HomeMy WebLinkAboutEnsign Residence (PA2003-006)CITY OF NEWPORT BEACH
PLANNING COMMISSION STAFF REPORT
Agenda Item No. 6
April 3, 2003
TO: PLANNING COMMISSION
FROM: Gregg B. Ramirez, Associate Planner
(949) 644 -3219, cramirez(ca city. newport- beach.ca.us
SUBJECT: Ensign Residence, 3415 Ocean Boulevard
Variance No. 2003 -001 and Modification Permit No. 2003 -004
Request for a Variance to allow portions of a new single - family residence to
exceed the 24 -foot height limit. The application also includes a request for a
modification permit to allow subterranean portions of 3 floors of the new
residence to encroach into the required 10 -foot front yard setback. The
applicant does not request to exceed the top of curb height of Ocean
Boulevard. (PA2003 -006)
APPLICANT NAME: G. Robert Ensign, applicant for Curt W. Ensign, property owner
ISSUE:
Should the Planning Commission approve a Variance to allow portions of a new single -
family residence to exceed the 24 -foot height limit and a Modification Permit to allow
subterranean portions of 3 floors of the new residence to encroach into the required 10-
foot front yard setback?
RECOMMENDATION:
Staff recommends the Planning Commission hold a public hearing and approve
Variance No. 2003 -001 and Modification Permit No. 2003 -004 (PA2003 -006) based on
the findings and conditions of approval included within this staff report and attached
Draft Planning Commission Resolution.
Ensign Residence
April 3, 2003
Page 2
Variance No. 2003 -001 and Modification Permit No. 2003 -004 (PA2003 -006)
Current
Development:
Single -Family Residence
To the north:
Sin le Family Residences
To the east:
Single Family Residences
To the south:
Single Family Residences
To the west:
Corona Del Mar State Beach
DISCUSSION:
Background:
The subject property was developed with a two level
attached garage in 1956. The dwelling is approximately
(Ocean Blvd.) side, 20 feet high on the bluff side
development regulations.
Site Overview:
Ensign Residence
April 3, 2003
Page 3
single - family residence and
10 feet in height at the front
and conforms to all current
The subject property is a coastal bluff that slopes away from Ocean Boulevard down to
the unimproved portion of Breakers Drive and Corona Del Mar State Beach. The upper
third of the site is developed with the existing residence. Access to the property is off
Ocean Boulevard via a narrow access road located within the Ocean Boulevard right -of-
way. An existing path /stairway winds down the coastal bluff to the beach. The remaining
portion of the bluff is heavily landscaped.
The Subject property is zoned R -1 and has the following development regulations:
Lot Size: 7,800 square feet (65 x 120)
Required Setbacks:
Front: 10 feet
Sides: 4 feet
Rear: 10 feet
Buildable Area: 5,700 square feet (57 x 100)
Maximum Floor Area: 8,550 square feet (5,700 x 1.5)
Height Limit: 24' flat roof /mid -point (29' ridge) and no portion of structure
may exceed height of curb at Ocean Boulevard
Project Overview:
The proposed project involves the demolition of the existing single - family dwelling and
the construction of a new four - level, single family dwelling with an attached two -car
garage and roof deck. The proposed project has the following characteristics:
Proposed Square Footage Tabulation:
Upper Level: 1,260 square feet
Mid - Level: 877 square feet
Lower Level: 1,887 square feet
Basement Level: 1,603 square feet
Garage (at Mid - Level): 473 square feet
Total: 6,100 square feet
Roof deck: 483 square feet
Maximum floor area to buildable area ratio: 1.5
Proposed floor area to buildable area ratio: 1.07
Proposed height above existing grade (front): 24 feet
Proposed height above existing grade (bluff side): 34 feet
Proposed height above finished grade (bluff side): 40 feet
Analysis:
Public Views
Ensign Residence
April 3, 2003
Page 4
The Land Use Element of the General Plan and the Local Coastal Program advocate
the preservation of public views. In this particular case, public view preservation along
Ocean Boulevard is specifically addressed within the Zoning Code. The Code limits the
height of structures on the seaward side of Ocean Boulevard to the height of the top of
the adjacent Ocean Boulevard curb. In this case, the adjacent top -of -curb height ranges
from 91.91 mean sea level to (MSL) to 93.01 MSL. The height of the proposed structure
complies with this height limitation.
