HomeMy WebLinkAboutWA-98-067500 West 29th Avenue
Wheat Ridge, Colorado 80033 -
Telephone 303/ 237-6944
FAX 303/234-5924
April 2, 1998
Mr. Ben Schnell
12180 West 35th Avenue
Wheat Ridge, CO 80033
Dear Mr. Schnell:
Ridge
Please be advised that at its meeting of March 26, 1998, the Board of Adjustment DENIED your
request for a five-foot side yard setback variance to the five-foot side yard setback requirement for the
purpose of constructing an enclosed garage at 12180 West 35th Avenue.
Attached is a copy of the Certificate of Resolution stating the Board's decision which became
effective the date of the meeting, March 26, 1998. Should you decide to appeal the decision of the
Board, you will need to notify the Jefferson County district court in writing within 30 days of the
Board's decision.
Please feel free to contact me at 235-2846 if you have any questions.
Sincerely,
v5e;ct~ftf~ c o✓
Barbara Delgadillo
Planning and Development Secretary
Attachments: Certificate of Resolution
/bd
The City of
Wheat
cc: WA-98-6
CERTIFICATE OF RESOLUTION
I, Ami Lazzeri, Secretary to the City of Wheat Ridge Board of Adjustment, do hereby certify that
the following Resolution was duly adopted in the City of Wheat Ridge, County of Jefferson,
State of Colorado, on the 26th day of March, 1998.
CASE NO: WA-98-6
APPLICANT'S NAME: Ben Schnell
LOCATION: 12180 West 35th Avenue
Upon a motion by Board Member HOVLAND, seconded by Board Member WALKER, the
following resolution was stated:
WHEREAS, the applicant was denied permission by an administrative officer; and
WHEREAS, Board of Adjustment application Case No. WA-98-6 is an appeal to this Board
from the decision of an administrative officer; and
WHEREAS, the property has been posted the required fifteen days by law and there were no
protests registered against it; and
WHEREAS, the relief applied for may be granted without detriment to the public welfare and
without substantially impairing the intent and purpose of the regulations governing the City of
Wheat Ridge.
NOW, THEREFORE, BE IT RESOLVED that Board of Adjustment Application Case No.
WA-98-6 be, and hereby is, approved.
TYPE OF VARIANCE: A request for approval of a five-foot side yard setback variance to the
five-foot side yard setback requirement for the purpose of constructing an enclosed garage.
FOR THE FOLLOWING REASONS:
The proposed garage will allow for adequate separation between the adjacent structure to
the west.
2. Approval of the request will not alter the essential character of the locality.
Approval of the request may provide a benefit to the neighborhood in that there may be
some aesthetic relief from outside parking and storage.
Case No. WA-98-6/Board of Adjustment Resolution
Page 2
4. This particular home is unlike most in the neighborhood in that it doers not have the same
amount of space for storage as other homes.
With the following conditions:
The garage must be designed so the style and materials match the applicant's existing
house.
2. Rain gutter downspouts must be directed to allow for rain water to flow away from the
property to the west.
Board Member ABBOTT offered the following amendment:
With a further condition that the applicant pull a building permit to include all the
additional living space indicated to the Board through testimony and as indicated in item
no. 3 of the construction estimate from Bader Burke & Company, Inc.
The amendment was accepted by Board Members HOVLAND and WALKER.
The motion failed by a vote of 5-2.
VOTE: Yes: Abbott, Hovland, Thiessen, Mauro and Walker
No: Echelmeyer and Howard
Absent: Junker
DISPOSITION: A request for approval of a five-foot side yard setback variance to the
five-foot side yard setback requirement for the purpose of constructing an enclosed garage
was denied, based on Chapter 2, Article 3, Section 2-53 (d) of the City of Wheat Ridge
Codes of Law which state that Board of Adjustment motions not carried are thereby
deemed denied.
ADOPTED and made effective this 26th day of March, 1998.
NDA MAURO, Chairman Ann Lazzeri, Secretary
Board of Adjustment Board of Adjustment
CITY OF WHEAT RIDGE
PLANNING DIVISION STAFF REPORT
TO: Board of Adjustment
DATE OF MEETING: March 26, 1998 DATE PREPARED: March 18, 1998
CASE NO. & NAME: WA-98-6\Schnell CASE MANAGER: Sean McCartney
ACTION REQUESTED: Request for approval of a 5' setback variance to the 5' side yard setback
requirement.
