HomeMy WebLinkAboutcoa.lu.ec.Lots Q-S/Blk 25.77-80%o
Madsen, Lots Q,R,S Block 25
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CASELOAD SUMMARY SHEET
City of Aspen
1. DATE SUBMITTED: IZ��2.,5 , STAFF: Am
2. APPLICANT:CY�IC (trv�1 M�► (vw ��1�1t�
3. REPRESENTATIVE: ag), ra(kf V' aj(\
4. PROJECT NAME: Madw Subdiyi my\ (x Qd iftl
5. LOCATION: C6 W Of % tars NgrS (Lb1S 16C�— Z, , CA (7 -FUW{1S)
6. TYPE OF APPLICATION:
Rezoning
P.U.D.
Special Review
Growth Management
HPC
(CcR^dnmmi Umi toi►
7. REFERRALS:
Attorney
Engineering Dept.
Housing
Water
City Electric
8. REVIEW REQUIREMENTS:
Subdivision
Exception
Exemption
70:30
Residential Bonus
Stream Margin
8040 Greenline
View Plane
Conditional Use
Other
Sanitation District School District
Fire Marshal Rocky Mtn. Nat. Gas
Parks State Highway Dept.
Holy Cross Electric Other
Mountain Bell
9. DISPOSITION:
P & Z. Approved / Denied Date �`T
1. Revision of the condominium plat prior to review by City —
Council to meet the specifications of the Engineering
Department; —
2. The applicant agreeing to construct curb, gutter and
sidewalk on both Hopkins Avenue and Fifth Street or
providing a covenant for each unit indicating their
agreement to join an. improvement district if one is
formed;
3 The applicante
g the requirement that existing
tenants have a ninety -day option to purchase their
unit and a right of first refusal of purchase offer;
4. The applicant meeting the requirement of six-month
minimum leases;
5. The applicant providing evidence that tenants have not
been required to move.involuntarily within the preceding
eighteen months; and
6. The applicant filing a deed restriction for five years
limiting rental of the identified unit w the }e eLsc,,t
Council
Approved ✓ Denied
Date a \�
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CITY OF ASPEN
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MEMORANDUM
TO: Bob Edmondson, Acting City Attorney
Dan McArthur, City Engineer
Jim Reents, City Housing Director
FROM: Alan Richman, Planning Office
RE: Madsen Subdivision Exception (Condominiumization)
DATE: December 15, 1980
Yes, that's right! The attached application requests exception from full
subdivision regulations for the purpose of condominiumizing a nine -unit,
multi -family structure. This item is scheduled for review by the Aspen
Planning and Zoning Commission on January 20, 1981; please get any comments
or recommendations to me by January 7, 1981.
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CITY #V ASPEN
130 south galena street
aspen, colorado 81611
MEMORANDUM
DATE: January 12, 1981
TO: Alan Richman, Planning Office
FROM: Bob Edmondson, Acting City Attorney
RE: Madsen Subdivision Exception (Condominiumization)
The applicant must comply with all the requirements of Sec. 20-22:
1. The purchase rights of the tenants.
2. 6-month minimum leases.
3. Minimal tenant displacement.
4. No involuntary displacement within the previous 18 months.
5. If , within the previous 18 months, any of the units have
historically rented for terms in excess of one month periods
at a price within the current guidelines for low, moderate and
middle income housing.
RBE:mc
MEMORANDUM
TO: Aspen City Council
FROM: Alan Richman, Planning Office
RE: Madsen Subdivision Exception (condominiumization)
DATE: February 3, 1981 APPROVED AS TO FORM: 11l/ , 0
Zoning:
Location
R-6 Residential
Lots Q, R and S, Block 25, City and Townsite of Aspen
(Hopkins Avenue at the corner of Fifth Street)
Lot Size: 9000 square feet
Applicant This application is for subdivision exception for purposes of
Request: condominiumizing an existing nine unit residential complex.
The applicant requests waiver of conceptual plan approval
by City Council and final plat approval by P & Z under the
provisions of Section 20-19 of the Municipal Code.
Engineering In their memorandum dated December 23, 1980, attached for
Department your review, the following comments are offered:
Comments:
1. The condominium plat should be revised to include
omitted information and correct mistakes identified by
the reviewing engineer.
2. The developer should construct curb, gutter and sidewalk
on both Hopkins Avenue and Fifth Street or provide a
covenant for each unit to insure that they will join an
improvement district if one is formed.
3. The development should provide 3 additional parking
spaces since it has only six off-street parking spaces
for the nine units.
