HomeMy WebLinkAbout02282007BOA Agendar
1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 589-5518 ^ FAX (772) 388-8248
AGENDA
BOARD OF ADJUSTMENT
WEDNESDAY, FEBRUARY 28, 2007
6:00 P.M.
1. CALL TO ORDER:
2. PLEDGE OF ALLEGIANCE:
3. ROLL CALL:
4. ANNOUNCEMENTS:
5. APPROVAL OF MINUTES: Regular meeting 10-25-06
6. OLD BUSINESS:
7. NEW BUSINESS:
A. QUASI-JUDICIAL PUBLIC HEARING:
TAFFI ABT, OF MEL FISHER TREASURE MUSEUM, IN REGARDS TO
PROPERTY LOCATED AT 1322 U.S. 1, IS REQUESTING A VARIANCE
TO ALLOW A SINGLE FAMILY DWELLING TO BE 628 SF, WHEREAS
THE CODE REQUIRES A MINIMUM OF 1200 SF.
B. QUASI-JUDICIAL PUBLIC HEARING:
AVA L. WILSON, IN REGARDS TO PROPERTY LOCATED AT 945
INDIAN RIVER DRIVE, IS REQUESTING A VARIANCE TO ALLOW A
BUILDING ADDITION TO BE 10 FEET FROM THE NORTH SIDE
PROPERTY LINE AND 14 FEET FROM THE SOUTH SIDE PROPERTY
LINE, WHEREAS THE CODE REQUIRES RESIDENTIAL STRUCTURES
THAT ARE 35 FEET IN HEIGHT TO BE A MINIMUM OF 20 FEET
FROM A SIDE PROPERTY LINE.
8. CI:[AIItMAN'S MATTERS:
9. MEMBERS' MATTERS:
10. STAFF MATTERS:
11. ADJOURN:
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ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF
ADJUSTMENT WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING
(OR HEARING) WILL NEED A RECORD OF THE PROCEEDINGS AND MAY NEED TO
ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH
RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS
TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE
WHO NEEDS A SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT
THE CITY'S ADA COORDINATOR AT (772) 589-5330 AT LEAST 48 HOURS IN
ADVANCE OF THE MEETING.
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HOME OF PELICAN ISLAND
BOARD OF ADJUSTMENT
COUNCIL CHAMBERS
1225 MAIN STREET
SEBASTIAN, FL 32958
WEDNESDAY, OCTOBER 25, 2006 - 6:00 PM
MINUTES
Mayor Burkeen called the Board of Adjustment meeting to order at 6:00 p.m.
2. The Pledge of Allegiance was recited.
3. ROLL CALL
City Council Present:
Mayor Brian Burkeen
Council Member Andrea Coy
Council Member Nathan McCollum
Council Member Sal Neglia
Council Member AI Paternoster
Staff Present:
City Manager, AI Minner
City Attorney, Rich Stringer
City Clerk, Sally Maio
Deputy City Clerk, Jeanette Williams
Growth Management Director, Rebecca Grohall
Growth Management Manager, Jan King
MIS Systems Analyst, Barbara Brooke
4. ANNOUNCEMENTS: None
5. APPROVAL OF MINUTES: September 13, 2006
On MOTION by Mr. Neglia and SECOND by Ms. Coy, the September 13, 2006 minutes
were approved on a voice vote of 5-0.
6. OLD BUSINESS:
A. Quasi-Judicial Hearing
Damien Gilliams Appeal Of An Administrative Decision To Deny The Reconstruction
Of A Nonconforming Sign At 1623 US 1 For Noncompliance Of The Sebastian Land
Development Code.
Board of Adjustment Meeting
October 25, 2006
Page Two
The City Clerk swore in all those who intended to offer testimony.
All disclosed ex-parte communications with Mr. Gilliams.
Damien Gilliams, 1623 US Highway One, Sebastian, testified on his own behalf. He
said this could have been handled administratively and hoped justice will be served.
He presented a letter from Attorney Burney J. Carter dated October 24, 2006 (see
exhibit 1 attached) and read the letter into the record. He said he noticed that there are
letters in the agenda packet from tenants of the building, and noted they are three new
owners. He cited documents in the agenda packet such as the letter from former
Growth Management Director, Tracy Hass dated May 17, 2005, a-mail from Building
Director, Wayne Eseltine dated April 12, 2005, and inspection report from MBV
Engineering dated May 23, 2005. He said there is a conflict because Jan King has been
overlooking this project because her family is in real estate. He said he stopped paying
his dues until the association made application for the sign; that two tenants submitted
the application incorrectly. He said he followed the City's instructions and got an
engineer who states it is not over 50% damaged and is then denied. He said this is
political and not fair.
The Growth Management Manager said the sign application was just received
September 7, 2006, agreed the sign was destroyed by an act of God as stated by Mr.
Gilliams, that the Riverfront has a special overlay district requirement for signs, and read
the requirements. She said he has stated his sign is destroyed; and that it is the
contention of Growth Management staff that the sign is more than 50% destroyed. The
Growth Management Director distributed a letter from Art-Kraft signs, the original
company that made the sign, stating the sign is damaged beyond 50% (see exhibit 2
attached).
The Growth Management Manager said she did not understand the MBV assessment
report because it contradicts itself and does it respond to the concerns expressed by the
Building Director.
