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Variance approval V-23-90.pdf* 890 199 _ CITY OF EDMONDS LARRY S, NAUGHTEN 250 - 5TH AVE. N. • EDMONDS. WA 98020 • (206) 771,3202 MAYOR HEARING EXAMINER FINDINGS AND DECISION OF THE HEARING EXAMINER OF THE CITY OF EDMONDS IN THE MATTER OF THE APPLICATION FILE: CU -63-901 OF EDMONDS PROFESSIONAL CENTER FOR APPROVAL OF A CONDITIONAL USE PERMIT AND APPROVAL OF A VARIANCE DECISION: The conditional use permit is granted subject to the con- ditions listed. The variance is also granted subject to conditions listed. INTRODUCTION Edmonds Professional Center, c/o Catherine Wright, 3023 - 80th Avenue SE, Mercer Island, Washington 98040, (hereinafter referred to as Applicant), requested approval of a conditional use permit for the grading of approximately 10,200 cubic yards of earth material in conjunction with the development of the Edmonds Professional Center on property located at 7315 - 212th Street SW, Edmonds, Washington (hereinafter referred to as subject property). The Applicant also requested a variance to allow parking to be located at a distance further than 300 feet from the medical clinic to be developed on the subject property. A hearing on the request was held before the Hearing Examiner of the City of Edmonds, Washington, on December 6 1990. At the hearing the following presented testimony and evidence: ED SOMERS Planning Dept. City of Edmonds Edmonds, WA 98020 EDMONDS PROFESSIONAL CENTER c/o Catherine Wright 3023 - 80th Avenge SE Mercer Island, WA 98040 e Incorporated August 11, 1890 0 Sister Cities International — Hekinan, Japan HEARING EXAMINER DECISION RE: CU -63-90; V -T -1)0 12/21/90 Page 2 At the hearing the following exhibits were submitted and were admitted as part of the official record of this proceeding: Conditional Use: Exhibit 1 - Staff Report " 2 - Application 3 - Grading Plan " 4 - Declaration of Non -Significance Variance: Exhibit 1 - Staff Report to 2 - Application/Declarations if 3 - Plot Plan After due consideration of the evidence presented by the Applicant, and evidence elicited during the public hearing, the following Findings of Fact and Conclusions constitute the basis of the deci- sion of the Hearing Examiner. I. GENERAL FINDINGS 1. The application is for a conditional use permit for the grading of approximately 10,200 cubic yards of earth material in conjunction with the development of the Edmonds Professional Center located at 7315 - 212th Street SW, Edmonds, Washington. In addition, the Applicant requested a variance to allow parking to�be located at a distance greater than 300 feet from the proposed medical clinic on the subject property. 2. The subject property is a corner lot that was recently rezoned general commercial. It has approximately 314 feet of frontage on 212th Street SW, and 422 feet of frontage on 74th Avenue W. The lot is approximately 143,368 square feet. 3. The lot slopes down moderately from south to north, and is covered with trees and natural -vegetation. The vegetation is not maintained. 4. The site is currently developed with a vacant day care building, and a building that was formerly used by the YMCA. The day care building will be removed but the old YMCA building will be incorporated as part of the new development. HEARING EXAMINER DECISION RE: CU -63-90; V-( 90 12/21/90 Page 3 5. The subject property is located one lock east of the Edmonds High School, and two blocks west of Highway 99. Surrounding devel- opment includes single family residences, mixed commercial develop- ment, and apartments to the north, east and west. There are office buildings to the south of the subject property. 6. The subject property is zoned general commercial two (CG -2). 7. The Comprehensive Policy Plan Map of the City of Edmonds designates the subject property as high density residential. 8. The Applicant has proposed to construct a new, two story medical clinic and office building complex on a portion of the lot. In addition, the YMCA building on site will be remodeled. The two projects will result in a 42,000 square foot medical clinic on site. 9. Pursuant to the State Environmental Policy Act (SEPA) The City of Edmonds was designated as lead agency. On October 8, 1990, the City issued a Declaration of Non -Significance (DNS). The DNS was not appealed. II. CONDITIONAL USE PERMIT 10. The Edmonds Community Development Code (ECDC) 18.40.030 re- quires that any grading involving more than 500 cubic yards of earth material must be conducted with a conditional use permit. The Applicant seeks its permit pursuant to this ordinance. 