 9 Soth, Range 83 West of the Sixth Principal Meridian, described as follows: Beginning at a Point on the Northeasterly right of way line of State Highway ilia. 82, whence the Narthwese comer of said Section 16 beazs North 3S°50'30" West, 2,932.71 feet; thence `forth 17°60'00" West, 13559 feet along the 7+Iorthe:uterly line of said State 1-~"ighway No. 82; thence North 79°2?'00" East, 618:79 feel to the center of the Rearing Fark River; thence South 4b°3St?6°' East 17.38 fret alone the center of [fte Roaring Fork Rivez; thence South 3b°Ib'00" East 132.234 ftx[ along the center of the Roaring Fark River, thence Soutlt78°22'64" West. b71.4~5 feet to the point of beginning. 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The regulazly scheduled June 7`s meeting was cancelled due to a lack of a quorum. Head opened the meeting at 5:30 and introduced the Board members. Case # 04-2005 Connell Development 26604 Frying Pan Road AKA Diamond J Ranch Owner's representative, Tim Case, was present to request a 40 foot Rear Yard setback variance where 50 feet is required on this 27 acre pazcel in the RS-30 zone district for the construction of a resort cabin. The Affidavit of Posting was submitted. Head questioned the legal implications of the objection that was received. Schaffner stated that the County Attorney has advised that the legal matters presented in the "Objection of Patrick B. McCord" as submitted by his attorney, Jeff Wertz, are not to concern the Board of Adjustment and need not be a factor in its decision making. Head asked if the Forest Service has commented on the application. Schaffner said "no". Case stated that the BOCC has approved two new resort cabins on the ranch. He continued that a septic "Zone of Influence", in which development is prohibited, plus the constraints of an adjacent stream and its setback, is pushing the proposed development into the reaz yazd setback. He stated that several other structures have existed within this required setback since the 1930's. Cooper asked if the condition was the result of a 1041 approval. Schaffner stated "no". She added that the orientation of the cabin has changed since the application was submitted. Environmental Health Specialist, Cazla Block, explained the concept of a "Zone of Influence", which requires that septic systems be a certain distance from one another and from any wells. She stated that the County's Environmental Health office has no adequate records on the existing septic system at the Diamond J Ranch because of its age. The Applicant is working with the County's Environ-mental Health Department to design a septic system which would avoid pemutting by the State. The Boazd engaged Block with questions pertaining to the septic situation of the ranch. The Board thanked Ms. Block for her comments. Rifkin asked what the hazdship was. Head suggested safety concerns. Rifkin made a motion to approve the application due to the necessity created by pre-existing health and safety concerns which would be exacerbated if the variance were not granted. Olsen 000005 seconded the motion. Cooper commented that, although he agreed, "safety" did not appeaz to be apart of their charter. The vote was called, and passed 4-0. Case #OS-2005 Sparlin 254 Twining Flats Road Camilla Spazlin and planner, Suzanne Bott, were present to request a 17 foot Rear Yazd setback variance where 30 feet is required on this 2 acre pazcel in the AFR-10 zone district for the construction of a detached garage. The Affidavit of Posting was submitted. Letters of support were submitted by adjacent property owners, Horizons at the Fork (234 Twining Flats Road), and Tahitian Ventures (256 Twining Flats Road). Bott described the boundaries