HomeMy WebLinkAboutR-2003-257 VA-43-03 FOREST VIEW RESOLUTION NO. 2003-257
A RESOLUTION OF THE CITY OF DANIA BEACH,APPROVING THE VARIANCE
REQUEST SUBMITTED BY DANIEL SAWICKI, STIRLING, LLC., A FLORIDA
LIMITED LIABILITY COMPANY (FOREST VIEW), FROM THE BROWARD
COUNTY ZONING CODE, SECTION 39-81 AND SECTION 39-281; FOR
PROPERTY GENERALLY LOCATED EAST OF SW 35T" TERRACE AND WEST
OF SW 35T" AVENUE ALONG STIRLING ROAD, DANIA BEACH; PROVIDING
FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Broward County Zoning Code, Section 39-281, sets the minimum plot size
for residential development for annexed lands within the City of Dania Beach; and
WHEREAS,the Broward County Zoning Code, Section 39-81, sets the general landscaping
requirements for annexed lands within the City of Dania Beach; and
WHEREAS, Daniel Sawicki, Stirling, LLC,a Florida Limited Liability Company has applied for
a variance (VA-43-03) to allow the following:
1) Allow reduction of the minimum plot size below 6,000 sq. ft. (Smallest lot is 5,277 sq. ft.);
(Broward County Zoning Code, Section 39-281 requires 6,000 square feet minimum plot).
2) Allow construction of an 8 foot wall at the front of the development(6 foot high wall allowed
per Broward County Zoning Code, Section 39-81(b) (1).
3) Allow a 4 foot landscape buffer along the west-side property line [5 feet required, Broward
County Zoning Codes, Section 39-81(b) (1)].
4) Allow erection of temporary construction sign 32 sq. ft. (Maximum 16 sq. ft. permitted).
for property generally located east of SW 35th Terrace and west of SW 35th Avenue along Stirling
Road, Dania Beach; and
WHEREAS, the Planning &Zoning Board on August 20, 2003, recommended that the City
Commission grant variance request VA-43-03 based upon the criteria set forth in section 10.13 of
Article 10, of Chapter 28, Zoning, of the Code of Ordinances of the City of Dania Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DANIA BEACH, FLORIDA:
Section 1. That that certain application VA-43-03, for a variance as described above (from
requirements in the Broward County Zoning Code Section 39-281 and 39-81), a copy of which is
attached as Exhibit "A" is approved, subject to the following conditions:
(1) Identify the internal clear garage space (18'X 18') in the Homeowners'Association
documents for purposes of disclosure.
(2) Minimum water main size supplying hydrants must be 8"with a 6"tap(Fire Marshal).
(3) Must provide a 7.5' clearance in front and to the sides of the fire hydrants (Fire
Marshal).
(4) Provide type"D"curbing on both sides of the private street or other suitable materials
approved by the Public Services Director to protect the vegetation.
(5) Final plat to be recorded prior to issuance of any building permits and site plan to be
1 RESOLUTION NO. 2003-257
consistent with plat.
(6) The Homeowners Association documents shall reflect that back yards shall be used
for drainage.
(7) Applicant shall erect no parking signs (fire lane), if requested by the Fire Marshal,
along the private road.
(8) Removal of temporary construction sign prior to issuance of the last Certificate of
Occupancy.
Section 2 . That all resolutions or parts of resolutions in conflict with this resolution are
repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon its passage
and adoption.
PASSED AND ADOPTED THIS 12T" DAY NOVEMBER, 2003.
15�6113'ANTON
MAYOR —CO ISSIONER
ATTEST: ROLL CALL:
COMMISSIONER CHUNN -YES
} COMMISSIONER FLURY-YES
COMMISSIONER MIKES - NO
CHARLENE JOHN9.,ON VICE-MAYOR MCELYEA - NO
CITY CLERK MAYOR ANTON -YES
APPROVED AS TO AR R AND CORRECTNESS:
By: � - I I
THOMAS)X'AN8BFW0
CITY ATTORNEY
2 RESOLUTION NO. 2003-257
® City of Dania Beach, FloridaGrowth Management Mana ent f MAY 2 1 Planning and Zoning Division 2003
(934)924-3
Development AppIlcatlon _ r
Variance _.. .. _ _. .. .
