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HomeMy WebLinkAboutResolution No. R20-10RESOLUTION NO. R20-10 A RESOLUTION OF THE CITY COUNCIL GRANTING A VARIANCE FROM THE CITY'S ZONING ORDINANCE TO DISREGARD THE BUFFERYARD REQUIREMENT, SIGHT - OBSCURING FENCE REQUIREMENT AND BUILDING DESIGN STANDARDS ON A PARCEL OF PROPERTY LOCATED ON EAST RAILROAD STREET. WHEREAS, the property located on East Railroad Street (as further described herein) is currently zoned Community Entryway pursuant to 17.26 of the Laurel Municipal Code ("LMC"); and WHEREAS, such zoning provides that all buildings must be completed on all sides, roofs shall be finished with material that is architecturally compatible in color and design with the construction of the building, must conform to specific fagade requirements, and must have bufferyards that meet specific requirements of the City; and WHEREAS, on January 31, 2020, the property owner prepared and filed a Variance Request Application seeking a variance from the zoning requirements for the property at issue as provided in his application which is part of the record in this proceeding; and WHEREAS, the Laurel City -County Planning Board acting as the City's Zoning Commission held a public hearing on the variance request on February 26, 2020 at 5:35 pm. The Zoning Commission received public comment supporting the property owner's requested variance and no opposition to the requested variance; and WHEREAS, the Zoning Commission's record and decision is contained in the City -County Planning Board meeting minutes which are incorporated as part of this resolution as well as all documents submitted into the record; and WHEREAS, the Zoning Commission considered all of the documentary evidence in the record along with the testimony presented at the public hearing, and recommends the approval of the variance, subject to the conditions recommended by Staff as follows: 1. Property Owner shall ensure dust and gravel control measures are in place to keep road debris off of public right of way. 2. The lot and landscaping must be kept free of weeds as per the City of Laurel Weed Management Plan. 3. The proposed pipe rail fencing and existing barbed wire fencing must be securely affixed and/or anchored to the ground. 4. The proposed pipe rail fencing must not become an eye sore due to lack of regular maintenance and/or repair. WHEREAS, the City Council held a public hearing concerning this matter on March 10, 2020. WHEREAS, based on the evidence contained in the record, including the Zoning Commission's File, the City Council of the City of Laurel hereby finds it is in the best interests of the residents of the City of Laurel to allow the variance since: granting the variance in this case relates only to a special condition that is specific to the applicant; R20-10 Laurel Trading Post Variance East Railroad Street 2. the current hardship was not created by the applicant; 3. the variance requested appears to be within the spirit, intent and purpose of the zoning regulations; and 4. granting the variance will not injure or result in an injustice to others. NOW THEREFORE, BE IT RESOLVED that the owner's request for a variance is hereby approved for the property located at East Railroad Street further described as follows: Lots 213, 2C, and 21), Block 1, Entrainment Park Subdivision, Yellowstone County, Montana BE IT FURTHER RESOLVED, pursuant to the variance, the Property Owner may disregard the buffreyard requirement, sight -obscuring fence requirement, and building design standards for the property described herein; and BE IT FURTHER RESOLVED, that the variance is approved subject to the following conditions: 1. Property Owner shall ensure dust and gravel control measures are in place to keep road debris off of public right of way. 2. The lot and landscaping must be kept free of weeds as per the City of Laurel Weed Management Plan. 3. The proposed pipe rail fencing and existing barbed wire fencing must be securely affixed and/or anchored to the ground. 