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HomeMy WebLinkAboutlanduse case.boa.901 E Hyman Ave.017-74 ^ "'- APPEb..L 'I'D r.Ot'.nr..: OF ~(Y<I::G I\Dl..rUt..~T~'a~I~'r I: Z:\918U *** 1'.1 OJ)!' CITY OF ASPEN DATE May 21, 1974 CASE NO. APPELLANT Chateau Blanc ADDRESS 901 East Hyman Street Aspen, Colorado 'OWNER Chateau Blanc Condominium ASSOC1>.ODRESS p. O. Box 2360 Asnen. Colo. 81611 LOCATION OF PROPERTY Lots A,B,and C, Block 35, East Aspen Addition to the Cft and townsite of Aspen, an par 0 at ,Block 117 As n Townsite. Pitkin County. Colo. Street & Number of Subdivision Blk. & Lot No.) Building Permit Application and prints or any other pertinent data must accompany this application, and will be made a par~ of CASE NO. The Board will return this application if it does not contain all the facts in question. Description of proposed exception showing justifications: See attached sheet SIGNED ellant ../ . ,. . Fred . mith;for the Cl\6.t~eau Blanc Condort'inium Association Provisions of the Zoning Ordinance requ~r~ng the Building Inspector to forward this application to the Board of Adjustment and reason for not granting permit: Application is made for a building permit to build one unlimited dwelling unit and one limited dwelling unit. The proposed dwelling units are in a building that presently exceed:fhe maximum density requirements. A non_conforming use of land or of a building or any portion thereof shall not be extended. Sec. 24-l0(e) "Extensions" / .iF ~~~.\ Si ned ~ DECISION DATE Status PERMIT REJECTED, DATE APPLICATION FILED DATE OF HEARING MAILED Secretary "-' /',", "-..~. NOTICE OF PUBLIC HEARING Case No. 74-17 , BEFORE THE CITY OF ASPEN BOARD OF ADJUSTMENT TO ALL PROPERTY OWNERS AFFECTED BY THE REQUESTED ZONING OR USE VARIANCE DESCRIBED BELOW: Pursuant to the Official Code of Aspen of June 25, 1962, as amended, a public hearing will be held in the Council. Room, City Hall, Aspen, Colo- rado, (or at such other place as the meeting may be then adjourned) to consider an application filed with the said Board of Adjustment requesting authority for variance f~om the provisions of the Zoning Ordinance, Chapter 24, Official Code of Aspen. All persons affected by the proposed variance are invited to appear and state their views, protests or objections. If you cannot appear personally at such meeting, then you are urged to state.. yo~views by letter, particularly if you have objection to such variance, as the Board of Adjustment will give serious consideration to the opinions of surrounding property owners and others affected in deciding whether to grant or deny the request for variance. The particulars of the hearing and of the requested variance are as follows: Date and Time of Meeting: Date: Time: June 6, 1974 3:00 p.m., City Council Chambers Name and address of Applicant for Variance: Name: Chateau Blanc Condominium Association Address: P. O. Box 2360, Aspen, Colorado Location or description of property: Location: 901 E. Hyman Description: Lots A, B, C, Block 35, East Aspen Addition & part of Lot A, Block 117 Aspen Townsite, Variance Requested: Request to build one unlimited dwelling unit and one limited dwelling unit. Proposed dwelling units are in a building that presently exceeds the maximum density requirements. Code provides that a non-conforming use of land or of a building or any portion thereof, shall not be extended. Duration of Variance: (Please cross out one) T~WR2xjm{ Permanent THE CITY OF ASPEN BOARD OF ADJUSTMENT t J~ / ,JuL~/ . Chairman by Leg BY /"" , . / V chateau blanc LUXURY RESORT CONDOMINIUMrP.O. BOX 2360. ASPEN, COLORADO 81611/303/925-1441 To the Board of Zoning Adjustment Re: Employee Housing The Chateau Blanc Condominium Association proposes to build a one bedroom apartment for the resident manager and a studio apartment for its maids. The proposed construction is in response the problem of service personnel housing. Several Public officials and Staff members have expressed the view that the best solution to the broblem is to have the employer provide the housing for his own employees. This keeps the City out of the subsidized housing field and places the economic burden on those that cause the problem. To allow employers to solve their own problem it may be necessary to allow some concessions in the form of variances to allow improvements to buildings which are now non conforming due to changes in zoning. Chateau Blanc recognizes its responsibility to house its own employees and is able to justify the expense to its owners. Accordingly, we presented this plan to the Planning and Zoning Commission in Concept under Ocdinance 19 reviewproceedures and received unanimous approval of the members present. P and Z did, however, suggest that we should go' to the Board of Adjest- ment