11. ECDC 20.05.010 sets forth the criteria for review of a condi- tional use permit within the City of Edmonds. That criteria include: A. The proposed use must be consistent with the Compre- hensive Plan of the City of Edmonds. B. The proposed use and its location must be consistent with the purposes of the zoning ordinances and the pur- poses of the zone district in which the use is to be located, and the proposed use meet all applicable require- ments of the zoning ordinance. C. The proposed use, as conditionally approved, must not be significantly detrimental to the public health, safety and welfare, and to nearby private properties or improve- ments unless the use is a public necessity. HEARING EXAMINER DECISION RE: CU -63-90; V-( 10 1,2/21/90 Page 4 D. The Hearing Examiner must determine if the proposed use is transferable. (ECDC) 12. A significant amount of earth material will be removed. It is the intent of the Applicant to level the site and to remove a significant amount of materials in order to provide access to the lot. 13. The lot will be leveled with an approximate 20 foot drop from 74th Avenue W and 212th Street SW. 14. The requested excavation is consistent with the purposes of the CG zoning designation. It is being done in an area with the fewest use restrictions imposed, and provisions are included for vehicular access. It is also compatible with the Highway 99 area. 15. The requested conditional use permit is consistent with the purposes of the high density, residential designation as set forth in the Comprehensive Plan of the City of Edmonds. It is compatible because it will encourage high quality site and building design to promote a coordinated development and preserve the natural features of the site. 16. The requested conditional use will not be detrimental to the public nor to nearby private properties or improvements. 17. No adverse testimony was presented at the public hearing. III. VARIANCE 18. ECDC 17.50.040(B) requires that all off street parking be located within 300 feet of walking distance of the use for which it is required. The Applicant seeks a variance from this standard in order to provide parking spaces at least 350 feet from the building to be developed on site. 19. In order for a variance to be granted within the City of Edmonds, the criteria as set forth in ECDC 20.85.010 must exist. Those criteria include: A. Because of the special circumstances relating to the property, the strict enforcement of the zoning ordinance would deprive the owner of use rights and privileges permitted to other properties in tho vicinity with the same zoning. HEARING EXAMINER DECISION RE: CU -63-90; v- 10 1?/21/90 Page 5 B. The approval of the variance would not be a grant of special privilege to the property in comparison with the limitations upon other properties in the vicinity with the same zoning. C. The approval of the variance will be consistent with the Comprehensive Plan of the City of Edmonds. D. The approval of the variance will be consistent with the purposes of the zoning ordinance and the zone district in which the property is located. E. The variance as approved or conditionally approved will not be significantly detrimental to the public health, safety and welfare or injurious to the property or improvements in the vicinity and same zone. F. The requested variance is the minimum necessary to allow the owner the rights enjoyed by other properties in the vicinity with the same zoning. (ECDC) 20. Special circumstances exist for the grant of the variance from the parking distance standard. Because of the large size of the lot and the location of the proposed structure as it is being developed in conjunction with the remodeling of the old YMCA building, circumstances warrant allowing parking further than the 300 foot distance allowed by code. 21. The parking distance variance will not be the grant of a special privilege to the Applicant. 