HomeMy WebLinkAboutCrider Residence (PA2002-235)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 3
May 8, 2003
TO: PLANNING COMMISSION
FROM: Gregg B. Ramirez, Associate Planner
(949) 644 -3219, gram irezC _city.newport- beach. ca. us
SUBJECT: Crider Residence, 107 10th Street
Variance No. 2002 -008 and Modification Permit No. 2003 -033
(PA2002 -235)
Request for a Variance to allow a proposed single - family residence to
exceed the established floor area limit and to provide less than the
minimum required open space. Included is a request for a Modification
Permit to allow portions of the project to encroach into the required 20-
foot front yard setback adjacent to 10th Street, encroach into the required
10 -foot rear yard setback, and encroach into the side yard setbacks.
APPLICANT NAME: John Crider, Property Owner
RECOMMENDATION:
Staff recommends the Planning Commission hold a public hearing and approve
Variance No. 2002 -008 and Modification Permit No. 2003 -033 (PA2002 -235) based on
the findings and conditions of approval included within the attached draft resolution
(Exhibit No. 1).
DISCUSSION:
Introduction and Background:
The applicant has submitted a request for a Variance and Modification Permit
associated with demolition of an existing single - family residence and the construction of
a new 1,702 square foot single - family residence with an attached one -car garage and
single space carport.
Crider Residence
May 8, 2003
Page 2
Vicinity Map
Variance No. 2002 - 008 /Modification Permit No. 2003 -033
(PA2002 -235)
Current
Development:
Single-family
residence
To the north:
Single-family
residence
To the east:
Single-family
residence
To the south:
Single-family
residences across the alley
To the west:
Single-family
residence
Crider Residence
May 8, 2003
Page 3
This application was prompted by unpermitted construction done by the owner, which
was not constructed in compliance with the Building Code. As result, the applicant has
elected to demolish the existing structure and construct a new single family dwelling as
proposed by this application to abate the violations.
Site Overview
The subject property is located on the westerly side of 10th Street at the intersection with
a 20 -foot alley on the Balboa Peninsula and is comprised of southwesterly 42.5 feet of
Lot No. 23, Block 10, Tract 234. The result is a 42.5 feet wide by 30.85 feet deep lot.
The property is currently developed with a single - family dwelling and attached garage
approximately 1,845 square feet in size. The existing dwelling is located on the right and
left (alley) property lines, 1 -foot from the rear property line and is built to the front
property line. The property does have alley access, but vehicular access to the existing
1 -car garage is via a curb cut at the front property line on 10th Street.
The subject property is an unusually small lot at 1,311 square feet in area approximately
one -third the size of the original lot in the subdivision. The majority of properties in the
area typically range from 30 to 40 feet wide and 102.5 feet deep (3,075-4,100 square
feet) and are oriented in a north -south direction.
Project Overview
The applicant proposes to demolish the existing single - family dwelling and attached
garage and construct a new three story single family dwelling with an attached one car
garage and single space carport. The proposed 1,702 square foot residence will
encroach up to 17 feet in the required front yard, 7 feet in the rear yard, 1 foot in the
side yard adjoining the alley and %2 a foot in the interior side yard setback. The new
design proposes alley access for the garage and carport.
The proposed residence is comprised of 1,511 square feet of living area, a 191 square
foot attached garage and a carport. The floor area distribution by floor is as follows:
First Floor: 550 sq. ft. (Dining Room, Kitchen, Garage)
Second Floor: 750 sq. ft (Living Room, Bedroom)
Third Floor: 402 so. ft. (2 Bedrooms)
Total Area 1,702 square feet
Crider Residence
May 8, 2003
Page 4
Analysis:
General Plan & Local Coastal Program Land Use Plan
The subject property has a General Plan Land Use and LCP Land Use designation of
Two - Family Residential. Single- family residences are permitted within the two- family
designation.
