HomeMy WebLinkAbout08/06/1998Chair THOMPSON requested the following item be added under Old Business
R1
31
M
q KLEY to
approve the agenda as amended. The motion carried 7-0, with Commissioner DUNN
absent.
The minutes of the July 2, 1998 Wheat Ridge Planning Commission were presented for
approval.
IN •
Page 2, 6th line from bottom of page, should read "Applicant requested
variance ..... rather than "Staff requested
2) Page 8, second paragraph: Mr. White's name should be capitalized.
It was moved • Commissioner GOKEY and seconded • Commissioner SNOW to approve
the minutes as amended. The motion carried 5-0 with Commissioners MACDOUGALL and
SHOCKLEY abstaining, and Commissioner DUNN absent.
Case No. MS-98-04: An application by John Cillessen for the purpose of subdividing
Wheat Ridge Industrial Center into two lots to allow sale of one lot. The property is located
at 12200 West 52nd Avenue. (Continued from July 2, 1998.)
Planning Conunission ago
07/16/98
Chair THOMPSON requested that the handicapped spaces be relocated so as not to be in the
detention pond.
John Cillessen
13202 West 58th Avenue
Mr. Cillessen was sworn by Chair THOMPSON.
It was moved by Commissioner SHOCKLEY and seconded by Commissioner GOKEY that
Case No. MS-984, a request for approval • a two -lot minor subdivision on property zoned
Planned Industrial Development and located at 12200 West 52nd Avenue, be recommended
• the City Council for APPROVAL for the following reasons:
Planning Commission Page - 3
07/16/98
1. Zoning on the property is Planned Industrial Development,
2. A subdivision is required to allow for individual ownership of the existing buildings.
3. All requirements of the Subdivision Regulations have been met.
Commissioner NOW offered the following amendment:
Condition No. 4: Language of all cross easements be approved by the City Attorney and
recorded with Jefferson County.
71 lII iI IIIIII I III III I ITI 11 g � 11 1 1 111 •
B. Case No. 9p application by Marcie Emily for approval of a zone change from
R-2 to R-C to allow office or retail business for property located at 6410 West 44th Avenue
was presented by Sean McCartney,
Mr. McCartney reviewed the staff report and presented slides and overheads of the subject
property. He entered the comprehensive plan, zoning ordinance, case file, packet materials
and exhibits into the record which were accepted by Chair THOMPSON. In conclusion, he
stated that it was staff's recommendation that the application be approved.
variance being granted. Mr. McCartney replied that ihe property would then become
nonconforming,
Marcie Emily
9080 West 32nd Avenue
Ms. Emily was sworn by Chair THOMPSON. She stated her purpose for purchasing the
property was to operate her real estate business. She felt that traffic impact would be
minimal because only 25% of her clientele visit the office. Since she would not be able to
utilize the entire space, she would probably sublet to an insurance business or similar kind of
business.
Planning Commission Page 4
07/16/98
In response to questions from Commissioner GOKEY, Ms. Emily replied that she purchased
In response to a question from Cr ner GOKEY, Mr. Reck stated that landscaping for
the property would take five to six weeks.
Chair THOMPSON asked if there were others present who wished to address this issue.
There was no response.
1 7 1 1
Planning Con unfission Page 5
07/16/98
not be compatible with the future land use plan in the area. Commissioner GOKEY
commented that there are already five RC uses • the block.
Chair THOMPSON expressed concern regarding RC uses that extend down a side street arfflc,
asked staff to evaluate how far down commercial properties can encroach into a
neighborhood. Commissioner GOKEY stated that he felt coni-ruercial would limit itself d
to the fact that lack of access from a main thoroughfare is detrimental to a business. I
Chair THOMPSON expressed her concern that if the property is sold, it could be combined
with another property to accommodate a more intense use.
