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HomeMy WebLinkAboutPermit PL10-049 - STERNIK RESIDENCE - SPECIAL PERMISSION DIRECTOR FOR SINGLE FAMILY RESIDENCESTERNIK RESIDENCE 16211 5ISTAVES PLI 0-049 L10-042 SPECIAL PERMISSION DIRECTOR July 8, 2010 • City of Tukwila • Jim Haggerton, Mayor Department of Community Development Jack Pace, Director NOTICE OF DECISION TO: Mr. Zeke Sternik 16211 51' Ave S Tukwila, WA 98118 This letter serves as a notice of decision and is issued pursuant to TMC 18.104.170. This notice is approved subject to the decision criteria and conclusions that follow. I. PROJECT INFORMATION Project File Number: L10-042 Associated File Numbers: D10-063 (Building Permit) Applicant: Zeke Sternik Type of Permit Applied for: Special Permission Director, Single Family Design Standard Exception, Front Door Facing the Side or Rear Yard Project Description: Request for Special Permission to allow the front door of a single-family house to face the side yard. Location: 16211 51 st Ave S Comprehensive Plan Designation/ Zoning District: Low Density Residential (LDR) District Vicinity/Site Information: The applicant submitted a building permit in March 2010 to construct a 40 square foot front entryway addition to the existing single family home located at 16211 51st Ave S. The property only has frontage along 51st Ave S, and the lot width is approximately 70 feet. The design of the new entryway feature will have landing in front of the front door that can be accessed from both the front of the house and from the garage area. The front door for the new entryway addition is proposedto face the side yard rather than the front yard along S 51st Ave S. Decisional Criteria: According to Tukwila Municipal Code (TMC) 18.50.050 (5) Single Family Dwelling Design Standards require all new single-family dwellings to have the front door facing the front or second front yard if the lot is at least 40 feet wide. Upon approval as a Type 2 decision, according to TMC 18.50.55, the front door of a new single-family dwelling may face the side or rear yard when: JR Page 1 of 3 07/02/2010 • H:\Special Permission\Stemik Residence\L10-042 Stemik SF Design Standard Exception.doc 6300 Southcenter Boulevard, Suite #100 • Tukwila, Washington 98188 • Phone 206-431-3670 • Fax: 206-431-3665 • • a. The topography of the lot is such that pedestrian access is safer or more convenient from the side or rear yard; b. The house will be set back at least twice the minimum front yard setback; c. The entrance is oriented to take advantage of a site condition such as a significant view; or d. The entry feature is integral to a unique architectural design. If the front door of the existing house were to face the street, it would be located on the east elevation. The new entryway design has the door located on the north elevation, facing the side yard and the driveway leading up to the garage. The intent of having the door on the north elevation is for more convenient pedestrian access from the garage to the house. The entry feature has been designed so that the landing for the front door can be accessed from both the front yard and from the garage area. The front door will be visible from the front yard, as well as from 51' Ave S. The new entry feature is a small modulation off the front building facade, incorporating a pitched roof, windows, and skylights to make it integral to the architectural design of the home. Conclusions: 1. The proposed location of the front door is convenient for pedestrian access from the garage and driveway areas. 2. The landing for the front door is designed so that is can be accessed from both the east (for visitors who arrive from the front yard area) and west (for residents and visitors entering the home from the garage/driveway area) sides of the front door. The landing, as well as the front door itself, can be seen from 51' Ave S so that visitors may identify where the entrance to the house is located. 3. The new entryway feature incorporates windows, skylights, and a pitched roof that are consistent with and integral to the architectural design of the building. II. DECISION SEPA Determination: The City SEPA Responsible Official has previously determined that this application does not require a SEPA threshold determination because it is categorically exempt. Decision on Substantive Permit: The Community Development Director has determined that the application for a Single Family Design Standard Exception does comply with applicable City and state code requirements and has approved this application. III. YOUR APPEAL RIGHTS The Decision on this Permit Application is a Type 2 decision pursuant to Tukwila Municipal Code §18.104.010. Other land use applications related to this project may still be pending. No administrative appeal of a DNS or an EIS is permitted. One administrative appeal to the Hearing Examiner of the Decision on the Permit itself is permitted. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Hearing Examiner decision. A party who is not satisfied with the outcome of the administrative appeal process may file an appeal in King County Superior Court from the Hearing Examiner decision. W. PROCEDURES AND TIME FOR APPEALING In order to appeal the Community- Development Director's decision on the P-ermit Application, a written notice of appeal must be filed with the Department of Community Development within 14 days of the issuance of this Decision, which is by July 22, 2010. JR Page 2 of 3 H:\Special Perrnission\Stemik Residence\L10-042 Stemik SF Design Standard Exception.doc 07/02/2010 The requirements for such appeals are set forth in Tukwila Municipal Code 18.116. All appeal materials shall be submitted to the Department of Community Development. Appeal materials MUST include: 1. The name of the appealing party. 2. The address and phone number of the appealing party; and if the appealing party is a corporation, association or other group, the address and phone number of a contact person authorized to receive notices on the appealing party's behalf. 3. A statement identifying the decision being appealed and the alleged errors in the decision, including any specific challenge to an MDNS. 4. The Notice of Appeal shall identify (a) the specific errors of fact or errors in application of the law in the decision being appealed; (b) the harm suffered or anticipated by the appellant, and (c) the relief sought. The scope of an appeal shall be limited to matters or issues raised in the Notice of Appeal. 5. Appeal fee of $515. V. APPEAL HEARINGS PROCESS Any administrative appeal regarding the Permit shall be conducted as an open record hearing before the Hearing Examiner based on the testimony and documentary evidence presented at the open record hearing. The Hearing Examiner decision on the appeal is the City's fmal decision. Any party wishing to challenge the Hearing Examiner decision on this application must file an appeal pursuant to the procedures and time limitations set forth in RCW 36.70C. An appeal challenging a DNS, an MDNS or an EIS may be included in such an appeal. If no appeal of the Hearing Examiner decision is properly filed in Superior Court within such time limit, the Decision on this permit will be fmal. VI. INSPECTION OF INFORMATION ON THE APPLICATION Project materials including the application, any staff reports, and other studies related to the permits are available for inspection at the Tukwila Department of Community Development, 6300 Southcenter Blvd., Suite 100, Tukwila, Washington 98188 from Monday through Friday between 8:30 a.m. and 4:30 p.m. The project planner is Jaimie Reavis, who may be contacted at 206-431-3659 for further information. Property owners affected by this decision may request a change in valuation for their property tax purposes. Contact the King County Assessor's Office for further information regarding property tax valuation changes. Department of Community Development City of Tukwila JR Page 3 of 3 H:\Special Permission\Stemik Residence\L10-042 Sternik SF Design Standard Exception.doc 07/02/2010 r � City of Tukwila Department of Community Development 6300 Southcenter Boulevard, Suite #100 Tukwila, Washington 98188 Phone: 206-431-3670 Fax: 206-431-3665 Web site: http://www.ci.tukwila.wa.us Parcel No.: 5379800330 Address: 16211 51 AV S TUKW Suite No: Applicant: STERNIK, ZEKE RECEIPT Permit Number: L10-042 Status: PENDING Applied Date: 06/29/2010 Issue Date: Receipt No.: R10-01206 Initials: JEM User ID: 1165 Payment Amount: $260.00 Payment Date: 06/30/2010 01:16 PM Balance: $0.00 Payee: ZBIGNIEW j STERNIK TRANSACTION LIST: Type Method Descriptio Amount Payment Check 5002 260.00 Authorization No. ACCOUNT ITEM LIST: Description Account Code Current Pmts ZONING/SUBDIVISION 000.345.810 260.00 Total: $260.00 PAYMENT RFCEIVED doc: Receiot-06 Printed: 06-30-2010 • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplanaci.tukwila.wa.us AFFIDAVIT OF OWNERSHIP AND HOLD HARMLESS PERMISSION TO ENTER PROPERTY STATE OF WASHINGTON COUNTY OF KING The undersigned being duly sworn and upon oath states as follows: kl 1. ss I am the current owner of the property which is the subject of this application. 