and constraints of the pazcel, including the Roaring Fork River and its floodplain and setback, steep slopes, and the Highway 82 right-of--way. She explained that the existing residence contains 3,500 sf and the proposed garage will contain 1,100 sf. The lot is non-conforming in size, and there exists significant vegetation that is planned to be preserved. She stated that the conditions are site imposed, that the lot existed prior to the current interpretation of Front Yard and to its current setback requirements, and that Ms Sharlin has the support of the adjacent property owners. Therefore, she believed, a variance should be granted. Cooper asked about the determination of Front Yazd. Schaffner explained that what appears to most people as the side yard, is considered the reaz yazd. The Land Use Code's definition of Lot Line, Front states that "If no street, or more than one street, abuts the lot, then the front lot line means the property boundary line from which road access is obtained." In the case of the Twining Flats lots, the road bisects the parcels, and therefore creates front yards along the upstream lot lines. Lot Line, Reaz, is the side opposite the Front. Cooper made a motion to approve as submitted due to topographic and downzoning hazdships. He stated that he could imagine no detriment to the public good. Rifkin seconded the motion and all were in favor, voting 4-0. Schaffner asked the Board if they would all be present for the July Ss' meeting, and all stated that they would be in town. Minutes of the May meeting were sent to the Board members separately from their packet, and were not received by the members prior to the meeting. The Board reviewed the minutes at the meeting and Cooper made a motion to approve them as submitted. Olsen seconded the motion. Rifkin abstained from the vote since he was not present at the May meeting. Head, Olsen and Cooper voted to approve the minutes. There being no further business before the Board, the meeting was adjourned at 6:OSpm. ......................................................................... f"~ Respectfully submitted, A e j _ ~-S 0~~ ~~ ~' b ~ 05 nna S. Sc a fner, Date Date honing Officer Co-Chair OOOOQ6 000007 DATE ? May o2 PITHIN coUNTY BOARD OF ADJUSTMENT Application Fonn REPRESENTATIVE _SrA./ t..~gasoN Assoc . PHONE 91S - 232 3 E-MAIL a/ttt tson @ e ca~/ZhY1/r!G ~ `JJ FAX 920- /lOZB MAILING ADDRESS _ 2 0o EAST /`1A/n/ ~T- As,F~L/V OWNER CAM/i.ca •~r~AQL/N PHONE 913 -32sy MAILING ADDRESS _ P~ ~ ox 23!03 LEGAL DESCRIPTION Tow/ysivii SUBJECT PARCEL ADDRESS 255t Twi%~iyy Fcg rs PARCEL ID # ? G 5/3 /(01 DOD02~ ZONE DISTRICT AFR -Z LOT SIZE SIGNATURE ~-~' „~/~- (To be rnmpleted by the Zoning Department) CASE# ~~~~~~) Requesting: ' Front Yard Setback Variance, where ' is required. / 'Rear Yard Setback Variance, where 3C~ ' is required. _ Side Yard Setback Variance, where _' is required. _ Side Yard Setback Variance, where _' is required. ' Height Variance, where ' is allowed Comments: Application Sled tic ~ .~, i'~oG~ Refer to ' Date of Meeting "'~7 `~~; ~~ ~J Notices Mailed `~- 3 -O'er n .n a0 G•(O~O,S ZoningOfficiai__ . ^~ ~40~~?l ~r w.1 -.~,-,~~ ate, Secretary 000008 2 May 2005 Pitkin County Board of Adjustment c/o Joanna Schaeffner Pitkin County Zoning Officer 120 S. Galena Street Aspen, CO 81611 ~AN CLAUSON ASSOCIATES, LLC Planning • Urban Design Landscnpe Architecture Ti~ansyortntion Studies Pr-ojed Management 200 Eger Mena Sraerr Aseev~, Co~nennn 81671 Te~erem:e 970 9z5.2323 F,a_ 9TO 9zo I6za E M,m in loC'scaplenningmm Wrr,~ wwwscaplamm~g.com Re: Setback variance for accessory building at 254 Twining Flats Road Deaz Board of Adjustment: On behalf of Camilla Spazlin, we aze requesting a