Commissioner GOKEY agreed that if this lot were combined with the one behind it, there
could possibly • a more intense retail use,
It was moved by Commissioner SHOCKLEY and seconded • Commissioner BRINKMAN
that Case No. WZ-98-12, a request for approval • rezoning from Residential-Two to
Restricted Commercial for property located at 6410 West 44th Avenue, be approved for the
following reasons:
RIES •
Planning Conunission Page 6
07/16/98
2. The existing two -car garage is to be used for required on -site parking spaces only,
No additional leasing space will be permitted within the garage area.
Co mmissioner GO KEY offered the following amendment:.
Condition No. 3: All landscaping and irrigation features (to be consistent with the site plan
document submitted to the Planning Commission) be t • ♦ at least sixty days after
t + and that if this is not • b due to weather conditions t t t
established until the work can be completed.
This amendm was acceptable to Commissioners SHOCK.LEY and BRINKMAN.
Co mmissioner COLLINS offered the following amendment.
Condition No. 4: That the fence be extended to Lamar Street in accordance with City codes
and regulations.
Commissioner COLLINS stated that he would vote against the motion because he preferred.
an RC -1 zoning for the protection of the neighborhood.
The motion failed by a vote of -1 with Commissioner SHOCKLEY voting yes and
Commissioner DUNN absent.
Commissioner moved . and Commissioner BRINKMAN seconded that Case t
t " - 12, a request for approval • r rezoning from Residential-Two to
Restricted-
Commercial or property located at 64 10 West 44th Avenue be DENIED for t t
reasons:
I The range of t t in the • t mmercial zone district could
considerable -• t on adjacent residential neighborhood t the south.
The motion carried by • of ! with Commissioner
Commissioner SHOCKLEY r t applicant has endured hardship
Planning Commission Page 7
07/1 6/98
the Commission members that if more restrictive zoning is desired along 44th Avenue, that
such direction be given to staff.
There was consensus of the Commission to declare a short recess to allow the applicant to
consider possible R - zoning.
(Chair THOMPSON declared a recess at 10:10.. The meeting was reconvened at 10:15 p.m.)
Chair THOMPSON advised the applicant that she had the option of taking the case to City
Council for appeal.
y MITT # immission I VAUT1 L'
zonitig, that she would be wng to apply for an RC- I zoning.
Commissioner SNOW moved and Commissioner SHOCKLEY seconded that the motion for
tenial of the request for Case No. WZ-98-12 be reconsidered.
Commissioner SNOW moved and Commissioner SHOCKLEY seconded that Case No. WZ-
98-12, a request for approval of a rezoning and a request for approval of a variance, be
continued to August 6, 1998; that the applicant be allowed to amend her application to
change the request from Restricted-Commercial zoning to Restricted-Commercial-One
zoning; that no additional fee be charged; and that the property be properly posted and
published in accordance with City regulations.
C. Case No. ZOA-98-05: An application by the City of Wheat Ridge for an amendment to 0
Section 26-5. Definitions for the definitions of - Net and Maximum Density within the Zom
portion of the Code of Laws (continued from July 2). 1
This case was presented by Alan White. He recommended that the case be tabled for
reasons outlined in the staff report.
Commissioner SNOW stated that if someone should come to the City within the next tw*
weeks to apply for a PRD, she would like to see the process for computing net density
clearly outlined.
Commissioner SNOW moved and Commissioner SHOCKLEY seconded that staff draft an
*rdinance to define net density to be included in all zone districts which specify a numerical
ilensity.
1, IF F I �'i'I � I I I �ii 1 111 1 1
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07/16/98
9. OLD BUSINESS
A. Saulsbury and Teller Development - Commissioner SNOW requested that staff
investigate the storm drain situation in this area before the matter is heard by City
Council. She stated that even though the nearest storm drain was reported to be at
26th and Pierce, she has recently learned that there is a storm drain at the intersection
of the sub ect property.
j
Mr. White commented that this matter may be coming before the Plannin
Commission again as a result of redesigning the property. I
B. Sign Code - Commissioner SNOW requested staff to investigate the large banners
and sips at Friendly Ford to see if they are in compliance with the sip code.