to consider the problems of "extending a non-conforming building" and "required parking" . First, a variance is requested to permit the construction of two employee apart- ments in the "tunnel area" of Chateau Blanc. We believe that the granting of this variance will not adversely affect the general purpose of the comprehensive general plan, in fact will further one of the main policies of Ordinance 19, i. e. Increase the number of housing units constructed for permanent employees. Due to the original design of Chateau Blanc, employee housing can be provided without in- creasing the height or bulk of the building. Note also that the guest capacity of the building will not be increased and the Association is willing to am mend its Declaration or take any other legal action the City Attorney may suggest to insure that these units do not become tourist rental units. We also believe that their size and layout will preclude their use as tourist accomodations. Second, a v.ariance is requested to waive the requirements of providing additional parking spaces as required by Code. Practical Difficulties prevent the construction of additional parking spaces on the site. Effective parking spaces will be increased by one space by the inclusion of a storage room in the improvements which will allow the one undercover space now used for storage to be returned to its intended use as a parking space. Several additional spaces could be provided by removing existing landscapeing. Our experience indicates that 12 useable spaces are ample for our guests automobiles. We would prefer to leave these spaces landscaped and agree to provide these spaces if necessary or to participate in any futL~re parking district. Finally, we believe that construction of these improvements will permit us to aHract employees that are not dependent on the automobile. .... - .",.~, ,"",", RESOLUTION OF THE ASPEN BOARD OF ADJUSTMENT WHEREAS, the Chateau Blanc Condominium Association is the owner of the following described tract located in Pitkin County, Colorado, to wit: Lot A, Block 117 of the City and Townsite of Aspen and Lots A, B, and C of Block 35 of the East Aspen Addition to said Townsite, and WHEREAS, said Association has applied for a building permit to construct an employee housing unit within a presently unoccupied tunnel on said property, which develop- ment will create on the site a density in excess of that presently allowed by the Aspen Municipal Code, more particularly Chapter 24 therein, and WHEREAS, the Aspen Board of Adjustment desires to grant a variance to said code but to condition said grant as hereinafter specified, NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ADJUSTMENT OF THE CITY OF ASPEN, COLORADO: 1. There be and hereby is granted a variance from the density limitations of the Aspen Zoning Code for the above described applicant for the purposes of constructing a maid's quarters in the existing tunnel on the site of the Chateau Blanc Condominium within the City of Aspen, Colorado. 2. That said grant is premised upon the satisfaction by the applicant of the following conditions: a. The construction on the premises shall be limited to one unit (of not more than ~~cD square feet) to house not more than four r ~ ~:::~:n :r:a '::':0:':::: 't::~::Y a::: tiona' v:;V ~~ square feet; maids employed by the applicant; and in , b. The applicant withdraw from rental use one condominium unit and dedicate the same to permanent manager's quarters; ... )"'... )"".,,, ~~ c. If a unit is leased to satisfy the above requirement, as opposed to immediate purchase by the Association for said purpose, the unit shall not be sold or returned to another rental use until the lease (hereinafter provided for) shall lapse or the manager is housed in a different unit on the premises; d. At its first opportunity, the Association shall purchase a unit on its premises and convert the same to a permanent manager's quarters. For purposes of t.his section, the occurrence of the "first opportunity" shall be determined by the city attorney taking into consideration (1) the f1nancial condition of the Association, (2) the time and manner (meaning terms of sale) at which condominium units become available, (3) the suitability of available units for managerial housing and (4) the desires of any acting condominium manager as to his preference in living quarters. e. If at any time the manager shall be residing in a leased unit and said lease shall lapse prior to purchase of a unit as described in Paragraph d, all areas constructed as herein- above provided for shall be immediately vacated; f. No building permit shall issue until an appropriate lease for manager's quarters be drafted and presented to and accepted by the city attorney; or a purchase agreement