setback variance of seventeen (17) feet to locate an accessory building thirteen (13) feet from the property line on the west side of the pazcel located at 254 Twining Flats Road. The required reaz yazd setback at this location is 30 feet. Ms. Spazlin's property consists of two (2) acres in the AFR-2 Zone District. However, because of steep slopes, division of her property by Twining Flats Road, and portions within the floodway and setbacks of the Roaring Fork River, a substantial portion of this total acreage is unsuitable for development. The requested variance would provide for the installation of a 30' by 40' steel accessory building. This structure would provide a much needed gazage_and storage for the owner of the property. The 1,200 s. f. floor area of this accessory building is well within the allowable floor azea for the property. The underlying zone district allocates 5,750 s. f. in maximum floor area to the property, while the existing floor azea is currently 3,487 s. f. An additional gazage and storage structure is required because the present gazage cannot be feasibly expanded, as it has four (4) foot solid concrete walls. The owner plans to convert the existing garage structure into an artist's studio for her own use. Moreover, the proposed structure would improve the aesthetics of the property, since there aze now several cars pazked in front of the residence in the driveway could be housed within the new building. For these reasons, and after careful site study, the owner has determined that the best course of action would like to place an accessory building on the northwestern portion of the property to serve as a gazage. The property is long and narrow with a continuous slope, exceeding 35% in some areas. Two possible sites were identified to place the accessory building. The site chosen would utilize a relatively flat azea on the southwest portion of the property and provide convenient access off of Twining Flats Road. As compazed to the other site identified, it would involve minimal removal of vegetation. Placing the new garage off the street in the southwest corner of the property will eliminate plowing and ice control on the present driveway which now serves as drainage to the surrounding hills and is readily prone to 000009 PLANNING AND DESIGN SOLUTIONS FOR COMNIUNITIGS .4ND PRI DATE SPCTOR CLLENLS Joanna Shaeffner • • Pitkin County Zoning Officer 2 May 2005 Page 2 icing. This icing condition makes use of the driveway hazardous, and therefore has an impact on health and safety. The new location will be level with the street and will not be located at the bottom of a long driveway and hillside drainage. On the other hand, siting the accessory building closer to the principal building in order to comply with current setback requirements would unduly reduce solaz expos~ue to the family residence and place the proposed structure on a more visually prominent location on the property. The gazage will be fmished with wood siding and will match the house in trim and color. Vegetation will be replanted. so that the completed project will be attractive in appeazance. The structure will be screened from the neighbor by a lazge existing grove of bushes that forms a natural barrier between the two properties. The subsequent overall appeal of this 1960s property will therefore be enhanced. There are several hazdships pertaining to the size and shape of this particulaz property, which is intended to remain in agricultural and residential use: The property is long and narrow with a continuous slope, in some places over 35% with a very limited portion of land available for residential use. State Highway 82 boazders the property to the west, it is bisected