4. The proposed pipe rail fencing must not become an eye sore due to lack of regular maintenance and/or repair. Introduced at a regular meeting of the City Council on March 10, 2020 by Council Member Sparks. PASSED and APPROVED by the City Council of the City of Laurel, Montana this 10th day of March 2020. APPROVED BY THE MAYOR this 10th day of March, 2020. CITY OF LA REL �h�omas C Nelson, Mayor lir / I%— Bethany L orl lerk/Treasurer APPROVED S ORM: Sam S. Painter, Civil City Attorney R20-10 Laurel Trading Post Variance East Railroad Street STAFF REPORT TO: Laurel City -County Planning Board FROM: Nicholas Altonaga, Planning Director RE: Variance — EEC Inc. and Gregory Haux (Laurel Trading Post) DATE: February 25, 2020 Gregory Haux of the Laurel Trading Post submitted a request for four variances to LMC Chapter 17.26 — Community Entryway Zoning District and Chapter 17.27 — SE 4th Street Overlay District. The affected property is located on East Railroad St. at a currently unassigned address. The parcel is zoned Highway Commercial and is within the Community Entryway Zoning District and SE 4`h Street Overlay District. The applicant is requesting variances to disregard the bufferyard requirement, sight -obscuring fence requirement, and building design standards. Applicant Data: Owner: Legal Description: Address: Parcel Size: Existing Land Use: Proposed Variance: Existing Zoning: Surrounding Land Uses: North: Zoning: South: Zoning East: Zoning West: Zoning: Gregory H. Haux ENTERTAINMENT PARK SUED, S15, T02 S, R24 E, BLOCK 1, Lot 2B, 2C, & 2D E. Railroad St. 4.99 Acres Field Design standards and landscaping standards within the Community Entryway Zoning District and SE 4th Street Overlay District. Highway Commercial Heavy Industrial Land Use: Railroad Interstate Highway Land Use: Interstate Highway Highway Commercial Land Use: Midway Rentals Highway Commercial Land Use: Fiberglass Structures Inc. 1. The variance application packet is attached and contains the application form, application cover sheet, detailed justification letter, fee receipt, a site plan, building design plans, and the public notice. 2. The application is requesting three variances to LMC 17.26 —Community Entryway Zoning District including: a. 17.26.052 Development Standards Part B: Building Design Standards, Number 1, b. 17.26.052 Development Standards Part C: Additional Provisions for Commercial Uses, c. 17.26.054 Landscaping Standards part B.1: Bufferyard Requirements. 3. The application is requesting a variance to LMC 17.27 —SE 4th Street Overlay District including: a. 17.27.060 Building Design Requirements, Part A. 4. LMC 17.26.052 Part B states: 1. All buildings shall be completed on all sides with one of the following finishing material: brick, fluted block, colored textured block, glass, stucco, architectural concealed fastener metal panels, exterior insulation and finishing systems (i.e., Dryvit, etc.), stone or wood. Exposed seam metal buildings shall be prohibited unless covered with an acceptable finishing material. 5. LMC 17.26.052 Part C States: 1. Storage of Merchandise. Any permitted storage of merchandise outside an approved building shall be within an area enclosed with a sight obscuring fence at least six feet in height that is architecturally compatible in color and design with the building. However, promotional displays, vehicle sales lots and plant materials may be displayed outside of an approved building or enclosed area so long as they are placed appurtenant to a building wherein the business displays the bulk of its goods for sale. In addition, retail nurseries shall be exempt from the enclosure of plant materials, and displayed merchandise shall not include any used equipment. Bufferyards or required landscaping shall not be used for the displaying of merchandise. 6. LMC 17.26.054 Part B States: B. Landscaping. 1. Bufferyard Requirements. All commercial/Industrial land uses are required to place a bufferyard (landscaping strip) adjacent to and along the length of 1-90, First Avenue North, or First Avenue South on which the use fronts. Such landscaping buffer shall extend from the edge of the public right-of-way. Placement and landscaping design shall be at the discretion of the developer, and the required trees and shrubs may be clustered to enhance the view of the property from the public right-of-way as long as such uses conform with Section 17.26.052(C) of this code. A local design professional or local nursery must be consulted for assistance with the development of the landscape design. The use of native, drought -tolerant plant material is strongly encouraged. Evergreen trees are encouraged for bufferyards, and canopy trees are encouraged for parking areas. The planting of trees should be done in such a manner as to provide maximum solar efficiency throughout the site. a. The developer shall have the option of one of the following three bufferyards. Bufferyard depth is measured from the property line adjacent to the public right-of- way inward. Any buffer area which overlaps another buffer area shall be subtracted from the total to avoid double counting. The number of trees and shrubs required is per one hundred feet of frontage: (1) Twenty-five foot wide bufferyard: five Canopy or evergreen trees, ten Shrubs (2) Twenty foot wide bufferyard: ten Canopy or evergreen trees, fifteen Shrubs (3) Fifteen foot wide bufferyard: fifteen Canopy or evergreen trees, twenty Shrubs 7. LMC 17.27.060— Building Design Standards, Part A: A. Exterior materials shall be sufficiently durable to ensure stability, maintainability, and long life. The materials to achieve a rustic western appearance are required. Buildings shall be finished with a minimum 40 percent half log and/or rock accents on the front fagade. 