HomeMy WebLinkAbout08-29-1991 Public Hearing and Regular Meeting ZBOA
LA PORTE BOARD OF ADJUSTMENT
MINUTES
AUGUST 29, 1991
Members Present:
Deborah Bernay, Willie Walker,
Steve Hines and Jody Seeger
Members Absent:
Charles Christensen
City Staff Present:
Joel Albrecht, Director of
Community Development and John
Armstrong, Assistant City Attorney
1)
CALL TO ORDER
2 )
The meeting was called to order by Chairman Deborah
Bernay at 7:00 P. M.
APPROVAL OF MINUTES OF THE JUNE i3, 1991 MEETING
Motion was made for the minutes to be approved by Steve
Hines and a second was made by Jody Seeger.
3 )
CONSIDER APPEAL n91-003. THE PURPOSE OF THE APPEAL,
WHICH IS BEING REQUESTED UNDER THE PROVISIONS OF
SECTION 10-605.6 OF ZONING ORDINANCE 1501, IS TO ALLOW
CONSTRUCTION OF A GRAVEL DRIVEWAY FOR A NEW RESIDENCE
TO BE LOCATED AT 2101 SHIRLEY LANE.
Joel Albrecht presented staff's report. He stated the
applicant L. J. and Gail Guillot are appealing the
denial of a building permit to allow construction of a
new gravel driveway. This permit was ~enied based on
the provisions of Zoning Ordinance Section 10-605.6
which states, "All areas intended to be utilized for
parking space and driveways shall be surfaced with
materials suitable to control dust and drainage."
Section 11-604 of the of the Zoning Ordinance states:
"Appeals to the Board of Adjustment may be taken by any
person aggrieved or...affected by any decision of the
enforcement officer."
The applicants site safety as their major reason for
this appeal. It should be noted that public safety is
not at issue and is therefore not a primary concern in
regards to this case.
Page 2 of 2
L. J. Guillot was sworn in by Dr. Bernay. He then told
the Board he and his wife are building a new home at
2101 Shirley Lane and feel the use of concrete or
asphalt would imply a continuation of Shirley Lane' and
invite unauthorized traffic onto their property. He
stated in the past a car did drive onto this property
and wrecked on the concrete slab at the north side of
the land. Mr. Guillot said he felt a gravel surface
would discourage this kind of traffic as well as
improve the aesthetic value of his property.
4 )
CALL FOR VOTE TO APPROVE OR DISAPPROVE APPEAL #91-003.
...
"
II
Motion was made by
and to uphold the
second was made by
and 0 nays.
Jody Seeger to deny Appeal #91-003
requirements of the Ordinance. A
Steve Hines. The vote was 4 ayes
5)
ADJOURNMENT
There being no further business, the meeting was
adjourned at 7:30 P. M.
Respectfully submitted,
Cheryl stout, Secretary
Code Enforcement
Minutes approved on the
1991.
day of
Deborah Bernay, Chairman
Board of Adjustment
SPECIAL EXCEPTION
\
#SE92-00~
CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
SPECIAL EXCEPTION REQUEST
------------------------------------------------------------~----_._----
Applicatj.on No. :~._.=~
OFFICE__JJS.~_._QJ!I:J: fJ~~;__-,1.?_~~ 00 Date Received: _l.:2.:.QL3.:_ n
R e c e i p t No.: __.1fl..~qjJ__
NOTI: This Fee is Non-Refundable Regardless of the Board's Decision.
-------------------------------------------------------_.__.~_._--_..--------
Applicant:
Donna A. Perry
~_._--- -.-.-- -.-.-.-.-.-.-.----.--.-------------.
Name
1513 Cedar Cove, La Porte, T~ 77571
PH: 7 1 ~_4 ~~_~ 8 3 4 4
Address
I am the owner of the herein described property. I have authorized
_____.__n___.___________.____________ to act on my behalf in this matter.
Owner*:
-~_._------_._._._. -.----.--.---.---.---.-.---.--.-------------
Name
-----,----_....._._._._-----_.._-~_._._-_._--_._._._._.-.-.-------.