for the same be approved by the city attorney; and , ,....... ...... ... ' g. Finally, that the applicant shall be excused from providing the two additional parking spaces that are lost by development of the tunnel area for human occupation. FINALLY APPROVED AND ADOPTED on the day of , 1974. John Dukes, Chairman Aspen Board of Adjustment '. , duly I, appointed and acting deputy city clerk, do hereby certify that the foregoing Resolution was officially adopted and approved by the Aspen Board of Adjustment at its meeting held , 1974. Deputy City Clerk , ", RECORD OF PROCEEDINGS 100 Leaves 'ORII!II C. ,.1l0EClfEI.I. 8.111.. CO. Regular Meeting Aspen Planning & Zoning May 7, 1974 Applicant stated that they feel they need some sort of access from either Main Street or from across the alley. Vroom stated that the open space required is 1125 sq. ft. and have provided 1150. Main Motion All in favor, motion carried. Vroom questioned the possibility of conceptual and pre- liminary approval at this meeting. Schiffer stated can combine all sary hardship. was not on the it would be to see what comes that under the ordinance, the Commission three stages providing there is unneces- Stated that the only problem is that it agenda for the other stages. Suggested that the applicant's benefit to hold back and out of the parking situation. Stanford suggested that the applicant submit brick samples to the HPC. Vroom stated that he would be willing to bring in several alternatives, but it was too early to determine exactly which brick would be used. Fred Smith Remodel Ms. Baer explained that this would be an addition to the Chateau Blanc - adds manager's apartment and maid's quar- ters. Submitted plans of the proposed addition. Ms. Baer pointed out that the Chateau Blanc was built with a tunnel through the center of the building at grade level, the purpose being originally for parking. Stated that the request is to build a manager's unit, maid's room, laundry and storage within the tunnel area. Smith stated that the parking space in the tunnel is now unuseable because other cars block the tunnel. Stated that it is only possible to park in the tunnel when there is no one parked in the front parking. Smith further stated that it was his consideration that they do have ample parking for their short term tenants. Vice Chairman Schiffer questioned how many spaces are cur- rently provided. Smith stated that there currently 13 spaces - six across the fronb and 7 in the back. Will not be eliminating any parking spaces, but will, in fact, be gaining one space. Indicated one parking space which was converted into a storage space which would be reconverted into a parking space if the addition were built. Ms. Baer stated that you could not reduce the number of parking spaces but must at least retain the number at which approval was given. Smith stated that he thought the building was approved for 15 parking spaces. Jack Jenkins arrived. Smith pointed out that it is tourist accommodations and the concensus is that you do not need one space per apart- -10- ,: RECORD OF PROCEEDINGS 100 Leaves 'OllMl'l C'.'.HOfCKfL8.... L. to. Regular Meeting Aspen Planning & Zoning May 7, 1974 ment for tourist accommodations. Stated that from a prac- tical point of view, will be gaining one parking space plus employee housing. Smith stated that the addition would comply with Ordinance' #19 for the following reasons: (1) Improvements will not result in increased guest capacity; (2) Access, fire pro- tection and water pressure will not be affected by these improvements; (3) Building bulk or height will not be in- creased; and (4) Effective off-street parking will be in- creased by one space. A space now used for storage will be availabel for parking when the improvements are com- pleted. Note the original plans called for parking in the tunnel area, but this was not used because of access pro- blems. Smith further stated that they feel that this plan should be approved in concept because it does' not increase guest capacity and does not increase the bulk or height of the building. Approval would also demonstrate that the Com- mission does want to encourage employers to provide on- site housing for their employees. The improvements will be owned by the condominium association and they could amend their declaration to insure that these improvements never become tourist accommodations. Also believe this will reduce congestion in the area, as they will be able to attract employees that are not dependent on the auto- mobile. Smith pointed out that there was one other parking space which had been landscaped rather than used for parking. Vice Chairman Schiffer stated that under the requirements of the Code, the applicant must provide 15 spaces. Stated that the