8. The applicant and staff discussed 17.26.052.8 and the significant design and building costs and opportunity costs to future business operations if the Community Entryway Zoning District codes are fully enforced as compared to similar businesses that currently exist within the same districts. The proposed design incorporates frontage and fagade details and changes in materials and textures to keep with a rustic western aesthetic. 9. In regard to 17.26.B.1, there currently exists a sanitary sewer utility line running along the southern boundary of the property which would present serious future maintenance issues and conflicts with established City of Laurel Public Works standards if a bufferyard was constructed as per code. 10. 17.26.52.C.1 requires a sight obscuring fence for businesses storing merchandise outside of an approved building. The applicant states that the facility will utilize a secure 6' chain link fence topped with 1' of barbed wire along existing frontage and install a 5' pipe rail fence to secure merchandise while simultaneously allowing highway traffic to view merchandise stored on site as well as maintain a rustic aesthetic. 11. The Highway Commercial District was established to cater to the tourist, traveler, recreationist, and general traveling public. Requirements to block highway -focused businesses from marketing merchandise goes against the stated goal of the district. 12. Upon submittal it was found that the request for variance to 17.27.060 Part A was applied for in error. A variance is not required for this code as the property is not located directly on SE 4th Street as per 17.27.060 Part B. The Zoning Commission shall review and make determinations on variances through Laurel Municipal Code (LMC) Chapter 17.60.020: A. It shall be the duty of the zoning commission to authorize, upon appeal in specific cases, such land use variances from the terms of the zoning ordinances as will not be contrary to the public interest, where, owing to special conditions, a literal enforcement of the provisions of the ordinances or regulations will result in unnecessary hardship, and so that the spirit of the ordinances shall be observed and substantial justice done. The zoning commission shall, after a public hearing, make a recommendation to the mayor and council concerning the land use variance application. B. The zoning commission shall not recommend that land use variances be granted: 1. Unless the denial would constitute an unnecessary and unjust invasion of the right of property; 2. Unless the grant relates to a condition or situation special and peculiar to the applicant; 3. Unless the basis is something more than a mere financial loss to the owner; 4. Unless the hardship was created by someone other than the owner; 5. Unless the variance would be within the spirit, intent, purpose and general plan of this title; 6. Unless the variance would not affect adversely or injure or result in injustice to others; and 7. Ordinarily unless the applicant owned the property prior to the enactment of this title or amendment. If the City Council recommends approval of the variance, the following conditions are suggested: 1. The proposed pipe rail fencing and existing barbed wire fencing must be securely affixed and/or anchored to the ground. 2. The proposed pipe rail fencing must not become an eye sore by way of lack of maintenance and/or repair. 3. Ensure dust and gravel control measures are in place to keep road debris off of Public right of way. 4. Lot and landscaping must be kept free of weeds as per the City of Laurel Weed Management Plan. • Gregory Haux and Chuck Henrichs and Kevin Lundin of Eggart Engineering and Construction (EEC Inc.) met with the City Planner, Building Official, and Public Works Director to discuss the situation, receive comment from city staff, and understand the process to apply for a variance. • The variance application packet was received on January 31, 2020 by the Planning Department. • A public hearing for the variance request is scheduled to take place at the Laurel City - County Planning Board on February 26, 2020 at 5:35PM. • A public hearing for the variance request is scheduled to take place at the Laurel City - Council Meeting on March 10, 2020 at 6:30PM. INSTRUCTIONS CITY -COUNTY PLANNING VARIANCE REQUEST These application instructions cover appeals from decisions of the Planning Department (and sometimes other officials) and for requests for variances concerning setbacks, structures, heights, lot coverage, etc. This application form is supplied by the City and must be returned to the City. The following is a list of information required for submittal to be considered complete. 