PH:
Address
I am requesting a Special Exception to Sect. .___ of the Ci ty
Zoning Ordinance No. 1501. I am requesting this Special Exception for -
property located at un..i..t..Jio. 4. bJ-_Qg.__.4~__Q.f Gardenwa1k _.1:..Q.'1Dhoilles, Sect 1
a townhouse project in HarAddre06nty, TX, accordLgga~oDe~pription
o r V 1 a-.:L-.t.h ere 0 f. r e c 0 r_d e d___LIl Vol u ill e 1 ~......Q.~.J-_~L-g_f_th~__~~p ------------.---
Records of Harris County, TX COMMONLY KNOWN AS: 1513 Cedar Cove- La Porte
( ) Site Plan ( ) Minor Development Site Plan
( ) Major Development Site Plan ( ) General Plan
___._._._._._.__._....._ - _0_._.- _ _ _ ___._ _._ _ _ _ ___.__._._.__.__~_._..___..___._._.____.__.
A Site Plan of the property is attached. Also, I have listed the
information requested below on the following pages of this form.
a) All facts concerning the matter that has led up to this request.
b) The type of relief I am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
* If applicant is NOT the owner, he m~ provide Authorization to act
on the Owner's behalf.
Date
Applicant's Signature
------------------------.-----------------------------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( )
No ( )
Date transmitted to the Board of Adjustments:
Meeting Date:
Applicant Notified of Date: ___,.__'___'___'__
Board's Decision:
Approved ( )
Denied ( )
Notice of Board Decision mailed to Applicant/Owner:
-.-.---..--.------.---
,\
PAGE 2
A Special Exception is a deviation from the requirements of the
Zoning Ordinance. Before they grant a special exception, The Board of
Adjustments must determine that the exception is not contrary to the
best public interest and will not adversely affect the value or use of
adjoining property.
Special exceptions may be granted for the following items only:
(1) The reconstruction of or addition to a building occupied
by a non-conforming use. Additions cannot extend past
the lot occupied by the original structure or use. The
reconstruction or use cannot prevent the property from
returning to a conforming use.
(2) Deviation of yard requirements under the following cir-
cumstances:
(a) Exceptions to front yard requirements if front yard
setbacks are not met on abu~ting pieces of p~operty.
(b) Exception to rear yard setbacks if any four (l~) lots
within a block do not meet setback requirements.
(c) Exceptions to yard requirements on corner lots.
(d) Exceptions to front yard requirements if existing
front yard setbacks on a block are not uniform.
(3) Waiving or reduction of off street parking and loading
requirements if the Board feels they are unnecessary
for the proposed use of a building or piece of property.
Please remember it is the Applicant's responsiblity to prove
that a Special Exception will meet the above conditions.
If there is not adequate room on the remainder of this form to
list all pertinent information, please feel free to attach an
additional letter or any information and exhibits you feel the Board
should consider.
FACTS RELEVANT TO THIS MATTER:
~J.g~.J2..2!..ti 0 co v e r de t e r i agJi_~~I!!~ s t_._2_~~J2.!9.~_~ q _P.Y.._C! _ D.~_"'!. _~,!-Lu..~.!-_~ rE.'.-
--.----------.-.-.-.-------.-.----------------.-----.--,-,---,---.---,,,-.,,,-- -.-.-......-.-....-.----..-..-.---
PAGE 3
TYPE OF RELIEF BEING SOUGHT:
Replace old patio cover with a new patio enclosure
THE GROUNDS FOR THE REQUEST:
~':.~_ pati:?-3~Jo~.e is~~.e built on
EXISTING BATIO SLAB and
wi 11 not in f r i n_9..~_.~2_c:~._.propert y or u t:_~.~~_~-X__::~_~~~~~~~=::._.~!_~_c:.::.~~_dJ
CED/l-'87
Show Direction of Slope with Arrow
Show where attaching with XXXXXX
Show post location
Show dimensions
Show perimeter framing
Attach Plot Plan
Show on Dwgo, Wires, downspouts,
ext. to cut around
Show deflectors 13>
~~u.. \' Pf.6 ~
';i..)(( S"T:"" /ti I.,.
