HomeMy WebLinkAboutVoyer Modification Appeal_PA2010-043CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
July 22, 2010 Meeting
Agenda Item 5
SUBJECT: Voyer Modification Appeal - (PA2010 -043)
20442 Santa Ana Avenue
ff Modification Permit No. MD2010 -007
APPLICANT: Brion Jeannette Architecture
PLANNER: Patrick J. Alford, Planning Manager
949 - 644 -3235, palfordna,newportbeachca.gov
PROJECT SUMMARY
The application is an appeal by the applicant of the Zoning Administrator's decision to
approve a modification permit to allow a residential building to encroach 10 feet into the
25 -foot rear yard setback. The applicant is requesting a 15 -foot encroachment.
RECOMMENDATION
1) Conduct a de novo hearing; and
2) Deny the appeal and approve Modification No. MD2010 -007 with a 10 -foot
encroachment or approve the appeal and approve Modification No. MD2010 -007
with a 15 -foot encroachment.
Voyer Modification Appeal
July 22, 2010
Page 2
LOCATION
VICINITY MAP
ZONING
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ON -SITE
Multiple Residential (RM
Residential Medium
Multiple -unit residential
43 DU /AC
Density RMD 1000
NORTH
RM 43DU /AC
RMD 1000
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RM 43DU /AC
RMD 1000
Multi le-unit residential
EAST
RM 43DU /AC
RMD (1000)
Multi le -unit residential
General Agricultural /Sign
Santa Ana Country Club Golf
WEST
Open Space (County)
Restriction Al (SR)
Course
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LOCATION
GENERAL PLAN
ZONING
CURRENT USE
ON -SITE
Multiple Residential (RM
Residential Medium
Multiple -unit residential
43 DU /AC
Density RMD 1000
NORTH
RM 43DU /AC
RMD 1000
Multiple-unit residential
SOUTH
RM 43DU /AC
RMD 1000
Multi le-unit residential
EAST
RM 43DU /AC
RMD (1000)
Multi le -unit residential
General Agricultural /Sign
Santa Ana Country Club Golf
WEST
Open Space (County)
Restriction Al (SR)
Course
-
—
(County)
Voyer Modification Appeal
July 22, 2010
Page 3
INTRODUCTION
Proiect Settin
The project site is a 7,003- square -foot lot (49.98'x 140.12) located at 20442 Santa Ana
Avenue in the Santa Ana Heights area of the City. The project site is currently
developed with a 1,346- square -foot, one -unit, single -story dwelling, and a 1,440- square-
foot detached garage structure that was converted into a two -unit dwelling. The
surrounding area is developed principally with multiple -unit dwellings.
Project Description
The project involves 1) the demolition of a portion of the existing single -unit dwelling and
the addition of three, two- vehicle, garages and a second floor living area; and 2) the
demolition of a portion and interior remodel of the existing two -unit dwelling. In order to
accommodate the proposed project, a 15 -foot encroachment into the 25 -foot rear yard
setback is requested (See Attachment PC 1).
Background
On November 17, 2008, a stop work notice was issued to the applicant for constructing
a second -floor addition above the detached garage structure without the required
building permits. Review of plans for the addition subsequently submitted by the
applicant indicated that the detached garage structure and the second -floor addition
project 20 feet into the required 25 -foot, rear yard setback.
On January 6, 2009, the applicant submitted an application for a modification permit
(MD2009 -001) for the second -floor addition. However, the application was deemed invalid
because the as -built addition 1) exceeded the floor area threshold for additions to existing
non - conforming structures; 2) added habitable rooms without providing the required
number of parking spaces; 3) increased a nonconforming structure's inconsistency with
the Zoning Code. The application was subsequently withdrawn.
On March 11, 2010, the current application (MD2010 -007) was submitted and deemed
complete on April 6, 2010.
On May 13, 2010, the Zoning Administrator conducted a public hearing on Modification
Permit No. MD2010 -007. The Planning Department recommended denial. The Zoning
Administrator deferred rendering a decision for 15 days in order to consider both the
written and oral evidence presented.