1. It is mandatory that you meet with the City Planner prior to applying. The City Planner will provide you with a map of the property owners within 300' that you must have certified by a title company. 2. Provide a plot plan drawn to scale on paper not larger than 11"x17" which includes all existing and proposed structures and proposed variance measurements. 3. A set of three mailing labels for each surrounding property owner within the 300 feet. 4. A detailed justification referring to the Laurel Municipal Code Chapter 17.60.020. 5. Application, with fee ($550 for residential; $1,100 for commercial), must be made on or before the first day of the month prior to the month it will appear before the Laurel City -County Planning Board. The public hearing before the City -County Planning Board is held on the 2nd Wednesday of the month at 5:35PM. in the City Council Chambers at 115 W. 1St Street, Laurel. Applicant or Applicant Representative must be present at the meeting. The Laurel City -County Planning Board makes a recommendation to the City Council. The City Council will review the application at Council Workshop and then make a decision on the Council agenda. Laurel Variance Request Application This application covers appeals from decisions of the Planning Department (and sometimes other officials) and for requests for variances concerning setbacks, structures, heights, lot coverage, etc. The undersigned owner or agent of the owner of the following described property requests a variance to the Zoning Ordinances of the City of Laurel as outlined by the laws of the State of Montana. 1. Name of property owner: Gregory H. Haux 2. Name of Applicant if different from above: Chuck Henrichs - EEC Inc. 3. Phone number of Applicant: 406.839.9151 Entrainment Park Sub. Amd. Block 1, Lot 2B, 2C, & 2D 4. Street address and general location: E. Railroad St., Laurel, MT 59044 Entrainment Park Sub., S15, T02 S, R24 E, 5. Legal description of the property: Block 1, Lot 2B, 2C, & 2D Highway Commercial (HC), Entryway Zoning Districts (EZD) 6. Current Zoning: SE 4th Street Overlay District 7. Provide a copy of covenants or deed restrictions on property. I understand that the filing fee accompanying this application is not refundable, that it pays part of the cost of process, and that the fee does not constitute a payment for a variance. I also understand I or my agent must appear at the hearing of this request before the Planning Board and all of the informatio&r,0'sented by m� is tru__e.,and correct to the best of my knowledge. Signature of Applicant: Date of Submittal: 1 City -County Planning Variance Request t t 01/31/19 Laurel City -County Planning Board 115 W. First Street Laurel, MT 59044 RE: City -County Planning Variance Request: Items #1-5 To whom it may concern, Enclosed you will find completed, all the information required for our submittal to be considered for review and recommendation by the Laurel City -County Planning Board. 1. We met with the City Planner on 01/14/2020, to discuss this project/variance and provided a map of property owners within 300 feet of the property, see attached. 2. See attached 11x17 (Half -Scale) drawings, which includes all existing and proposed structures and proposed variance measurements. 9 sheets: C101, A101, A102, A201, A202, and four concept renderings. 3. See the provided set of three mailing labels for each surrounding property owner within the 300 feet. 4. With the following four proposed variance measures, we provide a detailed justification referring to the Laurel Municipal Code Chapter 17.60.020. a) Reference Section 17.26.052 Development Standards — B. Building Design Standards which states `All buildings shall be completed on all sides with one of the following finishing materials: ... architectural concealed fastener metal panels." The material under review for this variance request is an exposed fastener PBR metal panel siding, see attached Exterior Elevations sheets A201/A202 for full scope. We are proposing leaving the architectural concealed fastener metal panels around the public frontage/entrance base as detailed, which meet the requirements set for under the Building Design Standards. However, at the shop we are proposing an exposed fastener PBR metal panel siding that does not meet the "concealed fastener" standard and one exception of the corrugated metal siding above the wainscot accenting the main/side entrances. The change in materials/texture allows the design to create a sense of hierarchy that helps to define the entrance with more detail and direct visitors. This design approach does in our view meet the spirit or intent of the standard set forth. Based on the Laurel Municipal Code Chapter 17.60.020 #5, we believe the requested variance "would be within the spirit, intent, purpose and general plan of this title" and #6 the requested variance "would not affect adversely or injure or result in injustice to others." City -County Planning Variance Request 01/31/19 b) Reference Section 17.26.054 Landscaping Standards — B. Landscaping Standards which states "I. Bufferyard Requirements. All commercial/Industrial land uses are required to place a bufferyard (landscaping strip) adjacent to and along the length of 1-90..." Furthermore, it states "...The number of trees and shrubs required per one hundred feet of frontage: (1) Twenty-five foot wide bufferyard: five Canopy or evergreen trees, ten Shrubs..." The material under review for this variance request item is a proposed 25'-0" Bufferyard that meets the landscaping standard, however, does not provide the required five trees or ten shrubs per one hundred feet of frontage, see attached Site Plan sheet C101 for full scope. We have taken this direction after meeting with the City on a recent project, with the realization that there is an existing Sanitary Sewer line that runs directly under the bufferyard, the full extent of frontage on this property. It was clear that the City was not in favor of putting trees nor shrubs directly above this existing line, under any circumstance. We feel the same, it would be a design flaw and future maintenance issue. Please note, in addition to the proposed landscaped bufferyard we are proposing 25'-0" more landscaped area as part of a stormwater detention, this adds to the interstate buffer zone. Based on the Laurel Municipal Code Chapter 17.60.020, we believe the requested variance meets requirement #2 "Unless the grant relates to a condition or situation special and peculiar to the applicant;" the existing location of the Sanitary Sewer line running directly under the bufferyard creates that special situation/condition. c) Reference Section 17.26.052 Development Standards — B. Additional Provisions for Commercial Uses, which states "I. Storage of Merchandise. Any permitted storage of merchandise outside an approved building shall be within an area enclosed with a sight obscuring fence at least six feet in height that is architecturally compatible in color and design with the building. However, promotional displays, vehicle sales lots and plant materials may be displayed outside of an approved building or enclosed area so long as they are placed appurtenant to a building wherein the business displays the bulk of its goods for sale. In addition, retail nurseries shall be exempt from the enclosure of plant materials, and displayed merchandise shall not include any used equipment. Bufferyards or required landscaping shall not be used for the displaying of merchandise." The material under review for this variance request item is leaving in place the existing barbwire and 6' chain-link fencing with barbwire above, in replace of a site obstruction fence. Additionally, we propose a 5' pipe rail fence and gate facing East Railroad Street, that fits the western rural aesthetic of the area and the products supplied and sold on-site, see attached Site Plan sheet C101 for full scope. Laurel Trading Post is the leading provider of Trailers, Parts, and Service in Montana and offers a large selection of trailers, horse trailers, livestock trailers, flatbeds, construction, car trailers, cargo trailers, associated parts, and more. It is key for the public to have full visibility to Laurel Trading Post's merchandise available for sale. The intent of the proposal is that all sale merchandise for display along interstate 1-90 will be outside an approved building and enclosed in the yard area appurtenant to the City -County Planning Variance Request 01/31/19 building. With the proposed existing fencing and 5' pipe rail fence, merchandise for sale would be secure, still have the visibility to the public that the sight obscuring fence would not allow and would keep within the western rural aesthetic that Laurel Trading Post costumers are familiar with. Based on the Laurel Municipal Code Chapter 17.60.020, we believe the requested variance meets requirement #2 "Unless the grant relates to a condition or situation special and peculiar to the applicant;" and