2. All statements contained in the applications have been prepared by me or my agents and are true and correct to the best of my knowledge. 3. The application is being submitted with my knowledge and consent. 4. Owner grants the City, its employees, agents, engineers, contractors or other representatives t e right to enter upon Owner's real property, located at /e211—,57,Ff- VES T/��l L"- J 1 wil t.? for the purpose of application review, for the limited time necessary to complete that purpose. 5. Owner agrees to hold the City harmless for any loss or damage to persons or property occurring on the private property during the City's entry upon the property, unless the loss or damage is the result of the sole negligence of the City. 6. Non -responsiveness to a City information request for ninety (90) or more days, shall be cause to cancel the applications) without refund of fees. EXECUTED at lI PK.tV 4A (city), (A)-4 (state), on ��l'1 e SOL Print Name 29ke - t ? kn (k Address /‘:2//-1S/S/iii re S. 7iLkrf, 14/14 `ijf Phone Number —20 —j4/ 35t/ On this day personally appeared before me Signature At- ZeKS-tern;K d me known to be the individual who executed the foregoing instrument and acknowledged that he/she signed the same as his/her voluntary act and deed for the uses and purposes mentioned therein. SUBSCRIBED AND SWORN TO BEFORE ME ON THIS a9 DAY OF S\\\\\\\\\\11111111 14,1 15 Tl, tA AO O k. 'Muc 4/ttOh1��8M NGS?` z e 2012 0 CA - 2"-‘2-- a t l 'e ,/le P:Wlanning Forms Wpplications\SPDirector-6-06.doc Y PUBLIC in and for the State of Washington residing at._. _C.) /G My Commission expires on os December 4, 2006 CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@ci.tukwila.wa.us • SPECIAL PERMISSION DIRECTOR APPLICATION FOR STAFF USE ONLY Permits Plus Type: P -SP Planner: File Number: Application Complete (Date: ) Project File Number: Application Incomplete (Date: ) Other File Numbers: NAME OF PROJECT/DEVELOPMENT: 2ilef _.S�EYJrt !K LOCATION OF PROJECT/DEVELOPMENT: Give street address or, if vacant, indicate lot(s), block and subdivision, access street, and nearest intersection. 5CS2-w- LIST ALL TAX LOT NUMBERS (this information may be found on your tax statement). DEVELOPMENT COORDINATOR : The individual who: • has decision making authority on behalf of the owner/applicant in meetings with City staff, • has full responsibility for identifying and satisfying all relevant and sometimes overlapping development standards, and • is the primary contact with the City to whom all notices and reports will be sent. Name: 2&4'.% ni b Address: C 42/ 5/D4 4 S Phone: 2D6 — �`Z � 0 E-mail: Signature: Date: FAX: P:\Planning Ferns \Applications\SPD'vector-6-06.doc December 4, 2006 • CITY OF TUKWILA Department of Community Development 6300 Southcenter Boulevard, Tukwila, WA 98188 Telephone: (206) 431-3670 FAX (206) 431-3665 E-mail: tukplan@ci.tukwila.wa.us • SPECIAL PERMISSION DIRECTOR INFORMATION The Tukwila Zoning Code and Sign Code have established "Special Permission" decisions, which are more complex than straightforward applications of code standards, but do not require a public hearing REQUIREMENTS: Special permission approval by the Director is required in the following situations. Parking Deviations (Zoning Code, TMC 18.56) • Covenant Parking: When required parking is provided off-site. • Complementary Parking: When up to 10% of a development's useable floor area is determined to be linked to remaining areas such that it need not provide the normally required parking. • Administrative Variance: Reduction in the minimum number of required parking spaces of up to 10%. Landscape Deviations (Zoning Code, TMC 18.52.020 • Landscape perimeter averaging • Developing pedestrian and transit facilities within the required front yard landscape area in MDR and HDR zones. • Substitution of pedestrian oriented space for landscaping in RCC and TUC zones. Sensitive Area Ordinance Deviations (TMC 18.45.040) Request for setback waiver or buffer reduction. Sign Deviations (Sign Code, Title 19) • Signs for conditional uses or public facilities located in or adjacent to residential zones. • Freestanding signs in commercial zones that are located within 100 feet of a residential zone. • Request for increase in wall sign area due to doubling of required building setback. • Any multi -tenant office building wall sign which has over 50% of the total allowed