HomeMy WebLinkAboutcoa.lu.rz.Johnson, Stan.1975 i
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RECORD OF PROCEEDINGS 100 Leaves
s.N C.,..WMEI O.I..1.CO.
Re.ular Meetin. As•en Plannin■ and Zonin• Commission December 9 ,. 1975
:...Land Use Dedication technique that is presently used.
the Planning and
yus . meeting of
--jcont'd) October 21, Stuller read
Zonings recommendations were from that set of minutes.
Also it is 6% of the land value.
City Attorney explained that you take the amount of .
dwelling units you are going to construct and from that
you determine how much acerage you have to dedicate
and the value of that acerage is premised on the market
value of the land. ,
Jenkins mentioned that they are evaluating the impact
on the City Park system in effect; not collecting
money for any other reason.
City Attorney Stuller mentioned that Goodheim is 'asking .
that a new theory is incorporated whereby housing
entities are enhanced as development projects to reduce .
the dedication requirements when you send up the
. dedication you endorse his approach. Kane mentioned
that Goodheim is coming forth with a proposed public
housing district which takes the existing zoning and .
asks for special benefits; it asks for increased density
per given . land value to depress the unit land cost per
dwelling unit. it depends on how you use the subsidy,
it depneds on if you review the subsidy as increased
density in order to reduce unit land cost. •
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Otte mentioned that he would not like to mix the two
issues together. Goodheim mentioned that he would take
and present this to Council.
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Hunt stated the reasons he would vote againstit; 1) it
is terriby inequitable in that it does not address
• improvements to existing structures that have not been .
subject to dedication,. 2) it is ambiguous when you
look at 700 Hopkins you say, well we ill get them on
their present uses, we've got you, 3) look at .new
victorian on the corner and you say now we got you
_again because it is potentially this I don' t like
attitude of money making. .
Jenkins explained what the ordinance is saying is that
the money is going to come from all new residential
uses and spread equally on the basis of a formula that
pretty much applies to the bedroom number of people.
types applied back to the cost of the land. The
-- - ---- -- --•-- principle of applying across the board equally. .
- Motion Goodheim made a motion to recommend the approval of
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amendments as stated by City Attorney Stuller in here .
memo; seconded by Abbott. All in favor; Goodheim,
Otte, Abbott, Jenkins and Dobie. Opposed, Hunt.
Motion carried.
Stan Johnson rezoning The following two requests were referrals from the
- request County Planning and Zoning. Jenkins felt that it is
Rubey Estates increasing a use in an area that at this time is not
Subdivision applicable. The Planning and Zoning Commission agrees .
with the County Planning and Zoning that the Stan
Johnson referral is inappropriate at the time and the
transit should be resolved and the tourist zoning is
premature for that.
,.,. " Rubey Estates, the City Planning and Zoning concurs
with the County R-30 area.
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itJeCiI r1Q111I111 j aziu 4o..J1L.L1&y uert1uDet
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Motion A,r .ott made a motion to adjo n; seconded by Hunt.
Meeting adjourned at 7 : 10 p.m.
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Eliza;eth M. lym, De! ty City Clerk
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P I TY I t1 I ;QTY PLANNING AND ZONING COMMI: ON
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RESOLUTION 75-
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WHEREAS, Stan Johnson has made application for rezoning
of 53,420 square feet of land at the base of Shadow Mountain from
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R-15, Residential to T, Tourist, for the stated purpose of build=
ing a "Depot Restaurant" centered around the existing Parlour
• Car Restaurant, and
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WHEREAS, on March 25, 1974 the zoning of said property
was changed by Pitkin County from T, Tourist to R-15, Residential
together with other significant zoning changes throughout Pitkin
County, and
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WHEREAS,it is the responsibility of the Pitkin County
Planning and Zoning Commission to review said rezoning applications,
and
WHEREAS, on September 17, 1975 the Pitkin County Planning
and Zoning Commission reviewed said application for rezoning as
presented by Mr. Johnson, A •
NOW THEREFORE BE IT RESOLVED, that. the Pitkin County Planning.
and Zoning Commission recommends denial of the rezoning request by
Stan Johnson for the following reasons:
1. The City-County line splits the property with
the contiguous City land being zoned R-6, Residential .