® Special Exception Date Reed:
13 Site Plan
13 Rezoning Petid an No.: -0 3
® Land Use Change
® Assignment of Flex/Reseme Unite
® Vacation Request
This application must be completed in full and submitted along with all necessary documents for it to be
Processed. THIS APPUCANT WILL NOT Be PLACED ON A BOARD OR CONNESMONS AGENDA
UPML IT IS COMPLETE. Refer to the°Application Type"and"Required Documentation"checklist to
determine the supplemental documents required with each application. STAFF. WILL PROVIDE THE
APPROPRIATE CHECKLIST FOR EACH TYPE OF APPLICATION. Ali required exhibits must be collated in
individual sets. Full sized plans submitted shall be signed and sealed by an architect registered in the
State of Florida, and other appropriate design pf0fesslonals. The applicant of record or their authorized
legal agent shall present projects to the pertinent board.
For after the fact applications,the responsible contractor of record shall be present at the board hearing.
Their failure to attend may impact upon the disposition of
the applicant or their authorized legal agent must be present at all meetings.r application. Once placed on an agenda,
Location Address: AAreeI 504231 of o4O1a Vacwn' /ph /04A ca
-'r!198 Rot .., &OS vdsve 4"4y ca
LLKs):_� Block: 3 Subdivision:__ sfib770 , 3e-se Recorded Plat Name: I�"SJTE57' UigW ,577 65
Folio Number(s)• Legal a;-AffA $r V2 OP MACr I(N4 LarI
8ioac.3, ao soct.av A, 7t7eVA/�@t�g�$09M�4Raf si;4ecaaal a 70T8� 1 �r Rt RccoC- '
.M /a�r dact 4 r P4 � ram'7u f a a�v4jxeAs oOL aiAWi-3040d%
Present Zoning:Rl-S Prat Land Use: y_Y Explanation of Request:
Prop. Net Acreage: 2-4096 Gross Acreage:_,_____Prop.Square Footage: /0 9 9 719
Value of Improvement: 5 /00 000 - Est'd Date of Completion:
's.dbaso
Will Project be Phased:._jf� If yes, Est'd Completion of each Phase: A4211.w ffvgA*y a row ram,
Existing Use: VAcANr Proposed Use: UN" P4a4iL-r
Name o Appikan Consultant/Representathre(cam one): .bAarEL. s.4wicA; 577��i�! Lie
Address of Applicant: 2645 NE 20*4 sfree° So fir /®/ 4yeo llurq R Fl- 331r®
Business Telephone. 305 -6922232Home: Fax <3os, ,692- 7geso
Wdolod s1uia3
. ` l
Name of Property Owner. S4, r Af APPu cgNT
Address of Property Owner:
Business Telephone: Home:
Fax:
List any additional action(i.e. special exception,variance, rezoning, etc.)that may be needed to support
the proposed project: V AR I A#C F SELF ArIAC-V" yAC,-- )-X
List all previous action that has occurred on this property: S 1?E PLAN 4 PP8a vAL f p— �r .4PWoV, 4.
NOTE: ALL SIGNATURES MUST BE HOTERIBED BY ORDERED OF DANIA BEACH CITY
COMMISSION.
Sworn to and subscribed before me Appikant/Consulta e
This day of _20 0 3 pre5en tive:
Signature: paw; T /? 03
r
.TANIEL SAwi cic, 5Wg LI N 6 Lt c
Sign Name of Notary Public (Print Name)
State of(fLaRr pA )
ALr-'R.C,Da C IJ-ZA Le-R. 26.gS N6 2ol* Smarr
Print Name of Notary dvrry /Q MIWMAA,PL
Street Address,City,State and Zip Code �r�4, r 33IYo
�mmisslon � 612-2232 rox 13!0 692® 796®
my CWw"M Cass M Telephone No. &Fax No.