On May 28, 2010, the Zoning Administrator approved Modification Permit No. MD2010-
007 with a 10 -foot encroachment into the 25 -foot rear yard setback, instead of the 15 -foot
encroachment requested by the applicant.
I
Voyer Modification Appeal
July 22, 2010
Page 4
On June 2, 2010, the applicant filed an appeal of the Zoning Administrator's decision.
DISCUSSION
Section 20.93.030 (Required Findings) of the Zoning Code requires that the following
three findings must be made in order to approve a modification permit:
A. The granting of this application is necessary due to practical
difficulties associated with the property and that the strict application
of the Zoning Code results in physical hardships that are inconsistent
with the purpose and intent of the Zoning Code,
B. The requested modification will be compatible with existing
development in the neighborhood.
C. The granting of this Modification Permit will not adversely affect the
health or safety of persons residing or working in the neighborhood of
the property and not be detrimental to the general welfare or injurious
to property or improvements in the neighborhood.
The Appeal
The applicant states that the reason for the appeal is that he disagrees with facts upon
which findings were made (Attachment PC 2). However, the applicant submitted
information in support of the required findings to the Zoning Administrator prior to the
decision (See Attachment PC 3). The key points are summarized as follows:
• There is a disparity between the required rear yard setback for the subject
property and the rear yard setbacks used by adjacent developments.
• Strict application of the 25 -foot rear yard setback will result in a reduced
buildable area and an unfair diminution from that enjoyed by the neighboring
residences.
• The modification is compatible with the existing development because it is
similar to what is currently enjoyed by the neighboring properties.
• A reduced rear yard setback would result in a development density inline with
the existing residences.
• The duplex is approximately 55 percent completed. The modification would
maintain the integrity of the structure and establish a reasonable rear yard
setback.
17
Voyer Modification Appeal
July 22, 2010
Page 5
• The 25 -foot rear yard setback is inconsistent with those of other structures in
the area.
• The modification would not adversely impact adjacent properties because the
grade separation and project design will provide adequate air, light, and
privacy.
Review of the Zoning Administrator's Decision
Practical Difficulties Finding
The Zoning Administrator agreed that the depth and size of the lot when combined with
the 20 -foot front and 25 -foot rear yard setbacks significantly limit available area for
construction. Furthermore, the Zoning Administrator found that strict application of
setback standards along with parking requirements and height limits effectively restricts
the ability of the applicant to develop multi - family residential uses consistent with the
Multiple Residential (RM) land use classification. However, the Zoning Administrator did
not see the existence of the two -unit dwelling and the spa /waterfall (located between the
two dwellings) as practical difficulties justifying relief from setback standards. The
Zoning Administrator noted that the two -unit dwelling was constructed without benefit of
permits and that the applicant did not have the right to retain an illegal building. The
Zoning Administrator also concluded that the spa /waterfall could be relocated at limited
expense.
Compatibility Finding
The Zoning Administrator concluded that the requested 15 -foot encroachment was not
compatible with existing development in the neighborhood. The Zoning Administrator
noted that principal structures in the area generally adhere to the minimum setback
standard and that only accessory structures were allowed to encroach based upon the
County of Orange Zoning Code that was in effect prior to annexation. The Zoning
Administrator saw the only exception in the vicinity where principal structures encroach
within the 25 -foot rear yard setback is the 5 -unit Savanna Lane PUD located to the
south of the project site, which provides rear yard setbacks ranging from 7 feet, 9 inches
to 15 feet. However, the unit (20452 Savanna Lane) closest to the project site only has
a 5 -foot side yard setback.
The Zoning Administrator concluded that a 10 -foot encroachment is compatible with
existing development in the neighborhood when taking into account structure setbacks
on lots within the general vicinity and the fact that the closest abutting residential
building (20452 Savanna Lane) has two- stories, is located 5 feet from the intervening
property line, and is built on a grade that is approximately 3 feet higher than the grade
of the project site.
Voyer Modification Appeal
July 22, 2010
Page 6
Public Safety Finding
The Zoning Administrator concluded that requested 15 -foot encroachment could
adversely affect use and enjoyment indoor and outdoor living spaces of abutting
residences due to the reduction of light, air and privacy. However, a 10 -foot
encroachment would be acceptable.