C. Brewer Property - Commissioner SNOW requested an update on the situation of
whether or not the back property was being used for sales. Mr. White stated that
staff sent a letter to the owner explaining that if such activity were taking place, it
would be a violation of City regulations.
1 1 111 111 1 111 11 1�11�11pjj 111 1�11�!: 11�11 1�11111111 11111 �111
Commissioner GOKEY asked for clarification regarding fire protection for Case N*
There was no new business.
Planning Commission Page 9
07/16/98
that the Montessori School is a public school and the City has only the right of review and
comment on any plans for school construction.
Commissioner CC) Y" expressed concern about the lack of City jurisdiction with the
increase in charter schools which will result if the voucher system is ever instituted.
Mr. White advised the Commission that a letter was sent to the school district advising them
of the proper procedures to follow in notifying the City.
101tamu=-10
Mr. White advised that he will provide members of the Commission with copies of the letter
from the school that outlines their funding, land ownership, etc.
Chair THOMPSON suggested drafting a letter to State representatives expressing the City's
concerns with problems associated with the changing school trends.
how other municipalities are dealing with this matter. Mr. White stated that he would send
a memorandum to the city manager in this regard and that he would also contact the
American Planning Association.
III gill
11 -
Commissioner BRINKMAN suggested consideration of hiring an extra employee to cut
iown noxious weeds in city rights-of-way.
M 11111
10 nor MeMs #00I N
Planning Commission Page 10
07/16/98
Chair THOMPSON commented that Commission members should contact the staff before
the Planning Commission if they have any major changes to public hearing matters.
It was moved by Commissioner SNOW and seconded by Commissioner SHOCKLEY th
the meeting be adjourned at 11:35 pm. The motion passed by a vote of 7-0 with
Commissioners DUNN absent. i
FaN ME
• MMMM��
Planning Commission
Page 11
07/16/98
CITY OF WHEAT RIDGE
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LOCATION OF REQUEST: 3195 195 Saulsbury Street
NAME & ADDRESS OF APPLICANT(S):
Alec Garbini
CM2 Management
1
1547 Cole Blvd.
Golden, CO
APPROXIMATE AREA: 2.042 acres
PRESENT ZONING: R-2 and R-3
I
DATED LEGAL NOTICES SENT: July 14, 1 998
CITY OF WHEAT RIDGE
LOCATION OF REQUEST: 3601 Wadsworth
NAME &: ADDRESS OF APPLICANT(S):
Chesrown Automotive Group, Inc.
7320 North Broadway
Denver, CO 80221
NAME & ADDRESS OF OWNER(S);
Same as above.
APPROXIMATE AREA.
10.75 acres entire site, 1.71 acre parking tot
PRESENT ZONING: `
'Planned Commercial District (PCD)
PRESENT LAND USE:
Vacant, temporary employee /customer parking lot
SURROUNDING ZONING:
N: Residential Three and Restricted Commercial; E & S:
Residential Three and Residential Two; W. Residential Three and
PRIM.
SURROUNDING LAND RISE:
N: Multi- Family Residential and Automobile dealership; E:
Commercial, Multi - Family and Vacant, S: Duplex and Multi-
Family; W: Multi - Family.
COMPREHENSIVE PLAN:
Commercial Activity Center on the northern half and Medium to
High Density Residential on the southern half. Draft
Comprehensive Plan shows Community Commercial
Service/Employment Center.
DATE PUBLISHED: July 22, 1998
DATE POSTED: July 22, 1998
DATED LEGAL NOTICES SENT: July 22, 1998
(X) COMPREHENSIVE PLAN
ORDINANCE (X) ZONING
SUBDIVISION REGULATIONS
(X) CASE FILE & PACKET MATERIALS
SLIDES
(X) EXHIBITS
JURISDICTION:
The property is within the City of Wheat Ridge, and all notification and posting requirements have been met,
therefore, there is jurisdiction to hear this case.