LOCATION OF REQUEST: 12180 West 35" Avenue
NAME & ADDRESS OF APPLICANT(S) Ben Schnell
12180 West 35" Avenue
Wheat Ridge, CO 80033
NAME & ADDRESS OF OWNER(S) Same
APPROXIMATE AREA:
PRESENT ZONING:
PRESENT LAND USE:
SURROUNDING ZONING:
SURROUNDING LAND USE:
DATE PUBLISHED:
DATE POSTED:
DATED LEGAL NOTICES SENT:
AGENCY CHECKLIST:
RELATED CORRESPONDENCE:
9,225 square feet
Residential One A
Single Family Residential
N:, E:, W: and S: Residential-One A
N:, E: W: and, S: Residential Single Family
March 6, 1998
March 12, 1998
February 27, 1998
( ) (XX) NOT REQUIRED
( ) (XX) NONE
ENTER INTO RECORD:
( ) COMPREHENSIVE PLAN (XX) CASE FILE & PACKET MATERIALS
(XX) ZONING ORDINANCE (XX) EXHIBITS
( ) SUBDIVISION REGULATIONS O OTHER
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.
I. REQUEST
This case was originally brought before the Board of Adjustment on December 12, 1996 for a similar
request. The applicant, at that time, was requesting a 5' side yard setback variance to allow for the
construction of a carport. The Board made a motion for approval, but the motion failed with a vote of 4-
2. A copy of the minutes have been attached to this report.
Now, the applicant is requesting approval of a 5' side yard setback variance to the 5' side yard setback
requirement for the construction of an enclosed garage addition. If the request is approved, the garage
addition will be located on the western property line, approximately 10' from the neighbors adjacent
garage to the west.
Pursuant to Section 26-11(F) of the Wheat Ridge Code of Laws, an attached garage located in the
Residential-One A zone district must retain a 5' side yard setback from the side property line. This
would be the same requirement for a carport or detached garage as well.
The applicant had spoken with all of his neighbors prior to his submittal and reports that there has not
been any objection to the request.
If the variance is approved, staff requests that the garage addition match the design and materials of the
existing residence.. Also, no portion of the structure may extend over the western property line and the
rain gutter down-spouts must be designed to direct the flow of water away from the adjacent property to
the west.
II SITE PLAN
As shown on the attached site plan, the property is an interior lot which measures 75'X 125', or
approximately 9,225 square feet. Most of the property is topographically flat, with a gradual slope
toward the south property line. There is an existing single-car garage located on the west side of the
property. The applicant is proposing to place the garage addition on the same side of the house.
Attached to this report are placement alternatives submitted by the applicant. As the site plans show,
there are other areas on the property where a garage can be located to comply with the setback
requirements.
III CRITERIA
Staff has the following comments regarding the criteria to evaluate an application for a variance:
1. Can the property in question yield a reasonable return in use, service, or income if
permitted to be used only under the conditions allowed by regulation for the District in
which it is located?
Yes. If denied, the property may continue to be used as a single-family residence, thereby
allowing for a reasonable return in use, service, and income.
2. Is the plight of the owner due to unique circumstances?
No. The plight of the owner is due to a need for more enclosed parking. There aren't any other
unique circumstances attributed to this case.
3. If the variation were granted, would it alter the essential character of the locality?
No. Although the garage in question will be located on the property line, there are other
instances in the neighborhood which show setback encroachments for structures. Therefore, the
essential character of the locality should not be effected.
4. Would the particular physical surrounding, shape, or topographical condition of the
specific property involved result in a particular hardship (upon the owner) as distinguished
from a mere inconvenience if the strict letter of the regulations were carried out?
No. Although the property has a gradual slope to the south, the majority of the property is
relatively flat and rectangular in shape. Therefore, there isn't any topographical feature or
irregular shape which would result in a particular hardship.
5. Would the conditions upon which the petition for a variation is based be applicable,
generally, to other property within the same zoning classification?
Yes. Anyone may apply for the same type of variance request. However, because variances are
reviewed on a case by case basis, the outcome may not be the same.