�►o Eupigm A+guat 26,2004
WHEN PUMONER YS NOT THE OWNER OF THE SUBJECT PROPERTY, P E COMPLETE
THE FOLLOWING:
This Is to certify that I am the owner of subject lands described above and that I have authorized
(Applkmnt/Consubnt/Representative) to make and file the aforesaid
application.
Sworn to and subscribed before me Owner:
This day of__20_
Signature: Date:
Sign Name of Notary Public (Print Name)
State of( )
Print Name of Notary Street Address,City, State and Zip Code
Commission Expires:
Seal: Telephone No. &Fax No.
mnanuer aynaiovsKi,AIA•Jorge Gutierrez,AIA•Merrill Romanik,AIA•Carlos V.Gonzalezit•Pamela KraX,AIA•Nikolay Ryaboy
Petition No:
Project: SP-37-03
Forest View Estates
Variance rep=
1. Addressing the minimum lot size requirement:
The property is to be divided into 12 lots of varying sizes along with a common
area that is to belong to the homeowner's association. This common area provides
vehicular and pedestrian access to each lot as well as guest parking spaces, utilities,
and additional landscaped areas.
The sizes of the lots have been set by the outline of the private access road. In
order to disturb as few trees as possible, the road curves around existing landscape.
The curved road also provides a more aesthetically pleasing project and discourages
speeding when compared to a straight road.
Although the common area could be divided up among the lots, it is preferable
to keep it as a separate entity since the elements in it are shared. For instance the
guest parking(which is required to satisfy the parking requirements)does not belong
to any one particular lot and as such it should be located in a shared,common area.
In order to accomplish all of this some of the lot areas fall slightly below the 6,000
square foot requirement. However, if 1/12th of the common area were added to
even the smallest lot(lot 5), it would total 7,797 square feet, well above the
® minimum.
Therefore, the petitioner requests that the minimum lot size be reduced to 5,282
square feet(plus a portion of the common area).
Listed below are the proposed areas of each lot.
Lot 1: 9,929 sq. ft
Lot 2: 5,864 sq. ft.
Lot 3: 6,420 sq. ft.
Lot 4: 5,964 sq. ft.
Lot 5: 5,282 sq. ft.
Lot 6: 5,495 sq. ft.
Lot 7: 5,553 sq. ft.
Lot 8: 5,430 sq. ft.
Lot 9: 5,758 sq. ft.
Lot 10: 5,824 sq. ft.
Lot 11: 5,582 sq. ft.
Lot 12: 7,623 sq. ft.
® Forest View Estates IT,
Variance Requests
May 19,2003
Page 1 of 3 Architecture Planning Y Interior Design
3950 North 46th Avenue • Hollywood,R 33021 • Telephone 954.961.6806 • Facsimile 954.961.6807 ® starsosKAovskigutierrez.com
Manuel bynalovskl,AIA a Jorge Gutiehc ,AIA•Merrill Romanik,AIA•Carlos V.Gonzalez;AIA•Pamela KraM,AtA•Nikolay Ryaboy
2. Addressing the size of the proposed temporary construction sign:
The petitioner is requesting a temporary marketing sign that is to be composed
of half graphic image and half written content. While the combined area is larger
than the required eight square feet, the written portion is within this requirement.
Essentially, the petitioner is requesting an additional area on which to display an
attractive rendering of the project for marketing purposes. A mitigating factor for this
request is that the property is located directly along Stirling Road, which is a busy
street with a high speed limit. A larger sign would be easier for drivers to see
without having to slow down.
Therefore, the petitioner requests that the temporary sign be allowed to be 16
square feet in area.