22. The requested variance is consistent with the purposes of the Comprehensive Plan because it provides for a commercial use in this high density area. 23. The requested variance is consistent with the purposes of the CG -2 zone in which it is located. It will provide for a commer- cial/office activity. 24. As part of the proposal, the Applicant has indicated that there will be direct pedestrian access between the proposed parking and the medical office buildings. The additional distance will allow a parking lot to be developed on site and will elimi- nate off-street parking. With these provisions the proposal will not be detrimental to other properties in the area. HEARING EXAMINER DECISION ,RE: CU -63-90; V-2( 0 .12/21/90 Page 6 25. The requested variance is the minimum variance request. CONCLUSIONS 1. The Applicant requested approval of a conditional use permit for the grading of approximately 10,200 cubic yards of earth material in conjunction with the development of the Edmonds Professional Center on property located at 7315 - 212th Street SW, Edmonds, Washington. In addition, the Applicant requested approval of a variance from the parking distance standards to allow parking to be located at a distance up to 350 feet from the medical clinic to be developed on the subject property. 2. The Hearing Examiner of the City of Edmonds has jurisdic- tional authority to hold a hearing and to issue decisions on the conditional use and the variance, based on the authority granted in ECDC 20.100.010. 3. In order for a conditional use permit to be granted within the City of Edmonds the criteria of ECDC 20.05.010 must be satis- fied. Those criteria are satisfied and are addressed in the Findings of Fact in this matter. 4. In order for a variance to be granted within the City of Edmonds, the criteria of ECDC 20.85.010 must be satisfied. Those criteria are satisfied and are addressed in the Findings of Fact in this matter. DECISION Based upon the preceding Findings of Facts and Conclusions, the testimony and evidence submitted at the public hearing, and upon the impressions of the Hearing Examiner at a site view, it is hereby ordered that the requested conditional use permit for the grading of approximately 10,200 cubic yards of earth material in conjunction with the development of the Edmonds Professional Center on property located at 7315 - 212th Street SW, Edmonds, Washington, is granted subject to the following conditions: Conditional Use: 1. All excavation and grading shall comply with Chapter 70 of the Uniform Building Code, 1988 edition. HEARING EXAMINEReECISION RE: CU -63-90; V- 3 .lz/21/90 Page 7 2. The Applicant shall submit an erosion control plan for review and approval by the City Engineer prior to issuance of grading permit. 3. The Applicant shall obtain a grading permit from the Building Department and comply with all conditions of permit approval. Prior to authorizing any grading on site the City's Contract Soils Engineer must sign off on the grading plan. The Applicant shall comply with the engineer's recommendations. 4. The Applicant shall submit a proposed truck route plan to the City Engineer for approval prior to removal of any excavated material. 5. The Applicant shall be responsible for keeping all streets clean and free of debris at all times. Should the City, for any reason, be required to clean up after the Applicant, the Applicant shall be responsible for reimbursing the City for said costs. 6. All grading work shall be done during normal working hours of the City of Edmonds, said hours being defined as 8:00 am to 5:00 pm Monday through Friday. 7. The Applicant shall be responsible for providing verification of the total amount of excavated material prior to finalizing the grading permit. A soils engineer shall monitor the grading. Verification shall be by letter from a licensed civil engineer stating that he or she has inspected the site and that the grading conforms to Chapter 70 of the Uniform Building Code, 1988 edition. 8. If deemed necessary by the City, the Applicant shall provide traffic control during removal of the grading material. 9. Traffic impacts shall be mitigated by payment for off-site improvements as indicated by the College Place Traffic Study and the traffic study conducted by Entranco Engineers. 