Finally, the Zoning Administrator found that approval of the applicant's requested 60
percent reduction of setback area could be used by other property owners as a
precedent to support similar future requests.
Environmental Review
The project is categorically exempt under Section 15301, of the California
Environmental Quality Act (CEQA) Guidelines - Class 1 (Existing Facilities).
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 on the
agenda for this meeting, which was posted at City Hall and on the City website.
Prepared by:
Patrick J. Alford, Planning Manager
ATTACHMENTS
Submitted by:
David Lepo, Planning iF ctor
PC 1 Project plans
PC 2 Appeal application
PC 3 Project criteria provided by the applicant
PC 4 Modification Permit MD2010 -007 Action Letter
PC 5 Photographs provided by the applicant
Tmpll: 11/23109
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Attachment No. PC 1
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Attachment No. PC 2
Appeal application
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CITY OF NEWPORT BEAC ?
Planning Department y wM^
"4 L, 1 2 % 7 'J vnc
3,500 Newport Boulevard, Bldg. C r
Newport Beach, CA -92 63
APPLICATION TO APPEALT E-E SION OF THE
XZONING ADMINISTRATOR ❑ PLANNING DIRECTOR
Project No. PA Activity No.
Site Address �(l ��`t Z. Jc -�k� �� (r` y(- /�-
Name of Appellant -/ \ �j ,!� IJ(,
or person filing J 1('A`fi,.� /;� � Phone 7 I'{ J/ 7(0 ( Z
Date of decision c(_' � �� -\y 2
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Regarding application of !� 0 C� �� U v, � !�� Z° t UU "7 �� ZU /U 13
(Description of application) IM 0 A; C . , cl, C 5�..-1 (Oc-C ✓ , z i =/-
4 -,� /a -f-
Reasons for Appeal
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! of App le lant
Received by:
Date Appeal filed and Administrative Fee received:
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Date
Fee Received:
20
Hearing Date An appeal shall be scheduled for a hearing before the Planning Commission within sixty (60)
days of the filing of the appeal unless both applicant and appellant or reviewing body consent to a later date
(NBMC Sec. 20.95.050).
NOTE: Please submit:
�• 11 x17 set of plans — 12 each
One set of mailing labels (Avery 5960) for property owners within 300 ft. radius of subject property
APPEALS: Municipal Code Sec. 20.95.040B
Appeal Fee: $3,070.00 pursuant to City Council Resolution 2009 -63 /
(Deposit funds with Cashier in Account #2700 -5000)
F:\ Users \PLN \Shared \Forms\APPEAL\Appeal application rev.docl application Revised: 05/20/2010
Attachment No. PC 3
Project criteria provided by the applicant
M
Voyer Residence Modification Permit Application
Project Criteria:
A, Granting of this application is necessary due to the difference in the
required rear yard setback and the rear yard setbacks used by
adjacent developments. Strict application of the zoning code's 25-
foot rear yard setback will result in a reduced buildable area for the
subject lot that would be an unfair diminution from that enjoyed by the
neighboring residences.
B. The requested modification is compatible with the existing
development since it is simply a request to enjoy a setback similar to
what is currently enjoyed by the neighboring properties.
C. Since allowing the rear yard setback to be reduced from 25 -feet to 10-
feet would result in a development density inline with the existing
residences, the granting of this application will not adversely affect the
health or safety of the persons residing or working in the neighborhood
of the subject lot and will not be detrimental to the general welfare or
injurious to property or improvements in the neighborhood,
0
5/13/2010
Supplemental Information for the Project Justification Request
Proiect Criteria:
A. Although the building that was originally permitted was remodeled
without permits, the building exists today as a two -unit, 2 -story duplex
approximately 55% completed. The practical difficulty is maintaining
the integrity of the structure while at the same time establishing a
reasonable rear yard setback. The physical hardship is removing the
rear 5 -feet of structure to meet the 10 -foot rear yard setback.