The existing R-15, Residential County zoning.
• is compatible residential zone to the surrounding .
City land zoned R-6. Tourist zoning on the
contiguous County property would not represent
an orderly and compatible transition zone to County
land.
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2. On March 25, 1974 , the zoning on said property
was changed from. Tourist to R-15, Residential .
The Planning Commi>; ion believes that this zoning
change ww, correct, and hereby incorporates the
• reasons and findings of the March 25, 1974,
Commissioners Resolution which justifies the •
present R-15 zone. •
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i� U T I ON
SIAP! V i :;'
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3. According to- the City of Aspen Engineer, David
Ellis, Hopkins Street has not been prepared
and paved to accomodate extensive traffic de-
mands which could be generated by additional
commercial development in the Shadow Mountain
area.
4. The existing Parlour Car Restaurant is non-
conforming and was installed without a Pitkin
County Building Permit. The liquor license
issued by the Pitkin County Commissioners con-
tains conditions for abatement of the restaurant
use.
Peter Guy, Chairman'
PTIKIN COUNTY PLANNING COMMISSION •
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Dated this P day of `uu , 1975.
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MEMORANDUM
TO: Pitkin County Commissioners
FROM: Planning Staff (HC)
RE: Stan Johnson Rezoning Request R-15 to Tourist at
Base of Shadow Mountain
DATE: January 8, 1976
On November 10, 1975, the PITCO. Commissioners tabled the rezoning
request in order to receive input from the City of Aspen and the
PITCO. Housing Authority. Referral comments have been received
from each of these agencies and are herewith attached. A letter
is also included from Sandy Stuller, City Attorney, discussing the
status of the vacation of Fifth Street.
The Aspen City Council has initiated a proposal for the downzoning
of contiguous land in the city from R-6 to R-15.
The Planning Office recommends denial of the rezoning request due
to the above concerns and those previously detailed in the Planning
and Zoning Resolution dated October 1 , 1975.
MEMORANDUM
TO: Pitkin County Commissioners
FROM: Aspen Planning & Zoning Commission (HC)
RE: Stan Johnson Rezoning Request R-15 to Tourist on
Shadow Mountain (Commissioners referral to City)
DATE: December 11, 1975
The Pitkin County Commissioners have referred the rezoning request
to the City Planning and Zoning Commission
December 9, 1975, the City P & Z
of the Pitkin County P & Z for denial of the request due to reasons
stated in the County Planning and Zoning Commission Resolution.
.:.� _..- 506 E. Main
DIRECTOR OF`HOUSING • )PXO XV1149X• ASPEN, COLORADO 81611 • PHONE: (303) 925-6612
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M E M O R A N D U M
N January 7, 1976
TO: Planning Office (Hal Clark)
0
U CC : Stan Johnston
N FROM: Brian L. Goodheim
RE: Stan Johnston Rezoning Request
The possibility of utilizing Mr. Johnston' s Smuggler Mountain
property as a housing authority sponsored project is remote at the
present time. The reasons for this posture include transit right-
of-way uncertainty, the non-existance of the proper zone category
and the high economic expectations of Mr. Johnston which would
imply a higher land use .
The site itself would lend itself well to a future project at
such time that the proper zoning is achieved , the transit quest-
ions answered, and a favorable deal could be arranged with Mr.
Johnston. I have appraised Mr. Johnston of these conditions .
Cr r ASPE
130 soil _aa street
aspen , u -u ) g' z do 81611
MEMORANDUM
DATE: December 3, 1975
TO: Hal Clark
FROMandra M. Stuller
RE: Stan Johnson Rezoning Request
The ownership controversy stems from the following
set of circumstances.