3. Addressing the existence of an entry/monument sign:
(requesting that an entry/monument sign be allowed)
This is to be a gated, luxury single-family home community with a tree-lined,
curvilinear access road inside. While the property has only 168 lineal feet of street
frontage along Stirling Road, it is more than reasonable for a community of this size
and design to have a monument sign at the.entry. A gated community without an
entry sign is more difficult for the public to find and is also more difficult to sell to
potential buyers.
• Therefore, the petitioner requests that the entry/monument sign be allowed.
4. Addressing the maximum height of the frontage wall:
The proposed community is to have a perimeter wall/ fence along three sides of
the property. The side and rear walls will be below six feet in height, in
conformance with the zoning code. The privacy wall along the front of the property
(along Stirling Road)has been designed as a solid wall extending up to six feet with
a two-foot tall decorative metal fence along the top. While the total height comes to
eight feet, the portion that is above the maximum height is an open, decorative
feature. The privacy of the community is important, especially along a street as
public as Stirling Road, so the solid portion of the wall has been set at six feet high.
It is also important for the property to be visually appealing, so a decorative element
has been added to enhance the appearance of the privacy wall.
Therefore, the petitioner requests that the front wall assembly be allowed to
reach up to eight feet.
NO
• forest View Estate
Variance Requests
May 19,2003
Page 4 of 3 Architecture•Planning•interior Design
3950 North 46th Avenue • Holywood,FL 33021 • Telephone 954.961.6806 • facsimile 954.961.6807 • stars®synalovskigutierrez.com
Manuel Synaiovski,AIA• Jorge Guti AIA•Merrill Romanik,AIA•Carlos V.Gonzalez •Pamela ICrW,AIA•Nikolay RyabW
5. Addressing the minimum five foot landscape buffer between paving and property
line:
The property is to have a curvilinear access road that runs from Stirling Road to
the rear of the property to allow access to all twelve lots. This access road will curve
around existing landscape in order to disturb as little natural vegetation as possible.
There are certain specific points along the west property line where the code
minimum of five feet of landscaping between paving and property line cannot be
achieved without further removing or relocating additional trees. The vast majority of
the landscape buffer area alongside the access road is considerably more than the
five feet minimum(an average of approximately fifteen feet, up to twenty-nine feet
six inches at the maximum).
Therefore, the petitioner requests that the five-foot landscape buffer be reduced
to four feet at certain specific points along the west-side property line.
1.-
Iai
Forest Yew Estates
Variance Rests
May 19,2003
Page 3 of3 Architecture a Planning•Interior Design
3950 North 46th Avenue 9 Holyvvood,FL 33021 • Telephone 954.961.6806 • Facsimile 954.961.6807 • stars@synalovskigutierrez.com
AGENDA REQUEST FORM
CITY OF DANIA BEACH
AGENDA ITEM NO.
1. DATE OF COMMISSION MEETING: NOVEMBER 12, 2003
2. DESCRIPTION OF AGENDA ITEM: VARIANCE REQUEST(CONTINUE FROM 9/23/03)
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTIONS
4. SUMMARY EXPLANATION &BACKGROUND: "FOREST VIEW ESTATES" -VARIANCE
REQUEST TO ALLOW THE FOLLOWING:
a) To allow reduction of the minimum plot size below 6,000 sq.ft. (smallest lot is 5,277 sq.ft.);
(Broward County Zoning Code, Section 39-281 requires 6,000 square feet minimum plot).
b) To allow construction of an 8 foot wall at the front of the development; (6 foot high wail allowed
per Broward County Zoning Code, Section 39-81 (b) (1).
c) To allow a 4 foot landscape buffer along the west-side property line. (5 feet required, Broward
County Zoning Code, Section 39-81 (b) (1).
d) To allow erection of temporary construction sign 32 sq.ft. (Maximum 16 sq. ft. permitted).
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST):
Staff Report
Resolution
Application
Location Map
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Planning and Zoning Advisory Board recommended approval at their February 20,2003
regular meeting.