applicant would have to go before the Board of Adjustment. Further pointed out that the applicant would be creating two additional units, so would probably be 're- quired to provide more parking than the original 15. Ms. Baer pointed out that the other problem was with the across the curb parking - would like sidewalk along there. Have not calculated what affect that would have on the six spaces. Smith stated that hind the parking. walk district. he felt there was room for sidewalk be- Would agree to go along with any side- Ms. Baer stated that the Planning Office feels that, as a tourist use, would prefer to see fewer parking spaces pro- vided on the site. Felt the employee housing is preferablE to the extra parking spaces. Feel the Commission should make no representation to the Board of Adjustment. Smith stated that putting a manager's unit in would solve his ski theft problems and will solve the problem of peo- ple parking behind other people, etc... Smith stated that he did not think that they ever had a night where all the back undercover spaces were used. Felt that on the average, have about 6 cars a week that belong to guests. Did not feel that they had ever had one car for every unit. Smith stated th,1t- the addition would be compatible with tb i - { ! ".'", ,,~' RECORD OF PROCEEDINGS 100 Leaves FOIl'" 5e C.,. Ha~CKEL B. B. . L_ to. Regular Meeting Aspen Planning & Zoning May 7, 1974 existing building. Ms. Baer questioned if the condominium association would consider purchase of one of the units as association owned for the manager. Smith stated that they have considered this possibility, but the problem is trying to obtain a ground floor unit when it is available. Has not worked out successfully. vice Chairman Schiffer questioned the possibility of ad- ding the manager's unit and forgetting about the maid's unit and adding another parking space. Smith stated that this would not be adding another park- ing space. Collins stated that he felt in this area there was a great- er need than one space per unit. Pointed out that in this area, could conceivably change from tourist accommodation to permanent resident housing. Landry stated that she agreed with Smith as far as the parking was concerned, but was concerned with the addi- tion of more units because of the density. Johnson made a motion to give the project conceptual ap- proval with the condition that the parking question be resolved. Motion seconded by Landry. Ms. Baer suggested that the applicant go to the Board of Adjustment next. Smith stated that they have every intention of keeping this project for tourist accommodations, in which case there is adequate parking. Main Motion All in favor, motion carried. AEM - 8 Unit Apartment Ms. Baer stated that she had building plans since this project was proposed to be built last summer. Ms. Baer stated that the request would be for 8 studio units, long term housing. Applicant stated that there are six parking spaces. Ms. Baer stated that this would not be adequate under cur- rent zoning. Pointed out that this was in the mixed- residential district. Further pointed out that the con- siderations of the Planning Office were: (1) density- Proposal is for maximum density under current zoning. Block is presently a mixture of single fmaily, multi- family and 1 lodge; and (2) parking - on site parking space for each bedroom should be provided. Ms. Baer pointed out that densities have not been deter- mined for this area. Applicant stated that since the site is surrounded by multi-family dwellings, feel that this proposal fits into the neighborhood. Johnson stated that he felt there would be a downzoning in that area which would cut down on the density. Peacock stated that it was designed for the density which -12- ,,"'.. chateau blanc LUXURY RESORT CONDOMINIUM/P.O. BOX 2360. ASPEN. COLORADO 61611/303/925-1441 To the Board of Zoning Adjustment Re: Employee Housing The Chateau Blanc Condominium Association proposes to build a one bedroom apartment for the resident manager and a studio apartment for its maids. The proposed construction is in response the problem of service personnel housing. Several Public officials and Staff members have expressed the view that the best solution to the broblem is to have the employer provide the housing for his own employees. This keeps the City out of the subsidized housing field and places the economic burden on those that cause the problem. To allow employers to solve their own problem it may be necessary to allow some concessions in the form of variances to allow improvements to buildings which are now non conforming due to changes in zoning. Chateau Blanc recognizes its responsibility to house its own employees and is able to justify the expense to its owners. Accordingly, we