In July of 1972 the City, over Eve Homeyer' s signature
and by quit claim deed, conveyed to Stan Johnson the following:
That part of 5th Street in the City and Townsite
of Aspen, lying Southerly of the Southerly line
of Hopkins Avenue, Westerly of the Westerly line
of Lot A, Block 32 , in said City and Townsite, and
Easterly of the Easterly line of the most Easterly
lot in the unnumbered Block South of Block 25 in
said City and Townsite, County of Pitkin.
At the time of this conveyance, this street right-of-
way was shown as a platted street, and yet there is no evidence
that the street was ever vacated (and this is probably the only
way any interest in a right-of-way can be conveyed by a municipal-
ity) .
If the street were to be vacated, one-''alf of it would have
gone to each of the abutting owners, i.e. Shaw and Paepcke. sirs.
Paepcke ' s lawyer has inquired about the ownership of the right-of-
way and may make some claim for it in the future.
SS/pk
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ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
MEMORANDUM
TO: County Planning and Zoning Commission
FROM: Planning Office (HC)
RE: Rezoning Request - Stan Johnson Shadow Mountain
DATE: September 12, 1975
This is a request for rezoning of 53,420 square feet of land at the
base of Shadow Mountain from R-15 to T, Tourist for the stated'
purpose of building a "Depot Restaurant" centered around the existing
Parlour Car Restaurant. The Parlour Car is a non-conforming use
which although originally approved by the City of Aspen, was mistakenly
installed in Pitkin County without a building permit. The Pitkin
County Commissioners have issued a liquor license to the Parlour Car
subject to certain conditions which we are researching.
The recommendations of the Planning Office are as follows:
1. We feel that the findings of March 25, 1974
"Downzoning" were correct for this area. At
that time the zoning was changed from T, Tourist
to R-15, Residential .
2. The City/County Lane splits the property with
contiguous City land being zoned R-6. The
property should be annexed to the City before
development activity is commenced. Such annex-
ation would include review by the City for the
appropriateness of the zoning. Basically the
existing R-15 zoning is compatible to existing
contiguous City zoning of. R-6.
MEMORANDUM
Johnson Shadow Mt. Rezoning
September 12, 1975
Page Two
3. The status of ownership for 5th Street extended
is unclear, i .e. , is this City property?
4. Hopkins Street has not been prepared and paved to
accommodate intensive traffic demands.
5. The City/County Line is not shown on the applicants
survey.
6. We have received a minimal amount of application
data per our request. If the Planning Commission
wishes more information, the applicant must sub-
mit data according to Section 13 of the Pitkin
County Zoning Resolution.
With the above considerations in mind, the Planning Office recommends
denial of this request.
P.O. Box 406
Aspen, Colorado 81611
September 2, 1975
Planning Commission
Pitkin County
Aspen, Colorado 81611
Dear Sir: -
This is an application to reinstate the zoning designation "T-tourist"
to the property described in Exhibit "A", attached.
In 1974 while I was out of the country for six months, the zoning designation
was changed from "T-tourist" to R-15. At the time this property was under
contract to be used as a site for one or two of the Villa Buildings, to be
given a face-lift and fully remodeled into low cost employee housing. Because
of this zoning change, this project was lost and the valuable Villa Buildings
were destroyed for lack of a properly zoned site.
The Parlour Car Restaurant has been doing business on this property for the
past 3 1/2 years, an allowed use under the former "T-tourist" designation,
but not allowed in R-15.
The Parlour Car, because of its design, has very restricted working and food
serving spaces. To remedy this situation, it has been planned to compliment
the Parlour Car with an authentic depot or other railroad type structure.
But, under R-15 zoning, this is not allowed.
Therefore, it is requested that "T-tourist" zoning be reinstated to this
property so that an addition to the Parlour Car and a moderate form of
employee housing will be an allowable use.
This land will never be suitable for R-15, residential use. The area is
surrounded by lodges, apartments and may have a rail transit system through it.
Thank you for your cooperation.
Respectfully, /
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STA ORD Ai SON
Note: Water, sewer and electricity are installed and in use on the property.