Additionally, the subject property is located within the Categorical Exclusion Zone (CEZ)
of the Coastal Zone. Projects on properties located within the CEZ may qualify for
Categorical Exclusion and avoid formal Coastal Commission review if the subject lot is
greater than 1,200 square feet, structural square footage does not exceed 1.5x the
buildable area and 2 parking spaces are provided. Given that the proposed project
exceeds 1.5x the buildable area, the project would not qualify for a Categorical
Exclusion. Should this Variance and Modification Permit be granted, the applicant would
be required to obtain a Coastal Development Permit or Coastal Development Permit
Waiver issued by the California Coastal Commission prior to the issuance of building
permits.
Zoning Code Development Regulations
The subject property is located within the R -2 Zoning District. Single- family dwellings
are a permitted use within the R -2 Zoning District. With the exception of the increased
floor area, lack of minimum open space requirement and setback encroachments, all
development regulations of the R -2 Zoning District appear to have been met and will be
verified during the building permit plan check process, should this project be approved.
Floor Area Variance
Zoning Code regulations allow structures in the R -2 Zoning District to have a maximum
structural square footage equal to 2 times the buildable area. The buildable area of a lot
is simply defined as the lot area minus the setbacks. For purposes of determining the
buildable area the setbacks required setbacks must first be identified. Due to the
orientation of the subject property the setbacks default to the standard for the R -2 Zone.
The result is a buildable area that measures 34.5 feet wide by 0.85 feet deep. The
following chart shows relevant lot information and a comparison of the lot to a standard
lot in the block.
Crider Residence
May 8, 2003
Page 5
Development
Subject Lot
Typical Lot in
Proposed
Standards
4 feet (Alley)
the Block
3 feet
Setbacks:
Front:
20 ft, (1 Oh St.)
10 ft.
3 ft.
Right Side:
4 ft.
3 ft.
3.5 ft.
Left Side:
4 ft. (Alley)
3 ft.
3 ft.
Rear.
10 ft.
0 ft. (Alley)
3 ft.
Gross Lot Area:
30.85 x 42.5 =
30.85 x 102.5. =
No change
1,311 sq. ft.
3,162 sq. ft.
Buildable Area:
0.85 x 34.5 =
24.85 ft. x 87.5=
No change
29.32 sq. ft.
2,174 sq. ft.
Floor Area Limit
Buildable Area x 2
58.64 sq. ft.
4,348 sq. ft.
1702 sq. ft.
Floor Area to Land
Area Ratio:
.044
1.375
1.298
As shown in the preceding chart, application of setback standards would permit a 58.64
sq. ft. residence, which is insufficient to construct a residence.
In the past, the Planning Commission has used the "reasonable setback" method to
determine a possible floor area for similar cases. In this particular case, staff considers the
following setbacks reasonable since they are consistent with what a typical lot orientation
would be required to provide.
Front:
3 feet (1 Oh Street)
Right Side:
4 feet
Left Side:
4 feet (Alley)
Rear:
3 feet
The resulting buildable area using the "reasonable setback" method is 834 square feet
with a maximum structural area of 1,668 square feet (834 x 2) which is approximately 34
square feet less than the proposed residence.
Using a floor area to lot area ratio typical of lots in the block (1.375), the total area would
be 1,802 sq. ft., which is 100 square feet more than the applicant's request.
Based upon these two possible floor areas, staff supports the applicant's request for 1,702
square feet.
Crider Residence
May 8, 2003
Page 6
Open Space Variance
Section 20.10.040(C) of the Zoning Code requires that open space be provided for
residential properties located on the Balboa Peninsula. Open space is measured in
cubic feet and calculated by multiplying the buildable width x the buildable height x 6.
This open space may be provided anywhere on the lot behind the required setback lines
or in other words, within the buildable area. For the subject property, the required
amount of open space is (34.5 x 24 x 6) 4,968 cubic feet. Given the 0.85 -foot x 34.5 -foot
buildable area it is not possible to provide open space on this lot in compliance with the
location standard. As a comparison, a typical 30.85 -foot by 102.5 -foot lot in the same
block as the subject property is required to provide 3,578 cubic feet of open space on a
lot which is almost 3 times larger.
A typical lot in the block is required to provide of 3,578 cubic feet open space to comply
with the standard. Staff then used the "reasonable setbacks" identified previously to
calculate if sufficient open space has been provided by the design. The resulting
provided open space using this method is over 4,000 cubic feet with the bulk being
located at the front porch /patio (2,868 cubic feet) and open carport (1,185 cubic feet).
Staff believes that the open space provided by the proposed project satisfies the intent
of the open space requirement.
Variance Findings
The Zoning Code requires the Planning Commission to make certain findings for
Variances. These mandatory findings are listed and discussed below:
That there are exceptional or extraordinary circumstances applying to the land,
building or use referred to in the application, which circumstances or conditions do
not apply generally to land, buildings and/or uses in the same district.
The orientation of the lot is not typical of the other lots in the area and the strict
application of the setback standards reduces the permitted building area to 58
square feet, which is insufficient to build a new residence, and no area to provide
required open space in strict compliance with the Zoning Code.
2. That the granting of the application is necessary for the preservation and enjoyment
of substantial property rights of the applicant.
Without the granting of the variance to increase the permitted floor area and waive
the open space requirement, the property owner could not construct a new
residence to replace the existing nonconforming residence.
Crider Residence
May 8, 2003
Page 7
3. That the granting of the application is consistent with the purposes of this code and
will not constitute a grant of special privilege inconsistent with the limitations on
other properties in the vicinity and in the same zoning district.
The proposed project will result in a structure that is similar to and consistent with
what the development regulations permit on other lots in the area. The resulting
gross floor area of approximately 1,702 square feet is comparable with the floor to
land area ratio allowed in the vicinity. The project provides open space in excess of
typical lots, although not in strict compliance with location standards. Therefore the
granting of the variance to the floor area and open space does not grant a special
privilege to the property owner not enjoyed by other property owners in the vicinity.
4. That the granting of such application will not, under the circumstances of the
particular case, materially affect adversely the health or safety of persons residing
or working in the neighborhood of the property of the applicant and will not under
the circumstances of the particular case be materially detrimental to the public
welfare or injurious to property or improvements in the neighborhood.
The property is designated for two-family residential use and the granting of the
variance would not increase the density beyond what is planned for the area,
thereby avoiding additional traffic, parking or demand for other services. Project
approval results in a structure that is similar to surrounding dwellings with respect to
size, bulk and design and the project provides over 4,000 cubic feet of open space
within the reasonable identified setbacks consistent with the legislative intent of the
Zoning Code. Granting the request for the establishment of the floor area of 1,702
square feet and deviation from open space standards will not be detrimental to the
surrounding neighborhood.
Based on the foregoing, staff believes that the facts support the approval of the Variance
request.
Setback Modifications
In conjunction with the Variance request, the applicant has requested a Modification
Permit to encroach 17 feet into the 20 -foot front (10th Street) setback, 6 inches into the 4-
foot right side setback, 1 foot into the 4 -foot left (alley) setback and 7 feet the 10 -foot rear
setback.
Due to the orientation of the property, setbacks called out on the Districting Map cannot
be applied and the setbacks default to the standard required by the Zoning Code. In this
instance the Zoning Code defines the front property line for determining setbacks as
being 10th Street with the rear being the opposite property line, the right side being an
interior property line and the left side abutting the adjacent alley.
Crider Residence
May 8, 2003
Page 8
Yard
Required Setback
Proposed Setback
Front 10 Street
20 feet
3 feet
Right Side
4 feet
3.5 feet
Left Side
4 feet
3 feet
Rear
10 feet
3 feet
Front Setback (EasteHy Property Line)
The southerly portion of the residence will consist of a combination first floor
porch /second floor uncovered deck that will maintain a 4 -foot, 6 -inch setback. The
southerly portion of the third floor will maintain an 8 -foot, 6 -inch setback. The northerly
portion of the first floor provides a 3 -foot setback and a 13 -foot, 8 -inch setback on the
second and third floors. The varying setbacks, porch and deck provide some relief and
articulation along the 1& Street frontage.
In the past, the Commission has used the "side yard relationship" to aid in determining
an appropriate setback for lots with reversed orientations. In this particular case, the 3-
foot setback is intended to match the required 3 -foot side setbacks of the other lots that
are in the vicinity. Staff believes that the proposed setbacks, given the proposed design
and building articulation, are acceptable.
Rear (Westerly Property Line)
The applicant proposes a rear yard (opposite of 10th Street) setback of 3 feet for all
three levels of the residence. As with the front setback, the "side yard relationship" has
been used in the past to determine a reasonable and appropriate setback. In this
particular case, this "rear" setback would actually be a side yard setback if the subject
property and the property to the north were not divided. Therefore, staff believes the
requested 3 -foot rear yard setback is acceptable.
Side Yard Encroachments
The required side yard setbacks are based on the Zoning Code requirement that R -2
lots greater than 40 feet in width provide a minimum 4 -foot setback. At the right (interior)
setback, the applicant has proposed a 4 -foot setback at the first floor and a 3.5 -foot
setback at the second and third floors. At the left (alley) side the applicant has proposed
a 3.5 -foot first floor setback and a 3 -foot second and third floor setback. A typical lot that
has a rear yard abutting a 20 -foot wide alley is not required to provide a setback. A rear
alley setback is only required when alleys are less than 20 feet. The alley abutting the
property is 20 feet wide. The only reason a setback at the alley is required is the fact
that it is defined as a sideyard due to the orientation of the lot.
Crider Residence
May 8, 2003
Page 9
Staff believes that the design of the house should adhere to the right side 4 -foot
setback, which can be attained by shifting the entire structure towards the alley 6
inches. The resulting setback at the alley would be 3 feet at the first floor and 2.5 feet at
the second and third floors. This setback is greater than the zero setback permitted for
remainder of the properties on this block. This shifting the project makes the project
comply with the interior side yard setback of 4 feet, which will provide additional light,
open space and separation between the abutting properties.
If this recommendation is acceptable, the resulting side yard setbacks for the property
will be as follows:
Right Side 1St Floor
Right Side 2 "d and 3d Floors
Left Side 1St Floor
Left Side 2 "d and 3`d Floors
Water and Sewer Connections
4.5 -foot setback (complies)
4 -foot setback (complies)
3 -foot setback
2.5 -foot setback
According to information provided by the Public Works Department, the water line and
sewer lateral serving the property directly to the north (1001 West Balboa Boulevard)
run across the subject property and tie into the main lines in the alley: To insure that
these lines become and remain accessible, a condition of approval (No. 6) has been
included requiring that those lines be re- routed clear of the proposed building, via 10th
Street to the alley, or that a private easement be granted across the subject property for
the benefit of the adjacent property and public.
Environmental Review:
The proposed project has been reviewed and it has been determined that it is
categorically exempt from the requirements of the California Environmental Quality Act
under Class 3 (Construction of a single - family residence in a residential zone).
Public Notice:
Notice of this hearing was published in the Daily Pilot, mailed to property owners within
300 feet of the property and posted at the site a minimum of 10 days in advance of this
hearing consistent with the Municipal Code. Additionally, the item appeared upon the
agenda for this meeting, which was posted at City Hall and on the city website.
Alternatives:
If the Commission is unable to make affirmative findings for the Variance or Modification
Permit request, staff suggests that the Commission direct the applicant to reduce the
Crider Residence
May 8, 2003
Page 10
structural square footage and/or setback encroachments to an acceptable level and
continue the item to re- design the project.
The Comission has the option to deny the project which will have the effect of
maintaining the existing residence. Denial will not preclude the owner's reasonable use
of the property due to the presence of the existing residence. The owner will need to
abate the violations of the Building Code that remain through reconstructing, correcting
or removing all unpermittted or substandard items.
Prepared by:
Submitted by:
Gregg B. Ramire z, Associat Planner Patricia L. Temple, PlI nning Director
Exhibits:
1. Resolution No. 2003 - _;Findings and conditions of approval
2. Project Plans
EXHIBIT NO. 1
RESOLUTION NO. 2003- ; FINDINGS
AND CONDITIONS OF APPROVAL
1�
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE CITY
OF NEWPORT BEACH APPROVING VARIANCE NO. 2002-008 AND
MODIFICATION PERMIT NO. 2003 -033 FOR PROPERTY LOCATED
AT 107 10w STREET (PA2002 -235)
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by John Crider property owner, with respect to
property located at 107 10th Street and described as the Southwesterly 42.5 feet of Lot No. 23,
Block 10, Tract 234, requesting approval of Variance No. 2002 -008 to exceed the floor area
limit and deviate from open space requirements, and Modification Permit No. 2003 -033 to allow
encroachments into the front, rear and side yard setbacks, in order to construct a new single -
family dwelling.
Section 2. A public hearing was held on May 8, 2003 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of time, place and
purpose of the meetings was given in accordance with the Municipal Code. Evidence, both
written and oral, was presented to and considered by the Planning Commission at the meeting.
Section 3. The Planning Commission finds as follows:
a) The proposed single - family dwelling is a permitted use in the Two - family Residential
General Plan and Local Coastal Program Land Use Plan land use designations and the
Two - Family (R -2) Zoning District in which it is located.
b) That there are exceptional or extraordinary circumstances applying to the land,
building or use referred to in the application, which circumstances or conditions
do not apply generally to land, buildings and/or uses in the same district.
The orientation of the lot is not typical of the other lots in the area and the strict
application of the setback standards reduces the permitted building area to 58 square
feet, rendering the property unbuildable for the purposes of constructing a new single
family residence, and no area to provide for required open space in strict compliance
with the Zoning Code.
b) That the granting of the application is necessary for the preservation and
enjoyment of substantial property rights of the applicant.
Without the granting of the variance to increase the permitted floor area and waiver of the
open space requirement, the property owner could not construct a new residence to
replace the existing nonconforming residence.
c) That the granting of the application is consistent with the purposes of this code
and will not constitute a grant of special privilege inconsistent with the
limitations on other properties in the vicinity and in the same zoning district.
Planning Commission Resolution No._
Paqe 2 of 5
The proposed project will result in a structure that is similar to and consistent with what
the development regulations permit on other lots in the area. The resulting gross floor
area of approximately 1,702 square feet is comparable with the floor to land area ratio
allowed in the vicinity. The project provides open space in excess of typical lots, although
not in strict compliance with location standards. Therefore the granting of the variance to
the floor area and open space is not granting a special privilege to the property owner not
enjoyed by other property owners in the vicinity.
d) The granting of the requested variance will not, under the circumstances of the
particular case, materially affect adversely the health or safety of persons
residing or working in the neighborhood of the property of the applicant and will
not under the circumstances of the particular case be materially detrimental to
the public welfare or injurious to property or improvements in the neighborhood.
The property is designated for two- family residential use and the granting of the variance
would not increase the density beyond what is planned for the area, thereby avoiding
additional traffic, parking or demand for other services. Project approval results in a
structure that is similar to surrounding dwellings with respect to size, bulk and design and
the project provides over 4,000 cubic feet of open space consistent with the legislative
intent of the Zoning Code. Granting the request for the establishment of the floor area of
1,702 square feet and deviation from open space standards will not be detrimental to the
surrounding neighborhood.
e) The establishment, maintenance or operation of the use of the property or
building will not, under the circumstances of the particular case, be detrimental
to the health, safety, peace, comfort and general welfare of persons residing or
working in the neighborhood of such proposed use or be detrimental or
injurious to property and improvements in the neighborhood or the general
welfare of the City, and further that the proposed modification is consistent with
the legislative intent of this code for the following reasons:
The setbacks, as established in the conditions of approval proposed, would result in the
development of the site similar to other properties in the area and will result in a structure
that is similar to and compatible with other residential structures. Other lots in the area
are not required to provide a 20 -foot front yard setback or a 10 -foot rear yard setback.
Both the 3 -foot front yard setback and 3 -foot rear yard setback are consistent with the
required side yard setbacks on abutting properties. The design of the front of the
structure provides articulation, open space and relief in the form of a staggered setback
and front porch and balcony that will aid in reducing the mass of the structure on I&
Street. Additionally, the encroachment of the structure within the side yard abutting the
alley is not detrimental due to the width of the alley (20 feet) and the fact that other
properties are not required to provide a setback from the alley.
f) The design of the proposed improvements, as conditioned, will not conflict with any
easements acquired by the public at large for access through, or use of, the property
by the Public.
,a
Planning Commission Resolution No._
Page 3 of 5
g) Public improvements in the form of replacing the existing driveway approach on 10th
Street with standard curb, gutter and sidewalks, is required of the developer pursuant
to Section 20.1.040 of the Municipal Code.
h) The proposed project qualifies for a Categorical Exemption pursuant to Section 15303
of the Implementing Guidelines of the California Environmental Quality Act. This
exemption allows the construction of limited new structures including a single - family
residence in an area designated for such use where the development does not
significantly impact environmental resources. The site is presently developed with a
single- family residence and is devoid of any significant environmental resources.
Section 4. Based on the aforementioned findings, the Planning Commission hereby
approves Variance No. 2002 -008 and Modification Permit No. 2003 -033, subject to the
Conditions set forth in Exhibit 1.
Section 5. This action shall become final and effective fourteen days after the
adoption of this Resolution unless within such time an appeal is filed with the City Clerk or this
action is called for review by the City Council in accordance with the provisions of Title 20,
Planning and Zoning, of the Newport Beach Municipal Code.
PASSED, APPROVED AND ADOPTED THIS a DAY OF MAY 2003.
AYES:
NOES:
WN
Steven Kiser, Chairman
BY:
Shant Agajanian, Secretary
Planning Commission Resolution No._
Page 4 of 5
Exhibit 1
CONDITIONS OF APPROVAL
Variance No. 2002 -008 &
Modification Permit No. 2003 -033
1. The development shall be in substantial conformance with the approved plot plan, floor
plans and elevations dated February 13, 2003 with the exception of any revisions
required by the following conditions.
2. Variance No. 2002 -008 and Modification Permit No. 2003 -033 shall expire unless
exercised within 24 months from the date of approval as specked in Section 20.91.050
of the Newport Beach Municipal Code, unless an extension is otherwise granted.
3. The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The construction plans must comply with the most recent City- adopted
version of the Uniform Building Code.
4. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
5. Arrangements shall be made with the Public Works Department in order to guarantee
satisfactory completion of the public improvements, if it is desired to obtain a building
permit prior to completion of the public improvements.
6. Prior to the issuance of building permits, the sewer and water system for the residence at
1001 West Balboa Avenue shall be re- routed to Ioh Street so as not to cross the
property at 107 10th Street or a private easement shall be granted to the 1001 West
Balboa Avenue to allow sewer and water lines to cross the subject property. All
construction associated with this work shall be done as required by ordinance and the
Public Works Department and Building Department.
7. Prior to the final of building permits the applicant shall replace the existing curb cut and
drive apron on 10th Street with curb and sidewalk through an encroachment permit
issued by the Public Works Department.
8. Disruption caused by construction work along roadways and by movement of
construction vehicles shall be minimized by proper use of traffic control equipment and
flagmen. Traffic control and transportation of equipment and materials shall be
conducted in accordance with state and local requirements.
9. The total square footage of the approved structure shall not exceed a maximum of
1,702 square feet.
10. The structure shall maintain a right side setback of 4 feet with roof eaves maintaining a
3 -foot setback.
`I'D
Planning Commission Resolution No._
Paae 5 of 5
11. The structure shall maintain a left side setback of 3 feet at the first floor, 2.5 feet at the
second and third floors and 1.5 -foot for roof eaves.
12. The garage and carport shall remain clear of obstructions and remain available for the
parking of vehicles at all times.
13. Prior to the issuance of building permits, the applicant shall obtain approval from the
California Coastal Commission for the demolition of the existing residence and the
construction of the new residence.
11
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