by Twining Flats Road, and bordered by the Roaring Fork River to the east. The setbacks complying with the underlying zone district restrict the useable portion to an inordinate extent, considering how narrow the property is and how little developable land exists on the site. Because of the unique location of the site and the way that Twining Flats Road crosses the property, the southerly property line is considered to be the front property line, with the northerly property line the reaz, even though these would intuitively be regazded as side yards given the width of the property. Along this reaz property line, the underlying zone district dictates a minimum 30 foot setback. 2. Of the total acreage, approximately 43% is useable for residential purposes due to steep slopes, setbacks, Twining Flats Road, and the Roaring Fork River. This shows how little land space is available for siting this 30'X40' accessory building. The subdivision was developed before the adoption of current setbacks, and the principal building itself is noncotifi~rming since it occurs within the reaz setback, Requiring the owner to move the shed to a location inside the building envelope would constitute a significant hazdship, since the lot is so narrow. Placing the shed anywhere other than within the western reaz yard setback would either incur negative impacts, such as removal. of several trees, minimization of solar exposure to the home, or significant costs due to steep slope mitigation. 00000 Joanna Shaeffner • • Pitkin County Zoning Officer 2 May 2005 Page 3 The site is an appropriate location for the accessory structure as it maximizes sun exposure for the main residence, involves minimal vegetation removal, utilizes existing landscape screening, and enhances the property aesthetically. Moreover, the applicant has discussed the proposed location with abutters, particulazly with the immediate abutter to the west, and believes that they are in agreement with the proposed location. No subdivision covenants exist which require specific setbacks at this location. Therefore, we aze requesting a vaziance to allow for a thirteen (13) foot reaz setback at the location of the shed, which will allow for the installation of an accessory building for garage and storage purposes. We appreciate your consideration of this matter, and we remain ready to answer any questions that you may have regazding the application. Very truly ours, Stan Clausorr, AICP, ASLA STAN CLAUSON ASSOCIATES, LLC Encl: 1. Improvement survey showing proposed site of accessory structure 2. Vicinity Map 3. Warranty Deed with current legal description of the property 4. Letter of Authorization 5. 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Jr. to u7plnu•,rt.!t: ;1' r,Ur N'rS rrnarrP ~ln„ .u „~, When rrrorded Pirax mail w. ~~~{~~ ~~~~~ ~j~O832 5,. 5ayrrilxrg 1(fiIA8fl1 vsy*. i os i ti1LL, 7 ti & SCH'.NS;"t2, t.C abl1572404 82~69P jjt4 *tetih Uai ty itiVCntM S1lV[R CNSYi$ P1tx CN CdJN7Y CD R 8.00 ~ ~~~ Provo, Utah 8464: SPECIAL WARRALV'TY DEED CAbiILLA 1C. SPARLIN, of Aspen, State of Colorado, grantor, hereby CONVEYS AND WARRANTS only against ali parties claiming by, through or under her to ELEPHANT H4LI7iNGS, LLC, grantee= whose mailing address is P.O. Box 2363, Aspen, Colorado 816 t2. for the sum of 310.00 and other valuable consideration, the fallowing described real property located in Pitktn County, State of Colorado: A trot:[ of land situated in Lot 12, Section 16, Township 9 South. Range 85 West of the Sixth Principa3 Meridian, described as follows: Beginning at a Point on the Norttieastesly right of way line of State Highway No. 8?, wbet~e the Northwest comer of said Section ib bears North 38°50`30" West, 