presented this plan to the Planning and Zoning Commission in Concept under Ordinance 19 reviewproceedures and received unanimous approval of the members present. P and Z did, however, suggest that we should go to the Board of Adjust- ment to consider the problems of "extending a non-conforming building" and "required parking" . First, a variance is requested to permit the construction of two employee apart- ments in the "tunnel area" of Chateau Blanc. We believe that the granting of this variance will not adversely affect the general purpose of the comprehensive general plan, in fact will further one of the main policies of Ordinance 19, i. e. Increase the number of housing units constructed for permanent employees. Due to the original design of Chateau Blanc, employee housing can be provided without in- creasing the height or bulk of the building. Note also that the guest capacity of the building will not be increased and the Association is willing to ammend its Declaration or take any other legal action the City Attorney may suggest to insure that these units do not become tourist rental units. We also believe that their size and layout will preclude their use as tourist accomodations. Second, a variance is requested to waive the requirements of providing additional parking spaces as required by Code. Practical Difficulties prevent the construction of additional parking spaces on the site. Effective parking spaces will be increased by one space by the inclusion of a storage room in the improvements which will allow the one undercover space now used for storage to be returned to its intended use as a parking space. Several additional spaces could be provided by removing existing landscapeing. Our experience indicates that 12 useable spaces are ample for our guests automobiles. We would prefer to leave these spaces landscaped and agree to provide these spaces if necessary or to participate in any future parking district. Finally, we believe that construction of these improvements will permit us to attract employees that are not dependent on the automobile. """''''- J. Nicholas McGrath, Jr. Post Office Box 3707 Aspen, Colorado 81611 June 4, 1974 City of Aspen Board of Adjustment Post Office Box V Aspen, Colorado 81611 Re: Case #74-17--Chateau Blanc Request for Variance Ladies and Gentlemen: I am the owner of a condominium and reside at 835 East Hyman, directly across the street from Chateau Blanc. I am also president of the condominium association there (Hy-West). I am writing this letter to oppose Chateau Blanc's request for a variance, as I will be out of town when the variance is heard. Any extension of buildings in our area to provide an increased number of dwelling units is, in my opinion, undesirable. In high seasons, parking is a distinct prob- lem, and that problem will be exacerbated by the city's present policy of eliminating off-street parking in new buildings built in the commercial core area, which area begins but one block from my home. I believe also that the code provision, a common zoning law provision, that a non- conforming use be not extended, ought, in most circumstances, to be strictly construed. I will surely acknowledge the need for employee housing, and my opposition would be reduced if only one small unit is to be built and the owners and condominium association will enter into a strict agreement with the City providing that the unit is to house low income employees only, such as maids. I don't see any necessity for a second housing unit for a manager. - "~'" City of Aspen Board of Adjustment June 4, 1974 Page 2 It seems to me there may also be a question as to the appropriate applicant for the variance. Generally speaking, a condominium association only has a managerial interest in the common elements of a condominium, but not an ownership interest. Thus, on that view, the appropriate party,to seek the variance would be the owners of condominiums jointly, unless those owners have clearly delegated the association to act for them in this instance. Sincerely, -.J l)IJA..,(1M /J tGviIL C . J. Nicholas McGrath,} Jr. JNM:jg t\,... "'fi ,~ 'J '. :::; ,,' ) ~ ~ , )... '): <\) " , N " "'-"-'l'-,~y ..""~ ~ ~ ~ .._~H.___'- 'If". -I .... I \'. l " l I . I I ~~' . IJ ~ ~ !)t, ,. ~~ ;~~ ,iG!f,,;,,. ","1}.-, ~ ~ " ". '"'....: "" (, '. ,. '. ii" :,>~&h; ~ i..' 'f," , ~, ~f',/: ~ ~ '. \ .' ! !'\ ! 1\1' ' , \ I ' . J'b': .' ....~.. ..J ..~"'$''''__h_'_ .:::.:, i__ ." .I "t-; -~, -....--.""'~" - .'- ""~"",,,-""""""'''''"Al!>.l!''" "- - , ..... ~ " I, " ~'; " ;t J L:t i . , ! ,,,. -- ,:j I' . lW::. ,: IJ ." . .....~. .----....-...'. .......(... ..- ....._.~ ; .r . , ~. ~'j, <' < .,. t " ~ ~ ~ ..... (i .i I \JI ,f ! , -. ..... -...... ....f 1 '1i. ." 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