6. Is the purpose of the variation based exclusively upon the desire to make money out of the
property?
No. The purpose of the variance is solely based on additional enclosed parking space.
Has the alleged difficulty or hardship been created by any person presently having an
interest in the property?
Yes. The hardship has been created by the applicant who has sole interest in the property.
8. Would the granting of the variation be detrimental to the public welfare or injurious to
other property or improvements in the neighborhood in which the property is located?
No. Approval of this variance will not be detrimental to the public welfare or injurious to other
property improvements in the area. The proposed structure will be located 10' from the adjacent
structure to the west, which is currently a two car garage.
9. Would the proposed variation impair the adequate supply of light and air to adjacent
property or substantially increase the congestion in the public streets or increase the
danger of fire or endanger the public safety or substantially diminish or impair property
values within the neighborhood?
Board of Adjustment Page 3
WA-98-6
values within the neighborhood?
No. Even though the proposed structure, if approved; will be located on the western property
line, there will still be a 10' separation between structure therefore allowing for an adequate
supply of light and air between the structures. Also, because 10' is the required separation
between structures listed in both the Wheat Ridge Code of Laws and the 1994 Uniform Building
Code, the danger of fire should not increase.
10. If it is found in criteria 8 and 9 above, that granting of the variation would not be
detrimental or injurious to other property or improvements in the neighborhood, and it is
also found that public health and safety, public facilities and surrounding property values
would not be diminished or impaired, then, would the granting of the variance result in a
benefit or contribution to the neighborhood or the community, as distinguished from an
individual benefit on the part of the applicant, or would granting of the variance result in a
reasonable accommodation of a person with disabilities?
Approval of this request will not directly benefit the neighborhood monetarily, but it may
provide aesthetic relief from outside parking and storage. Therefore, approval of this request
may contribute to the neighborhood.
IV STAFF CONCLUSION
Staff concludes that the above criteria does not support approval of this request. Even though approval
of the garage should not impair the adequate supply of light and air to the adjacent property and the
danger of fire is not increased, staff does believe there are other alternatives to locate this garage on the
property that will comply with all district regulations.
V RECOMMENDED MOTIONS
Option A: "I move that case no. WA-98-6, a request for a 5' side yard setback variance to the 5' side yard
setback requirement for a property zoned Residential-One A and located at 12180 West 35 h Avenue, be
APPROVED for the following reasons:
1. The proposed garage will allow for adequate separation between the adjacent structure to the
west.
2. Approval of the request will not alter the essential character of the locality.
With the following condition:
1. The garage must be designed so the style and material match the applicants existing house.
2. Rain gutter down-spouts must be direct to allow for rainwater to flow away from the property to
the .west."
Option B: "I move that case no. WA-98-6, a request for a 5' side yard setback variance to the 5' side yard
setback requirement for a property zoned Residential-One A and located at 12180 West 35`h Avenue, be
DENIED for the following reasons:
Board of Adjustment Page 4
WA-98-6
1. There are other locations on the property where a detached garage may be located."
Board of Adjustment Page 5
WA-98-6
t)m
OFFICIAL
ZON I N6 MAP
WHEAT RIDGE
COLORADO
MAP ADOPTE6 June 15, 1994
Last Revision. September 16, 19%
DEPARTHM OF PL"lWo AW DEVRDR'EKT -.2~6-7852
LAKEWOOD
IOO-YEAR FLOOD PLAIN
(APPROXIMATE LOCATION)
ZONE DISTRICT BOUNDRY
- PARGEL/LOT BOUNDRY
(DESIGNATES OWNERSHIP)
CITY LIMIT LINE
WATER FEATURE
• DENOTES MULTIPLE ADDRESSES
II
NE 2C)
SCALE I'-4OO
L:\DRAWINGS\PLANNING\DS\NE29
WHEAT RIDGE BOARD OF ADJUSTMENT
r MINUTES OF MEETING: December 12, 1996 Page 7
2. Even though the Board of Adjustment on approval of the
previous TUP made a condition there shall not be
anymore TUPs issued for the firewood business, staff
has recommended approval upon the condition that the
applicant immediately applies for a Special Use Permit.