~I :''1,1''4 e"l
~ IrJ O~~
Show Downspouts 00
Type of House Wall
location of Electricity
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SPECIAL INA:RUCTIONS
\.~ CS
16u \ LJ'" "
Rear
EJ
Front
INSTAllATION MAN COllECTS
DYes oNo
$ On Completion of Concrete
$ On Completion of Roof,
Walls or Both
$ On Total Completion
Type of Completion Required
o Air-Vent 0 Budget 0 FHA
o Other
Who Can Sign?
o Him 0 Her 0 Either
"""'-_.,',.......~_...,-_.~--~~_.....---~'"--
SPECIAL EXCEPTION REQUEST #SE92-001
Requested For:
1513 Cedar Cove
Leqal Descriotion:
Unit Number 4; Building #4; Gardenwalk
Townhomes, Section I
Requested By:
Donna A. Perry, Owner
Zoninq:
R-2, Mid Density Residential
PurDose of Request:
To allow construction of a room addition with a sideyard
setback of 2 ft. 3 in. (See Exhibit A)
Backqround:
1513 Cedar Cove is a town home located in a four unit
building in the Gardenwalk townhome addition. Each of the four
homes in the building is under individual ownership. iThe
applicants have removed an existing patio awning from the rear of
their unit and are proposing to replace it with a comparably
sized, glasswall "sun room" addition. The applicant's home is
located in the corner unit in the building.
Ordinance Section 5-700 requires a 10 foot side setback
adjacent to street rights-of-way. A special exception will be
necessary in order for the City to approve a building permit for
the room addition.
Analysis:
The Zoning Ordinance allows the Board of Adjustment to grant
a Special Exception for "yard exceptions on corner lots." As
noted, the applicant's unit is on a corner lot.
In their application, the Perry's note that the sun room
dimensions will match those of the original patio cover.
Relocating the side wall of the addition 10 feet would reduce the
width of the room to under 7 feet and prevent direct entry from
the existing back door into the addition (See Exhibit A).
A review of the Gardenwalk Townhomes plat shows that as
proposed, the addition will not encroach across any platted set
back lines. Also to be noted, the proposed addition has been
approved by the architectural review committee of the
subdivisions home owner's association. (See Exhibit B)
Page 2
The Zoning Ordinance empowers the Board of Adjustment to
grant a special exception "only when such exception will not
adversely affect the value and use of adjacent or neighboring
property or be contrary to the best public interest." Questions
relating to these issueS must be addressed by the Board of
Adjustment based on their knowledge of the Zoning Ordinance and
testimony taken from the applicants and any citizens who wish to
speak regarding this matter.
.~~
.:.
..,.,.......
DRIVEWAY
--
23.50'
22.39"
PROPERTY LINES
13.50'X3.20'
,
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10' H.L.P.
& S.B.T.E.
TOWNHOUSE
DRIVEWAY
1513
Cedar
Cove
/
1.75'
23.50'
8.00.j
, .7S' /"
UnitNo. Four (4), Building Four (4),
of GARDEN WALK TOWNHOMES.
SECTION ONE (1)
a Townhouse Project in Harris County,
Texas, according to map or plat thereof.
recorded in Volume 195, Page 18, of the
Map Records of Harris County, Texas
COMMONLY KNOWN AS:
1513 Cedar Cove. LaPorte. Texas 77571
WALK
I
20' CURVED TURNAROUND
r::: Jo
21.00'
I
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11.75'
~
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" .50'
L
78.00'
32.00'
17.00'
r::XHIBtr 1\
BAY AREA
Property Management, Inc.