Attorney's In his memorandum dated January 12, 1981, the Acting City
Comments: Attorney directs the Planning Office to investigate whether
the applicant has met the following requirements of Section
20-22 of the Municipal Code:
1. That existing tenants shall have a ninety -day option to
purchase their unit at the preliminary market value and
a right of first refusal of purchase offer;
2. That all units shall be restricted to six-month minimum
leases with no more than two Shorter tenancies per year;
K That there will be minimal tenant displacement as a
result of the condominiumization;
4� That tenants have not been required to move involuntarily
within the preceding eighteen months; and
5� That if any units in the development have rented in the
previous eighteen mo-,thsat a price within the current
guidelines for low, moderate and middle income housing
that they will continue to be available as part of this
supply following the condominiumization.,
Housing Verbal comments from the Housing Director indicate that he
Director's recommends approval of the applicant's request subject to
Comments: the filing of a deed restriction for five years limiting
rental of the identified unit as a middle income rental
unit.
• •
0 •
MEMO: Madsen Subdivision Exception (condominiumization)
Page Two
February 3, 1981
Planning
As a nine unit residential development in the R-6 zone, this
Office
is a nonconforming structure. There is no provision in the
Review:
Code preventing condominiumization of a nonconforming
structure. Additional Planning Office analysis indicates
that none of the rental units have rented for prices within
the low, moderate or middle income housing guidelines within
the previous eighteen months. Finally, since this applica-
tion is for condominiumization of an existing structure, there
is no provision in the Code to require that any additional
parking spaces be placed on the site.
Planning
The Planning Office recommends approval of the applicant's
Office
request for subdivision exception for purposes of condomiumi-
Recommendation:
zation subject to the following conditions:
1. Revision of the condominium plat prior to review by City
Council to meet the specifications of the Engineering
Department;
2. The applicant agreeing to construct curb, gutter and
sidewalk on both Hopkins Avenue and Fifth Street or
providing a covenant for each unit indicating their
agreement to join an improvement district if one is
formed;
3. The applicant complying with the requirement that
existing tenants have a ninety -day option to purchase
their unit and a right of first refusal of purchase
offer;
4. The applicant meeting the requirement of six-month
minimum leases;
5. The applicant providing evidence that tenants have not
been required to move involuntarily within the preceding
eighteen months; and
6. The applicant filing a deed restriction for five years
limiting rental of the identified unit within the middle
income housing price guidelines, as adjusted through
yearly price changes by City Council.
P & Z Action: At its regular meeting on January 20, 1981, the Aspen
Planning and Zoning Commission recommended approval of the
request for subdivision exception for the Madsen Chalet.
P & Z concurred with the first five conditions recommended
by the Planning Office, as indicated above. P & Z revised
the sixth condition to read as follows:
- "The applicant filing a deed restriction for five years
limiting the rental of the identified unit to the present
rent of $240 per month, plus annual price adjustments
by City Council.'.'
Finally, P & Z added a seventh condition to the approval,
to read as follows:
"The applicant agreeing to undergo a health and safety
inspection of the property to insure minimum compliance
with code provisions."
In response to these conditions, the applicant has submitted
a revised condominium plat which meets the specifications
of the Engineering Department and has submitted a letter
indicating that tenants have not been required to move
involuntarily within the preceding eighteen months.
• 0
MEMO: Madsen Subdivision Exception (condominiumization)
Page Three
February 3, 1981
Council Action: Should Council concur with the Planning Office and P & Z's
recommendation, the appropriate motion is as follows:
"I move to except the Madsen Chalet from full compliance
with the subdivision regulations for purposes of condominiumi-
zation subject to the following conditions:
1. The applicant agreeing to construct curb, gutter and
sidewalk on both Hopkins Avenue and Fifth Street or
providing a covenant for each unit indicating their
agreement to join an improvement district if one is
formed;
2. The applicant complying with the requirement that
existing tenants have a ninety -day option to purchase
their unit and a right of first refusal of purchase
offer;
3. The applicant meeting the requirement of six-month
minimum leases;
4. The applicant filing a deed restriction for five years
limiting the rental of the identified unit to the
present rent of $240 per month, plus annual price
adjustments by City Council; and
5. The applicant agreeing to undergo a health and safety
inspection of the property to insure minimum compliance
with code provisions."
LAW OFFICES
GIDEON I. KAUFMAN
BOX 10001
611 WEST MAIN STREET
ASPEN. COLORADO 81611
GIDEON I. KAUFMAN
DAVID G. EISENSTEIN December 1, 1980
Mr. Sunny Vann
City of Aspen Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Madsen Condominiumization
Dear Sunny,
TELEPHONE
AREA CODE 303
925-8166
This letter addresses the Ordinance 39 aspects of
the Madsen condominiumization application.