Except for an on grade deck at the "Lower Level ", the new construction will generally be
located within the same footprint of the existing development. As noted on the site plan,
the proposed structure adheres to both a building and deck "stringline ". The "stringline"
is an imaginary line drawn between the two adjacent residences used as an analytical
tool for comparison and analysis of the encroachment of structures on the coastal bluff.
As a result of using the "stringline ", the proposed residence is setback approximately
75 -feet from the rear property line, well away from the 10 -foot minimum requirement.
Additionally, since the proposed residence does not project beyond the "stringline" of
the adjacent residences, public views from Inspiration Point will not be affected.
Coastal Bluff Preservation
Land Use Element Policy D and Local Coastal Program policies state that it is the City's
policy to ensure that development shall be properly sited to minimize the alteration of
natural landforms along bluffs and cliffs. The majority of the proposed structure is
located within the existing disturbed area. However, an exterior on grade deck at the
"Lower Level" will be constructed approximately 4 -feet beyond the existing footprint. The
proposed finished floor elevation of the lower level on grade deck on the bluff side is
52.65 MSL, approximately 6 -feet lower than the existing deck. However, as noted in the
Ensign Residence
April 3, 2003
Page 5
"Public View" discussion, the proposed residence (including the deck on grade) will
maintain an approximate 75 -foot rear yard setback leaving approximately two- thirds of
the coastal bluff unaltered by this project.
Due to the location of the proposed structure and minimal bluff alteration beyond the
footprint of the existing development, staff believes that the project can be found
consistent with the policies that require coastal bluff alteration be kept to a minimum.
Height Limit Variance
The applicant requests approval of a variance to exceed the required 24 -foot height limit
for portions of the proposed structure. The Zoning Code defines the height of a structure
as the vertical distance between the highest point of a structure and the grade directly
below. As mentioned in the project description, the proposed structure is approximately
34 -feet above the existing grade at the highest point on the bluff side. The overall height
from the proposed finished grade will be approximately 40 -feet on the bluff side.
In addition to the standard above grade height regulation, the Zoning Code limits the
height of structures on the seaward side of Ocean Boulevard to the adjacent top of curb
height. In this particular case, the top of curb height ranges from 91.91 Mean Sea Level
(MSL) to 93.01 MSL which, coincidentally, is approximately 24 -feet above existing
grade at the front to the subject property. The proposed project has been designed to
have a maximum height of 92.53 MSL to comply with the top of curb height regulation.
Section 20.91.035(8) of the Newport Beach Municipal Code provides that in order to grant
any variance, the Planning Commission must find that the applicant has established the
following grounds for a variance:
That because of special circumstances applicable to the property, including
size, shape, topography, location or surroundings, the strict application of
this code deprives such property of privileges enjoyed by other property in
the vicinity and under identical zoning classification.
The subject property is encumbered by sloping topography that creates a
relatively narrow buildable depth of approximately 30 feet and restricts the
ability to adhere to the natural grade height limitation specified in the Zoning
Code while avoiding alteration of the bluff. The proposed project does
however, comply with the Ocean Boulevard top of curb height limitation.
2. That the granting of the application is necessary for the preservation and
enjoyment of substantial property rights of the applicant.
The majority of the subject property is unimproved coastal bluff. Granting
the variance will allow the property owner to construct a dwelling of similar
Ensign Residence
April 3, 2003
Page 6
floor area when compared to the size of homes on similar sized parcels
while limiting extensive alteration to the coastal bluff beyond the footprint
of the existing development. However, if strict application of the height
limit were implemented, the roof deck and portions of the kitchen, dining
room, and vaulted ceiling over the living room would be eliminated
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 code provides the flexibility in application of land use and
development regulations by way of permitting variance applications. The
variance procedure is intended to resolve practical physical hardships
resulting from the unique topography and lot configurations that exist in
the area and on this lot. Additionally, the proposed floor area is well below
the maximum permitted by the Zoning Code, and therefore, staff believes
this finding can be made.
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 subject property is designated for single 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. Additionally, granting the variance request for
height will not adversely impact public views as the proposed structure
adheres to the Ocean Boulevard top -of -curb height limitation and is within
the "stringline" of the adjacent properties. Therefore, staff believes the
proposed project will not be detrimental to the surrounding neighborhood
and will result in a structure that is similar to surrounding dwellings located
along the coastal bluff with respect to size, bulk and design.