2,932.71 feet; thence Noah 17°00'Of7" West, 135.59 feet along the Ntxzitcasterly line of said State Highway No. 8?; thence Nzrrth 7$°22'fltl" East, 618.79 fcet to rise center of the Roaring Fork River, thence South d6°35'00" East 17.38 feet along the canter of the Roaring Fork River, thence South 36°16'00" £ast 132.84 feet along the center of tiK Roaring Fork River, thence South 78°22'00" West, 671.44 feet to the point of beginning. WITNESS the hand of sazd grantor, this ~ da f .j ~ ~• CJ~r- ~. ~%' 1 ~~_ '~'~~ CAMIII,A K. SPA`RLIlV STATE OF COLORADO ss. COUNTY OF PTTKZti 7 ~/ f .yC. The foregoing instztm>rm was acknowledged before me this ~ day of _(~~~~tQGti t , 2[X74, by CA1viIl.L.4 K. SPARLIN. Witness my hand and officio! seal. +~"~ ~k OEAN ~ f T of Officer M commission expirts 000014 Camilla Spazlin P.O. Box 2363 Aspen, CO 81612 25 February 2005 Board of Adjustment Pitkin County 130 South Galena Street 3`a Floor Aspen, Colorado 81611 To Whom It May Concern: This letter is to certify that I, Camilla Spaz}iry owner of 254 Twining Flats, give Stan Clauson Associates, LLC and its staff permission to represent us in discussions with Pitkin County regazding the application for a setback variance at 254 Twining Flats. We have retained this firrn to represent us in the application for this project. If you should have any questions regazding this matter, please contact me. Their contact information is as follows: Stan Clauson, AICP, ASLA Stan Clauson Associates, LLC 200 E. Main St. Aspen, CO 81611 Tel (970)925-2323 Fax (970)920-1628 Very Truly ours, ~'- Camilla Spazlin 000015 Jart~ Free Printing ~ ~ www.averyco~ o /\~/ERY® 5160® ® ~~ 1-SOO~iO-AVE Use Avery® TEMPLATE 5160 NEWTON T RICK & VIRGINIA C PO BOX 215 WOODY CREEK, CO 81656 TAHITIAN VEN'T'URES LLC 0256 TWINING FLATS RD ASPEN, CO 81611 QUDUliS HORIZONS AT THE FORK ELEPHANT HOLDINGS LLC 5101 OLSON MEMORIAL HWY #1000 PO BOX 2363 GOLDEN VALLEY, MN 55422 ASPEN, CO 81612 COLORADO DEPARTMENT OF TRANSPORTATION STATE OF COLORADO 4201 E ARKANSAS AVE DENVER, CO 80222 i ®09L5 31V1dW31 eta^d as0 6upuud aai~ wel RUTGERS CONSTRUCTION, INC. 512 Spruce Street ~ Aspen, Colorado 81611 (970) 925-8229 ~ Fax 920-9352 ~ Emai] arutgersC~comcastnet r~ ~,~-. (mot ~-,~ ~ ~ c~ ~~ ~ ~ e ~~-- ~~ ~w\ l r z~~ ~~~'~ ~P~`I~ ~ ~ ~ ~--~ ~ ~ e~ ~~ ~ a ,~ ~~~G U-c~ ~ c~. ~ ~ c5t ~~ `~ ~ ~c~c v- l;~ ~~ ~ ~.~~ ~ ~ ~ y -~ / ooooi~ fool 08/21/2005 09:22 FAX 7805452950• AUSC&G P. A. • HORIZONS AT THE FORK 1000 Water Park Place 5101 Olson Memorial Highway Golden Valley, MN 55422 (763) 545-2720 June 21, 2005 Stan Clauson and Associates VIA FAX 1-970-920-1628 Re: Setback variance- 254 Twining Flats Road Dear Mr Clauson, On behalf of HORIZONS AT THE FORK, a partnership, the owner of the adjoining property at 0234 Twining Flats Road, the partnership has no objection to tha requested vaziance. AT THE FORK, a partnership W. L~ii~i, managing partner ~~~01g ~~ o 0 0 a~='8~ aF~~~ v ~ag ~ ~ & ~ ~ a~°z C ~ ti ti ~ r b ~. ~~ °° ~~ d ~ ~ a ~ ~ ~ a ~ C ~ x x CD c `~ H G y ~ ° ° ~ z y y z ~' ~ ~ ~ ~ £ ~s ~ = co >~ ~ =: C ~^. ~4 ~~ P'r r. 0 y z r~ o r o ~ ~ c ~ ~ y y ~ y t=i ~ ~ e $; z y zy ~~ °x g 8 ~, ~- L ~ y 0 AGENDA PITKIN COUNTY BOARD OF ADJUSTMENT June 7, 2005 5:30 P.M. Pitlcin County Courthouse NEW BUSINESS: 04-2005 Connell Development Company 26604 Frying Pan Road AKA Diamond J Ranch Requesting a 40 foot Rear Yazd setback variance where 50 feet is required for this 26.8 acre parcel in the RS-160 PUD zone district for the construction of a resort cabin. OS-2005 Sparlin, Camilla 254 Twining Flats Road Requesting a 17 foot Rear Yard setback variance where 30 feet is required for this 2 acre pazcel in the AFR-10 zone district, for the construction of a detached