PUBLIC NOTICE
REZONING SHADOW MOUNTAIN R-15 TO TOURIST
Notice is hereby given that a public hearing will be held on Nov. 10, 1975 at 1:30 PM
in the Pitkin County courthouse to consider the request of Stan Johnson
to rezone property located on Shadow Mountain from R-15, Residential to
T, Tourist. The property is more particularly described as follows:
A tract of land situated in the Southeast Quarter of Section 12, Town-
site 10 South, Range 85 West of the 6th P.M. being a part of the City
and Townsite of Aspen , the M.W. (aka Martha Washington) Lode Mining
Claim U.S.M.S. No. 5793 and the Mary B. No. 2 Lode Mining Claim U.S.M.S.
No. 19640 described as follows:
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Begining at corner No. 1 of the said M.W. Lode whence corner No. 8 of
said Townsite of Aspen bears South 60°58'30" E. 3,268.56 feet; thence
North 76°38' East 63.70 feet along line 1-5 of said M.W. Lode, to the
TRUE POINT OF BEGINNING; thence North 02°26' East 342.40 feet more or
less to the South line of Hopkins Street whence the point of intersection
of the said South line of Hopkins Street with line 6-1 of the Mary B.
Lode Mining Claim U.S.M.S. 5792 (unpatened) bears North 75°09' 1.1" West .
62.75 feet; thence South 75°09' 11" East 150.05 feet more or less along
said South line of Hopkins Street and its extension to the Northwesterly
corner of Lot A, Block 32 of said City and Townsite of Aspen; thence
Southerly along the Westerly line of said Lot A 66.77 feet more or less
to a point on line 3-4 of said M.W. Lode; thence South 55°16' East 66.69
- feet more or less along said line 3-4 to corner 4 of said M.W. Lode;
thence South 02°26' West 155.9 feet to Corner 5 of said M.W. Lode; thence
South 76°38' West 196.05 feet along line 5-1 said M.W. Lode to the TRUE
POINT OF BEGINNING, Pitkin County, Colorado.
All persons of interest are invited to attend the public hearing to -
express their views on the proposed change in zoning.
By Dwight K. Shellman, Jr.
Chairman
Pitkin County Board of
Commissioners
Published in the Aspen Times on October 2; 1975.
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ASPEN/ PITK _;% ing Department
%130 so `�, street
aspen , 81611
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MEMORANDUM
TO: Aspen Planning Commission
FROM: Planning Staff (HC)
RE: Stan Johnson Rezoning Request for property on Shadow Mountain
(53,400 sq.ft. )
DATE: November 25, 1975
This is a rezoning request in Pitkin County initiated by Stan Johnson
for 53,400 square feet of land on Shadow Mountain. The request is to
change the present R-15 zone to T, Tourist zone. The Pitkin County
Planning and Zoning Commission has acted on the request by recommending
denial . A copy of their resolution is enclosed in your packet. The
Pitkin County Commissioners requested the matter be referred to the
Aspen Planning and Zoning Commission for comment and to the County
Housing Authority for consideration for possible inclusion in the
housing program.
The Planning Office has recommended denial of the rezoning.
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
MEMORANDUM
TO: Pitkin County Commissioners
FROM: Planning Office (HC)
RE: Rezoning Request - Stan Johnson -Shadow Mountain
DATE: September 19, 1975
On September 17, 1975, the Pitkin County Planning and Zoning Commission
recommended denial of a request for rezoning by Stan Johnson (see
planning office memo attached). The resolution of denial has not
been signed by the Planning Commission.
At your September 22, 1975 meeting the Commissioners need to set
a date for public hearing for this rezoning probably Tuesday, October
20, 1975.
enclosure
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ASPEN/PIKTIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
MEMORANDUM
TO: Pitkin County Commissioners
FROM: Planning Staff (HC)
RE: Rezoning Request - Stan Johnson - Shadow Mountain
R-15 to T, Tourist
DATE: September 11, 1975
Pursuant to Section 12.03.02 of the Pitkin County Zoning Resolution
we enclose a letter of intent from Stan Johnson requesting rezoning
of his property on Shadow Mountain consisting of 53,420 square feet
from R-15 to T, Tourist.