3. The Temporary Use Permit shall only be for the purpose
of making the applicant's use legal until the Special
Use Permit process is complete. The Temporary Use
Permit shall terminate upon City Council's final
decision regarding the Special Use Permit.
WITH THE FOLLOWING CONDITIONS:
1. If the business changes ownership, the Temporary Use
Permit will be revoked.
2. The wood to be sold will be maintained in a neat and
orderly manner.
3. The applicant can cut and split wood only that he
requires as a direct result from his tree maintenance
service.
4. The cutting and splitting of wood will be restricted to
the hours between 9:00 a.m. and 4:00 p.m., Monday
through Friday.
5. Any complaints that come to staff's attention be
referred to the board who may reserve the right to
recall the applicant and reconsider the case.
6. The applicant immediately applies for a Special Use
Permit.
Motion was seconded by Board Member JUNKER. Motion carried
6-0. Resolution attached.
E. Case No. WA-96-40: An application by Ben Schnell for
approval of a 5' side yard setback variance to the 5' side
yard setback requirement to allow the construction of a 9' x
22' carport. The property is zoned Residential One-A and
located at 12180 W. 35th Avenue.
Sean McCartney presented the staff report. All pertinent
documents were entered into record, which Chairman WALKER
accepted.
Board Member HOVLAND questioned that a fire hazard is not an
issue as long as the structure remains open on two sides,
and Mr. McCartney replied correct.
Chairman WALKER asked if there were any requirements for
/ covered parking spaces in the code, and Mr. McCartney
\ answered no.
WHEAT RIDGE BOARD OF ADJUSTMENT
MINUTES OF MEETING: December 12, 1996 Page 8
The applicant, Ben Schnell, 12180 W. 35th Avenue, was sworn
in. Mr. Schnell was in agreement with the staff report.
Board Member HOVLAND asked if he will be building with the
existing roofline, and Mr. Schnell answered he would
continue with the roof line, however it is 12 feet in
height, and the carport will only be 8 feet, but they will
have the same pitch.
No further questions were asked.
Motion was made by Board Member HOVLAND, that Case No. WA-
96-42, an application by Ben Schnell, be APPROVED for the
following reasons:
1. The Board finds that based upon all evidence presented
and based upon the Board's conclusions relative to the
nine specific questions to justify the variance, the
evidence and facts in this case do support the granting
of this request.
2. There appear to be other similar structures in the
neighborhood.
3. Most homes in the area do include a two-car garage.
WITH THE FOLLOWING CONDITIONS:
1. The design be archetechually compatible with the house.
2. The structure shall not be enclosed.
3. The downspouts be designed to direct the water run-off
away from the adjacent property.
Motion was seconded by Board Member JUNKER.
Board Member ABBOTT stated he will be voting no on this
because there are no unique hardships or circumstances. He
feels the request runs counter to the intent of the setbacks
which is to leave open space for visual aesthetics and for
fire separation.
Motion failed by a vote of 4-2, with Board Member ABBOTT and
Chairman WALKER voting no. Resolution attached.
5. CLOSE THE PUBLIC HEARING
6. OLD BUSINESS
Sec. 26-11. Residential-One A District (R-IA).
(A) Intent and Purpose: This district is established to provide high quality, safe, quiet and stable
low-density residential neighborhoods, and to prohibit activities of any nature which are incompatible
with the low-density residential character.
(B) Permitted Principal Uses: No building or land shall be used and no building shall be hereafter
erected, converted or structurally altered unless otherwise provided herein except for one (1) or more of
the following uses:
(1) Same uses as permitted in R-1 district.
(C) Permitted Accessory Uses and Accessory Buildings:
(1) Same uses as permitted in R-1 district.
(D) Conditional Uses: The following uses shall be permitted only upon approval of the Wheat Ridge
Planning Commission, following procedures as set forth in section 26-6(A):
(1) Same uses as permitted in R-1 district.
(E) Special Uses: The following uses shall be permitted only upon approval of the Wheat Ridge
Planning Commission and city council, following procedures as set forth in section 26-6(B):
(1) Same uses as permitted in R-1 district.
(2) Small day care center, day care center.