B. The current code requires a 25 -foot rear yard setback, which is
inconsistent with structures in the area. The existing rear yard setbacks
of adjacent development ranges from a zero -foot setback, a 2' -9"
setback, a 6' -0" setback, a 7' -9" setback, a 8' -6" setback, a 15' -0"
setback, and as much as 25' -0" setback. The neighborhood Plan on
sheet A -1.1 and the attached photos depict the various setback
conditions mentioned above. Considering this, our request for a 10-
fool rear yard setback is consistent with the existing development.
C. The granting of a 10 -fool rear yard setback would not be adverse,
detrimental, or injurious to the neighboring properties or improvements.
First, the grade at the rear of the Voyer property is approximately 3' -4"
lower than the grade on the adjacent property at 20452 Savanna
Lane. Secondly, this adjacent 2 -story residence has a utilitarian 5 -foot
side yard along with a nearly windowless fapade that faces the rear
yard of the Voyer property. The one window that is located on the
facing elevation is on the second story and is glazed with obscured
glass. Granting the l0 -foot rear yard creates a modest open air space
that will be appropriately landscaped to create two private patio
spaces for the first floor of the duplex. in addition, the proposed
second story of our duplex will only have two windows that face the
adjacent residence at 20452 Savanna Lane and they too will be
glazed with obscured glass.
M
Attachment No. PC 4
Modification Permit MD2010 -007 Action
Letter
Application
Applicant:
Site Address:
Legal Description:
ZONING ADMINISTRATOR ACTION LETTER
PLANNING DEPARTMENT
3300 NEWPORT BOULEVARD
NEWPORT BEACH, CA 92663
(949) 644 -3200 FAX (949) 644 -3229
Modification Permit No. MD2010 -007 (PA2010 -043)
Brion Jeannette Architecture for Dunn Voyer, property owner
20442 Santa Ana Avenue
Portion of Lot 6 of Tract 456
On May 13, 2010, the Zoning Administrator conducted a noticed public hearing on
Modification Permit No. MD2010 -007. The applicant requested a 15 -foot reduction of a
required 25 -foot rear yard setback for a proposed 2 -story, 2 -unit, residential building.
The property is located in the RMD(1000) (Medium Density Residential) District. The
hearing was conducted in the City Council Chambers, 3300 Newport Boulevard, Newport
Beach, California.
On May 28, 2010, the Zoning Administrator approved Modification Permit No. MD2010-
007 to allow a 10 -foot reduction of the 25 -foot rear yard setback. The modified approval
is based on the following findings, facts and conditions of approval.
FINDINGS
1. The Land Use Element of the General Plan designates the site RM (Multiple -Unit
Residential) with a maximum density of 43 dwelling units per acre. The proposed
construction of a 2 -unit building and the reconstruction of the existing residential unit
thereby providing a total of 3 dwelling units on a 7,003 sq. ft. lot is consistent with the
RM land use designation and the resulting density is below the maximum allowable
density. The property is zoned RMD(1000), which provides for medium density
residential development up to approximately 43 dwelling units per gross acre,
including single - family (attached and detached), two - family, and multi - family
residential uses. The development of the 7,003 sq. ft. lot with 3 -units is consistent
with the RMD(1000) district.
In conducting the historical research related to General Plan and Zoning Code
compliance, it was discovered that at the time of annexation of the lot in 2008, the
County of Orange zoned the property R -4 (Suburban Multifamily Residential). This
County zoning district required a minimum of 3,000 square feet of land area per
residential unit (Sec. 7- 9 -79). When the City established zoning for the annexation in
2004, the RMD (Medium Density Residential) zone was created and applied to the
C9-
er Modification (MD2010 -007)
May 28, 2010
Page 2
subject property and surrounding lots. The zoning for the area was not effective until
the area was annexed on January 1, 2008. The specific purpose of the RMD zoning
district is to provide for medium density residential development up to approximately
22 dwelling units per gross acre, including single - family (attached and detached),
two - family, and multi - family (Section 20.10.010). The RMD zone requires a minimum
of 3,000 square feet of land area per unit (Section 20.10.030) except that the
adopted districting map that applies the RMD zoning district to the lot has a density
symbol of 1,000." This symbol establishes a minimum of 1,000 square feet of land
area per residential unit and pursuant to Section 20.00.055, the density symbol on
adopted districting supersede the density limits contained within Sections 20.10.010
and 20.10.030.