1120 Nasa Rd. One, Suite 205 · P.O. Box 58325 · Houston, Texas 77258 · (713) 333-4177
December 3, 1991
Donna Perry
1513 Cedar Cove
La Porte, Tx. 77571
RE: Home improvement application
Dear Ms. Perry:
The Architectural Review Committee for the Bay Point
T.O.A., Inc. has reviewed your application for home
improvement.
The Committee approves your request to enclose your patio
cover.
This approval is granted subject to the improvement being
in accordance with specifications outlined in your
application for home improvement.
In accordance with the Architectural Control Committee's
guidelines, maintenance and upkeep of the constructed
improvement will be the responsibility of the homeowner.
Sincerely,
BAY AREA PROPERTY MANAGEMENT
~>I.. (41. >V- 6tzltt.
Laura Butler
Association Manager
for the Bay Point T.O.A., Inc.
\
+
EXHIBIT' "B
member
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CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
VARIANCE REQUEST
-----------------------------------------------------------------------
OFFICE USE ONLY:
Fee: $100.00
Aoolication No. :902. m/
D~te Received: /..?- 7Z
Receipt No.: oZ.2.S'
Regardless of the Boardls Decision.
NOTE: This Fee is Non-Refundable
-----------------------------------------------------------------------
Applicant:
431 S. Third
FR:ED \Ii'ESTETICTIEN
Name
LA Pnrtp
.Il.dd res s
herein described
to act on
PH: 471-537.')
I am the owner of the
FRED WESTERGREN ~
/'
property. r have authorized
my behalf in this matter.
Owner*: T,ATTRE WIT LE, TJ:WSTKE
Name
7777 <::'w F,.1Y Suite 118 PH: 778-9051
Address
Houston, Tx. 77074
I am requesting a variance to Sect. of the City Zoning
Ordinance No. 1501. or am requesting this yariance for property located
at ~p~rrihp~ by El~t ofBayqreen Subdivisinn nn filp with the L~Porte
Street A dress Legal Description
Planning & Zoninq Commission
i i
( ) Site Plan ( ) Minor Development Site Plan (x) Baygreen Colony
( ) Major Development Site Plan ( ) General Plan Subdivision plat
A Site Plan of the property is attached. Also, I have listed the
information requested below on the following pages of this form.
a) All facts concerning the matter that has led up to this request.
b) The type of relief r am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
* If applicant is NOT the owner, he must
on the Owner's behalf.
1-7-92
Date
-----------------------------------------------------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( ) No ( )
Date transmitted to the Board of Adjustments:
Meeting Date:
Applicant Notified of Date:
Notice to surrounding property owners - Date:
Board's Decision:
Approved ( )
Denied
)
Notice of Board Decision mailed to Applicant/Owner:
~
PAGE 2
A variance is a IIdeviation from the literal provisions of the
Zoning Ordinance II. The City's Board of Adjustments may NOT grant a
variance that does not meet all of the following conditions:
1) The variance must not be contrary to the public interest.
2) Literal enforcement of the Zoning Ordinance must result in
a hardship. This hardship must be unique to the property
in question. Property that is undevelopable due to its
unusual shape, narrowness, shallowness, or topography con-
stitutes the primary example- of hardship. Hardships that
are financial in nature or due to the owner1s actions cannot
be granted.
3) Granting the variance must not violate the spirit of the
Zoning Ordinance.
4) No va01ance that allow~ a use that is prohibited within the
Use zone in question may be granted. For exampl~, a variance
allowing a commercial use in a residential zone is not allow-
able.
Please remember it is the Applicant1s responsibility to prove that
a variance will meet the above conditions.
If there is not adequate room on the remainder of this form to
list all pertinent information, please feel free to attach an
additional letter or any information and exhibits you feel the Board
should consider.
FACTS RELEVANT TO THIS MATTER:
Shared driveways Tn rre~QrVO op~~ ~~~~~ in th~ apcroyqd
preliminary subdivision plAt
approved by the Citi nf TePorto
-'~._--'-<_~.""m'-'..,...
PAGE 3
TYPE OF RELIEF BEING SOUGHT:
One driveway entrance shared by two nnl1~p~
THE GROUNDS FOR THE REQUEST:
Integral part of the plan approved by tnp rity of L3Portc
after 2 years of work and review in~11]rlin0 ~pproval
by the U S Corps of Enqineers.
CED/1-'87
CITY OF LA PORTE
ZONING BOARD OF ADJUSTMENT
VARIANCE REQUEST
--------------------------------------------A~~i~~;~~~~-~~~~i?:z-~;---
OFFICE USE ONLY: Fee: $100.00 Date Received: /..?- 7Z
Receipt No.: ~
NOTE: This Fee is Non-Refundable Regardless of the Board's Decision.
-----------------------------------------------------------------------
Applicant:
I am the owner of the
FRED WESTERGREN ~
/'
FRED WESTERCREN
Name
431 S. Third LAPortp
Address
herein described
to act on
PH: 471-532'1
property. I have authorized
my behalf in this matter.
Owner*: T.~TTRF. HOT LE. TIWSTEE
Name
7777 ~w Fwy Suite 418 PH: 778-9051
Address
Houston, Tx. 77074
I am requesting a variance to Sect. of the City Zoning
Ordinance No. 1501. I am requesting this variance for property located
at np~rrihpn by a1Qt ofBayqreen Subdivision on fill" with the LaPorte
Street A dress Legal Description
Planning & Zoning Commission
( ) Site Plan ( ) Minor Development Site Plan (x) Baygreen Colony
( ) Major Development Site Plan ( ) General Plan Subdivision plat
A Site Plan of the property is attached. Also, I have listed the
information requested below on the following pages of this form.
a) All facts concerning the matter that has led up to this request.
b) The type of relief I am seeking (setbacks, lot coverage, etc.).
c) The grounds upon which I am making this request.
* If applicant is NOT the owner, he must
on the Owner's behalf.
1-7-92
Date
re
-----------------------------------------------------------------------
OFFICE USE ONLY
Site Plan and Authorization (if applicable) attached? Yes ( ) No ( )
Date transmitted to the Board of Adjustments:
Meeting Date:
Applicant Notified of Date:
Notice to surrounding property owners - Date:
Board's Decision:
Approved ( )
Denied
)
Notice of Board Decision mailed to Applicant/Owner:
PAGE 2
A variance is a "deviation from the literal provisions of the
Zoning Ordinance ". The City's Board of Adjustments may NOT grant a
variance that does not meet all of the following conditions:
1) The variance must not be contrary to the public interest.
2) Literal enforcement of the Zoning Ordinance must result in
a hardship. This hardship must be unique to the property
in question. Property that is undevelopable due to its
unusual shape, narrowness, shallowness, or topography con-
stitutes the primary example- of hardship. Hardships that
are financial in nature or due to the owner1s actions cannot
be granted.
3) Granting the variance must not violate the spirit of the
Zoning Ordinance.
4) No variance that allows a use that is prohibited within the
Use zone in question may be granted. For example, a variance
allowing a commercial use in a residential zone is not allow-
able.
Please remember it is the Applicant's responsibility to prove that
a variance will meet the above conditions.
If there is not adequate room on the remainder of this form to
list all pertinent information, please feel free to attach an
additional letter or any information and exhibits you feel the Board
should consider.
FACTS RELEVANT TO THIS MATTER:
Shared driveways to preSQrVQ open ~r~ce in thp aoorovod
preliminary ~ubdivision pl~t . approved by the Citi of ~aPQrtD
PAGE 3
TYPE OF RELIEF BEING SOUGHT:
One driveway entrance shared bv two h()ll~PC::
THE GROUNDS FOR THE REQUEST:
Integral part of the plan approved by rnp rity of LaPorte
after 2 years of work and review inc lw'l i nl) approval
by the U S Corps of Enqineers.