She said in conclusion, that in accordance with the regulations in the LDC sign code and
overlay district provisions the sign should be built as a new sign in a manner that meets
current provisions.
Ms. Coy asked about the definition of 50% damage.
The City Attorney said the 50% is in the general sign provisions, but in the overlay
district it states, "in the riverfront normal repair can happen to anon-conforming sign, but
reconstruction cannot and staff is not to encourage survival of non-conforming signs."
He said if this is a normal repair go to it, but if it is a reconstruction it cannot be done.
The City Attorney said this an appeal of an administrative decision and the Board must
find that staff erred in its decision.
Board of Adjustment Meeting
October 25, 2006
Page Three
Mayor Burkeen asked how the Growth Management Manager quantified that 50% of the
sign was missing. She said in her opinion with a visual review of the area, half of the
sign is literally missing.
In response to the Mayor, the City Manager gave a timeline of the correspondence
included in the packet.
The Growth Management Manager said on February 10, 2005 the Growth Management
Department (GMD) received an a-mail from Burney Carter which looks like an
application with a graphic, then in April 2005 GMD received an inquiry about code
information, then several a-mails were sent back and forth and then GMD asked the
Building Dept. to take a look which resulted in Mr. Eseltine's a-mail and Mr. Hass' letter.
Mayor McCollum said this is a quasi judicial hearing and that documents are being
referenced that Council should have copies of.
The Growth Management Manager said these were inquiries only, citing that Mr.
Gilliams is stating the application was in process for one year, and there has not been a
submitted application to deny until the one received in September 2006. She said she
had told a caller from the building that they had to formally apply to get a denial.
The City Manager said Mr. Gilliams has brought up that he is being treated unfairly. He
said our job is to not allow non-conforming signs in accordance with the code, and that
an official permit application was not received until September 2006.
Mr. Neglia asked if the City Engineer ever looked at the sign and the Growth
Management Manager said he did not. He then asked if it was so irreparable, why is it
still standing.
Mr. Neglia then asked if the fagade grant funds could be used. The City Manager said
there will be FY 2007 funds available soon, and if Council chooses to approve the
appeal this sign would not be eligible for the CRA grant because grant monies must be
used on conforming projects.
Mr. Neglia asked if Mr. Gilliams was willing to put up a new sign.
Mr. Gilliams said he would not do that because his Mid-Florida Realty sign would not be
on top as it is now, as it is a conditional of his purchase agreement to attract walk-in
traffic and again, stated this was political. He also stated the Art Craft Sign letter
submitted by the Growth Management Manager was now public knowledge which might
hurt bid efforts and it was not reviewed by a certified engineer.
Mr. Paternoster asked the Building Director in reference to his a-mail, if he was an
engineer and he said he was not. Mr. Eseltine said current wind load requirements are
140 mph, exposure B, and he said he did not see Mr. Moia's reply until yesterday.
Board of Adjustment Meeting
October 25, 2006
Page Four
Mr. Gilliams said Mr. Moia is a structural engineer. Mr. Paternoster said he is having a
problem with the disparity between Mr. Moia's report and Art-Kraft's letter.
Mr. Paternoster read from Jan King's letter about 23 other signs in the district that had
been replaced.
Side 11, Tape 1, 6:49 pm
Scott Hodges, tenant of 1623 US 1, said he believes it is not more than 50% damaged
and would like to see it repaired. Mr. Hodges said he was not an engineer.
Mr. Gilliams said in his opening that he indicated that the application was just done
recently, that this was an act of God, that there can be some leniency, and requested
that staff issue him a permit.
The City Attorney advised that Council look at the documents presented, stating that the
Building Official was speaking to another set of provisions and the overlay district states
reconstruction of damaged, non-conforming signs cannot be done, he said the
engineer's report addresses structure. He said most damage is generally determined by
value and in the overlay district only normal repair can happen. He explained the
engineer's report speaks to structure, not value of the electrical or plastic aspects of the
sign.
Mr. Paternoster said he sees 50% damage and that it is interesting the City did not send
out our engineer, that Mr. Moia met the request for an engineer's report, and Mr.
Gilliams has met the requirements.
Mr. Neglia agreed that Mr. Gilliams came back with an engineer's report as requested.
Mayor Burkeen said in the future he wants all documents relative. He stated if we were
hanging our hats on the Riverfront Overlay District regulations, why was the Art Kraft
letter presented.
Mr. McCollum said if staff is going to provide testimony, the documents should be
provided to Council, and echoed if the 50% issue is not an issue, he asked why were
documents provided.
The City Manager stated if the 50% statement by the sign company is discounted, then
the engineer's 50% statement should also be discounted, and he reiterated the code
language, stating that staff is not encouraging the survival of non-conforming signs per
code and that 14 other businesses have followed the code.
Ms. Coy said she looked at the sign today and doing math with the sign diagrams
provided, she highlighted 2/3 of the missing sign, stated the cracks are structural, the
wires dangling down are structural, and in the Riverfront Overlay District the regulations
exceed repair requirements. She said 23 people complied with the overlay district code
and finds no difference in this permit application.
4
Board of Adjustment Meeting
October 25, 2006
Page Five
On a MOTION by Mayor Burkeen, with a SECOND by Mr. McCollum, the administrative
denial of reconstruction of anon-conforming sign at 1623 US 1 was overturned on
appeal with a roll call vote of 4-1 (Coy-nay).
7. NEW BUSINESS -None
8. CHAIRMAN'S MATTERS: None.
9. MEMBERS' MATTERS: None.
10. STAFF MATTERS: None.
11. Being no further business, Mayor Burkeen adjourned the meeting at 7:05 p.m.
Approved at the
Board of Adjustment meeting.
ATTEST:
Brian Burkeen, Mayor Sally A. Maio, MMC, City Clerk
S'Illf ~'
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1225 MAIN STREET ^ SEBASTIAN, FLORIDA 32958
TELEPHONE (772) 584-5518 ^ FAX (772) 388-8248
PUBLIC NOTICE
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>f~IC?i1~LE O~ F~.ICAN ISLA2lI~
CITY OF SEBASTIAN
1225 MAIN STREET
INDLAN RIVER COUNTY
FLORIDA
THE BOARD OF ADJUSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING ON WEDNESDAY,
FEBRUARY 28, 2007, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT
1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM
SECTION 54-2-5.5(d)(7) OF THE SEBASTIAN LAND DEVELOPMENT CODE.
TAFFI ABT, OF MEL FISHER TREASURE MUSEUM, IN REGARDS TO
PROPERTY LOCATED AT 1322 U.S. 1, IS REQUESTING A VARIANCE TO
ALLOW A SINGLE FAMILY DWELLING TO BE 628 SF, WHEREAS THE CODE
REQUIRES A MINIMUM OF 1200 SF.
BRIAN BURKEEN, CHAIRMAN
BOARD OF ADJUSTMENT
CITY OF SEBASTIAN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A
RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A
SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR
AT (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.
Published February 13, 2007
Growth Management Department
Variance Application -Staff Report
1. Project Name: Mel Fisher Museum Residential Unit
2. Requested Action: Variance requested from Section 54-2-5.5(d)(7) to allow a
single family dwelling to be 628 SF, whereas the code requires a minimum of
1200 SF.
3. Project Location
a. Address:
b. Legal:
c. Parcel ID:
4. Project Owner:
5. Project Agent:
6. Project Surveyor:
7. Project Description:
1322 U.S. 1
Lot 13, less highway right of way and Lots 14, 15, 16 and
17, Block 1, Hardees Subdivision No. B
31-39-06-00003-0010-00013.0
Ms. Taffi Abt
Mel Fisher Treasure Museum
1322 U.S. 1
Sebastian, FL 32958
Aaron Bowles
MBV Engineering, Inc.
2455 14~' Avenue
Vero Beach, FL 32960
(772)569-0035
N/A
a. Narrative of proposed action: The Mel Fisher Treasure Museum
consists of three buildings. The original site plan, which was approved in
1991, identified the buildings as a museum, a gift shop and a security
office. The applicant wishes to change the approved use of the 628 SF
office to a residence. Since the CWR zoning district requires a single
family dwelling to be a minimum of 1200 SF, Ms. Abt has applied for a
variance.
b.
c.
d.
Current Zoning: CWR (Commercial Waterfront Residential)
Adjacent Properties:
Zoning Current Land Future Land
Use Use
North: CWR retail RMU
East: CWR vacant RMU
South: CWR bar RMU
West: CR office RMU
Site Characteristics
(1) Total Acreage: .40 acres
(2) Current Land Use(s): museum
(3) Water Service: public water
(4) Sanitary Sewer Service: public sewer
8. Staff Comments:
In order to establish a residence on this property, the owner has been advised of a
number of issues that must be resolved. First, a modified site plan had to be
submitted. Staff required the site plan to identify the existing and proposed uses,
revise the parking calculations and address deficiencies in the existing
landscaping. The modified site plan is attached.
Next, application had to be made fora "change of use" building permit. This step
allows the Building Department to address issues such as smoke alarms, electrical
g.f.i.'s, bedroom egress, etc. Upon final inspection, a certificate of occupancy
may then be issued. Application has been made for this building permit, and the
Building Director is prepared to issue the permit as soon as Growth Management
approves the zoning.
Following review of the modified site plan, Growth Management staff identified
the need for a variance. The Land Development Code requires the minimum floor
area of asingle-family dwelling in the CWR district to be 1200 SF, but the
proposed building is only 628 SF.
2
9. Additional Considerations:
Following the hurricanes of 2004, Ordinance 0-04-19 allowed for the temporary
suspension of certain restrictions to allow for emergency housing. The owners
asked the City to allow the museum office to be used as temporary housing for
some displaced citizens. At that time, an inspection by the Building Director and
Growth Management Director determined that the building could be used for
temporary housing. Now the owners wish to establish a permanent residence on
the site and have made all applications as outlined above.
At a glance, the proposed residence appears to be substantially less than required
by code. Asingle-family dwelling is required to be a minimum of 1200 SF.
Since the proposal is for a single living unit, technically this is the threshold by
which staff must review the request. However, if multiple dwelling units were
proposed for the site, aone-bedroom unit would only require 700 SF of floor area,
much more in line with the proposed 628 SF.
In addition, the proposed modification to the site plan allows staff to review the
property for any other deficiencies, such as landscaping, parking, colors, signs,
etc. This provides the opportunity to require compliance with the Riverfront
Overlay District standards to the extent possible, particularly regarding
landscaping, colors and signs.
On a related matter, the Abts have also applied for a residential dock permit,
which has not been approved because the site is entirely commercial in nature.
Approval of the site modification for a residential unit will allow for issuance of
the residential dock permit. However, a residential dock may only be for the
personal recreational use of the owner (or tenant) of the property, and no
commercial activity will be permitted.
BOARD CRITERIA FOR DETERMIhTING VARIANCES (Section 54-1-2.5):
In order to authorize any variance from the terms of the land development
regulations, the Board of Adjustment must find the following:
a. Existence of special conditions or circumstances.
b. Conditions not created by applicant.
c. Special privileges not conferred.
d. Hardship conditions exist.
e. Only the minimum variance granted.
3
f. Not injurious to public welfare or intent of ordinance.
g. Conditions and safeguards may be imposed.
h. Time limit may be imposed.
i. No use variance permitted in specified instances.
Please reference Section 54-1-2.5 of the Land Development Code for further explanation
and clarification of the conditions as set forth above.
Staff Recommendation:
Staff recommends approval of the variance request to allow the 628 SF museum office to be
converted to a residence, with the following conditions:
1. All conditions of the modified site plan must be completed, included parking and
landscaping.
2. Buildings on the site are to be repainted in compliance with the Riverfront
Overlay District
3. All non-conforming signs on the property are to be removed, or modified to
comply with current code.
4. A fully enclosed utility storage area of at least 60 SF shall be provided for the
residence within one of the existing structures.
5. Following issuance of the building permit, owner will call for a final inspection
and obtain a certificate of occupancy for the residence.
Commission Action:
Hold quasi judicial hearing to consider the request for variance.
r ared by g
Growth Management Department
Z'ZZ ~~7
Date
4
City of Sebastian Permit Application No.
Development Order Application
A licant if not owner, written authorization notarized from owner is re uired
Name:
Mel Fisher Treasure Museum - Ms. Taffi Abt
Address:
1322 US H . 1, Sebastian, Florida 32958
Phone Number: 772 589-0435 Fax Number: 772 589-0997
E-Mail: N/A
Owner if different from a plicant
Name:
same as a plicant
Address:
Phone Number: Fax Number:
E-Mail: N/A
Type of permit or action requested:
Minor site adjustment 8~ variance
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE
REQUESTING. COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND 8 1/2" x 11" COPIES OF
ANY ATTACHMENTS SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMENTAL INFORMATION FORM.
A. Project's Name (if applicable):
Mel Fisher's Treasure Museum Site Modifications
B. Site Information
Address:
1322 US H . 1
Lot: Block: Unit: Subdivision:
13-17 1 Hardees Sub. No. B
Indian River County Parcel # : 31-39-06-00003-0010-000013.0
Zoning Classification: Future Land Use:
SCG SCG
Existing Use: Proposed Use:
Museum Museum/residential
C. Description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary): Conversion of an existing security quarters to a
residential efficiency.
DATE RECEIVED: FEE PAID: $ RECEIVED BY:
Form CD-2001 Pa e 1 of 3 Development A lication
A roved: 08-27-97 Revision: File Name: DOA
D. Pro'ect Personnel:
A ent: N/A
Name:
Address:
Phone Number: Fax Number: ( )
E-Mail:
Attorne N/A
Name:
Address:
Phone Number: Fax Number: ( )
E-Mail:
En ineer: Aaron J. Bowles, P.E.
Name:
MBV En ineerin ,Inc.
Address:
2455 14th Avenue
Vero Beach, FL 32960
Phone Number: 772 569-0035 Fax Number: 772) 778-3617
E-Mail: mbven bellsouth.net
Surve or: N/A
Name:
Address:
Phone Number: Fax Number:
E-Mail:
I, Ms. Taifi Abt ,BEING FURST DUPLY SWORN, DEPOSE AND SAY THAT: X I AM THE OWNER I AM THE
LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE INFORMATION, MAPS, DATA, AND/OR SKETCHES PROVIDED IN THIS APPLICATION
ARE ACCURATE AND TRUE TO THE BEST OF MY KNOWLEDGE AND BELIEF.
l ~-
Signature Date
Sworn to and subscribed before me by ~~ ~f
Who is personally known to me or produced
as identification, this ~~ day of , 2000
NOTARY'S SIGNATURE ,o{;~9P~--, JESSICAHAWKINS
*' ~*_ MY COMMISSION # DD 270715
PRINTED NAME OF NOTARY `1e$S) -' EXPIRES: October 22, 2006
COMMISSION NO./EXPIRATION 2 ~`~ BoridedThtuNOmryPublkUndarwriters
l 1 Z D!o ~~~~;qf ;,...
SEAL:
Form CD-2001 Pa e 2 of 3 Development A lication
A roved: 08-27-97 Revision: File Name: DOA
The following is required for all comprehensive plan amendments, zoning amendments
(inlcuding rezoning), site plans, conditions use permits, special use permits, variances,
exceptions, and appeals.
INVE, X ,THE OWNER(S) THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY
DESCRIBED WHICH IS THE SUBJECT OF THIS APPLICATION, HEREBY AUTHORIZE EACH AND EVERY
MEMBER OF THE Planning & Zoning BOARD/COMMISSION OF THE CITY OF SEBASTIAN (THE
BOARD/COMMISSION) TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING APPLICATION.
I/WE HEREBY WAIVE ANY OBJECTION OR DEFENSE INVE MAY HAVE, DUE TO THE QUASI-JUDICIAL
NATURE OF THE PROCEEDINGS, RESULTING FORM ANY BOARD.COMMISSION MEMBER ENTERING OR
VIEWING THE PROPERTY, INCLUDING ANY CLAIM OR ASSERTION THAT MY/OUR PROCEDUREAL OR
SUBSTANTICE DUE PROCESS RIGHTS UNDER THE FLORIDA CONSTITUTION OT THE UNITED STATES
CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY ME/US VOLUNTARILY AND NOT AS A RESULT OF ANY
COERCION APPLIED, OR PROMISES MADE, BY ANY EMPLOYEE, AGENT, CONTRACTOR OR OFFICIAL OF
THE CITY OF SEBASTIAN.
i natur Date
Sworn to and subscribed before me by (Q-~ ~~
Who is.lzersonally known to me or produced
as identification, this ~_day of _ , 200
NOTARY'S SIGNATURE ~
PRINTED NAME OF NOTARY NIk1~~ ,ig`•~~~"~; JESSICAHAWIgNS
COMMISSION NO./EXPIRATION ~~ -~~-~lr-~ ~ ~ ~~ ~: o` MY COMMISSION#DD270715
SEAL: ~ ' ;;~ ~~ EXPIRES:October22 2006
Pf,e'~`e~` Bondid T}IN NOtdIY PuWIO UfIdBfM7{1gB
Form CD-2001 Pa e 3 of 3 Develo ment Ap lication
A proved: 08-27-97 Revision: File Name: DOA
Supplemental Information
Application to the Board of Adjustment
Permit Application No.
X 1. This application is for a: X Variance(s) Appeal(s)
X 2. Specify all code provisions for which a variance is being requested or the decision or
decisions that you are appealing (attached extra sheets if necessary):
Code requires minium 1200 SF residential unit. Site proposes 628 SF.
X 3. Legal description of the property involved: See attached plans for legal.
X 4 Attach the following:
N/A a. A boundary survey of the property executed by a Florida Registered Surveyor. The
survey shall show the dimensions of the lot or parcel at issue, the location of all
structures, if any, along with adjacent streets, and all easements and rights-of-way.
X b. Additional data and information as required to properly advise the Board of the facts
and circumstances needed to decide the case on its merits.
X c. The names and addresses of all property owners whose property or part of their real
property is within 300 feet of any outer boundary of the lot or parcel of land that is
subject of the application.
Form CD-2003 Pa e 1 of 1 Board of Ad"ustment
A roved: 08-27-97 Revision: File Name: SIBOA
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1iC31VlE OF PELI~At+] 15LAIdi?
1225 MAIN STREET ^ SEBASTIAN, FLORIDA 3295$
TELEPHONE (772) 5$9-5518 ^ FAX (772) 388-8248
PUBLIC NOTICE
CITY OF SEBASTIAN
1225 MAIN STREET
INDIAN RIVER COUNTY
FLORIDA
THE BOARD OF ADNSTMENT OF THE CITY OF SEBASTIAN, INDIAN RIVER
COUNTY, FLORIDA, WILL CONDUCT A PUBLIC HEARING ON WEDNESDAY,
FEBRUARY 28, 2007, AT 6:00 P.M. IN THE CITY COUNCIL CHAMBERS LOCATED AT
1225 MAIN STREET, SEBASTIAN, FLORIDA, TO CONSIDER A VARIANCE FROM
SECTION 54-2-5.2.4(d)(5) OF THE SEBASTIAN LAND DEVELOPMENT CODE.
AVA L. WILSON, IN REGARDS TO PROPERTY LOCATED AT 945 INDIAN
RIVER DRIVE, IS REQUESTING A VARIANCE TO ALLOW A BUILDING
ADDITION TO BE 10 FEET FROM THE NORTH SIDE PROPERTY LINE AND 14
FEET FROM THE SOUTH SIDE PROPERTY LINE, WHEREAS THE CODE
REQUIRES RESIDENTIAL STRUCTURES THAT ARE 35 FEET IN HEIGHT TO BE
A MINIMUM OF 20 FEET FROM A SIDE PROPERTY LINE.
BRIAN BURKEEN, CHAIRMAN
BOARD OF ADJUSTMENT
CITY OF SEBASTIAN
ANY PERSON WHO DECIDES TO APPEAL ANY DECISION MADE BY THE BOARD OF ADJUSTMENT
WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING (OR HEARING) WILL NEED A
RECORD OF THE PROCEEDINGS AND MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE
PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH
THE APPEAL IS TO BE HEARD. (286.0105 F.S.)
IN COMPLIANCE WITH THE AMERICANS WITH DISABILITIES ACT (ADA), ANYONE WHO NEEDS A
SPECIAL ACCOMMODATION FOR THIS MEETING SHOULD CONTACT THE CITY'S ADA COORDINATOR
AT (772) 589-5330 AT LEAST 48 HOURS IN ADVANCE OF THE MEETING.
Published February 13, 2007
f~lY #
SEB~~`~AIV
Growth Management Department
Variance Application -Staff Report
1. Project Name: Ava L. Wilson Residential Addition
2. Requested Action: Variance requested from Section 54-2-5.2.4(d)(5) to allow a
building addition to be 10 feet from the north side property line and 14 feet from
the south side property line, whereas the code requires residential structures that
are 35 feet in height to be a minimum of 20 feet from a side property line.
3. Project Location
a.
b.
Address: 945 Indian River Drive
Legal: Metes and bounds
a.k.a. Lot 6, of that unplatted portion of Block E of W. A.
Martin Subdivision.
c. Parcel ID:
4. Project Owner:
5.
6.
7.
Project Agent:
Project Surveyor:
Project Description:
31-39-06-00013-0005-00006.0
Ava L. Wilson
945 Indian River Drive
Sebastian, FL 32958
N/A
Thomas Randall Cecrle
Professional Land Surveyor
17049 U.S. 1, Suite A
Sebastian, FL 32958
a. Narrative of proposed action: Ms. Ava Wilson proposes to construct an
addition to her home at 945 Indian River Drive. The proposed addition is
35 feet in height, requiring a 20-foot side yard setback. She has applied
for a variance to allow the addition to be 10 feet from the neighboring
1
property to the north and 14 feet from the neighboring property to the
south.
b.
c.
Current Zoning: RM-8 (Medium Density Multi-Family Residential)
Adjacent Properties:
Zoning
Current Land Future Land
Use Use
North: RM-8 residential tri-plea RMU
East: C Indian River C
South: RM-8 residence RMU
West: CR office building RMU
8.
d.
Site Characteristics
(1) Total Acreage:
(2) Current Land Use(s):
(3) Water Service:
(4) Sanitary Sewer Service:
.32 acres
single family residence
existing well
existing septic system
Staff Comments:
In 1992, Ava Wilson purchased a small home at 945 Indian River Drive. The
residence was anon-conforming structure because it did not meet the minimum
side yard setbacks for the COR zoning district. As asingle-story, less than 25-
foot high structure, the code required a minimum 15-foot side yard setback.
However, as noted in the Property Appraiser records, the home was built in 1946,
predating our Land Development Code.
In 1996, Ms. Wilson applied for a building permit to construct a 300 SF addition
to the front of her home. That portion of the proposed structure which encroached
into the 15-foot side yard setback required a variance. The variance was granted
by the Board of Adjustment to allow the addition to be 10 feet from the north
property line and 14 feet from the south property line. Exhibit 1 attached to this
staff report shows the dark shaded areas of the addition for which the 1996
variance was granted.
Today, Ms. Wilson proposes to construction a substantial addition to the existing
home. From the drawings provided by the applicant, the addition will be three
stories, 600 SF per floor, with a single story connecting structure of
approximately 275 SF. The total addition is estimated to be 2,075 SF.
2
In 2000, the COR zoning district was changed to RM-8. The old code required a
minimum 15-foot side yard setback for a residence, with an additional one foot
setback for every additional 2 feet in height above 25 feet. The newer code
allows a 10-foot side yard setback for a single story structure, but duplicates the
old code by requiring a 15-foot side yard setback for a two story structure, plus an
additional one foot setback for every additional 2 feet in height above 25 feet.
See existing code below.
Yard Setbacks
1-story structures 2-story structures
Front 25 25
Rear 25 25
Side 10 1 S
*Plus one foot for each additional two feet in height above 25 feet.
Staff note: A structure 35 feet in height would require a 20-foot setback.
Setbacks are established to provide a visual separation between properties. To
protect the residential nature of this zoning district as well as the visual separation
of properties, additional setbacks have been imposed for higher structures.
Several years ago, Willard Siebert was denied a building permit fora 35-foot
residence in the same zoning district north of the Wilson property. As a result, he
redesigned his project to accommodate the necessary setbacks.
BOARD CRITERIA FOR DETERMINING VARIANCES (Section 54-1-2 51•
In order to authorize any variance from the terms of the land development
regulations, the Board of Adjustment must find the following:
a. Existence of special conditions or circumstances.
b. Conditions not created by applicant.
c. Special privileges not conferred.
d. Hardship conditions exist.
e. Only the minimum variance granted.
3
f. Not injurious to public welfare or intent of ordinance.
g. Conditions and safeguards may be imposed.
h. Time limit may be imposed.
i. No use variance permitted in specified instances.
Please reference Section 54-1-2.5 of the Land Development Code for further explanation
and clarification of the conditions as set forth above.
Staff Recommendation:
Staff recommends denial of the variance. The requested variance is vastly different from the
variance approved in 1996. That structure was asingle-story addition to a single-story
residence. And, the code revision of 2000 changed the side setback for asingle-family
structure to 10 feet. If that addition had been requested after 2000, no variance would have
been needed.
It is the opinion of staff that the height of the proposed structure warrants the need for an
additional side yard setback, as outlined in the code. Also, the zoning change of 2000 did
not impose any additional restrictions on the property that were not already identified in the
zoning regulations at the time Ms. Wilson purchased the property.
Staff further recommends that Ms. Wilson redesign the project to meet Land Development
Code regulations without the need for a variance.
Commission Action:
Hold quasi-judicial hearing to consider the request for variance.
P p ed by Jan g
G Manage nt Department
Z-zZ"a7
Date
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V~-~~Nt~t.•1
~,~ Permit Application No.
City of Sebastian
un..~.k~~,,,. ~ DeVelonment nrdpr ~r,r,l~r-at~nn
A licant If not owner, written authorization notarized from owner is re uired
Name: ~~ ` ` O
Addres ~ ~ `
Phone Number: (~~2) ~- ~/ ~ ~- FAX Number: ( ) - ~CC.Vk.e
E-Mail:
S~~J ~r~Q~l ~ 20
~ ~ C ~ Vl/l
Owner If different from a licant
Name:
~~~
Address: ,.
< < ~a
Phone Number: ( ) - FAX Number: ( ) - ,
E-Mail:
Title of permit or action requested:
J 1 ~ ~ r ~ ~ ~iI,E
PLEASE COMPLETE ONLY THOSE SECTIONS WHICH ARE NECESSARY FOR THE PERMIT OR ACTION THAT YOU ARE REQUESTING.
COPIES OF ALL MAPS, SURVEYS, DRAWINGS, ETC. SHALL BE ATTACHED AND $-1 /2° BY 11" COPIES OF ANY ATTACHMENTS
SHALL BE INCLUDED. ATTACH THE APPROPRIATE SUPPLEMETAL INFORMATION FORM.
A. Project Name (if applicable):
B. Site Information
Addres : ~~ n~ I l~v~.l" r j ~~
e ~s~ ~ a
Lot: / Block: Unit:
(p Subdivision: ~ n
~
Indian River County Parcel #:
3~-
3! - 6(0 - oo~l •oooS-~~o~
Zoning Classifica ' n' Future Land Use:
S f /l ~~
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'
Exiting se: ~
j
Vl
Proposed Use: ~ ~
C. Detailed description of proposed activity and purpose of the requested permit or action (attach
extra sheets if necessary):
DATE RECEIVED: IZ / $ /t'X_p. FEE PAID: $ .~Sy • 0o RECEIVED BY:
G~ 3'f3
Permit Application No.
D. Pro'ect Personnel:
A ent:
Name:
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Attorne
Name:
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
En ineer:
Name:
Address
Phone Number: ( ) - FAX Number: ( ) -
E-Mail:
Surve or:
Name:-~,.~ o m S /
~c~ rt C~'c~ ` I /~
le C r ~e.
Address
Phone Number: (~~ 3~g - DSa-Q FAX Number: ( ) -
E-Mail
l~ ~ y 2 ~ 7 Y ~ `~]Q 1~ ,BEING FIRST DULY SWORN, DEPOSE AND SAY THAT: '~ I AM THE OWNER _ I
AM THE LEGAL REPRESENTATIVE OF THE OWNER OF THE PROPERTY DESCRIBED WHICH IS THE SUBJECT MATTER OF THIS
APPLICATION, AND THAT ALL THE fNFORMATION, MAPS, DATA AND/OR SKETCHES PROVIDED IN THIS APPLICATION ARE
ACC TE AND TR E TO THE BEST OF MY KNOWLEDGE AND BELIEF.
I ~ ob
IGNATURE DATE
SWORN Tc~ An SUBSCRIBE E ME BY /~(, ~~~QrQ /'
_ O IS PERSONALLY KNOWN TO ME R PR CED
AS ID IFICATION, THIS DAY OF 20
NOTARY'S SIGNATURE J
PRINTED NAME OF NOTARY
COMMISSION NO./EXPIRATION
SEAL:
""'-~ Shannon L. Dimond
SPpY PVB rr
~~~~`~ =Commission#DD335905
~.. '~:o< Expires: Ju107, 2008
±n; ... •c?: Bonded Ttuu
of ~ Atlantic Bonding Co., Inc.
Permit Application No.
The following is required ''or all comprehensive plan amendments, zoning amendments
(including rezoning), site p lane, conditional use permits, special use permits, variances,
exceptions, and appeals.
I/WE, ,~ THE OWNER(S~ / _ THE LEGAL REPRESENTATIVE OF THE OWNER(S~ OF THE PROPERTY DES,CRIB~ED WHICH IS
THE SUBJECT OF THIS APPLICATION, FI =REBY AUTHORIZE EACH AND EVERY MEMBER OF THE CAIhIY-11SS IUD Ill
BOARD/COMMISSION OF THE CITY OF SEBASTIAN TO PHYSICALLY ENTER UPON THE PROPERTY AND VIEW THE PROPERTY IN
CONNECTION WITH MY/OUR PENDING A. 'PLICATION.
I/WE HEREBY WAIVE ANY OBJECTIC V OR DEFENSE I/WE MAY HAVE, DUE TO THE QUASI-JUDICIAL NATURE OF THE
PROCEEDINGS, RESULTING FROM ANY 3OARD/COMMISSION MEMBER ENTERING OR VIEWING THE PROPERTY, INCLUDING ANY
CLAIM OR ASSERTION THAT MY/OU 2 PROCEDURAL OR SUBSTANTIVE DUE PROCESS RIGHTS UNDER THE FLORIDA
CONSTITUTION OR THE UNITED STATE ;CONSTITUTION WERE VIOLATED BY SUCH ENTERING OR VIEWING.
THIS WAIVER AND CONSENT IS BEING SIGNED BY MENUS VOLUNTARILY AND NOT AS A RESULT OF ANY COERCION APPLIED, OR
PRO ES MADE, BY ANY EMPL(ZYEE, f SENT, CONTRACTOR OR OFFICIAL OF HE C MMOF SEBASTIAN.
SIGNATURE ~ ~~ V
D E
and subscribed before mF by _ ~~( ~~ ~~
~o Is personally known to me r p oduced
as iden~iflca on, Is day of _ , 20~_•
Notary's Signature ~~~~~~~~~, Shannon L. Dimond
Printed Name of Notary _ ~ , c~"~Y P6.a ~~
~_• `~ = Commission #DD335905
Commission No./Expiration ~ d: .: ._
,~,;~:;~; Expires• Ju107, 2008
Seal: ~-~ ~+~g • . • •oP Bonded Thru
of ~ .~' Atlantic Bonding C.o., Inc.
'~~nu~•
Permit Application No.
:ales
SEA
NOME OF PELICAN ISLANB
Supplemental Information
Application to the Board of Adjustment
- 1. This application is fora (check one): 'variance(s) appeal(s)
2. Specify all code provisions for which a variance is being requested or the
decision or decisions that you are appealing. (Attach extra sheets if
necessary):
- 3. Legal description of the property involved:
- 4. Attach the following:
~ a. Boundary survey of the property executed by a Florida Registered
Surveyor. The survey shall show the dimensions of the lot or parcel at
issue, the location of all structures, if any, along with adjacent streets,
and all easements and right-of--ways.
'' b. Additional data and information as required to properly advise the Board
of the facts and circumstances needed to decide the case on its merits.
c. The names and addresses of all property owners whose property or part
of their real property is within 300 feet of any outer boundary of the lot
or arcel of land that is sub'ect of the a lication.
Page 1 of 1
Main Identity
From: "wilson1324" <wilson1324@bellsouth.net>
Sent: Friday, December 08, 2006 2:28 PM
The following represents a request for setback variance in order to proceed with design plans for a building
permit application. Home address is 945 Indian River Dr. in Sebastian. Generally, would add 1005 square
feet to existing 995 square foot print. As the family within has expanded, home owners wish to build this addition
along existing line of house. Ground floor would include rec. area and bathroom. Second floor, 2 modest
bedrooms, 1 bath ,and patio. Third level (within existing height restrictions) would be no more that a modest
room and deck area.
As is characteristic of these older lots along the riverfront, 945 is a mere 50' in width, yet 280' deep. It is
restricted in ways that don't accomodate subsequent growth planning. While predominantly not-visible to public,
all aspects of design and planning would be done with the utmost interest in it's aesthetic affect on surrounding
area. One need only observe the structure (909 I.R.D.)that is my North side neighbor to determine just what
aesthetic, we are trying to avoid within this request.
It is recognized that with the granting of this request, site prep. would include excavation of existing septic
tank with hook-up to county sewer and water.
12/8/2006
Dear Ms. King,
12/14/06
In 1992, I purchased my little 24'x26' house on my 50'x280' river front lot in
Sebastian at the age of 32. It was nearly pertect,.., for one. In 1996 the city
granted me a very similar variance as being requested here, to build onto the (river)
front of my little house. I did so then under owner/builder status as we would be
doing so now.
Married in '99, my husband and I had our daughter in 2001. We are not
commercial developers. We have no corporate sponsors. We are a local family with
a desire to expand our own home.
The lot's hardship is that at 50' in width, it does not meet the code's standard of a
minimum 80' lot size. To enforce the standard developement set-back incongruous
to existing line of house would:
* make no functional sense in relation to pre-existing home floor plan.
* establish a "railroad apartment" effect both to interior space as well as to the
exterior appearance of home structure.
* create need for an excessively long driveway and consequential vehicle
turn-around hence; drastically reducing existing area green space.
Granting this variance allows for a palmed greenspace in the midst of the
structural footprint while also preserving some (back) yard area for our small
(trailered) boat, our Childs grassy naked play area, as well as that of the family dog.
As this general layout proposes, the building's compact structural footprint would
also maintain simple driveway access as it already exists. We recognize that our
proposed plan would require the excavation of our septic tank with shook-up to
county sewer/water.
Though barely visible for the trees, one need only drive or stroll by and view
earlier addition in front of 945 I.R.Drive, to observe the harmonious rivertront
aesthetic with which any addition would be in keeping. On that same outing,
one might observe the North boundary neighboring property of 909 I.R.D. It is a
'valuable' example of what standard setbacks imposed on these odd lot shapes
ultimately dictates. It represents the very aesthetic that with this request, we are
trying to avoid.
I urge you to please seriously consider and then grant this request so that we
may proceed with design and permitting efforts.
Feel free to contact myself or my husband Mike at 589-2165. 945 Indian River Dr.
Sebastian.
Sincerely, ~~~ ~--~~
Ava (Wilson) Stewart
Page 1 of 1
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