garage. MINUTES: Please be prepazed to commenUapprove minutes from the May 3rd meeting. PLEASE CONTACT JOANNA AT 920-5105, WHETHER OR NOT YOU CAN ATTEND THIS MEETING 00002fl PUBLIC NOTICE RE: Rear Yard Setback Variance for 254 Twining Flats Road (Case OS-2005) NOTICE IS HEREBY GIVEN that a public hearing will beheld on Tuesday, June 21, 2005, to begin at 5:30pm, or as soon thereafter as the conduct of business allows, in the Commissioner's Meeting Room in the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Boazd of Adjustment, to consider an application submitted by Camilla Sparlin, PO Box 2363, Aspen, CO 81612, requesting a 17 foot Rear Yard setback variance where 30 feet is required on this two acre parcel in the AFR-10 zone district for a detached garage. The State Pazcel Identification Number for this property is 2643-162-00-027. For further information contact Joanna Schaffner at the Pitkin Community Development Department, (970) 920-5105. Pitkin County Boazd of Adjustment Published in The Aspen Times Weekly on June 12, 2005 Pitkin County Account No. 002.02 000021 PUBLIC NOTICE RE: Rear Yard Setback Variance for 254 Twining Flats Road (Case OS-2005) NOTICE IS HEREBY GIVEN that a public hearing will be held on Tuesday, June 07, 2005, to begin at 5:30pm, or as soon thereafter as the conduct of business allows, in the Commissioner's Meeting Room in the Courthouse, 506 East Main Street, Aspen, before the Pitkin County Boazd of Adjustment, to consider an application submitted by Camilla Sparlin, PO Box 2363, Aspen, CO 81612, requesting a 17 foot Rear Yazd setback variance where 30 feet is required on this two acre parcel in the AFR-10 zone district for a detached garage. The State Pazcel Identification Number for this property is 2643-162-00-027. For further information contact Joanna Schaffner at the Pitkin Community Development Department, (970) 920-5105. Pitkin County Boazd of Adjustment Published in The Aspen Times Weekly on May 29, 2005 Pitkin County Account No. 002.02 000022 County of Pitkin } AFFIDAVIT OF NOTICE BY POSTING } ss. OF A VARIANCE HEARING BEFORE State of Colorado } THE PITKIN COUNTY BOARD OF ADJUSTMENT The undersigned, being first duly sworn, deposes and says as follows: I, F.L. (Stan) Clauson ,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 said sign was posted and visible continuously from the _26 day of Maw, 2005 to the 21 day of June , 2005. (Must be posted for at least nine (9) full days before the hearing date). A 's ure Signed before me this ~/ day of~aaF , 2005 by ~ L SraN> C~-.~ o .i _ J WITNESS MY HAND ~N;~ OFFICIAL SEAL My commission expires___~;_~~ Z©O$ Notary Public's Signature / O y 1~c/ CocaaE p # S Address ~~~~~~ ...., ,. - CON)~TNITY DEVELOPMENT DEPARTM~ ]30 South Galena Street Aspen, Colorado 81611 (9101920-5526 Pitkin County Land Use: 172 Board of Adjustment. ~~~ 159 County Land Use C1ude 173 Deposit 174 Flat Fee 162 Zoning and Sign 169 Public Notice 160 Planning Enforcement 175 Hearing Oflieer Referral Fees: 210 Airport LUCOl County Clerk 211 County Engineer 194 Environmental Health 208 Historic 19S Housing 190 Land Management 209 Redstone HPC 206 Wildlife Officer Building Fees: 170 Board of Appeals 135 Building Code Sales 105 Building Permit 100 Contractor License 120 Electrical Permit 195 Energy Code Review 115 Mechanical Permit 150 Plan Check 110 Plumbing Permit 130 Reinspection 151 Aspen Sanitation 152 AVFD Fire Marshal 158 BFD Fire Marshal ~~~ ~ S~ z~~~ Other Fees: 155 Use Tax 165 Copy PZ005 Master Plan Copy Performance Deposit 1S5 Park Dedication 1S6 Parking Cash in Lieu ~ +': ' ? ~ . ' IS GIS Requirements B1202 Road Impact Fee 81203 School Impact Fee TOTAL ) / l~ ADDRESS/ CHECK# CASE /PERMIT#: # OF COPIES: