HomeMy WebLinkAbout08-27-2014St. Lucie County
Board of Adjustment
Administration Building Commission Chambers
AGENDA
August 27, 2014
9:30 a.m.
CALL TO ORDER
® Pledge of Allegiance
® Roll Call
® Announcements
AGENDA ITEM #1 - MINUTES
® Exhibit #1: Minutes of June 25, 2014
® Action Recommended: Approval
,9 - ,
AGENDA ITEM #3 — Petition of Idlewild Hutchinson island, LLC for a variance from the
provisions of Section 8.00.04(A) of the St. Lucie County Land Development Code that permits a
wall to be located in any required front yard provided that the wall does not exceed a maximum
height of four feet above the elevation of the center line of the adjacent roadway.
® Exhibit #3: Staff Report Linda Pendarvis
® Action Recommended: Denial
OTHER BUSINESS
® Other business at Board Members' discretion
NOTICE: The proceedings of the Board afAd/'ustment ape e%Monica//yPecorded. PDXSUA#T TOSectian798bllff, ff N6 Statutes, ifa person decides to appeal anydecision made bythe Bcapd of
Ad/'ustmeat with respect to anymatter cans1deped8t8 meeting orheaping, he willneed a recardaftheppaceedings Far such puppose, hemayneed to ensure that a verbatim recapdaf the proceedings
m made, which racordmoludes the testimonyand evidence upon which the appeal is to he based. Open the pequestafanypartyta the ppoceeding, tndiuiduals testifying during a hearing will be sworn in.
Anypapty to the proceeding willbegpantedan apportunityta crass -examine anyiadiuidua/testifying during a hearing upon pequest lfitbecomesnecessary, a public heapingmaybe cantinuedfrom time
to time asmaybe necessapy to a date -certain.. Anyone with a disability requiring accommodation to attend this meeting should contact the St. Lucie County Community Services Manager at 772-462-
1777 or TOD 772-462-1428 at least forty-eight (48) hours prior to the meeting. Any questions about this agenda may he referred to the St. Lucie County Board of Adjustment at 772-462-2822.
Form No. 07-37
Page 1 of 5
St. Lucie County Board of Adjustment
1 St. Lucie County Administration Building Commission Chambers
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A compact disc recording of this meeting, in its entirety, can be obtained from the Planning and Development
Services Department along with these minutes. A fee is charged. In the event of a conflict between the written
minutes and the compact disc, the compact disc shall control.
CALL TO ORDER
Chairman Ron Harris called the meeting to order at 9:30A.M.
Ron Harris.............................................Chair
Bob Lowe .............................................. Board Member
Richard Pancoast..................................Board Member
Ron Knaggs ..........................................Board Member
MEMBERS ABSENT
Buddy Emerson ..................................... Board Member
OTHERS PRESENT
Katherine Barbieri .................................Assistant County Attorney
Diana Waite ..........................................Senior Planner
Linda Pendarvis ....................................Planner
Beverly Austin ....................................... Recording Secretary
ANNOUNCEMENTS
None
AGENDA ITEM #1 — Minutes of May 28, 2014
Mr. Pancoast motioned approval of the minutes as written.
Mr. Lowe seconded and the motion carried unanimously.
AGENDA ITEM #2 — Public Comments
None
AGENDA ITEM #3 — 41" continuance petition of Brent Norman for a variance from the
provisions of Section 7.04.01 of the St. Lucie Land Development Code to allow a screened
enclosure for a pool to encroach 1.4 feet and 1.75 feet into the minimum side yard setbacks
as required in the Portofino Shores PUD zoning district. Staff report by Linda Pendarvis.
Draft BOA Minutes
June 25, 2014
Page 2 of 5
41 Linda Pendarvis, planner stated the petition was originally presented at the January 23, 2013 BOA
42 public hearing and was continued to allow the applicant time to have the screen enclosure drawn on
43 the survey and provide a signed copy of the POA letter that acknowledges the proposed
44 encroachment.
45
46 At the last public hearing for this petition on January 22, 2014 this Board continued this item for a
47 fourth time at the request of the applicant to a date certain of June 25, 2014. The applicant has not
48 been able to obtain a letter of approval from the Portofino Shores PUD POA Board.
Staff's review of this petition and determined that it does not conform to a strict interpretation of the
standards of review as set forth in Section 10.01.02 St. Lucie County Land Development Code, but
is not in conflict with the goals, objectives, and policies of the St. Lucie County comprehensive Plan.
Staff recommends denial of the requested variance.
Chairman Harris opened the meeting for discussion and questions of staff
Mr. Pancoast stated the record will indicate that the last time we were here; he questioned whether
the Board should go any further with this. There is a cost to the taxpayers of St. Lucie County; we
have given this 4 hearings. He thinks whatever fees were charged in the beginning have been worn
out a long time ago. He would like a legal opinion from the county attorney or whether we should
continue any further and if there are any legal reasons to continue.
Ms. Barbieri, assistant county attorney stated this is a Board discretionary item on whether to
continue. Legally the Board can continue the hearing but staff's recommendation is that it must be
set for a date certain.
Mr. Pancoast stated he does not know how the other Board members feel but he would be in favor
in giving a specific date that things can't be pulled together by that period that this case die a natural
death.
Mr. Lowe asked the county attorney that if the Board go against the HOA because evidently there is
still no letter of approval from the HOA; are we liable for anything.
Ms. Barbieri stated the Board is not liable. The county has rules and the Board of Adjustment is
ruling on those. The HOA has their own rules and they enforce those rules themselves; we don't
enforce their rules.
Mr. Brent Norman of 6128 Santa Margarito Drive, Ft. Pierce, FL was sworn in and gave his reasons
for the Board to approve his variance. His attorney asked the county attorney could the Board agree
to the variance without the HOA agreement. The county attorney stated the Board has broad
authority to take action. He understands that they cannot proceed until he has both the county and
HOA permission. In this situation, since we have done all reasonable actions and now are forced
into legal actions which could take up to 18 months to do; we are asking the Board to go ahead and
approve this variance as requested.
Mr. Harris stated this has been going on for 18 months and a letter has not been produced. In the
past, it has been this Board's policy never to approve a variance that was within a HOA unless we
had a HOA sign off. He will not be supporting this. He will be looking for a denial.
Draft BOA Minutes
June 25, 2014
Page 3 of 5
89 Ms. Barbieri stated whoever makes the motion should base it on the four things that are in the code
90 and if the fact the he does not have a HOA letter is part of the reason that they will do it under
91 granting the variance will not ... that they feel that it will impair and injure other properties because the
92 HOA has not done it which would be... because there is nothing specific in the code about the HOA.
93
94 Chairman Harris opened the public hearing
95 No one spoke
96 Chairman Harris closed the public hearing
97
98 Mr. Pancoast made a motion to DENY with the assistance of the county attorney: After
99 considering the testimony presented during the public hearing, including staff comments, and the
100 Standards of Review as set forth in section 10.01.00 of the St. Lucie County Land Development
101 Code, I hereby move that the Board of Adjustment deny the petition Brent and Theresa Norman for
102 a variance from the provisions of Section 7.04.01, of the St. Lucie County Land Development Code
103 to allow a screened enclosure for a pool to encroach 1.4 feet and 1.75 feet into the minimum side
104 yard setbacks of 6 feet as required in the Portofino Shores PUD zoning district because the
105 variance does not arise from conditions that are unique and peculiar to the land, structures and
106 buildings involved. That granting of the variance will impair or injure other property or improvements
107 in the neighborhood in which the subject property has not been able to get any letters from the
108 neighbors saying otherwise; that it will impair the adequate supply of light or air to adjacent to public
109 streets and that the variance will not make possible the minimum required use of the land, building
110 or structure. Mr. Knaggs seconded the motion.
111
112 The roll was called:
113 Chairman Harris Yes
114 Mr. Pancoast Yes
115 Mr. Lowe Yes
116 Mr. Knaggs Yes
117
118 AGENDA ITEM #4 - Eminent Domain Waiver determination for Florida Department of
119 Transportation (FDOT) for 1200 West Midway Road/aka Marathon Gas Station. Staff report by
120 Diana Waite.
121
122 Diana Waite, Senior Planner presenting staff comments for the application of FDOT requesting an
123 Eminent Domain Waiver for property located at 1200 West Midway Road. The property owner's
124 legal representative contacted our office for general information and discussion regarding the
125 proposal. No other comments have been received.
126
127 The subject parcel is located on the northwest corner of West Midway Road and Sunrise Boulevard,
128 in White City. The Florida Department of Transportation (FDOT) is preparing to widen West Midway
129 Road from two to four lanes and requires additional right-of-way from the subject parcel for the
130 project. Approximately 10 feet of this parcels' Midway Road frontage is proposed for acquisition. The
131 subject parcel includes a convenience store with gas pumps approved as a conditional use with a
132 site plan project known as Marathon Gas Station. The surrounding uses include: an existing church
133 to the east, undeveloped land to the west, a retail store to the south and single family homes on the
134 north and east side of Charlotta Street. The existing landscape buffer and front setback for this
135 parcel is currently not conforming to the zoning district. With the proposed right-of-way acquisition,
136 the existing landscape buffer and front setback would be decreased by 3 feet. Specially, this
137 request is for:
Draft BOA Minutes
June 25, 2014
Page 4 of 5
® An 8 foot waiver from the 25 foot building setback requirement in the parcel's CN Zoning
District. The pump islands would be setback 17 feet from the new property line, rather than
the existing 20 feet.
® The second item is a 9.2 foot waiver from the'landscape buffer along a portion of West
Midway Road. The proposed landscape plan provides a buffer ranging from the 5'8" to 20
feet wide along this parcels frontage.
The purpose of the requested waiver is to allow the existing business to operate similar to its pre -
acquisition condition. In this case, approval will improve the non -conformities on the parcel.
FDOT has submitted a cure plan for the remainder parcel that depicts the alternative landscape plan
along Midway Road and the 17 foot setback between the new property line and the existing gas
pump island. Staff would note that the new roadway designs will include a six foot sidewalk and bike
lane between the subject property lines and the travel lanes. If approved, the cure plan and the
landscape plan will be incorporated by reference into the approval order for the proposed waiver.
Staff has reviewed this petition and has found that the waiver conforms to the standards of review as
set forth in St. Lucie County Land Development Code and is not in conflict with the goals, objectives,
and policies of the St. Lucie County Comprehensive Plan. Staff recommends approval of the
requested wavier.
Chairman Harris opened the meeting for discussion and questions of staff
Mr. Pancoast stated if by chance in one of these cases we were to decide to NOT approve it (it's just
a question) does that mean FDOT is forced to buy the whole property?
Lynn Zolezzi of Land Design South 400 Columbia Drive, Suite 101, West Palm Beach Florida was
sworn in. She is the representative for Florida Department of Transportation (FDOT). She stated
you can only take a portion of the property used for the roadway. You can't take the entire property,
there is a necessity issue. FDOT can compensate the property owner to a certain extent but not buy
the entire property and redevelop. FDOT looks at issues and try to cure the property as best they
can and then pay for the improvements.
Chairman Harris disclosed that he reviewed this cure plan as a member of county staff and in no
way it affects his decision. The reason for the eminent domain waiver is to hold down the cost of
right-of-way acquisitions.
Ms. Zolezzi stated this will be a signalized intersection at Sunrise which is an improvement to the
area. In general it is a very good plan and we met the criteria of granting the waiver.
Chairman Harris opened the public hearing
None
Chairman Harris closed the public hearing
Mr. Pancoast made a motion to approve: After considering the testimony presented during the
public hearing including staff comments and the Standards of Review as set forth in Section
10.01.00 of the St. Lucie County Land Development Code, I hereby move that the Board of
Adjustment approve the petition of Florida Department of Transportation (FDOT) for an Eminent
Domain Waiver from the provisions of Section 7.04.01 of the St. Lucie County Land Development
Code to permit a building to encroach 8 feet into the minimum front setback and to reduce the
Draft BOA Minutes
June 25, 2014
Page 5 of 5
185 required landscape strip along West Midway Road to 5 feet 8 inches, as shown on the cure plan
186 because the cure plan will improve the property. Mr. Lowe seconded the motion.
187
188 The roll was called:
189 Chairman Harris Yes
190 Mr. Pancoast Yes
191 Mr. Lowe Yes
192 Mr. Knaggs Yes
193
194 The Board had a discussion with the FDOT representative and Glenn Spivey, the appraiser of how
195 the process works. Mr. Spivey of 399 Tequesta Drive, Tequesta, FL was sworn in.
196
197 OTHER BUSINESS
198 Mr. Lowe asked about the summer meeting schedule. Mr. Knaggs stated he will be on vacation for
199 the July meeting.
200
201 ADJOURN
202 Having no further business, the meeting was adjourned at 10:1lam.
Draft BOA Minutes
June 25, 2014
T6371anning and Development
Services Depa[FE B C
TO: Board of Adjustment
THROUGH: Leslie Olson, Planning Manager `
FROM: Linda Pendarvis
DATE: August 27, 2014
SUBJECT: Petition of Idlewild Hutchinson Island, LLC for a variance from the provisions of
Section 8.00.04(A) of the St. Lucie County Land Development Code that
permits a wall to be located in any required front yard provided that the wall
does not exceed a maximum height of four feet above the elevation of the
center line of the adjacent roadway.
ITEM NO. III
LOCATION: Approximately 2/3 of a mile north of Regal Drive, on the east
side of State Road A1A (Parcel ID # 1414-310-0005-000-1)
PARCEL SIZE: +/- 1.25 acres
ZONING DISTRICT: HIRD (Hutchinson Island Residential District)
FUTURE LAND USE: RH (Residential High — 15 du/acre)
EXISTING USE: Vacant
PURPOSE: The petitioner proposes to construct a four foot wall, two feet
above the maximum height measured above the elevation of
the centerline of the roadway adjacent to the front property
line in the HIRD (Hutchinson Island Residential District)
Zoning District
SURROUNDING ZONING: Zoning District Designations of Abutting Properties
To the north: HIRD (Hutchinson Island Residential District)
To the south: HIRD (Hutchinson Island Residential District)
To the east: Not Available
To the west: CPUB (Conservation Public)
Board of Adjustment
Petition: Idlewild Hutchinson Island, LLC
August 27, 2014
Page 2 of 5
Background
The petitioner, Idlewild Hutchinson Island, LLC is proposing to construct a privacy wall along their
front property line on a +/- 1.25 acre parcel located on North Hutchinson Island, approximately 2/3
of a mile north of Regal Drive, on the east side of State Road A1A. Land Development Code
(LDC) Section 8.00.04(A) permits a wall, fence or landscape berm to be located in any required
front yard provided that the wall, fence or landscape berm does not exceed a maximum height of
four feet'above the elevation of the center line of the adjacent roadway.
The proposed variance is to allow the construction of a four foot wall, two (2) feet above the
maximum height measured above the elevation of the centerline of the roadway adjacent to the
front property line in the HIRD (Hutchinson Island Residential District) Zoning District. The intent
of the regulations is to restrict property owners from creating a berm and then constructing a four
foot wall on top of the berm.
Toporsu' rAr -...
M U AT KOO. 16AT M,(
f MWO MIX AM D (J ) rt3 TCEMR COOT.
5-1 UCC 1 F DISH A14D VARIT
WTI STQF 3 O wA U ". 6 1,IXT CH
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NOS: COMRACT ALL SUBM
WALL DETAIL
Board of Adjustment
Petition: Idlewild Hutchinson Island, LLC
August 27, 2014
Page 3 of 5
North to South
Al A Center Line
Property Line Adjacent
to Roadway (location of
proposed wall with new
to 0
9.16
11.2
9.00
11.4
8.93
10.8
10.5
10.8
Average
9.03
10.94
Previous Approvals
On March 27, 2013 the Board of Adjustment granted a variance to permit single family residence
to exceed the 35 foot maximum building height by 6.67 feet.
On May 16, 2013 the Building Department issued a building permit to construct a 3 story single
family residence on the subject property.
In reviewing this application for a variance from the St. Lucie County Land Development Code,
the Board of Adjustment shall consider and make the following determinations:
1. The variance requested arises from conditions that are unique and peculiar to the
land, structures, and buildings involved; that the particular physical surroundings,
the shape, or topographical condition of the specific property involved would result
in unnecessary hardship for the owner, lessee, or occupant, as distinguished from a
mere inconvenience, if the Provisions of Chapter 7 are literally enforced; that they
are conditions that are not ordinarily found in the same Zoning District, and the
conditions are created by the regulations of Chapter 7, of this Code, and not by an
action or actions of the property owner or the applicant.
The variance does not meet this standard as the request is the result of the desire of the
property owner to construct a four foot concrete wall two (2) feet above the maximum
height measured above the elevation of the centerline of the roadway adjacent to the front
property line. There are no unique or particular physical on -site conditions that would
result in an unnecessary hardship for the owner.
Board of Adjustment
Petition: Idlewild Hutchinson Island, LLC
August 27, 2014
Page 4 of 5
2. The granting of the variance will not impair or injure other property or
improvements in the neighborhood in which the subject property is located, nor
impair an adequate supply of light or air to adjacent property, substantially increase
the congestion in the public streets, increase the danger of fire, create a hazard to
air navigation, endanger the public safety, or substantially diminish or impair
property values within the neighborhood.
The granting of the requested variance is not expected to harm other property or
improvements in the neighborhood, neither is it expected to impair an adequate supply of
light or air to adjacent public streets, increase the danger of fire, or endanger the public
safety. The property is surrounded by vacant lands and the closest residential structure
lies over a '/a mile to the west and south. The proposed improvements to the property
should not impact property values.
3. The variance requested is the minimum variance that will mace possible the
reasonable use of the land, building, or structures.
The requested variance is the minimum needed to allow the construction of a four foot wall
along the front property line.
4. The variance desired will not be opposed to the general spirit and intent of this
Code or the St. Lucie County Comprehensive Plan.
The variance desired is
Land Development Cod
Recommendation
e
The variance sought arises from conditions that are imposed by the applicant and does not
necessarily qualify as a hardship as defined in the St. Lucie County Land Development Code.
Staff has reviewed this petition and determined that it does not conform to a strict interpretation of
the standards of review as set forth in Section 10.01.02, St. Lucie County Land Development
Code. Staff is, therefore, recommending denial of the requested variance.
Board of Adjustment
Petition: Idlewild Hutchinson Island, LLC
August 27, 2014
Page 5 of 5
MOTION TO APPROVE.
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING
STAFF COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF
THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF
ADJUSTMENT APPROVE THE PETITION OF IDELEWILD HUTCHISON ISLAND, LLC FOR A VARIANCE
FROM THE PROVISION OF SECTION 8.00.04 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT
CODE TO ALLOW THE CONSTRUCTION OF A FOUR FOOT WALL, TWO FEET ABOVE THE MAXIMUM
HEIGHT MEASURED ABOVE THE ELEVATION OF THE CENTERLINE OF STATE ROAD A-1-A FOR
THE SUBJECT PROPERTY BECAUSE.......
(CITE REASON WHY - PLEASE BE SPECIFIC)
MOTION TO DENY:
AFTER CONSIDERING THE TESTIMONY PRESENTED DURING THE PUBLIC HEARING, INCLUDING
COMMENTS, AND THE STANDARDS OF REVIEW AS SET FORTH IN SECTION 10.01.02 OF THE ST.
LUCIE COUNTY LAND DEVELOPMENT CODE, I HEREBY MOVE THAT THE BOARD OF ADJUSTMENT
DENY THE PETITION OF IDELEWILD HUTCHISON ISLAND, LLC FOR A VARIANCE FROM THE
PROVISION OF SECTION 8,00.04 OF THE ST. LUCIE COUNTY LAND DEVELOPMENT CODE TO
ALLOW THE CONSTRUCTION OF A FOUR FOOT WALL, TWO FEET ABOVE THE MAXIMUM HEIGHT
MEASURED ABOVE THE ELEVATION OF THE CENTERLINE OF STATE ROAD A-1-A FOR THE
SUBJECT PROPERTY BECAUSE.......
(CITE REASON WHY - PLEASE BE SPECIFIC)
ST. L LJO GC CO U, M ril C
planning Development 23ruices BepaHment
a,
MViSioLl
2300 Vfrginla Avenue, Ft. Pierce, FL 34982
Office: 772-462-2822 — Fax: 772-462-1581
DEVELOPMENT APPLIICATOON
A pre -application conference is recommended prior to Main application submittal.
Please contact the Planning Division to schedule an appointment
Sujbmi,U'al TmW&Tback
bite Man�e9onin�
each that ��Ipp
- Lpejs
Ei Major Site Plan
El Rezoning (straight rezoning)
El Minor Site Plan
11 Rezoning (includes PUDIPNRD/PPkfiUD)
Ei Major Adjustment to Major Site Plan
n Rezoning with Plan Amendment
Ei Major Adjustment to Minor Site Plan
Irehensive Plan Amendment 4
Ei Major Adjustment to PUD/PNRD/PMUD
El Future Land Use Map Change
11 Minor Adjustment to Major Site Plan
Ei Comprehensive Plan Text Amendment
Ei Minor Adjustment to Minor Site Plan
Other
n Minor Adjustment to PUD/PNRD/PMUD
0 Administrative Relief
Planned Devello ment
Ei Class A Mobile Home 5
Ej Planned Town or Village (PTV)
El Developer Agreement (Submit per LDC
• Planned Country Subdivision (PCS)
11.08.03)
• Planned Retail Workplace (PR"
Ei Power Generation Plants
ii Prelim. Planned Unit Develop. (PUD)
Ei Extension to Development Order
Ei Prelim. Planned Mixed Use Develop. (PMUD)
0 Historical Designation/Change 6
Ei Prelim. Planned Non -Res. Develop. (PNRD)
El Land Development Code Text Amendment
Ei Final Planned Unit Develop. (PUD)
El Plat
Ei Final Planned Mixed Use Develop. (PMUD)
0 Post Development Order Change
Ei Final Planned Non -Res. Develop. (PNRD)
Ei Re -Submittal # 8
Conditional Use I
Ei Shoreline Variance
Ei ConditionalUse11
Stewardships ® Sending/Receiving
• Major Adjustment to a Conditional Use
ii Telecom Tower (Submit per LDC 7.10.23)
• Minor Adjustment to a Conditional Use
Variance 2
Ei Transfer of Development Rights
0 Administrative Variance
0 Waiver to LDC/Comp. Plan Requirements
o Appeal of Decision by Administrative Officiallo
q. Variance
o Eminent Domain Waiver"
Ei Variance to Coastal Setback Line
1.
Ap licaVon SURRLementr Pacl�a es
Conditional Use 6. Historical Designation/Change 10. Appeal of Decision by
2.
3.
Variance 7. LDC Text Amendment Administrative official
Rezoning / Zoning Atlas Amend. 8. * Re- Submittal 11. Eminent Domain Waiver
4.
Comp. Plan Amendments g. Waiver to LDC/Comp. Plan
5.
Class A Mobile Home Requirements
Refer to Fee for applicable fees.
All required materials must be included at the time of submittal along livith the
appropriate non-refundable fee(s).
Page I of 6
Revised May 6, 2013
?014
b-mignuoungg Lunvmoov�
Application Type:
Supplemental Application Pack -age No,:
(Please provide separate fee calculation worksheet for �each application type)
El BASE REVIEW FEE: $ (A)
El CONCURRENCY FEE: $ (8)
El ERD REVIEW FEE: $ (C)
El UTILITIES $
El PER ACREAGE CHARGE: $ (D)
El RESUBMITTAL FEE: (if applicable) $ _ (E)
El OTHER $
SUBTOTAL OF BA,,WC FEES -
El PRE -APPLICATION MEETING FEE: (F) deduction
Receipt No. of Payment:
Date of Pro App:
BALANCE OF FEES DUE:
SEPARATE CHECK FOR TRAFFIC IMPACT STUDY — Ordinance No. 06-047; amending Chapter 5. 11.01
of the St. Lucie County Land Development Code
El $950.00 — Methodology Meeting (H) (if Applicable)
® Additional fees will be due if a 3rd party traffic study review is needed. These services will be invoiced to
applicant upon receipt of quote of services from 31d party.
• Please note: For all projects requiring public notice, You will be invoiced by St. Lucie County Planning
Division. Refer to "Public Procedures". 9
• Other fees may be applicable by other external reviewing agencies; i.e e rict and proof of payment
will be required prior to project approval. r-
e
ilq R
Applicant Name (Printedl
(For office use only)
INTAKE REVIEWER - —SIGNATURE
VERIFIED BY- SIG —NATURE
File Number:
Page 2 of '
Revised February 13, 2014
I
DATE
Receipt Number:
'r6le is provided) as a FaFbjinder.
Pl0850 see MP00008 Code SOCUORS for more det0e col subb m6ttap msuits.
requlre
,AAPi SubmKIMS Wr9UST Lo's in (,om.ppete cooldledj and colld'dedl --Gts.
A50 appOlcations rflugg include the following..
0 Application, completed in black ink, with properly ovyner signatureqs) and notary seal (I original and 11
copies)
El Aerial Photograph — property outlined (available from Property Appraiser's office
El Property Deed
0 Legal description, in MS Word format, of subject property
El Property Tax Map — property outlined (electronic copy not required)
EJ Survey (24x36)
El 2 CDs of all documents submitted - with files named according to the Required Naming List. (attached)
El Concurrency Deferral Affidavit; or
El Description and analysis of the impact of the development on public facilities in accordance with the
methodologies acceptable to the County (LDC Section 5.08.02). This will require a Transportation
Assessment or a full Traffic Impact Report, if applicable.
Site Plan and Planned Development AppPkatlons must also include:
El Site Plan 24")(36" at a scale Of V=50'(12 copies- folded, not rolled)
El Boundary Survey (24x36) — Signed and Sealed (12 originals)
0 Topographic Survey (2446) — Signed and Sealed (12 originals)
El Landscape Plan —Signed and Sealed (12 originals)
0 Traffic Impact Report (TIR) (4 copies) if.,
0 50+ residential units
o Development on N. or S. Hutchinson Island
o Non-residential (see LDC Section 11.02.09(4))
El Environmental Impact Report (4 copies) if.(See LDC Section 11.02.09(5))
• The property is ten acres or greater
• The properly, regardless of size, contains a wetland;
• The property is identified on the "Native Habitat Inventory for SLC";
• The proposed development is located in whole, or part, within the One Hundred Year. Flood Plain;
• Development on N. or S. Hutchinson Island
Development Order Extension Applications only require the following:
El Letter of justification — submitted at least 2 weeks prior to expiration. (LDC 11,02.06)
El Updated Traffic Analysis if applicable (4 copies)
El Approved Resolution or GM Order
Final Plats only require 2® (ffo➢low Wc1ficMilons above) & 4=g2gjes of the following:
El Main Application and back up material
El Approved Site Plan and copy of approved Development Order
❑ Plat - Include e)dra copies of Plat for applicable conditions of approval
*Please note: Only a surveyor, attorney, or title agent is authorized to provide a legal description. The legal
description provided on the. property appraiser's website is not valid for our purposes. The legal description
you provide us will be used in all future documentation. if it is incorrect, it Will invalidate the results of any
hearing(s).
Page 3 of 6
Revised February 13, 2014
Project
Site address:
Parcel ID Number(s):
Legal Description: (Attach additional sheets if necessary — s0so must be prolfidsd in MS Word format on CD)
Property location — Section/Township/Range-
Property size — acres:— Square footage:
Future Land Use Designation:
Zoning District:
Description of project: (Attach additional sheets if necessary)
Type of construction (check all applicable boxes):
❑ Commercial Total Square Footage: Existing
❑ Industrial Total Square Footage:* Existing
Residential No. of residential units: Besting
No. of subdivided lots: Existing
❑ Other Please specify: e-L&O 1-.,e )
Number and size of out parcels (if applicable):
Page 4 of 6
Revised February 13, 2014
Proposed:
Proposed:
Proposed -
Proposed:
SPECD[PL HOTE
PLEA SE FkEAD BEFUCH M( aV4` s SELGJT)
Submission Of this application does not constitute the granting of approval. All appropriate requirements must
be met prior to this project being presented for approval to the appropriate authority. St. Lucie County reserves
the right to request additional information to ensure a complete review of this project.
AC KNO CVtq L E 0 0 M E Rif 73
MA-A—H'-Cang into t? .
Business Name:'
Llk& I. f2, VZ0�
Name:
Add ess:
(Please use an address that can accept overnight
Agantinformanon.
Business Name:
Name: a(/av'n
Address: Mo,
(Please use an address that can accept overnight
packages) packages)
Phone: 1q)
Phone:
a17
Fax:
Fax: 182P D
EmailAM-01-0
Pi"58 no both aPpHcant and agent will receive all official correspondence on this nroia&.-
Property Owner information
This application and any application supplement will not be considered complete without the notarized
signature of all ro (an owners of record, which shall serve as an acknowledgment of the submittal of this
application for approval. o erty owner's signature below shall also serve as authorization for the above
applicant or agent to act al of said property owner,
Property J er Sign i I yre
Property Owner ame (Print°
Mailing Address: r r. Zff) Phone:
If more than one owner, please submit additional
MUDW pages
STATE OF
IVL:�Ll COUNTY OF
The foregoing instrument was acknowledged before me this -2 —04L,- day of , —
2o-L9--
by who is personally known to me or who has produced
/V6�
01VIJOLUM of INUldry
Page 5 of 6
Revised February 13, 2014
as identification.
Commission Number (Seal)
P,
rYP---7r.—nti7a ==m—.o, ffiT5�ry�"
Roshan Patel Kelly
Notary Public of
Hunterdon County, New Jersey
My Commission Explres 5- 12- q )
Prepared by and return to:
Gregg M. Casalino
Attorney at Law .
O'HAIRE, QUINN, CANDLER & CASALINC3, CHI).
3111 Catd[nal Drive
Vero Beach, FL 32963
772-231-6900
Fife Number: 7421-VA61
Will Call- 59
JOSEPH E. SMITH CLERK OF THE-: CWCUIT COUFZ-r
SAINT LUCIE COUNTY
FILE # 3807984 03106/2013 at 01.06 PM
OR BOOK 3492 PAGE 123 -12 4 Doc Type: DEED
RECORDING: $18.so
D DOC STAMP COLLECTION: $0.7o
(space Above This Line For Recording Datal
WaTr;anty Deed
';i'lnis �i�'arrr�n 1LDe�d made this ���
' ' day of Maireh, 2012 between Idlewgld Hutchinson
Island, )r ILC, a Florida limited liability company, whose post office address is 19 Readington Road,
Somerville NJ 08776, grantor, and Idlewild �nni�lninson lslarnd, �.�,�, a IFlcariida limited'
liabilitycompany, whose post office address is 19 Reaidington load, Somerville NJ 08776, grantee:
(When'ever used herein the terms "grantor" and "grantee,, include all the parties to this instrument and the
heirs, legal representatives, and assigns of individuals, and the successors and assigns of corporations,
trusts and trustees)
Witnesseth, that said grantor, for and in consideration of the sure of TEN AND N01100 DOLLARS
($10.00) and other good and valuable considerations to said grantor in hand paid by said grantee, the
receipt whereof is hereby acknowledged, has granted, bargained, and sold to the said grantee, and
grantee's heirs and assigns forever, the following described land, situate, lying and being in St. Lucie
County, Florida to -wit:
Government Lot 2, less the North 1,1199.16 feet and Government .Lot 3, less the South 1300
feet, LAM Fast df State Road A1A and lying and being in Section 14, Township 34 South,
Range 40 East St. Lucie County, Florida,
And
Gover>rnMent Lot 2, less the North 1040 feet, and Government Lot 3,.Im the 8onnth 1439.16
feet, lyirna Fast of Stzte Road AlA and lying ,and being in Section 14, Township 34 South,
Range 40 Fast, St. Lucie County, Florida. .
Together with all the tenements, hereditaments and appurtenances thereto belonging or in anywise
appertaining.
To Have and to Hold, the same in fee simple forever.
And the grantor hereby covenants with said grantee that the grantor is lawfully seized of said land in fee
simple; that the grantor has good right and lawful authority to sell and convey said land; that the grantor
hereby fully warrants the title to said land and will defend the same against the lawful claims of all
Property Appraiser w St.Lucie County, FL
Page 1 of 1
Idlewild Hutchinson Island LLC Record: 1 of 1
PROPERTY RECORD CARD
Property Identification
<ePrev Next» Spec Assmnt Taxes Exemptions Permits Home Print
Site Address: 14:
Sec/Town/Range: 94 34S :40E
ParcellD: 1414-310-0005-000.1 "\l1CIF%
G
Map ID: 14/14S
Account #: 7970 p !
Zoning: HIRD
Use Type; Vac Res:. ,�
City/Cnty: St Lucie County
Ownership and Mailing
Owner: Idlewild Hutchinson Island
LLC Legal Description
Address: 19 Readington Rd
14 34 40 GOVT LOT 2-LESS N 104D FT -AND GOVT LOT 3-LESS S
1300 FT LYG E OF A1A- (1.88 AC) (OR 3236
Somerville NJ 08876
21
oro,,,
Sales Information
Date Price Code Deed
10/7/2010 1310000 OOD1
Assessment 2012 Total Land and Building
BooWPage 2012 Final: 1200300 Land Value:
5/11/20D4 2260000 00 WD
8/30/2001
1200300 Acres: 1.12
3236 / 2127 Assessed: 1200300 Building Value: 0
1967 / 0542 Ag.Credit:
100 04
8/30/2001 WO
VVD
0
1436 / 0707 Exempt Finished Area: 0 SgFt
8/30/2001 30D000 01
8/3 /2001 0 01 1C�lVD
1431 /0519 Taxable:
1431 / 0518 Taxes: 24283.63
0368 / 0750
Exterior Features
View: _
ExtType:
Grade:
StoryHght: _
Interior Features
BedRooms:
FullBath:
1/2Bath:
%A/C:
Special Features and Yard Items
BUILDING INFORMATION
RoofCover: _
YearBlt:
ENYrBit:
No.Units:
Electric:
RoofStruct: _
Frame: _
PrimeWall:
SecWall:
HeatType: - PrmintWail: _
HeatFuel: AvgHl/Fl:
%Heated: Prm.Flors: -
%Sprinkled:
Type Y/S Qty. Units Land Information
Oual. Cond. YrBlt. No. Use Type Type
ype Measure Depth
0000-Vac Res
280 -Front Ft 325 190
2 0000-Vac Res 280 -Acres 0,46
THIS INFORMATION IS BELIEVED TO BE CORRECT AT THIS TIME BUT IT IS SUBJECT TO CHANGE AND IS NOT WARRANTED0.46
httP://www.paslc.org/Paslc/prc.asp?prelid=141431000050001
1/17/2013
Variance A I'
Refer to St Lucie County sand ®evelopment Code (LDC) Section 10.01.00 for details
1 • I (we) do hereby petition the St. Lucie County Board of Ad
Variance from the LDC. (State the variance sought and the section
r for the following
which the variance is requested. action from
� e^,� ,;; m the LDC from
2• What is the purpose of the proposed variance and fhe intended
subject property if the variance is ranted:
g dad development of the
_
v !~ ���+ , � £ (%y; .� C+•:ro `� _i ''. i'F� Fae�� is F` ±ye ; f"a -s � �r�E -w i -`� . DE
3. State the specific hardship imposed on the owner b th
�. Y LDC?fU h �1%�
e e j
do I' .✓ =a o'' 1 c.:�,- 4e .yh� % a °' Pt'� ' "Cr, c' 4, dv
�
p is unique to the ownand why other property
4• State reasons why this hardship similarly situated does not suffer from the same hardship, •7
p owner
4`.7''� ii' Eci� `,.,�� T�•3 �^ fc� �"' i:�^R �;.� t
5• State reasons why this variance will not be injurious to
improvements in the neighborhood in which the subjectproperty
other property and/or
� is located. �
� � ✓'�'t��Gs"S¢Rd' J .r 7
6. State reasons why this variance will not increase traffic the danger of fire, or impair
property values in the neighborhood in which the subject property
is
located.
7• State why this variance is the, reasonable use of the land, buildingand structures. ,
minimum variance that will make
gpossible a
Ga�� P� t'e.:o p�' . �?a,;GE•a 7'?a r'✓'� .� a ��, if ,�-, r" - _
Page 1 of 3
Revised: February 5, 2013
ved } tc
rl`CiFpQ I
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JUNV 2 4
j;
suppilement 2
B. Explain how this proposed variance is consistent with the general spirit of the LD
and the St. Lucie County Comprehensive Plan. i r-, . C
.6 /. • -.
(I ., 1 _. L _' > r .�. F .,f,
9. Is this variance request local within a Homeowners or Property Own
Association? YES NO Y er,.
For any variance request wit -i area that has aeHomeownethen ersior Property Owners
Association, a letter from that Association is required stating their Position regarding
the variance request.
10. Name of Association
11. Is there a letter from that association attached? YES
NO
a Please attach a diagram of the property showing the dimensions of the lot and
other dimensions necessary to understand this application, all
Per LDC Section 10.01.04(A)(7) If the variance is sought to erect or increase the
height of any structure, to permit the growth of any tree, or to use proper in the
Airport Zones established in Section 4,00,00, the application shall be accompanied
by a written determination from the Federal Aviation Administration (FAA pForm
7460) as to the effect of the proposal on the operation of air navigation facilities an
the safe, efficient use of navigable airspace. d
® Except for non-residential accessory structures in AG-1, AG-2.5 and AG-5 if the
application is for 100% variance from the road frontage requirements, proof of
recorded legal access shall be furnished with the application.
1 (we) have reviewed LDC Section 10.01,00, including the questions to be answered
by the applicant for a variance and will be prepared to answer these questions at
ue
Public hearing. the
Applicant or Agent Name (printed)
Signature
Page 2 of 3
Revised: February 5, 2013
Page 1 of 1
Fences, walls, and hedges are permitted, as follows:
A. In any residential zoning district, a fence, wall or landscape berm may be located in
any required front yard provided that the fence, wall or landscape berm does not
exceed a maximum height of four (4) feet above the elevation of the centerline of the
roadway adjacent to the property on which the fence, wall or landscape berm is
located.
A fence, wall or landscape berm a maximum of six (6) feet in height above the
elevation of the centerline of the roadway adjacent to the property, may be located in
any other required yard. Except that:
1 If a residential lot adjoins a non -residentially zoned lot, fence height may be
increased to a maximum of eight (8) feet along the adjoining lot lines.
2. If a residential lot's rear or side lot line(s) adjoin a street right-of-way, the fence,
wall or landscape berm height may be increased to a maximum of eight (8) feet
along the street right-of-way, as depicted in Figure 8-1 below, provided that no
other provision of this Code is violated.
B. In non-residential zoning districts, a fence, a maximum of eight (8) feet in height, may
be located anywhere on the lot.
C. Hedges of any height may be located within any required front, rear or side yard
provided that any hedge located at the intersection of two (2) streets shall comply with
the provisions of Section 7,09.04(D) of this Code.
FIGURE 8-1
INA RESIDE NTIALZONINO DISTRICT, THE MAXIMUM HEIGHT
OF ANY FENCE WALL OR HEDGE IN THE REQUIRED FRONT
YARD SHALL NOT EXCEED FOUR FEET
IDE Y
STREET RIGHT -OF- WAY
FRONTYARD
(REQUIRED MINIMUM DEPTH]
REAR YARD
YA
INA RESIDENTIALZONING DISTRICT, THE MAXIMUM HEIGHT OF ANY FENCE, WALL OR HEDGE TH
IS NOT LOCATED IN THE REQUIRED FRONT YARD, SHALL BE SIX(6) FEET, EXCEPT WHERE, THE
RESIDENTIAL FR0PERTYLINE ISADJACENT TO NONRESIDENTAIL PROPERTY, OR AN ADJACENT
STREET RIGHT-OF-WAY, THE MAXIMUM HEIGHT OF ANY FENCE, WALL OR HEDGE LOCATED
OUTSIDE OFA REQUIRED FRONTYARD MAYBE EIGHT(i) FEET.
https:Hlibrary.municode.cornlprint.aspx?h=&clientID=14641 &HTMRequest=https%3 a%2f... 8/7/2014
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meeting -'rim
9:30 AM (or soon thereafter)
John Doe
123 Anywhere St.
Anywhere, USA 12346
Location:
BOCC Chambers
SLC Administration Annex,
2300 Virginia Avenue,
Fort Pierce, FL 34982
Applicant
Idlewild Hutchinson Island, LLC
19 Readington Road
Somerville, NJ 08776
Phone: 908-707-1122
Email: Farrokh764@aol.com
Apehf
Phoenix Fealty Homes
Alan Tarpell
1760 N. Joe Road, Suite 140
West Palm Beach, FL 33411
Phone: 561-799-5900 Ext. 104
Email:
Alan@PhoenixCompaniesFI.com
Project Location
2/3 mile north of Regal Drive, on the
east side of State Road Al A.
4600 N. Highway A1A, Fort Pierce
Future Land Use
RH (Residential, High-15 du/ac)
EXjstinq Zoning
HIRD (Hutchinson Island Residential
District)
Staff's recommendation
Board denial of the requested vari-
ance.
Indrlo R
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OREM (leisgil aI er Jr,, :1
4otice of Proposed Variance Reques
(File No. BA + Ins ,
Subject property Zoning N MS -
CPU • Canssrvatlan Publla
®� e, 600 ft. notification area HIRD • Hutchinson Island Residential Dktriot
HIRb r®W mr R8.4 - Resldentlal Single Family (4 du/no)
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Project Descd2tio
Petition of Idlewild Hutchinson island,
LLC for a variance from the provisions of
Section 8.00.04(A) of the St. Lucie Coun-
ty Land Development Code that permits
a wall to be located in any required front
yard provided that the wall does not ex-
ceed a maximum height of four feet
above the elevation of the center line of
the adjacent roadway. The petitioner
proposes to construct a four foot wall,
two feet above the maximum height
measured above the elevation of the
centerline of the roadway adjacent to the
front property line in the HIRD
(Hutchinson Island Residential District)
Zoning District.
Background
The applicant is constructing a single
family residence on the subject property.
March 27, 2013 the Board of Adjustment
granted a variance to permit single family
residence to exceed the 35 foot maxi-
mum building height by 6.67 feet.
Further details are available in the
Planning and Development Services
Department --Planning Division
The St. Lucie County Board of Adjust-
ment (BOA) has the power to authorize
variances from the dimensional require-
ments in accordance with the provisions
of Section 10.01.00, of the St. Lucie
County Land Development Code.
County policy strongly encourages pub-
lic input and comment at the public hear-
ing. You may also mail or email written
comments regarding this proceeding in
advance of the public hearing for inclu-
sion in the official record. Written com-
ments to the BOA should be received by
the Planning and Development Services
Department -Planning Division at least
3 days prior to the scheduled hearing.
Anyone with a disability requiring ac-
commodations to attend this meeting
may contact the SLC Community Risk
Manager at least 48 hours in advance
at 772.462,1646 orTDD 772.462.1428
Pro ect Manager
Staff Linda Pendarvis
Tel 772-462-1562
Email pendarvisl@stlucieco.org
Mail 2300 Virginia Avenue
Fort Pierce, FL 34982
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Foreign Account Number 11504098
Ad # 2641943
Ad Net Cost $67.62
Name (Primary) ST LUCIE COUNTY BOCC
Company (Primary) ST LUCIE COUNTY BOCC
Street 1 (Primary) ATTN: ACCOUNTS PAYABLE SUPE
City (Primary) FT PIERCE
State (Primary) FL
ZIP (Primary) 34982
Phone (Primary) (772) 462-1692
Class Code 9424SC - Notice of Meeting
Start Date 8/14/2014
Stop Date 8/14/2014
Prepayment Amount $0.00
Ad Sales Rep. 150 - Gertruida Zacharopoulos
Width 2
Depth 147
ST. LUCIE COUNTY BOARD OF
ADJUSTMENT
PUBLIC HEARING AGENDA
August 27, 2014
NOTICE OF PROPOSED VARIANCE
REQUEST
Notice is hereby given in accordant
with Section 11.00.03 of the St. Luc
County Land Development Code and
accordance with the provisions of tl
St. Lucie County Comprehensive Plt
that the following applicants have r
quested that the St. Lucie County Boa
of Adjustment consider the followir
request:
PURPOSE: Petition of Idlewild Hutchi
son Island, LLC for a variance from tf
provisions of Section 8.00.04(A) of tt
St. Lucie County Land Developmei
Code that permits a wall to be locate
in any required front yard provided th;
the wall does not exceed a maximui
height of four feet above the elevatic
of the center line of the adjacent roat
way. The petitioner proposes to cot
struct a four foot wall, two feet abov
the maximum height measured abov
the elevation of the centerline of th
roadway adjacent to the front propert
line in the HIRD (Hutchinson Islan
Residential District) Zoning District fc
the following residential property:
ADDRESS LOCATION/PARCEL IDENTIF
CATION NUMBER:
Location:Approximate ly 2/3 mile nortf
of Regal Road, on the east side of Stat
Road A1A on North Hutchinson Island,
Parcel I D:1414-310-0006-000/8
LEGAL DESCRIPTION: Government Lo
2, less the North 1,199.16 feet and Gov
ernment Lot 3, less the South 1300 feet
Lying East of State Road A1A and lyinc
and being in Section 14, Township 3,
South, Range 40 East, St. Lucie County
FL,
fhe public hearing on this item will be
held in the Commission Chambers
Roger Poitras Annex, 3rd Floor, St. Lu
cie County Administration Buildinn
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