There are nine (9) units within this application.
Units 1, 2, 3 and 4 each contain 376 square feet. Units 5
and 6 each contain 523 square feet. Unit 7 contains 320
square feet and Unit 8 contains 410 square feet.
The following rents have been charged on these
units. Units 1-4 rent for $375.00 per month. Prior to
September 1 they rented for $295.00 per month. The present
rent, as well as the past rent, are well outside the low,
moderate -middle income guidelines. Units 5 and 6 rent for
$450.00 per month. Prior to September 1 they rented for
$360.00 per month. These units also exceed the low, moderate -
middle income guidelines. Unit 7 presently rents for $240.00
per month. Previously it rented for $225.00 per month which is
close to the low, moderate -middle income guidelines and the
Madsens are willing to rent restrict that unit for five (5)
years. Unit 8 rents for $380.00 per month and previously
rented for $300.00 per month. These figures all exceed the
low, moderate -middle income guidelines.
Sunny Vann
December 1, 1980
Page Two
The ninth unit in the condominiumization is the
Madsen residence. It has been the family residence for more
than ten (10) years and has three (3) bedrooms and one (1)
bath. Because of the owner occupancy nature of it, this
unit falls outside the purview of Ordinance 39.
If you need any additional information, please feel
free to contact me.
Very truly yours,
-
O-L
Gideon Kau n
GK kw
0 •
APPLICATION FOR EXCEPTION
FROM
SUBDIVISION REGULATIONS
Request is hereby made on behalf of George Madsen and
Martha Madsen, (hereinafter collectively referred
to as "applicant") under §20-19 (a) of the City of Aspen,
Colorado, subdivision regulations for approval through the
subdivision exception process of applicant's plan for
condominiumization with respect to real property described
as:
Lots Q, R and S,
Block 25,
City and Townsite of Aspen
City of Aspen,
Pitkin County, Colorado
An exception in this case would be appropriate.
The application involves subdivision of an existing
structure. Requiring strict compliance with subdivision
regulations for the subdivision of a lot with a nine-plex
on it creates conditions which will deprive the applicant of
reasonable use of land. If this exception application is
granted, owners of the property will have a common interest
in the land; and there will be either a condominium declaration
or use and occupancy agreement applicable to the property
which will not in any way increase the land use impact of
the property. An exception in this case will not conflict
with the intent and purpose of the subdivision regulations
which are directed to assist the orderly, efficient and
integrated development of the City of Aspen, to ensure the
(proper distribution of population, to coordinate the need
(for public services and to encourage well planned subdivisions.
The granting of this application will not undermine
the intent of the subdivision regulations, as it is clearly
within the area intended for exception under §20-19. The
building is already in existence, and there will be no
change in density, which is presently in line with the
desired population density for the property.
A follow-up letter addressing the Ordinance 39
aspects of this application will follow.
The applicant would appreciate your consideration of
this application at your next regular meeting.
Dated: November `�� 1980.
LAW OFFICES OF GIDEON KAUFMAN
L
By 4
Gideon Kau a
Attorney for Applicant
611 West Main Street
Aspen, Colorado 81611
(303) 925-8166
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CITY CD,11F ASPEN
130 south galena street
aspen, eolorado 81611
TO: Alan Richman, Planning Office
FROM: Louis Buettner, Engineering Departmen
41��-Oe
DATE: December 23, 1980
RE: :Madsen Subdivision Exception
After reviewing the application material and having made a site inspection,
the Engineering Department has the following comments:
1. The condominium plat has numerous corrections and omissions. The omissions
and corrections will be supplied by the Engineering Department to the
person making correction upon their request.
2. The developer should construct curb, gutter, and sidewalk on both
Hopkins Avenue and Fifth Street; or covenant each condominium unit to
join an Improvement District not restricted to curb, gutter, and
sidewalk.
3. This development has but six off-street parking spaces. Additional
parking can be provided so as to eliminate cars from street parking.
The Engineering Department recommends approval of this subdivision exception
with the condition that the final plat map and condominium declaration are
approved by the Engineering Department prior to its being placed on Councils
Agenda for final subdivision approval.
40
LAW OFFICES
GIDEON I. KAUFMAN
BOX 10001
61 1 WEST MAIN STREET
ASPEN, COLORADO 81611
GIDEON I. KAUFMAN TELEPHONE
AREA CODE 303
DAVID G. EISENSTEIN February 5, 1981 925-8166
Alan Richman
Aspen Planning Office
130 South Galena Street
Aspen, Colorado 81611
Re: Madsen Condominiumization
Dear Alan,
This letter is written to you as a follow-up for the
Madsen condominiumization. Please be advised that no tenants
have been displaced as a result of this condominiumization.