Based on the above findings, staff believes that the mandatory findings can be made in
this case due to the sloping topography, the preservation of public views and the
preservation of a significant portion of the natural coastal bluff.
Ensign Residence
April 3, 2003
Page 7
Modification of Front Yard Setback
In conjunction with the variance request, the applicant requests approval of a
Modification Permit to allow portion of the proposed structure to encroach into the
required 10 -foot front yard setback. The proposed setbacks are:
Upper Level:
10 feet
Mid Level:
0 feet
Lower Level:
0 feet
Basement Level:
0 feet
Section 20.93.040 of the Newport Beach Municipal Code requires that in order to grant
relief through a modification permit, the Planning Commission must find that 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. "
The basic intent of front yard setbacks is to provide adequate separation between
structures on private property and the public right -of -way and to provide a consistent look
from the street. In this particular case, the front property line is located approximately 57
feet from the existing Ocean Boulevard sidewalk. The right -of -way between the sidewalk
and property in question consists of a steep slope and access road for the properties
located along the bluff. The proposed encroachments are below existing and proposed
finished grade and taking in to account the 57 -foot linear separation of the structure from
the Ocean Boulevard sidewalk, staff believes the proposed encroachments are
reasonable requests. Additionally, these encroachments will allow additional construction
on the site without substantial alteration to the coastal bluff on the seaward side of the
subject property.
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) since the
proposed structure will replace an existing structure in approximately the same footprint.
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
Ensign Residence
April 3, 2003
Page 8
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 either direct the applicant to reduce
the height or front yard encroachments to an acceptable level and continue the item, if
desired, or deny the application. Findings for denial have been prepared and are
included as Attachment No. 2.
Conclusion:
Staff believes the findings for approval of the Variance and Modification Permit requests
can be made and that the design of the structure is reasonable given the topography
and location of the subject property. The project, as designed, will allow the property
owner to construct a dwelling that meets their needs while limiting encroachment down
and alteration of the coastal bluff. Additionally, the proposed structure adheres to the
Ocean Boulevard top -of -curb height limit.
As of the writing of this staff report, staff has received no comments regarding this
application.
Prepared by:
Gregg BAUmirez, Associate anner
Attachments:
Submitted by:
Patricia L. Tempe, Planning Director
A. Resolution No _; findings and conditions of approval
B. Findings for Denial
C. Applicant Letter of Justification
D. Project Plans (Includes Topographic Survey)
ATTACHMENT A
RESOLUTION NO. 2003 - , FINDINGS AND
CONDITIONS OF APPROVAL
I
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10
RESOLUTION NO.
A RESOLUTION OF THE PLANNING COMMISSION OF THE
CITY OF NEWPORT BEACH APPROVING VARIANCE NO.
2003 -001 AND MODIFICATION PERMIT NO. 2003 -004
(PA2003 -006) FOR PROPERTY LOCATED AT 3415 OCEAN
BOULEVARD
THE PLANNING COMMISSION OF THE CITY OF NEWPORT BEACH HEREBY FINDS,
RESOLVES AND ORDERS AS FOLLOWS:
Section 1. An application was filed by Curt W. Ensign with respect to property located
at 3415 Ocean Boulevard, and legally described as Lot 6, Tract 1257, requesting approval of a
Variance and Modification Permit to construct a 6,100 square foot residence that exceeds the
24 -foot height limit and, encroaches up to 10 feet into the required 10 foot front yard setback.
Both the Land Use Element of the General Plan and the Zoning Code designates the site as
Single Family Detached residential.
Section 2. A public hearing was held on April 3, 2003 in the City Hall Council
Chambers, 3300 Newport Boulevard, Newport Beach, California. A notice of the time, place
and purpose of the aforesaid meeting was given. Evidence, both written and oral, was
presented to and considered by the Planning Commission at this meeting.
Section 3. The Planning Commission finds as follows:
a) 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 subject property is encumbered by sloping topography that creates a relatively
narrow buildable depth of approximately 30 feet and restricts the ability to adhere to
the natural grade height limitation specified in the Zoning Code without additional bluff
alteration. The proposed project complies with the Ocean Boulevard top of curb height
limitation.
b) That the granting of the application is necessary for the preservation and
enjoyment of substantial property rights of the applicant.