2. The granting of the application is necessary due to the practical difficulties
associated with the property and that the strict application of the Zoning Code results
in physical hardships that are inconsistent with the purpose and intent of the Zoning
Code.
a. The depth and size of the lot (140 feet and 7,003 sq. ft. respectively) when
combined with the front and rear yard setbacks (20 and 25 feet respectively)
significantly limit available area for construction.
b. The site is designated for multi - family residential use and the strict application
of setback standards along with parking requirements and height limits
effectively restricts the ability of the property owner to develop multi - family
residential uses consistent with the General Plan.
c. The existence and cost of an existing 2 -unit structure built within the 25 -foot
rear yard setback without the benefit of building permits and the location of
the existing spa are not practical difficulties justifying relief from setback
standards. The property owner does not have the right to retain the illegal 2-
unit building and the spa can be relocated at limited expense even though it is
an "in- ground" spa.
3. The requested encroachment of 15 feet within the required 25 -foot rear yard setback
is not compatible with existing development in the neighborhood. Principal structures
in the general area, which are in the same zoning classification and subject to the
same rear yard setback requirement, adhere to the minimum setback standard. The
presence of accessory structures within the rear yard setback of other properties in
the vicinity is not compelling since accessory structures were allowed to encroach
based upon the County of Orange Zoning Code that was in effect up until the recent
annexation of the area. The only exception in the vicinity where principal structures
encroach within the 25 -foot rear yard setback is the Savanna Lane PUD located to
the south of the project site. This 5 -unit detached PUD provides a 15 -foot rear yard
setback to the northerly property line and the unit closest to the project site has a 5-
foot side yard setback. Three of the PUD units are roughly located 8 feet from the
westerly lot line and these side yards are used as rear yards by the occupants of the
units due to the orientation of the units within the PUD.
9
U„ar Modification (MD2010 -007)
May 28, 2010
Page 3
An encroachment of 10 feet within the required 25 -foot rear yard setback is
compatible with existing development in the neighborhood when taking into account
structure setbacks on lots within the general vicinity and the fact that the closest
abutting residential building, 20452 Savanna Lane, has two - stories, is located 5 feet
from the intervening property line, and is built on a grade that is approximately 3 feet
higher than the grade of the project site. Although this two -story, single -unit
residential building has only one frosted window in the elevation that faces the
project site, reducing the rear yard setback on the subject property by 15 feet would
not be compatible with the surrounding residential development.
4. Approval of the Modification Permit as requested with a 15 -foot encroachment could
adversely affect use and enjoyment indoor and outdoor living spaces of abutting
residences due to the reduction of light, air and privacy. The proposed reduced rear
yard setback would also only provide a 10 -foot outdoor living space for future
occupants of the proposed project. The overall height and proximity of 20452
Savanna Lane reduces sunlight to the rear yard area of the project site and a larger
setback than proposed (or no setback encroachment at all) is the only way to avoid
this condition that would be detrimental to future residents of the project site.
5. Approval of the Modification Permit with only a 10 -foot encroachment will not
adversely affect or be detrimental to the use and enjoyment of abutting properties
since there would be 20 feet between the proposed 2 -unit building and 20452
Savanna Lane. This separation should provide sufficient separation for light, air and
privacy of future residents of the project site and abutting properties.
6. Approval of the applicant's requested 60% reduction of setback area may be used
by other property owners as a precedent to support similar future requests.
7. Approval of this Modification Permit allowing a 10 -foot encroachment within the
required 25 -foot rear yard setback allows some relief from standards that may assist
in the elimination of an existing Zoning and Building Code violation without
significantly affecting the use and enjoyment of abutting properties.
8. The project is categorically exempt from the requirements of the California
Environmental Quality Act (CEQA) Guidelines pursuant to Section 15303 (New
Construction or Conversion of Small Structures). Construction of up to six dwelling
units in an urbanized area on a site that is not environmentally sensitive is exempt
and the project and project site meets these criteria.
CONDITIONS
1. The development shall be in substantial conformance with the approved plot
plan, floor plans and elevations, except as noted in the following conditions.