The only turnover that has occurred in the past two (2)
years at the Madsen apartments has been a result of natural
attrition and for no other reason.
If you need additional information, please feel
free to contact me. Martha Madsen will be at the meeting
available to answer any questions should they arise.
Very ruly yours,
Gideon Kaufman
GK kw
ASPEN/PITKIN PLANNING OFFICE
130 South Galena Street
Aspen, Colorado 81611
LAND USE APPLICATION FEES
County
00100 — 63711 09009 — 00000
63712
63713
63714
63715
63716
63717
City
00100 — 63721 09009 — 00000
63722
63723
63724
63725
63726
PLANNING OFFICE SALES
00100 — 63061 09009 — 00000
63062
63063
Name:—
Address: —
Check No. —
Receipt No. P
Subdivision/PUD
Special Review
P&Z Review Only
Detailed Review
Final Plat
Special Approval
Specially Assigned
Conceptual Application
Preliminary Application
Final Application
Exemption
Rezoning
Conditional Use
County Land Use Sales
GMP Sales
Almanac Sales
Copy Fees
Other
Project: r '
Phone:
Date:
CONDOMINIUM MAP OF
MADSEN CONDOMINIUMS
LOCATED ENTIRELY ON t_OT5 Q,R AN05 5LOCK 25 CITY OF ASPEN
PITKIN CO. COL-ORADO
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• F'N0. SURVEY MON. AS DEZCRIBE0
CALLS IN ( ) RECORD
IZLEVATI0N5 6A5EO ON THE 19-15 CITY OF
ASPEN AERIAL SURVEY ON ATB.M.0F -1c)a
I-IMITE D COMMON ELEMENT
GENERAL COMMON ELEMENT
0" SANITARY 5EWER LOCATED IN ALLEY
FROM WRIGHT MGLAUGHLIN 5ANI-TA7ION MAP
b%Z'STEEL WATER LINO. IN HOPKIN5AvE.
AND A 8" C.T WATER LINE. IN 5. PIFTH ST.
FROM CITY OF ASPEN WATER SYSTEM
TWO GA5 LINES LOCATED IN ALLEY
ONE Co" INTE=.RMEOIATE ANp A -A" LOW
PRF!E'�UR��' LOCANTEC) BY PHC>NC.
PROM ROCK MOUNTAfN NATURAL_ C-PA
ZONING R- C
+ FNID OR SET SP1KE OR RCUNO PEP,,D
Q -5 RE -BAR WICAP L.S. IG12G TO BE SET
OWNERS CERTIFICATE
AS OWNER(S) OF L-OT5 q,R,AND S, BLOCK 2.5,CITY OF
ASPEN, COLORADO, HEREBY CERTIFY THAT THIS PLAT OF THE NIAOSEN CONDOMINIUMS
HAS BEEN PREPARED PURSUANT TO THE PURPOSES STATED IN THE CONDOMINIUM DECLARATION FOR
SAID CONDOMINIUMS DATED THIS DAY OF AND RECORDED IN BOOK
ON PAGE OF THE RECORDS OF THE CLERK AND RECORDER OF THE COUNTY OF ,
STATE OF COLORADO.
CO
STATE OF COLORADOj
00
S.S.
COUNTY OF PITKIN Ij
THE FOREGOING OWNERS CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
O
19 , BY AS OWNER(S).
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WITNESS MY HAND AND OFFICIAL SEAL
In
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MY COMMISSION EXPIRES: NOTARY PUBLIC
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SURVEYOR'S CERTI FICATE
1, DAVID W. MC BRIDE (SURVEY ENGINEERS, INC.), A REGISTERED LAND SURVEYOR, HEREBY CERTIFY
AS FOLLOWS; IN OCT. 1980 A SURVEY WAS MADE UNDER MY DIRECTION AND SUPERVISION, OF LOTS O,R,BS,
BLOCK 2.5 CITY OF ASPEN STATE OF COLORADO, AND FOUND THEREON A(N) EXISTING
LOCATED ENTIRELY WITHIN THE BOUNDARY LINES OF SAID DESCRIBED PROPERTY AS SHOWN ON THIS
`
PLAT (BASED ON THE FIELD EVIDENCE SHOWN AS FOUND). THE LOCATION AND DIMENSIONS OF THE
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BOUNDARY LINES, BUILDING, AND IMPROVEMENTS, IN EVIDENCE OR KNOWN TO ME ARE ACCURATELY
SHOWN ON THIS MAP, AND THE MAP ACCURATELY AND SUBSTANTIALLY DEPICTS THE LOCATION AND THE
HORIZONTAL AND VERTICAL MEASURSEMENTS OF THE BUILDING, THE CONDOMINIUM UNITS THEREIN, THE
UNIT DESIGNATIONS THEREOF, THE DIMENSIONS OF SAID UNITS, AND THE ELEVATIONS OF THE FINISHED
FLOORS AND CEILINGS.