Submitted by:
Laurence G. Leeds, AICP, Director Date November 3, 2003
Community Development Department
City Manager Date
CITY OF DAMA REACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
STAFF REPORT
DATE: November 12, 2003
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director L•
Corinne Church, AICP, Principal Planner al4Q'
SUBJECT: VA-43-03 & SP-37-03: Daniel Sawicki, Stirling, LLC, a Florida
Limited Liability Company (Forest View) is requesting
variances and site plan approval for the construction of 12
single family homes generally located east of SW 35th Terrace
and west of SW 35th Avenue along Stirling Road.
VARIANCES
1) Allow reduction of the minimum plot size below 6,000 sq. ft. (Smallest lot is 5,277
sq. ft.); (Broward County Zoning Code, Section 39-281 requires 6,000 square feet
minimum plot).
• 2) Allow construction of an 8 foot wall at the front of the development (6 foot high wall
allowed per Broward County Zoning Code, Section 39-81(b) (1).
3) Allow a 4 foot landscape buffer along the west-side property line [5 feet required,
Broward County Zoning Codes, Section 39-81(b) (1)].
4) Allow erection of temporary construction sign 32 sq. ft. (Maximum 16 sq. ft.
permitted).
SITE PLAN
Site plan for the construction of 12 single family homes.
SITE PLAN ANALYSIS
The subject property is currently vacant. The property is zoned RM-5 (multi-family). The
Future Land Use Plan designation is "Low 5 Residential" (up to 5 dwelling units per gross
acre). Based on a gross acreage of 2.6 acres, the applicant is permitted 13 dwelling units,
subject to compliance with zoning requirements. 12 single family homes amounts to 4.6
dwelling units per acre.
On October 28, 2003 the City Commission continued this project to allow the City Attorney
® time to determine whether a private road can be considered part of the lot area. The
Department of Community Development has not yet received an opinion from the City
Attorney regarding this issue.
Ak
The City Commission also continued this project on September 23, 2003 requesting the
applicant to reduce the number of residential units to 11, reducing density to 4.23 dwelling
units per acre. The applicant chose not to revise the plans as requested.
The applicant still proposes 12 zero lot line dwelling units. Each unit will be provided
access via a private road, which will have a gated entrance at Stirling Road. The gated
entrance at Stirling Road provides two stacking spaces each for visitors and guests. The
Director of Public Services (see attached e-mail dated July 31, 2003) indicates that Broward
County has determined there is sufficient vehicle stacking area subject to installation of a
guard rail.
The zoning code requires 26 parking spaces (excluding garages). The plan shows 24
resident spaces (two per dwelling unit) plus four guest spaces, for a total of 28 spaces.
Each home is designed with a garage. The proposed garage dimensions scale 18 feet by 18
feet of clear space, less than the minimum two-car garage size (20' x 20� required by the
zoning code. Staff is requesting the applicant to provide the dimension of the garage space
in the homeowners' associate agreement to make purchasers aware of the limited garages
size.
The Pubic Services Director indicates his preliminary analysis indicates the proposed site
plan complies with code (see attached e-mail dated September 5, 2003). However, the
grading plan suggests the rear yards will serve as a dry retention area. Future residents
may expect that their back yards will be a drainage feature. Staff suggests that the HOA
documents reflect that this property will be used accordingly.
VARIANCE ANALYSIS
1) Allow reduction of the minimum plot size below 6,000 sq. ft. (Smallest lot
is 5,277 sq. ft.).
The minimum plot size of nine (9) of the 12 lots are less than 6,000 square feet. The plot
sizes range from 5,277 square feet to 9,718 square feet in size. While most lots are smaller
than permitted, some lots are larger. The average lot size for the development exceeds
6,100 square feet.
The reduced lot sizes are due to the location of the private road, which meanders across the
site from south to north in an effort to preserve as many existing trees in their current
location. While the minimum plot size may be achieved if the road is relocated, this may
cause the removal or relocation of additional trees. Staff supports this variance in order to
preserve the trees.