The majority of the subject property is unimproved coastal bluff that General Plan
Policy D encourages preservation. Granting the variance will allow the property owner
to construct a dwelling of similar floor area when compared to the size of homes on
similar sized parcels while limiting extensive alteration to the coastal bluff beyond the
footprint of the existing development.
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.
City of Newport Beach
Planning Commission Resolution No. _
Page 2 of 5
The code provides the flexibility in application of land use and development regulations
by way of permitting variance applications, and the variance procedure is intended to
resolve practical physical hardships resulting from the unique topography and lot
configurations that exist in the area and on this lot. Additionally, the proposed floor
area is well below the maximum permitted by the Zoning Code.
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 subject property is designated for single 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. Additionally,
granting the variance request for height will not adversely impact public views as the
proposed structure adheres to the Ocean Boulevard top -of -curb height limitation and is
within the "stringline" of the adjacent properties. Therefore, the proposed project will
not be detrimental to the surrounding neighborhood and will result in a structure that is
similar to surrounding dwellings located along the coastal bluff with respect to size,
bulk and design.
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:
1) Due to the wide Ocean Boulevard right -of -way, the proposed below grade
encroachments will be approximately 57 feet from the existing sidewalk. The
above grade portion of the structure maintains the required 10 -foot setback
and is located approximately 67 feet from the Ocean Boulevard sidewalk. This
increased distance sufficiently separates the building mass from the sidewalk
especially due to the fact that the height of the proposed residence does not
exceed the adjacent top of curb height.
2) The code provides flexibility in the application of land use and development
regulations by way of permitting modification and variance applications. This
procedure is intended to resolve practical and unnecessary physical
hardships resulting from the unique topography and lot configurations that
exist in the area and on this lot.
10-
City of Newport Beach
Planning Commission Resolution No. _
Page 3 of 5
f) The 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).
Section 4. Based on the aforementioned findings, the Planning Commission approves
Variance No. 2003 -001 and Modification Permit No. 2003 -004, subject to the conditions set forth
in Exhibit "A ", the plans dated March 11, 2003.
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 3rd DAY OF APRIL 2003.
BY:
Steven Kiser, Chairman
go
Shant Agajanian, Secretary
AYES:
NOES:
ABSENT:
13
City of Newport Beach
Planning Commission Resolution No. _
Page 4 of 5
EXHIBIT "A"
CONDITIONS OF APPROVAL
VARIANCE NO. 2003-001 &
MODIFICATION PERMIT NO. 2003-004
The development shall be in substantial conformance with the approved plot plan, floor
plans and elevations dated March 11, 2003 with the exception of any revisions required
by the following conditions.
2: Variance No. 2003 -001 and Modification Permit No. 2002 -004 shall expire unless
exercised within 24 months from the date of approval as specified in Section 20.91.050
of the Newport Beach Municipal Code, unless an extension is otherwise granted.
The applicant is required to obtain all applicable permits from the City Building and Fire
Departments. The project shall comply with all applicable Fire and Building Code
regulations.
4. All improvements shall be constructed as required by Ordinance and the Public Works
Department.
5. Prior to the issuance of grading or building permits, the final design of the driveway shall
be reviewed and approved by the City Traffic Engineer.
6. Exiting from each level of the residence shall comply with applicable standards of the Fire
and Building Code.
7. Prior to the issuance of demolition, grading or 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.
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. Chimney heights shall comply with the regulations specified by section 20.65.070 of the
Zoning Code
10. Prior to the issuance of grading or building permits, a drainage plan shall be prepared.
Site drainage shall be directed to the existing drain line or directed to Ocean Boulevard
unless otherwise approved by the Building, Public Works and Planning Departments.
Jil
City of Newport Beach
Planning Commission Resolution No.
Page 5 of 5
11. The project shall conform to the requirements of the National Pollution Discharge
Elimination System (NPDES) and shall be subject to the approval of the Public Works
Department.
12. The height of the structure shall not exceed the adjacent Ocean Boulevard top of curb
height as shown on the approved set of plans.