1. REQUEST
Approval is requested for an amended Outline Development Plan for the entire site, and approval of a
combined Preliminary and Final Development Plan for the employee/customer parking lot on the
northeast comer of the property. ,
11. CASE HISTORY
111, NEIGHBORHOOD MEETING
A meeting for neighborhood input was held on May 26, 1998, The following persons were in
attendance:
Ralph Hanna
7801 W. 35th
Walt Schreibman
7455 W. ' )5th
Elvera Coogan
7801 W. 35th #304
Angeline Garramone
7801 W. '35th #311
Deanna Leino
3712 Allison
Lorraine & Norman Marls
6986 Parfet
Betty Winegar
7801 W. 35th #207
C.C. Wiggin
3720 Yukon Ct.
Dick Culex
P.O. Box 653
Paul Dunike
7863 W. 38th
Nancy White
Owner' )705-21 Yukon
Planning Commission Page 2
WZ-98-13/Chesrown
C.�
The following concerns were expressed:
IV. AGENCY REFERRALS
The following agencies responded to the referral:
Jefferson County Planning - No comments.
Planning Commission Page 3
WZ-98-131 Chesrown
Agencies sent referrals, but not responding:
Wheat Ridge Sanitation District
Public Service Company
US West
IT"111111011MIGN 0 0
That the change of zone is in conformance, or will bring the property into conformance,
with the City of Wheat Ridge Comprehensive Plan goals, objectives and policies,
comprehensive land use plan and other related policies or plans for the area.
2. That the proposed change of zone is compatible with the surrounding area and there will
be minimal adverse impacts considering the benefits to be derived.
There is no change in zoning. The amendment to the PCD contains the same restrictions in uses,
landscape buffers and access points as the original PCD Outline Development Plan. Prior to any
Planning Commission Page 4
WZ-98-13/Chesrown
. That adequate infrastructure /facilities are available to serve the type of wises allowed by the
change of zone, or that the applicant will upgrade and provide such where they do not exist
or are under capacity.
Adequate infrastructure and service are in place to serve the parking; lot. eater, sewer, and storm
sewer facilities will need to be provided at the landowners expense when the southern portion of
the site is developed,
5. That the proposed rezoning; will not adversely affect public health, safety or welfare by
creating excessive traffic congestion, creating; drainage problems, or seriously reducing
light and air to adjacent properties.
With the setbacks provided and the addition of •
adjacent parking lot not . or
safety, or create drainage problems. Further drainage details and a traffic study to
assess impacts of development of the remainder M
la. That the property cannot reasonably be developed under the existing zoning conditions.
development The current Outline Development Plan allows for reasonable
arose fashion. The need for the amendment •
approved, where. the parking lot is proposed and where the TUP for the parking lot was
amendment to the plan is required - to permit parking on this portion of the site.
Planning Commission Page S
WZ- - l 30Chesro n
C -5
7. That the zoning will not create an isolated or spot zone district unrelated to adjacent or
nearb areas.
I
Not applicable.
8. That there is a void in an area or community need that the change of zone will fill by
providing for necessary services, products or facilities especially appropriate at the
location, considering available alternatives.
This is not possible to ascertain. It may be that future commercial development will fill a void in
services of the nearby neighborhoods.
The aniended Outline Development Plan and Preliminary/Final Development Plan are needed to allow
parking on the site as currently exists. Providing parking at this location solves a problem create w en
employees parked on Yukon Court due to the limited spaces on the dealership lot.
The amended Outline Development Plan proposes the same use restrictions, landscape buffers, access
points, building square footage, and maximum paved area as the original plan. One acre of wetlands has
M een added to the site, as well as provisions for pedestrian connections.