1 Z.' s /80
DATE DAVID W. MC BRIDE, REGISTERED LAND SURVEYORF, NO 6129
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STATE OF COLORADO 1
)1 S.S.
OF PITKIN
ujCOUNTY
THE FORGOING SURVEYOR'S CERTIFICATE WAS ACKNOWLEDGED BEFORE ME THIS DAY OF
I , I
, 198_ BY DAVID W. MC BRIDE.
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WITNESS MY HAND AND OFFICIAL SEAL
MY COMMISION EXPIRES NOTARY PUBLIC
C D
•
DATE
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PLANNING & ZONING APPROVAL
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THIS PLAT OF CITY OF ASPEN, WAS APPROVED BY THE CITY
OF ASPEN PLANNING & ZONING COMMISION THIS DAY OF 11980.
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CHAIRMAN
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TY ITY COUNCIL APPROVAL
AS CI
THIS PLAT OF CITY OF ASPEN, WAS APPROVED BY THE CITY
COUNCIL OF ASPEN THIS _DAY OF , 1980.
ATTEST
MAYOR
CITY CLERK
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CITY ENGINEERS APPROVAL
THIS PLAT OF CITY OF ASPEN, WAS APPROVED BY THE CITY
OF ASPEN DEPARTMENT OF ENGINEERING, THIS DAY OF '1980.
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CITY ENGINEER
CLERK & RECORDER'S ACCEPTANCELij
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ACCEPTED FOR FILING IN THE OFFICE OF THE CLERK AND RECORDER OF THE COUNTY OF PITKIN LJ
PITKIN, STATE OF COLORADO, A7 O'CLOCK_.M.,THIS DAY OF
IN PLAT BOOK AT PAGE RECEPTION NO. f1
CLERK AND RECORDER
INDEX
SHEET NO. I C ERTI r ICATES V iGI N ITY MAP, 51TE PLgN
2 FLCXOR PLAN
JOB NO.
SHEET I OF 4 ���� -�`—
F, -
II=INI5H
r-L.00R
-7aW-i-F� ROOF PCA1S
SOUTH ELEVATION
79'411 ROOF
-793z$ C- Irr.IS0 r-1_o0R
7921-f 8 FINISH FI_0017Q,
C;,40 ROOF 1=LEV.
7931 C j=1NlSH FL-OoR
7y'Z3ra 1= I N I 1� I4 P- LcD(oR
o � s
2 G 10
SCALE 111 = 41
SHEET 4 OF 4
FIRST FLOOR
WEST BLDG. BASEMENT PLAN
WEST BLDG.
STAIRS
OOW N
G . C. E .
SECOND FLOOR
WEST BLDG.
SCALE I" = 5 '
SHEET 2 OF 4
STAITIS UP
STAIRS L70WN
e3 c. E.
(1( CRAWL_
U
Z
L)N1T 1 UN IT 2 ' G. c. E-
Q,q W S• 25 "
37r- ± SR. rT. N 37G + Sq. Fr. N
U
N U. t301 LER
V
Z Y ROOM,
0
U 3 �. c. e. :
Q L..e O
f30ItER U
R M. DOO
G.C.E.
l 5.93
U
CRAWL_
SpAcF
u
U Y UNIT 4 �-
�, UN IT 3 Z
n
373 Sq.1=r. 373 i Sq. Fr. n W
Q N U
3 N J
1
U �
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Q
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it
Q
U i
i
S'TP.1fR.S �.�•>_. BASEMENT
DOWN STAIRS
oWN EAST BLDG.
DECK Cn. C. E.
G.c.E.
DCCIS
UN1T Co
UNIT 5
52-3 i Sq. Fr. 523
N 4) \�
coil N
� V
p
rW 5
J Q
Lo
COtvc. \NAI_K DECK L-.C.E. UN1-T ro
G.C.E..
FIRST FLOOR SECOND FLOOR
EAST BLDG. EAST BLDG.
SCALE III = 5'
SHEET 3 OF 4