10. A 10 foot pedestrian easement shall be reserved across the 212th Street SW frontage for a future sidewalk. Variance: The variance to allow parking to be located at a distance further than 300 feet from the medical clinic to be developed at 7315 - 212th Street SW, Edmonds, Washington is granted. The variance is HEARING EXAMINER DECISION ,,RE: CU -63-90; V-(' 10 ],2/21/90 Page 8 granted to allow parking to be developed up to a distance of 350 feet from the medical building. This variance is granted subject to the following conditions: 1. The design shall be consistent with the design approved by the Architectural Design Board. 2. The Applicant shall obtain a permit from the Building Divi- sion and comply with all permit requirements. 3. The variance must be acted upon within one year or the variance shall expire and be null and void, unless an extension is granted prior to the expiration date. Entered this 21st day of December, 1990, pursuant to the authority granted the Hearing Examiner under Chapter 20.100 of the Community Development Code of the City of Edmonds. 9B M. DRISCOt ring Examiner NOTICE OR`' R BHT TO APPEAL Written appeals alleging specific error of fact or other grounds for appeal may be filed with the Planning Department, City of Edmonds, Civic Center, Edmonds, Washington 98020, within fourteen (14) days of the date of the Hearing Examiner's final action. In this matter any appeal must be received by the Department prior to 5:00 p.m. on January 4, 1991. 11ViIT���1 �C111�,����jI�T I(i0`�E���1�1�I�Cti��ii��Il���1�MMti1@I111��1���V�II�bI�IN1�1T'�TE THIS PACKET SENT TO THE HEARING EXAMINER ON 11/30/90 EXHIBIT LIST V-23-90 EXHIBIT 1 — STAFF REPORT EXHIBIT 2 — APPLICATION/DECLARATIONS EXHIBIT 3 — PLOT PLAN EXHIBIT 1 STAFF REPORT TO THE HEARING EXAMINER FILE: V-23-90 HEARING DATE: December 6, 1990 I. REQUESTED ACTION: Variance to allow parking to be located further than 300 ft. from a medical clinic (Edmonds Professional Center) located at 7315 212th St. S.W. Edmonds. (Reference Section 17.50.040 B, ECDC) Proposed distance to parking spaces, 350 ft. II. APPLICANT: Edmonds Professional Center Attn: Theresa Carter 3023 80th Ave. SE, Mercer Island, Wash. III. LEGAL DESCRIPTION: See Exhibit 3 IV. STAFF FINDINGS AND CONCLUSIONS: A. Description of the Subject Property and Surrounding Area 1. Site Description - The subject site is a corner property that was recently rezoned to General Commercial (CG). The site has approximately 314 ft. of frontage on 212th St. S.W., 422 ft. of frontage on 74th Ave. W., and approximately 143,368 sq. ft. of lot area. The site also has an extension that connects to 210th St. S.W., and a driveway is proposed from that street. The site slopes down moderately from south to north, and is covered with trees and unmaintained vegetation. The site is developed with a vacant daycare building, the former YMCA building and swimming pool. The YMCA building will be incorporated into the proposed development, and the swimming pool will be filled to provide office space. The daycare structure at the southwest corner of the site would be demolished. Vehicular Access to the parking lot will be from a one way entrance on 212th St. S.W., an entrance/exit on 74th W., and an entrance/exit on 210th St. S.W. A separate pedestrian access will be provided from 212th St. S.W., and from 74th Ave. W. 2. Surrounding Land Use and Zoning - The property located on the north side -6f -212th St. S.W. approximately one block east of Edmonds High School, and two blocks west of Highway 99. Surrounding Staff Report V-23-90 Page 2 development includes single family residences, mixed commercial development and apartments to the north, east, and west, and offices across 212th to the south. Zoning surrounding the site is CG2 to the north, south, and east, and RM2.4 to the west. 3. Off -Street Parking - 210 parking spaces would be provided on site. This is the minimum number of parking spaces required for the proposed use. The Edmonds Professional Center proposes to construct an addition to the existing YMCA building and establish a medical clinic. The site is a large property that has been excavated and has a large depression in the center of the site. A parking lot for 210 vehicles would be provided on the site primarily on the north side of the structure. Access to the parking would be provided from the three surrounding streets, that is 212th St. S.W., 210th St. S.W., and 74th Ave. W. The proposed parking along the north