Zoning 2635-2641 University Paul Papin
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MEMORANDUM
June 20, 2005
TO: Jeanne Schneider, City Clerk
FROM:
Laura Carstens, Planning Services Manager ~
SUBJECT: Percentage of Opposition to rezoning at 2635-2641 University Avenue
Planning Services staff has reviewed a petition submitted by neighbors in the University
avenue area expressing opposition to a proposed rezoning of the property located at
2635-2641 University Avenue.
The applicant has proposed to rezone the property from R-1 and R-2 to single and two-
family residential zoning district to R-3 Moderate Multi-Family Residential zoning district.
The Zoning Advisory Commission recommended approval of the rezoning request at
their June 1, 2005 meeting. The petition contained 33 names of neighbors in opposition
and was submitted on June 15,2005. Based on the petition, there is 40.95% opposition
to the rezoning. Therefore, a super majority is required for the City Council to approve
this rezoning.
This memo is provided for your information.
LC/mkr
Planning Services Department
City Hall
50 West 13th Street
Dubuque, Iowa 52001-4864
(563) 589-4210 office
(563) 589-4221 fax
(563) 690-6678 TDD
planning@cityofdubuque.org
www.cityofdubuque.org
THE CITY OF Cj~:::~
[)UBUQt!E
~~~
June 10, 2005
The Honorable Mayor and City Council Members
City of Dubuque
City Hall - 50 W. 13th Street
Dubuque IA 52001
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RE: Rezoning
Applicant: Paul Papin
Location: 2635/2641 University Avenue
Description: To rezone property from R-1 Single-Family Residential District and R-2 Two-
Family Residential District to R-3 Moderate Family Residential zoning district.
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Dear Mayor and City Council Members:
The City of Dubuque Zoning Advisory Commission has reviewed the above-cited request.
The application, staff report and related materials are attached for your review.
Discussion
The applicant spoke in favor of the request, reviewing the history of the site and the proposed
rezoning.
Staff reviewed the surrounding zoning and land use. Staff also reviewed the existing number
of dwelling units and the potential number of dwelling units if the property is rezoned.
There were several public comments regarding the potential negative impact of rezoning on
property values of the surrounding single-family homes. A written objection from an adjoining
property owner was received and filed by the Commission.
The Zoning Advisory Commission discussed the request, noting that the old mobile home
park is grandfathered, and redevelopment of the parcels will likely improve the value of
surrounding property.
Recommendation
By a vote of 5 to 1, the Zoning Advisory Commission recommends that the City Council
approve the request.
A simple majority vote is needed for the City Council to approve the request.
R5pectfUllY s~i~ed,
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Jeff Sti es, Chairpersorf' (Z--
Zoning Advisory Commission
Attachments
Service
People
Integrity
Responsibility
Innovation
Teamwork
Prepared by: Laura Carstens. City Planner Address: 50 W. 13th St.. City Hall Telephone: 589-4210
ORDINANCE NO.
-05
AN ORDINANCE AMENDING APPENDIX A (THE ZONING ORDINANCE) OF
THE CITY OF DUBUQUE CODE OF ORDINANCES BY RECLASSIFYING
HEREINAFTER DESCRIBED PROPERTY LOCATED AT 2635/2641
UNIVERSITY AVENUE FROM R-1 SINGLE-FAMILY RESIDENTIAL DISTRICT
AND R-2 TWO-FAMILY RESIDENTIAL DISTRICT TO R-3 MODERATE
DENSITY MULTI-FAMILY RESIDENTIAL DISTRICT.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DUBUQUE, IOWA:
Section 1. That Appendix A (The Zoning Ordinance) of the City of Dubuque
Code of Ordinances is hereby amended by reclassifying the hereinafter-described
property from R-1 Single-Family Residential District and R-2 Two-Family
Residential District to R-3 Moderate Density Multi-Family Residential District, to
wit:
Lots 1 of 7,8,9,46,47,48,49,50 and 2 of 51 all of Lenox Addition, and to
the centerline of the adjoining public right-of-way, all in the City of Dubuque,
Iowa.
Section 2. The foregoing amendment has heretofore been reviewed by the
Zoning Advisory Commission of the City of Dubuque, Iowa.
Section 3. This ordinance shall take effect immediately upon publication, as
provided by law.
Passed, approved and adopted this
day of
2005.
Terrance M. Duggan, Mayor
Attest:
Jeanne F. Schneider, City Clerk
Doo~
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Oty of Dubuque
Planning Services Department
Dubuque, LA 52001-4864
Phone: 563-589-4210
Fax: 563-589-4221
PLANNING APPLICATION FORM
o Variance
DConditional Use Permit
DAppeal
DSpecial Exception
DUmited Setback Waiver
~ning
JEiPlan~ned District
DPreliminary Plat
DMinor Rnal Plat
DText Amendment
DSimple Site Plan
o Minor Site Plan
o Major Site Plan
o Major Rnal Plat
DSimple Subdivision
DAnnexation
DTemporary Use Permit
DCertificate of Economic Non-Viability
DCertificate of Appropriateness
DOther:
Property owner(s):
Address: r-;;'155
Please tvoe or Drint leaiblv in Ink
I~A U L J. PAP}tJ
JAcl'\SON OV/: jJV8tJ\jJVF
poone:363 -5S/:;-577t{
State: I A. Zip: S:l 00 j
Fax Number:
Mobile/Cellular Number:
Applicant/Agent: PA (j L J. PAPiN Phone: SS6 -577~
Address: ':1955 .jAc..KSOtJ oV/: IJurav(j)l.J E state:::[A Zip: 5~OC {
Fax Number:
Mobile/Cellular Number:
I
Site location/address: Z'- ~ f Z~c..iL Lh..J\"'~Jl:...5I"" A../e.