sign area for that building face. • Any shopping mall business wall sign which has over 50% of the total allowed sign area for that building face. • Any shopping mall business freestanding sign which has over 50% of the total allowed sign area for the site. Cargo Containers as accessory structures (TMC 18.50.060 and 18.70.130) Request to install a container in the LDR, MDR, HDR, RC, RCM, TUC or C/LI Zones. Single -Family Design Standard Exceptions Request for a roof pitch flatter than 5:12 or a front door that faces the side or rear yard. PROCEDURES: At the time you submit your application you must have all of the items listed on the attached "Complete Application Checklist." You may request a waiver from items on the checklist that are not applicable to your project. Please discuss this waiver request with City staff either at a pre -application meeting or at the time of application submittal. Within 28 days of receiving your application, City staff will determine if it is complete based on the attached checklist. If not complete City staff will mail you a letter outlining what additional information is needed. If you do not submit requested materials within 90 days from the City's request for additional information the City may cancel your application. Once the application is complete it will be reviewed by the Director who will issue a decision to approve, modify or deny the application based on the review criteria. P:\Forms\2009 Applications\Special Permission Director-JAN09.doc January 9, 2009 COMPLE1 E APPLICATION ChECKLIST The materials listed below must be submitted with your application unless specifically waived in writing by the Public Works Department and the Department of Community Development. Please contact each Department if you feel that certain items are not applicable to your project and should be waived. Application review will not begin until it is determined to be complete. ADDITIONAL MATERIALS MAY BE REQUIRED. The initial application materials allow project review to begin and vest the applicant's rights. However, the City may require additional information as needed to establish consistency with development standards. City staff are available to answer questions about application materials at 206-431-3670 (Department of Community Development) and 206-433-0179 (Department of Public Works). Check items submitted with application Information Required. May be waived in unusual cases, upon approval of both Public Works and Planning APPLICATION MATERIALS: 1. Application Checklist one (1) copy, indicating items submitted with application. 2. Permit Fee: See Land Use Fee Schedule 3. Written description of the project, the deviation being requested and response to the applicable decision criteria. ZONING CODE PARKING DEVIATION 4. A complete description of the proposed construction relative to parking areas, and all supporting agreements. 5. Dimensional site plan(s) to demonstrate parking area consistent with Zoning Code requirements. 6. Parking studies as needed to demonstrate adequate parking is provided. LANDSCAPE DEVIATION 7. Landscape plan — two (2) copies showing size and species of existing and proposed plant materials, required perimeter landscape types, parking areas, buildings, walkways, transit facilities, property lines, dimensions and area of planting beds and any calculations necessary to demonstrate compliance with review criteria. SENSITIVE AREA ORDINANCE DEVIATIONS 8. Site Plan — two (2) copies showing all buildings, parking areas, walkways, property lines, planting areas, sensitive areas, their buffers and setbacks. 9. Sensitive area studies and enhancement plans to justify a requested buffer or setback reduction and demonstrate that the reduction will not result in a direct or indirect short-term or long-term adverse impact to the sensitive area per TMC 18.45.090 D. SIGN CODE APPROVAL/DEVIATION Complete "Permanent Sign Permit Application" with all supporting materials and fees. See Land Use Fee Schedule 11. The following information should be given on the plans: North arrow, title, scale and date; P:\Forms\2009 Applications\Special Permission Director-JAN09.doc Check items submitted with application Information Required. , May be waiveZlin unusual cases, upon approval of both Pualic Works and Planning Vicinity map showing location and names of adjacent roads; Property lines; Locations of all buildings on site; Dimensioned elevations of building drawn to scale (for wall signs); Elevations, dimensions and materials of proposed sign(s) including advertising copy; Color elevation of proposed sign. CARGO CONTAINER APPROVAL 12. Site plan showing the location of the container(s) in relationship to parking areas, property lines, buildings, streets, trails, landscape areas and setbacks. 13. Description of the proposed screening. 14. Dimensions of proposed cargo container. SINGLE-FAMILY DESIGN STANDARD EXCEPTIONS 15. Dimensioned and scalable building elevations with keyed colors and materials. 16. The site plan must include a graphic scale, north arrow, proposed house footprint, any existing structures, lot lines, setbacks, adjacent streets, driveways, parking areas, any sensitive areas and any fences, rockeries or retaining walls. P:\Planning Forms Applications \SPDirector-6-06.doc December 4, 2006 REVIEW CRITERIA Please consult the Zoning Code or Sign Code as to the appropriate criteria for your specific proposals. In addition all approvals must be consistent with the Tukwila Comprehensive Plan (TMC 18.100.030). Planning Division staff are available to discuss the decision criteria you must respond to and necessary supporting materials. PARKING DEVIATION ❑ Covenant Parking: where required parking is provided off-site (TMC 18.56.070(B)); ❑ Complementary Parking: where up to 10% of a development's useable floor area is determined to be linked to remaining area, such that it need not provide the normally required parking (TMC 18.56.070(D)); ❑ Reduction of the minimum required parking of up to 10%, through an administrative variance (TMC 18.56.140). A parking reduction may be allowed after: a. All shared parking strategies are explored. b. On-site park and ride opportunities are fully explored. c. The site is in compliance with the City's commute trip reduction ordinance or, if not an affected employer as defined by the City's ordinance, agrees to become affected. d. The site is at least 300 feet away from a single-family residential zone. e. A report is submitted providing a basis for less parking and mitigation necessary to offset any negative effects. In addition to the above requirements, the Director may require specific measures not listed to ensure that all impacts with reduced parking are mitigated. Any spillover parking that cannot be mitigated to the satisfaction of the Director will serve as the basis for denial. LANDSCAPE DEVIATIONS O The landscape perimeter may be averaged if the total required square footage is achieved, unless the landscaping requirement has been increased due to proximity to LDR, MDR or HDR. Landscape perimeter averaging may be allowed as a Type 2 special permission decision if all of the following criteria are met: 1. Plant material can be clustered to more effectively screen parking areas and blank building walls. 2. Perimeter averaging enables significant trees or existing built features to be retained. P:\Planning Forms Applications \SPDirector-6-06.doc December 4, 2006 • • 3. Perimeter averaging is used to reduce the number of driveways and curb cuts and allow joint use of parking facilities between neighboring businesses. 4. Width of the perimeter landscaping is not reduced to the point that activities on the site become a nuisance to neighbors. 5. Averaging does not diminish the quality of the site landscape as a whole. O In the MDR and HDR zones up to 20% of the minimum required front yard landscaped area may be developed for pedestrian and transit facilities. O In the RCC and TUC zones required landscaping may include a mix of plant materials, pedestrian amenities and features, outdoor cafe -type seating and similar features. Required plant materials will be reduced in proportion to the amount of perimeter area devoted to pedestrian oriented space. SENSITIVE AREA ORDINANCE DEVIATIONS O Setbacks TMC 18.45.080 F. All commercial and industrial developments shall be set back 15 feet and all residential development shall be set back ten feet, measured from the foundation to the buffer's edge. The Director may waive setback requirements when a site plan demonstrates there will be no impacts to the buffer zone from construction or occasional maintenance activities. O Buffers TMC 18.45.080 G The Director may reduce the standard wetland/watercourse buffers on a case-by-case basis, provided the buffer does not contain slopes 15% or greater. The approved buffer width shall not result in greater than a 50% reduction in width. Any buffer reduction proposal must demonstrate to the satisfaction of the Director that it will not result in direct or indirect, short-term or long-term adverse impacts to wetlands or watercourses, and that: a. Additional protection to wetlands will be provided through the implementation of a buffer enhancement plan; b. The existing condition of the buffer is degraded; c. Buffer enhancement includes, but is not limited to the following: (1) Planting vegetation that would increase value for fish and wildlife habitat or improve water quality; (2) Enhancement of wildlife habitat by incorporating structures that are likely to be used by wildlife, including wood duck boxes, bat boxes, snags, root wads/stumps, birdhouses and heron nesting areas; or (3) Removing non-native plat species and noxious weeds from the buffer area and replanting the area subject to TMC 18.45.080G.2.c.(1) above. P:\Planning Fomo\Applications\SPDirector-6-06.doc December 4, 2006 • • SIGN DEVIATIONS ❑ In the single family zone (LDR): signs for all conditional uses and public facilities (TMC 19.32.080); ❑ In multi -family zones where signs face multi -family, commercial and industrial zones: signs of conditionally permitted uses, all public facilities and freestanding signs (TMC 19.32.100). In Commercial and Industrial (TMC 19.32.170) Zones: ❑ Signs of conditionally permitted uses, all public facilities and all free-standing signs, that abut or face single family zones (TMC 19.32.120) and multi -family zones (TMC 19.32.130); ❑ Any multi -tenant office building sign which has over 50% of the total allowed wall sign area (TMC 19.32.140(B)(4)); ❑ A 50% increase in wall sign area for each doubling of the Zoning Code maximum building setback up to 6% of the wall area upon which the sign will be mounted up to a maximum of 500 sq. ft. (TMC 19.32.140(A)(2) and (C)). Shopping Mall business wall signs (TMC 19.32.150(A)): ❑ To allow one wall sign to have more than 50% of the business's total allowable sign area in one sign. ❑ To allow one freestanding sign to have more than 50% of the site's total allowable sign area in one sign. CARGO CONTAINERS Approval criteria for cargo containers to be installed in the LDR, MDR, and HDR zones for institutional uses and in the RC, RCM, TUC or C/LI zones for permitted or conditional uses: ❑ Only two cargo containers will be allowed per lot, maximum length 30 feet. ❑ The container is located to minimize the visual impact to adjacent properties, parks, trails and rights-of-way as determined by the Director. ❑ The cargo container is sufficiently screened from adjacent properties, parks, trails and rights- of-way, as determined by the Director. Screening may be a combination of solid fencing, landscaping, or the placement of the cargo containers behind, between or within buildings. ❑ If located adjacent to a building, the cargo container must be painted to match the building's color. ❑ Cargo containers may not occupy any required off-street parking spaces. ❑ Cargo containers shall meet all setback requirements for the zone. ❑ Outdoor cargo containers may not be refrigerated. ❑ Outdoor cargo containers may not be stacked. P:\Planning Forms \Applications\SPDirector-6-06.doc December 4, 2006 • • SINGLE-FAMILY DESIGN STANDARD EXCEPTIONS The design standards required at 18.50.050 (5) and (6) may be modified by the DCD Director. 1. The criteria for approval of a roof pitch flatter than 5:12 are as follows: a. The proposed roof pitch is consistent with the style of the house (for example modern, southwestern); b. If a flat roof is proposed, the top of the parapet may not exceed 25 feet in height; c. If a sloped roof is proposed, it must have at least 24 -inch eaves; and d. The house exhibits a high degree of design quality, including a mix of exterior materials, detailing, articulation and modulation. 2. The criteria for approval of a house with a front door that faces the side or rear yard are as follows: a. The topography of the lot is such that pedestrian access is safer or more convenient from the side or rear yard; b. The house will be set back at least twice the minimum front yard setback; c. The entrance is oriented to take advantage of a site condition such as a significant view; or d. The entry feature is integral to a unique architectural design. P.'Planning Forms Applications \SPDirector-6-06.doc December 4, 2006 - - - - - - L. 5'00" I 6CbOO EF* . ) cs*ewwf —3- L . U 0 Dp' w o.y ,00" 1 — — — — 16s'oa`_ _ 1 • e f r o Coklcriie BoCts mac" F eh flute L 5 w 4 • > Ftp vii"l o roh ted i fi"v 1 SFf-e : 981ST 16211`5131-fFve,5 -UPI&Wig Owner . Viz. 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