(F) Development and Use Regulations-Residential-One A District (R-IA):
Minimum
Maximum- Minimum Minimum Front Minimum Minimum
d Side Yard Rear Yard
Y
ar
Maximum Building Lot Lot
Height Couerage"u Am(" Width(P Setback Setback`' SetbackfD/
One-family dwelling 35' 30% 9,000 sf 75' - 304c1 54d) 10'
' 3044 Sod' 10'
J)e
Group home 35' 30% 9,000 sf 75
. Detached garage or carport 20' 1,000 sf 9,000 of 75' 304" 5' 5'
' 54d 54e1
'
30
Private storage shed 2041' 400 sf 9,000 sf 75
Churches, school's, govermnent
and quasi-government build-
golf courses 35' 30% 1 acre 200' 304" 154" -'a 20'
ings
'
4d)
,
10
All other uses 35' 30% 9,000 sf 75' 304" 5
(a) Any side yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
(b) Any rear yard which abuts a public street shall have a minimum setback of thirty (30) feet for all structures.
(c) Front setbacks for structures on lots or portions of lots which abut cul-de-sacs may be reduced to ten (10) feet for those portions
of lots which abut a cuWe-sac bulb. (See Figure 26-5.3.)
(d) A total of fifteen (15) feet side yard-setback for every individual lot with a minimum of five (5) feet on one (1) side.
(e) Any building or structure which houses animals, except a residence, shall be set back fifteen (15) feet from property lines and
at least thirty t30) feet from a residence on an adjacent parcel.
(0 Fifteen-foot setback for the first story and rive (5) feet for each additional story. -
Supp. No. 18 1710
NOTICE OF PUBLIC HEARING
Notice is hereby given that a Public Hearing is to be held before the City of Wheat Ridge
BOARD OF ADJUSTMENT on March 26, 1998, at 7:30 p.m. at 7500 West 29th Avenue,
Wheat Ridge, Colorado. All interested citizens are invited to speak at the Public Hearing or
submit written comments. The following petitions shall be heard:
Case No. WA-98-4: Application by Gary Bryan for a five foot rear yard setback variance
to the 15' required rear yard setback to build a new six bay automotive repair shop and a
nail salon located at 9205 W. 44th Avenue within the Commercial-One zone district.
2. L, Case No. WA-98-6: Application by Ben Schnell for a five foot setback variance to allow
for an enclosed garage at 12180 W. 35th Avenue within the Residential-One A zone
district.
Barbara Delgadillo, Recorgi g Secretary
ATTEST:
Wanda Sang, City Clerk
To be Published: March 6, 1998
Wheat Ridge Transcript
d:\fil es\wp\boa\pubhrgs\wa984&6
The City of
7500 WEST 29TH AVENUE
WHEAT RIDGE, CO 80215-6713 (303) 234-5900 GWh e at
City Admin. Fax # 234-5924 Police Dept. Fax # 235-2949 Ridge
February 27, 1998
Dear Property Owner:
This is to inform you that Case No. WA-98-6 which is a request for approval of a five
foot setback variance to allow for an enclosed garage at 12180 W. 35th Avenue within
the Residential-One A zone district build a new six bay automotive repair shop and a
nail salon located at 9205 W. 44th Avenue within the Commercial-One zone district
will be heard by the Wheat Ridge Board of Adjustment in the Council Chambers of
the Municipal Complex at 7500 West 29th Avenue. The meeting will be held on
March 26, 1998, at 7:30 p.m.
All owners and/or their legal counsel of the parcel under consideration must be present
at this hearing before the Board of Adjustment. As an area resident or interested
party, you have the right to attend this Public Hearing and/or submit written
comments. It shall be the applicant's responsibility to notify any other persons whose
presence is desired at this hearing.
If you have any questions or desire to review any plans, please contact the Planning
Division at 235-2846. Thank you.
Planning Division.
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SCNNELL VARIANCE APPLICATION
12180 W. 35th Avenue
Neighborhood Variants to Whc;<at. Ridge City Cade
i) 3470 vivian Ct
a`s's 'k1han 5 mid ?Ya.rd Sat,baC~(,- rear, Cor'il^_-r o~, the L;a.'"age, sits on
the r.)rope.Yty Brie with li) to the adjacent: garage
2) ',;520 iii) ard Rd.