requirement #3 "Unless the basis is something more than a mere financial loss to the owner." The 6' sight obscuring fence creates the inability to display merchandise for sale which is a special situation/condition to a trailer supply/service company and would easily create a basis for more than a mere financial loss. d) Reference Section 17.27.060 - Building Design Requirements, Section A which states "Exterior materials shall be sufficiently durable to ensure stability, maintainability, and long life. The materials to achieve a rustic western appearance are required. Buildings shall be finished with a minimum 40 percent half log and/or rock accents on the front fagade. " The material under review for this variance request is the requirement to finish the front fagade with a minimum 40 percent half log and/or rock accents, see attached Exterior Elevations sheets A201/A202 for full scope. We are proposing a 6025 structural box rib metal panel with a change in color/panel direction around the public frontage/entrance as detailed. We believe this approach would meet the requirements set forth under the Building Design Requirements and achieves its intent by providing a rustic western appearance without the need to add rock accents on the front facade. Our design strategy with this facility is to keep with this rustic western aesthetic throughout the facade, while utilizing the change in color/texture to allow the design to create a sense of hierarchy that helps to define the entrance with more detail and direct visitors. This design approach does in our view meet the spirit or intent of the standard set forth. Based on the Laurel Municipal Code Chapter 17.60.020 #5, we believe the requested variance "would be within the spirit, intent, purpose and general plan of this title" and #6 the requested variance "would not affect adversely or injure or result in injustice to others." 5. See attached completed Laurel Variance Request Application and associated fee of $1,100 for a commercial property. V_,.VI VI% 1 IGI 1] 1%,1 10, 1 .L. Vice President of Engineering, EEC, Inc. Owners Representative UNV80102 Laser / Inkjet printer labels Terry R & Judith L Krum George T. & Irene Forstner Montana Rail Link Tax ID D02667 Tax ID D02668 Tax ID D 13144C 1311 E Railroad Street 1321 E Railroad Street P.O. Box 16624 Laurel, MT 59044 Laurel, MT 59044 Missoula, MT 59808-6624 CHS, Inc. CHS, Inc. Gregory H. Haux Tax ID D02712 Tax ID D02713 Tax ID D03037A P.O. Box 909 P.O. Box 909 620 SE 4th Street Laurel, MT 59044-0909 Laurel, MT 59044-0909 Laurel, MT 59044-3310 Gregory H. Haux Gregory H. Haux Fiberglass Structures, Inc. Tax ID D03037B Tax ID D03037C Tax ID D03037 620 SE 4th Street 620 SE 4th Street 1201 E Railroad Street Laurel, MT 59044-3310 Laurel, MT 59044-3310 Laurel, MT 59044-3304 Diefenderfer Family Trust Diefenderfer Family Trust Tax ID D03036 Tax ID D03036A 3619 Flagstone Drive 3619 Flagstone Drive Billings, MT 59102-0301 Billings, MT 59102-0301 Terry R & Judith L Krum George T. & Irene Forstner Montana Rail Link Tax ID D02667 Tax ID D02668 Tax ID D13144C 1311 E Railroad Street 1321 E Railroad Street P.O. Box 16624 Laurel, MT 59044 Laurel, MT 59044 Missoula, MT 59808-6624 CHS, Inc. CHS, Inc. Gregory H. Haux Tax ID D02712 Tax ID D02713 Tax ID D03037A P.O. Box 909 P.O. Box 909 620 SE 4th Street Laurel, MT 59044-0909 Laurel, MT 59044-0909 Laurel, MT 59044-3310 Gregory H. Haux Gregory H. Haux Fiberglass Structures, Inc. Tax ID D03037B Tax ID D03037C Tax ID D03037 620 SE 4th Street 620 SE 4th Street 1201 E Railroad Street Laurel, MT 59044-3310 Laurel, MT 59044-3310 Laurel, MT 59044-3304 Diefenderfer Family Trust Diefenderfer Family Trust Tax ID D03036 Tax ID D03036A 3619 Flagstone Drive 3619 Flagstone Drive Billings, MT 59102-0301 Billings, MT 59102-0301 Terry R & Judith L Krum George T. & Irene Forstner Montana Rail Link Tax ID D02667 Tax ID D02668 Tax ID D 13144C 1311 E Railroad Street 1321 E Railroad Street P.O. Box 16624 Laurel, MT 59044 Laurel, MT 59044 Missoula, MT 59808-6624 CHS, Inc. CHS, Inc. Gregory H. Haux Tax ID D02712 Tax ID D02713 Tax ID D03037A P.O. Box 909 P.O. Box 909 620 SE 4th Street Laurel, MT 59044-0909 Laurel, MT 59044-0909 Laurel, MT 59044-3310 Same size as Avery® 5160® Lniversal. Gregory H. Haux Tax ID D03037B 620 SE 4th Street Laurel, MT 59044-3310 Diefenderfer Family Trust Tax ID D03036 3619 Flagstone Drive Billings, MT 59102-0301 Barre size as AveriyD 51500 Gregory H. Haux Tax ID D03037C 620 SE 4th Street Laurel, MT 59044-3310 Diefenderfer Family Trust Tax ID D03036A 3619 Flagstone Drive Billings, MT 59102-0301 Laser/ lrnkiet pH fir'-bals Fiberglass Structures, Inc. 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