driveway adjacent to 210th St. S.W. would be located further than 300 ft. from the proposed medical office building, and therefore needs a variance since the maximum permitted distance for parking from a permitted use in this zone is 300 ft. B. Official Street Map Proposed R/W Existing R/W West - 74th Ave. W. 60' 60' South - 212th St. S.W. 60' 60' North - 210th St. S.W. 60' 60' C. Conformance to Chapter 20.85.010 1. Special Circumstances Special circumstances do appear to exist in this particular case regarding the distance of the parking from the proposed medical center. The size of the site and location of the existing structure which dictates the location of the addition to the south portion of the site are circumstances that warrant allowing parking further than the 300 ft. distance permitted by the code. 2. Special Privilege Based upon the circumstances, the parking distance variance request does not appear to represent a grant of special privilege. 3. Comprehensive Plan Staff Report V-23-90 Page 3 The Comprehensive Policy Plan map designates the subject property as High Density Residential. As proposed, the variance does not appear to conflict with the purposes of the Comprehensive Plan. 4. Zoning Ordinance The subject property is zoned CG 2. The proposed variance does not appear to conflict with the purposes of the zoning ordinance and the CG 2 zone district. 5. Not Detrimental Direct pedestrian access will be provided between the proposed parking and the medical office building, and it is unlikely that the additional distance will result in parking on surrounding streets as an alternative to walking the additional distance. The proposed variance does not appear to pose any detriment to the public or to any near by private property or improvement. 6. Minimum Variance Based upon the circumstances, and considering the limitation for providing parking closer to the medical offices than proposed, the parking distance variance does appear to represent a minimum variance request. V. STAFF RECOMMENDATION: The staff concludes that the variance criteria is satisfied and recommends that the requested variance be approved. Should the Hearing Examiner decide to grant V-23-90, it should be subject to the following conditions: 1. The design shall be consistent with the design approved by the Architectural Design Board. 2. The Applicant shall obtain a permit from the Building Division and comply with all permit requirements. 3. The variance must be acted upon within one year or the variance shall expire and be null and void, unless an extension is granted prior to the expiration date. city of edmon(-- Exhibit 2 land use application �.M ❑ ARCHITECTURAL DESIGN BOARD ❑ COMP PLAN CHANGE; .y.,.. :sr ... ... .. ... , _....... ❑ CONDITIONAL USE PERMIT FILE # ZONE ❑ FORMAL SUBDIVISION 'DATE RECD BY 1:1HOME El 11 OCCUPATION LOT LINE ADJUSTMENT OFFICIAL STREET MAP AMEND �p FEE - REE PT HEARING DATE ❑ PLANNED RESIDENTIAL DEVELOP. [P/HE ❑ STAFF ❑ PB ❑ ADB ❑ CC ❑ REZONE ❑ SETBACK ADJUSTMENT ❑ SHORELINE PERMIT ACTION TAKEN: ❑ SHORT SUBDIVISION APPROVED ❑ DENIED ❑ APPEALED ❑ STREET VACATION APPEAL # J5 VARIANCE ❑ RESUBMITTAL FILE # _.....- a�cSSlb� �' /a pp c.�.... w.._ Phone" A 3(0 - OPOO Applicant �.�_�.�, -�.� � . Address.. 30XI- Rjl' . Ate .S. E . � r� � 1�... � � q0 Property Address or Location 13J-"- Q S`f SW -7 3 f G 6-L- S U,) Property Ownerd�ds+r'o�{55iau�D Ce,,er Phone -7-7s- 9 14 Address X11 ltO �(o- A�.W W (�drva ?OotO Agent��� L� �lc.r jyz���r Phone d ol0 d3lo - Oda Address 3 O A ve . S. 6 . M error -. U _ _. _. CSec.—Tarp. _Rng. Tax Acc #a-��-a-r" m1-005-0 ff' Legal Description :4J " _ 6 v' .( ,e ke.. _... _L Y Details of Project or Proposed Use The undersigned applicant and his/her/its heirs, and assigns, in consideration of the processing of the application agrees to release„ indemnify, defend and hold the City of Edmonds harmless from any and all damages, Including reasonable attorney's fees, arising from any action or Infraction based in whole or in part upon false, misleading, inaccurate or incomplete information furnished by the applicant, his/her/its agents or employees. The undersigned applicant grants his/her/its permission for public officials and the staff of the City of Edmonds to enter the subject property for the purpose of inspection and posting