Planning Conim ission Page 6
WZ-98-13/Chesrown
c -c�
Staff is also concerned about the possible future uses on the property, The Outline Development Plan
contains a Section on Allowable Uses, The language should be amended to reflect the date of the
current Code, as amended, in referencing the uses allowed in the Commercial-One district. This will
eliminate confusion in the future by referring to a 24 year old code. The following uses should
considered for addition to the list of uses not allowed:
I . Auto service and repair and maintenance shops
2. Public and private schools
3. Automobile and light duty truck sales and rentals
There may be other uses the Commission may want to consider, Note #4 under General Notes is a
concern. This note would allow the southern portion of the property to be used for additional parking for
the dealership,
VIL RECOMMENDED MOTIONS
Outline QeVC1QVn1g1!!_Plan:
Option A: "I move that Case No. WZ-98- B, a request for approval of an amended Outline
Development Plan be APPROVED for the following reasons:
I The amended Plan is consistent with Draft Comprehensive Plan
2. The amended Plan resolves a parking problem on Yukon Court.
3. The development standards meet or exceed those of the Commercial-One zone district.
4. The anticipated impacts from the amended Plan are no greater than with the currently
approved plan.
With the following conditions:
A. Auto service and repair and maintenance shops
B. Public and private schools
C. Automobile and light duty truck sales and rentals
Planning Commission Page 7
WZ-98-13/Chesrown
C-1
Option B: "I move that Case No. WZ- 98- 13, be DENIED for the following reasons:
L,
Preliminary[Figal Development Plan:
Option A: "I move that Case No. WZ-98-13, a request for approval of a combined Preliminary and Final
Development Plan, for the I .74 -acre site located at 3601 Wadsworth be APPROVED for the following
With the following condition:
1. Twenty-one shrubs will be added to the landscape plan to meet Code requirements."
Option B: "I move that Case No., be APPROVED for the following reasons:
1.
C�'
Plannincy Cominission Page 8
WZ-98-13/Chesrown
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VICINITY MAP
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Planning ai _` Development Department
7500 West 29th \venue. Wheat Ridge, CO 80033
Kme(30235-2846
Applicant Chesrown Automotive Address 7320 North Broaclwa Phone3
Group, Inc. City —De—ze—cr-1-1-
Owner Chesrown AutoMolive Address. 7320 Nor tb_ar_Qadwiy__ Phone 3 0 3 650-3401
Group, Inc. City — Denver, GO 80221
Type of action requested (check one or more of t to actions listed below which pertain to your request.)
Change of zone or zone conditions
E]
Variance / Waiver
Site development plan approval
E]
Nonconforming use change
D
Special Use Permit
EJ
Flood plain special exception
Conditional Use Permit
E]
interpretation of Code
Temporary Use, Buildings, Signs
Lot line Adjustment
Minor Subdivision (5 lots or less)
Planned Building Group
E] Subdivision (More than 5 lots)
Street Vacation
] Preliminary [] Final
Other: QUE. PUP. EQE!
Detailed description of the request Concurrent
Plan; Preliminary Development Plan on
11.2 AC site and Final Development Plan on 1.5+
AC. Parking lot within 11.2 AC site
Fill out the following information to the best of }
:-ur knowledge.
Current Zoning: Planned Development District
(c-1)
Size of Lot (acres or square footage}: 11.2 AC
Current use: Vacant 11.2 AC. Parki
Proposed use: PI@nned,,.J2ev!glQpment I)L-axict
Assessors Parcel Number: 39-262-0Q-Q13_.,_
I certif that the information and exhibits herewi
11 submitted are true and correct to the best of my knowledge
and that in filing this application, I am acting w
th the knowledge and consent of those persons listed above,
without whose consent the requested action
. t lawfully be accomplished, Applicants other than owners
must submit power-of fro t w er
F
vh' h approved of this action on his behalf.
Signature of Applica =1 Z
�S
--)scribed and sworn me Lhi 7 day of'dAa�L, 9 e l�
d and sworn me 'S7 a y c
L
ubr
N ubi
N P
t 0 r P
o n
My com mission expires
My C OM ommissmiss
bate received
Case No.
Related Case No. Zoning
Quarter Section Map &2olge
LAND USE CASE �IROCESSING APPLICATION
C- 15