)5
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E
ATTACHMENT
FINDINGS FOR DENIAL
11
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IS
Findings for Denial
Variance No. 2003 -001 and Modification Permit No. 2003 -004
(PA2003 -006)
The granting of a variance to allow portions of the proposed residence to exceed
the 24/28 -foot height limit is not warranted by special circumstances or for the
preservation and enjoyment of substantial property rights of the applicant, would
be considered a grant of special privilege, and would be detrimental to
surrounding properties because:
a) The applicant has not demonstrated that a single - family residence cannot be
designed to fully comply with applicable height limits. The applicant can design
a smaller residence and comply with applicable height limits.
2. The alteration of the coastal bluff associated with the project does not constitute
minimal alteration of the natural coastal bluff landform as it increases and extends the
building slab footprint envelope beyond the existing altered area with the proposed
lower level on -grade deck. This increased alteration of the coastal bluff is inconsistent
with Land Use Element Development Policy D and applicable Local Coastal Program
policies that mandate proper siting of structures on coastal bluffs to minimize alteration
of natural landforms.
3. The granting of the reduction in the required front yard setback will be detrimental
to the health, safety, peace, comfort and general welfare of persons residing or
working in the neighborhood for the following reasons:
a) The reduced setback of the residence locates structures and uses closer to the
sidewalk. Potential future use of the expanded Ocean Boulevard right- of-way
would be negatively affected due to the reduced setback.
b) The reduced setback places the foundation of the proposed residence in a
position where it will provide lateral support for the public right -of -way due to
the extensive excavation proposed. This is a potential liability for the city.
c) The reduction of the front yard setback will be viewed by property owners and
developers as establishing a precedent to support similar relief without similar
site constraints.
i,
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ATTACHMENT C
APPLICANT'S LETTER OF JUSTIFICATION
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AA
3,415 OCI;ANBOUI,1♦VARD
Supplement to Sheet 8 of Application
L What exceptional circumstances apply to the property?
The property is located on a bluff. The lot is 65 feet wide and 120 feet deep.
There is more than 60 vertical feet of fall from the front of the lot to the back
of the lot. The steep slope makes it virtually impossible to comply with the
height limit on the ocean side of the home.
Z Why is this variance necessary?
Homes built along this street are subject to a very strict "string line "setback
pursuant to the Coastal Act to preserve views for adjacent residences and
the public. Compliance with that "string line " limits the width on one side
of the house to slightly more than 20 feet. Homes on that bluff have
historically been approved and constructed to be three stories above grade
in order to provide reasonable living area and comply with the "string line"
setback.
I why will the proposal not be detrimental to the neighborhood?
The height of the proposed home when viewed from the front is less than the
24 foot height limit requirement. Only the rear of the home exceeds the
height limit due to the downward slope of the property. The variance on
height will be in keeping with the other homes along the bluff on Ocean
Boulevard. They have been allowed to use the top of curb elevation of
Ocean Bouveevard as the criteria for the building height limit, for which
this application complies.
A
�3
3415 Ocean Blvd.
The project consists of the demolition of the existing residence and the construction of a new
residence located at 3415 Ocean Boulevard. The proposed new residence, which shares a bluff
along Ocean Boulevard with twelve other homes, has been designed to respect the same "string
line" and height limits that have governed the adjacent homes. The contemporary design of the
proposed home provides an arched roofline that keeps the majority of the ridgeline well below the
"top of curb" limit and preserves some view of the beach from the street above. The home is
essentially a three -story home with a basement. There is a split down the middle causing the
floors on the west side of the home to be several feet higher than the floors on the east side of the
home. This split was necessary to enable the living room, dining room and kitchen /nook to all be
connected and still provide a 2-car garage on the street level. The front door and entryway is
raised with access occurring across a bermed landscape area. When viewed from the street, the
home takes on the character of a single story on the east side with the kitchen located above the
garage on the west side of the home. The bedrooms occupy the lower floors. The limits of the
"string line" allow very little depth to the home. The proposed design utilizes a portion of the front
yard setback below street grade in order to allow for proper floor plan design. This livable area
that is within the front yard setback is below the existing street grade, within the legal lot and
invisible to the neighborhood. It is our hope that the City will allow this variance in light that it has
no impact to the neighborhood and greatly improves the livable area of the home.
a�
ATTACHMENT D
PROJECT PLANS
A5
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