attendant to this application. SIGNATURE OF APPLICANT/OWNER GE m � DECLARATIONS OF APPLICANT Please answer all questions 1. What are the physical characteristics, (i.e. topography, shape of lot, etc.) which create a hardship for you in regard to development of your property? f)ut- 46 exi sl• t" r � ►_A, 2. how does yo re property differ from other p perty in the same vicinity? L Y1oY"C1� Q.1 Y1 a ^ r Gln�na✓l 2. d Ca �4r" e UIA4 i ✓► is 1164 - eu..c It ,% le, 3. Will this variance be detrimental to the public or damaging to other property or improvements in the vicinity? e.. yar ►a �, � w IASL __a.l I sw �o r' ►tiw a o tis 'tl- T � a r e- W'ro� 4. What hardships will result to you if the variance is not granted? Will these hardships have been caused by your own action? 5. Can you make reasonable use of your property without the variance? 7� A M,ktA- �kt- VQ.r lO—✓n4" - 4`0 r 'aex r ; ON �e .�s� EDMONDS PROFESSIONAL CENTER Request for Variance Under Community Development Code section 17.50.040, off-street parking is to be located within 300 feet walking distance for the use it is required, in this case, a medical office building. The purpose of this request for a Variance is to allow 7 parking stalls to be placed more than 300 feet from a building, as set out on the grading plan attached to this Variance application. Edmonds Professional Center General Partnership is the owner of property located at 7315 - 212th St. S.W. and 7316 - 210th St. SW. The original YMCA building and the main YMCA building are located on 212th St. and a small rental house is located on 210th St. The owner intends to build a medical office building on the site, consisting of a remodel of the main YMCA building, which is approximately 15, 380 square feet and building a 26,640 square foot addition. The smaller YMCA building and the rental house would be demolished. The proposed construction would require grading in excess of 500 cubic yards. The owner has applied for a Conditional Use Permit under number CU -63-90. Ingress/egress and parking is planned for the strip of land going from the main site back to 210th St. The original site plan (alternate "A") contemplates 13 pull in parking spaces on the west side and 6 parallel spaces on the east side. Due to width limitations, retaining walls would be necessary on both the east and west sides. The retaining wall on the east side would be approximately 80 lineal feet and would be approximately 6 feet high at the south end and 2 feet high at the north end. The retaining wall on the west side would be approximately 130 lineal feet and would be approximately 7 feet at the south end and 1 foot at the north end. There would be little room for landscaping. Under the alternate grading plan (alternate "B"), all parking would be pull -in parking on the west side, with rockeries, rather than retaining walls. The rockery on the east side would be approximately 60 lineal feet with a height between 2 at the north end and 6 feet at the south end. The rockery on the west side would be approximately 80 lineal feet with a height between 1 foot at the north end to 6 feet at the south end. Under either alternate "A" or "B" the fill dirt is approximately the same. Under alternate "B", approximately 200 cubic yards less dirt will need to be cut. Under alternate "B", much more landscaping could be put in. The owner will designate the parking stalls beyond the 300 foot mark as "Staff Parking." Strict enforcement of the zoning ordinance relating to proximity of parking would increase the amount of grading necessary and increase the amount of retaining walls. The use of rockery would allow for an increase in landscaping and would be aesthetically more pleasing for the general public. The property is within a general commercial zone and it is not felt that this variance would be a special privilege to owner. It is owner's belief that approval of the variance is consistent with the Comprehensive Plan and consistent with the purposes of the zoning ordinance for this property. The variance would not significantly affect the public health, safety or welfare or be injurious to the property in the vicinity. It is thought that alternate "B" will have a less significant impact on the surrounding property than alternate "A." 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