The Pitkin County Planning and Zoning Commission will review said
request at their regular meeting on September 17 , 1975. Their
recommendation will be forwarded to the Commission for setting of
a public hearing after 30 days notice of time and place.
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STATE OF COLORADO
OUNTY OI' PITKIN
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AGREEMENT
• This Agreement entered into this the 7th day of
effective A.)ril 1 , 1974 ,
October, 1974 ,/by and between Parlour Car ,. Inc . , a
Colorado corporation , on the one hand (hereinafter called i,,
"Parlour. Car") and the Board of County Commissioners of
Pitkin County, Colorado, on the other hand (hereinafter
called "The Board" )
• W I T N E S S E T H :
1 . Whereas , Parlour Car made application to the Board
for approval by the Board for a beer, wine and spirituous
. liquor license, said application having been made under the
provisions of the Colorado Liquor Code , C .R.S . , 1963 , 75-2-1
through 75-2-5 ,- as amended; and
• 2. . Whereas , the Board granted conditional approval of
such license application , said conditions being set forth in
the minutes of the Board' s meeting of April 1 , 1974 .
Now, therefore, for and in consideration of the mutual
promises , agreements , covenants , and undertakings of the
• parties , which are set forth below, said parties agree as
follows : •
1. Parlour Car acknowledges that under the Board ' s
Zoning Resolution. of March 25 , 1974 , its restaurant opera-
tion located on the following described property located in
unincorporated Pitkin County :
A parcel of land located in Aspen Townsite and Lot XI
Sec . 12 , TlOS , R85W of 6 P.M. being part of the Nary
B. Lode 45792. (Mary B. Lode No. 2 419640) and the
Midland Railroad Right of Way ; more fully described
as follows :
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Beginning at a point on Line 6-7 Mary B. Lode and
south line of Hopkins Street (per survey notes Mary B .
Lode) being N 02° 26 ' E 324 ' from cor . 6 PIS 5792 .
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. Thence N 75° 09 ' 11" W 132 . 01 ft. along south line
• Hopkins Street
Thence S 14° 57 ' 40" W 156 . 07 ft.
• Thence S 75° 02 ' 20" E 325. 0 ft. along south line of
Midland Railroad right of way .
Thence N 14°. 57 ' 40" E 100 . 00 ft.
Thence N 75° 02 ' 20" W 180 . 45 ft. along north line of
the Midland Railroad right of way.
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Thence N 02° 26 ' E 57 . 68 ft. along Line 6-7 Mary B .
Lode MS;i5792 to the point of beginning.
Containing 0 . 925± acres ,
now constitutes a non-conforming use, even though prior to
March 25, 1974 , said restaurant operation was a lawful use •
under. the Board' s prior zoning resolution. Parlour Car further
acknowledges the Board' s lawful authority and power to rezone
said property .
rr 2 . Parlour Car agrees as a condition to the Board' s
approval of said liquor license application that it will f 77f7C .
abate and remove its restaurant operation in the minimum time ` ' 7
from the date of April 1, 1974 , as is required by Section X
of the Pitkin County zoning Resolution as it now exists or may
in the future be amended by the Board.
3. Parlour Car acknowledges that the approval of said
liquor license application does not constitute an approval
of . the Board of an increase in the size of its operation in
any manner.
4. In consideration of the acceptance of the conditions
set forth above and the promises , covenants and obligations of
Parlour Car the Board agrees to approve the aforesaid liquor
license application of Parlour Car on file with the Board.
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Given under our hands and seals the day , month and year
first above written.
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PARLOUR CAR, INC .
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ATTEST : f /
By
- W. Timothy Terral, President
��' tel: -_.� l.� =�_�> I .
'; _�L-�Secretary
"e .D. -
• The Board of County Commissioners
of Pitkin County, Colorado
ATTEST : /- -
By
\' • ( Chairman
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. County Clerk
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