2) Allow construction of an 8 foot wall at the front of the development.
The zoning code allows a maximum height for walls and fences to be six (6) feet in
residential areas. The applicant is proposing an eight (8) foot wall at the entrance of the
development where the sign is proposed for 21.5 linear feet. The wall that extends from
the entrance sign will be six (6) feet with a two (2) foot decorative aluminum fence on top,
making the overall height eight (8) feet.
An eight foot wall is inconsistent with a fence to the west of the adjacent synagogue and a
wall on the south side of Stirling Road in Hollywood. Staff will support a variance for a six
(6) foot wall topped with a two (2) foot high decorative aluminum picket fence, painted
black.
3) Allow a 4 foot landscape buffer along the west-side property line
(adjacent to synagogue).
The reduced landscape buffer results from the existing tree location and the serpentine
private road. Four existing oak trees located in front of Units 3 and 4 are proposed to
remain at their current location. In order to preserve these trees the private road curves to
circumvent the trees resulting in a four (4) foot setback from the west property line.
The applicant is proposing to plant seven (7) Sable palms in this four foot area to visually
buffer the new homes from adjacent property. Staff supports this variance to allow existing
trees to remain undisturbed.
4) Allow erection of temporary construction sign 32 sq. ft. (Maximum 16 sq.
ft. permitted).
The applicant has requested a temporary construction sign to be erected to advertise the
sale of the proposed homes prior to and during construction. The zoning code allows a 16
square foot sign for such purpose and requires removal of the sign no later than the
issuance of the certificate of occupancy. The applicant is requesting a 32 square foot
temporary construction sign providing for a project description and rendering. Staff
supports this sign variance provided the applicant agrees to remove the sign prior to the
issuance of the last certificate of occupancy.
PLANNING AND ZONING ADVISORY BOARD RECOMMENDATION
Site Plan: Approyal subject to the following:
1) Identify the internal clear garage space (18' x 18� in the homeowners' association
documents for purposes of disclosure.
2) Minimum water main size supplying hydrants must be 8" with a 6" tap (Fire
Marshall)
3) Must provide a 7.5' clearance in front and to the sides of the fire hydrants (Fire
Marshall).
4) Provide type "D" curbing on both sides of the Private Street or other suitable
materials approved by the Public Services Director to protect the vegetation.
5) Final plat to be recorded prior to issuance of any building permits and site plan to be
consistent with plat.
. 6) The HOA documents shall reflect that back yards shall be used for drainage.
• 7) Applicant shall erect no parking signs (fire lane), if requested by the Fire-Marshall,
along the private road.
Variances: Approva/ subject to the following:
1) Identify the internal clear garage space (18' x 18� in the homeowners' association
documents for purposes of disclosure.
2) Minimum water main size supplying hydrants must be 8" with a 6" tap (Fire
Marshall)
3) Must provide a 7.5' clearance in front and to the sides of the fire hydrants (Fire
Marshall).
4) Provide type "D" curbing on both sides of the Private Street or other suitable
materials approved by the Public Services Director to protect the vegetation.
5) Final plat to be recorded prior to issuance of any building permits and site plan to be
consistent with plat.
6) The HOA documents shall reflect that back yards shall be used for drainage.
7) Applicant shall erect no parking signs (fire lane), if requested by the Fire-Marshall,
® along the private road.
8) Removal of temporary construction sign prior to issuance of the last certificate of
occupancy.
CITY COMMISSION PREVIOUS ACTION
On October 28, 2003 the City Commission continued this project to allow the City Attorney
time to determine whether a private road can be considered part of the lot area.
On September 23, 2003 the City Commission continued this project requesting the applicant
to reduce the number of residential units by one. Eliminating one unit will reduce density
from 4.60 units per acre to 4.23 units per acre. The applicant chose not to revise the plans
as requested.
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