1_a ~:S 'Y hah .`-i 5 Si_layard setback - car',JOr t Erect,d 2-3 fi'C1 !l
property Line r)].e;,cing it. ',.vithirl 8 of tha. ad;iac'e:n(:, gerag?e
3-00 Vivian C't.
6? t,it r-`1,ri 5- ->id(3+ariJ Set_baCi<.-- carport or'ecti=?d 1-..2- From he,
pt operts Iira, with no neai 1.")y adjacent, sU-u(;t.(Ara
'b) St,
Le,9ss Lhca fi sir. eyc-,r d carK)(.?r t erCC'tcE d On _h•~ propelrty
line rviLh only 5 to he livin,.r area a, tile, adja ce-,t Horne
c j 1239 5 Ir.), 3 sth PI
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as than 0 Fr-C i t, set.b~ack frond a r)ubIi c t r ey-t- 2 ca 'r garage
ert cte,d 1 5" fr om W. 34,: i Pl.
6) 12335 W, 30th PI.,
I e s s han 5sidey~f.r ci tbr:+ck 2 Ca r ga. r'ag(,- e`.aC t,e Ci [.--:3 from the
plr opel'. 'Cy ia plaol.ng it-. W7..t-tin 8 of t. fitD Iivi(1g space" o'f the "adj & &3nt
hc)ine
7) 3313 Wr'1ght ::3 c,
L -,~r h.ar) r sideyard set.bacl<- 2 car garage arec.ted 3-3 1 / 2" From
the property I7ne:= plac,irig it Witi'lin 8' of the adjacent garrige
8) 1 2075 ~rJs 29th F'I.
Less than 30 fr"oiit setback fr'orn i.. ]'JU.blic Strati):; - this piclper T.y
Wass recently rrantr..d a variance by the City of Wheat. Ridge to add orfto
an axi,ting car attached garage
.
(P1oLc,r this list, is i.l.iustrative bu.t, by no niaanis exr'laustS_ti=a or var"i,:.a,nt:
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The City of
Wheat ADMINISTRATIVE PROCESS APPLICATION
~Ridare Department of Planning and Development
6 7500 West 29th Ave., Wheat Ridge, CO 80033
Phone (303) 237-6944
Applicant Bee) -5",C4 ,~Ld Address /7/60 35 ~ &Y7 Phone 3 03 a3 2 - 11 Z
Owner 5ornZ Address Phone
Location of request 5~1 -
Y\-2-Type of action requested (check one or more of the actions listed below
which pertain to your request.)
❑ Change of zone or zone conditions Variance/Waiver
Site development plan approval Nonconforming use change
Special use permit Flood plain special exception
Conditional use permit Interpretation of code
Temporary use/building permit Zone line modification
H Minor subdivision Public Improvement Exception
Subdivision Street vacation
8 Preliminary Miscellaneous plat
Final Solid waste landfill/
❑ See attached procedural guide mineral extraction permit
for specific requirements. ❑ Other
Detailed Description of r/eques/i7c ~w e ov y~
q!/D~Jav ar enr5ec~ o GrG 5 e
List all persons and companies who hold an interest in the described real
property, as owner, mortgagee, lessee, optionee, etc.
NAME /r I ADDRESS / Q ` PHONE
i 1 `zo
3 end .I V,-\ ~~1h vt¢.I/ I z 1 B D Z11/, 3 5 f/' a~ 4C JJ,,e Cj) 3D3/0,3Z
Me ovi 10 i R ! i77 Sri zsn o ~S 4c Zoo f9 CC)' Sao z6 'E D5
/J~'C3a lz of S 17x1 ~a PO 15OX SYOa J/9~X hs~/S SI7 57ii7 4- Z t3
S'/u9~ 4;D,0/Z$5 8515
I certify that the information and exhibits herewith submitted are true and
correct to the best of my knowledge and th in filing this application, I
am acting with the knowledge and cons t f those persons listed above,
without whose consent the re ueste cti annot lawfully be accomplished.
Applicants other than own mu mit po er-of-attorney from the owner
which approved of this c on on be al .
Signature of Applicant
Subscribed and sworn to me this Z' day of rcor 19 q8
Notary Public
SEAL
My commission expires Q -10 - 9Cj
Date Received _ G~3 Receipt No. ~Q>Uy Case No. rtJA q~ ~p