CED/1-'87
VARIANCE REQUEST #V92-001
Requested For:
(Proposed) Baygreen Colony Subdivision
Leqal Description:
3.916 acre tract comprising parts of
Blocks 1335 and 1336, Town of La Porte;
parts of Blocks 9, 10 and 11 of the
Crescent Shores Subdivision and
including streets and alleys closed by
the Harris County Commissioners' Court
on April 11, 1963 (See Exhibit A).
Requested By:
Mr. Fred
Representative
Westergren,
Owner's
Zoning:
R-1, Low Density Residential
Puroose of Recruest:
The purpose of this request is to allow construction of
common driveways to be shared by abutting lots within the
proposed subdivision. This will require a variance to Section
10-605 (figure 10-2) of Zoning Ordinance 1501.
Background:
The Baygreen Colony is as yet an undeveloped subdivision
which is to be located between South Broadway and Galveston Bay.
(See Exhibit A). The subdivision is being platted as a deed
restricted neighborhood for single family homes. The applicants
are proposing to have several abutting lots in the subdivision
share common driveways (See Exhibit B). The specific lots to
share drives are as follows:
Lots 2 and 4 Lots 13 and 15
Lots 3 and 5 Lots 14 and 16
Lots 6 and 7 Lots 17 and 19
Lots 9 and 11 Lots 18 and 20
I() + )2.,
Lots 1 and 8 are each to have an individual driveway.
Analysis:
Under the terms of Ordinance Section 10-605, residential
driveways must be located at least 3 feet from side property
lines with at least 10 feet of separation between driveways. As
proposed, the common drives would straddle the side property
lines.
Page 2
Section 11-606 empowers the Board of Adjustment to grant
variances when it finds that all of the following conditions have
been met:
1. That the granting of the variance will not be
contrary to the best public interest.
2. That literal enforcement of the Ordinance
will result in unnecessary hardship because
of exceptional narrowness, shallowness,
shape, topography or other extraordinary or
exceptional physical situations unique to the
specific piece of property in question.
"Unnecessary hardship" shall mean physical
hardship relating to the property itself as
distinguished from a hardship relating to
convenience, financial considerations or
caprice, and the h~rdship must not result
from the applicant or property owner's own
actions; and
3. That by granting the variance, the spirit of
the Ordinance will be observed.
Of these three conditions the second requires the most
discussion. It is the contention of the applicants that shared
driveways (for the noted lots) are necessary for efficient off-
street parking and the necessity arises as a result of the
configuration and nature of the property on which the subdivision
is being developed (See Exhibit A).
The tract is rather narrow with a sharp offset near the east
end of the property. Due to this narrowness, the lots are laid
out in a diagonal and in some cases asymmetrical fashion. Also,
due to the narrowness of the tract, the width of Colony Drive,
(the private road which will run through the subdivision) is the
mlnlmum necessary for safe passage of normal traffic and the
City's emergency vehicles.
For this reason, the applicants feel that limiting the total
number of driveway entrances on Colony Drive is necessary to
improve both the safety and aesthetic appearance of the
neighborhood. They feel that requiring individual driveways for
each lot would therefore constitute a hardship that would be
directly caused by design constraints imposed by property
configuration.
Page 3
The other two variance conditions imposed by the Zoning
Ordinance deal with protection of the "best public interest" and
the "spirit" of the Zoning Ordinance. Regarding public interest,
this issue must be decided by the Board based on testimony
received from the applicants and any citizens who wish to speak
concerning this matter.
Finally, in considering the "spirit of the Ordinance" it
should be noted that as proposed, the subdivision complies with
all other Zoning and Development Ordinance requirements.
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