2. The development shall be revised to provide a minimum 15 -foot rear yard
setback. Projections from the proposed 2 unit building (roof overhangs, brackets,
cornices and eves) may encroach no more than 24 inches within this setback
1�(
�.,er Modification (MD2010 -007)
May 28, 2010
Page 4
area and they must be at least 8 feet from the finished grade below. Architectural
features (e. g. moldings and similar items) may encroach no more than 6 inches
within this setback area.
3. Anything not specifically approved by this Modification Permit is prohibited and
must be addressed in a separate and subsequent Modification Permit review.
4. This approval was based on the particular facts of this individual case and does
not, in and of itself or in combination with other approvals in the vicinity or
Citywide, constitute a precedent for future approvals or decisions.
5. Prior to issuance of building permits, the applicant shall submit to the Planning
Department an additional copy of the approved architectural plans for inclusion in
the Modification Permit file. The plans shall be identical to those approved by all
City departments for building permit issuance. The approved copy shall include
architectural sheets only and shall be reduced in size to 11 inches by 17 inches.
The plans shall accurately depict the elements approved by this Modification
Permit and shall highlight the approved elements such that they are readily
discernible from other elements of the plans.
6. A building permit shall be obtained prior to commencement of the alteration of
existing structures or the construction of new structures.
7. A copy of this approval letter shall be incorporated into the Building Department
and field sets of plans prior to issuance of the building permits.
8. If any of the existing public improvements surrounding the site are damaged by
private work associated with this project, the applicant or owner shall be
responsible for the repair (including any required permits, if any) of said public
improvements to the satisfaction of the Public Works inspector.
9. All work performed within the public right -of -way shall be reviewed and approved
by the County of Orange's Public Works Department. The City of Newport
Beach's Public Works Department shall review any application for widening the
driveway apron unless it defers such review to the County of Orange's Public
Works Department because the work to be performed is within the County's
public right -of -way.
10. This approval shall expire unless exercised within 24 months from the approval
date, as specified in Section 20.93.050 (A) of the Newport Beach Municipal
Code. Prior to the expiration date of this approval, an extension may be approved
in accordance with Section 20.93.050 (B) of the Newport Beach Municipal Code.
Requests for an extension must be in writing.
ler Modification (MD2010 -007)
May 28, 2010
Page 5
11. To the fullest extent permitted by law, applicant shall indemnify, defend and hold
harmless City, its City Council, its boards and commissions, officials, officers,
employees, and agents from and against any and all claims, demands,
obligations, damages, actions, causes of action, suits, losses, judgments, fines,
penalties, liabilities, costs and expenses (including without limitation, attorney's
fees, disbursements and court costs) of every kind and nature whatsoever which
may arise from or in any manner relate (directly or indirectly) to City's approval of
the Voyer Modification Permit including, but not limited to, the approval of
Modification Permit No. MD2010- 007(PA2010 -043); and /or the City's related
California Environmental Quality Act determinations. This indemnification shall
include, but not be limited to, damages awarded against the City, if any, costs of
suit, attorneys' fees, and other expenses incurred in connection with such claim,
action, causes of action, suit or proceeding whether incurred by applicant, City,
and /or the parties initiating or bringing such proceeding. The applicant shall
indemnify the City for all of City's costs, attorneys' fees, and damages which City
incurs in enforcing the indemnification provisions set forth in this condition. The
applicant shall pay to the City upon demand any amount owed to the City
pursuant to the indemnification requirements prescribed in this condition.
APPEAL PERIOD
The applicant or any interested party may appeal the decision of the Zoning Administrator,
to the Planning Commission by a written request to the Planning Director within 14 days
following the date of the action (June 10, 2010). A $3,070.00 filing fee shall accompany
any appeal filed. For additional information on filing an appeal, contact the Planning
Department at 949 644 -3200.
lay IIIllles W. Campbel , Zoning dministrator
Attachments: ZA 1.
Vicinity Maps
ZA 2.
Photos
ZA 3.
Project Plans
P: \PAs - 2010 \PA2010 - 043 \MD2010 -007 ZA action letter.docx
Attachment No. PC 5
Photographs provided by the applicant
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