E~iSting zoning: lZ -I / e,.,lEroposed zoning: Jt..: '\ Historic District: J...J lJ Landmark: I.J a
I
Legal Description (Sidwell ~rcel ID# OJ-lot number/block number/subdivision):
IO-2..1-2.1~ -~()I .,. 613 .,. OlC\
Total properV{ (lot) area (square feet or acres): 4--2., C) ~ n
I
Describe proposal and reason necessary (attach a letter of explanation, if needed): i"b ~I.JG"
F7 ~ pel~"t" ..,. 0 ~ - .3 ~ re... rt.eD~~U. "I-Jt .f7 Jo-iT
CERl1ACA110N: I/we, the undersigned, do hereby certify that:
1. The information submitted herein is true and correct to the best of my/our knowledge and upon
submittal becomes public record;
Fees are not refundable and payment does not guarantee approval; and
All additional required written and graphic materials are attached.
Property Owner(s): (;:>~ 9. &~
Applicant! Agent:
2.
3.
Date:
Lf 4.0 "').5 ~ '05
Date:
FOR OFFICE USE ONLY - APPUCATlON SUBMITTAL CHECKUST
Fee~ b ll. Rea!lved by: G:0r- Date: ~ Docket:
~/sketch plan 0 Conceptual Development Plan o Photo DPlat
Dlmprovement plans DDesign review project description DFloor plan o Other:
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SECTION 3. DISTRICT REGULATIONS
3.1. Residential Districts:
3-1.4. R-3 Moderate Density Multi-Family Residential District:
(A) General Purpose And Description: The R-3 district is intended to provide residential areas of
moderate density developments which may include a variety of dwelling types ranging from
single-family to low rise multi-family dwellings.
(B) Principal Permitted Uses: The following uses shall be permitted in the R-3 district:
(1) Single-family detached dwellings- [11].
(2) Two-family dwelling (duplex)-[II].
(3) Multi-family dwelling (maximum 6 dwelling units)-[9].
(4) Townhouses (maximum 6 dwelling units)-[Il].
(5) Churches, convents, and monasteries-[5].
(6) Cemeteries, mausoleums, columbariums-[ 4 7].
(7) Public and private/parochial schools approved by Iowa state board of public instruction
(K-I2)-[IO].
(8) Public or private parks, golf courses, or similar natural recreation areas- [47].
(9) Railroads and public or quasi -public utilities including substations-[ 4 7].
(10) Noncommercial nurseries and gardens-[n/a].
[ ] Parking group-See section 4-2 of this ordinance.
(C) Accessory Uses: The following uses shall be permitted as accessory uses as provided in
section 4 of this ordinance:
(1) Attached garages.
(2) Detached garages.
(3) Noncommercial greenhouses.
(4) Solar collectors.
(5) Wind generators.
(6) Satellite receiving dishes.
(7) Storage buildings.
(8) Readily movable sports, recreation, or outdoor cooking equipment.
(9) Tennis courts, swimming pools and similar permanent facilities.
(10) Home occupations.
- (11) N oncominercial gardens and nurseries.
(12) Off street parking and storage of vehicles.
(13) Fences.
(14) Garage sales or rummage sales provided that not more than three '(3) such sales shall be
allowed per premises per calendar year and not more than three (3) consecutive days per sale.
(D) Conditional Uses: The following conditional uses are permitted in the R-3 district, subject to
the provisions of section 5 of this ordinance and are the minimum requirements for
application to the board of adjustment for a conditional use permit:
(1) Individual zero lot line detached dwellings, provided that:
(a) The adjoining property owner, on the zero lot line side, agrees to the property line
location and to providing a five foot (5') maintenance easement prior to board review;
and
(b) The roof overhang shall not extend across the property line; and
(c) A minimum of six feet (6') can be maintained between homes and other structures.
(2) Group homes, provided that:
(a) Not less than six hundred fifty (650) square feet oflot area be provided per resident;
(b) The parking group requirements can be met-[4];
(c) Signs shall not be permitted except for nameplates.
(3) Bed and breakfast home, provided that:
(a) The structure is either regulated by the historic preservation ordinance or is listed on
the national register of historic places;
(b) The property has a full time resident owner or resident manager;
(c) The structure has a minimum total floor area of four thousand five hundred (4,500)
square feet, with not more than one sleeping room for each seven hundred fifty (750)
square feet of floor area, with a maximum of nine (9) sleeping rooms;
(d) Signage shall be limited to one wall mounted, projecting sign with not more than a
forty inch (40") projection, or freestanding sign, per street frontage not to exceed six (6)
square feet in area, not internally illuminated, and with direct lighting only with sharp
cutoff luminance;
(e) The permit shall not license the property for rental as a private club, museum, or tour
home; and
(f) Parking shall be provided at a rate of one space per guest room. The parking shall be
provided on site or on a street frontage of the property, and should not intensify parking
problems in the neighborhood.
(4) Hospice, provided that:
(a) The parking group requirements can be met-[2];
(b) Signs shall not be permitted.
(5) Group daycare center provided that:
(a) Forty (40) square feet of indoor floor area (excluding halls and bathrooms) is provided
per child in areas occupied by cribs, thirty five (35) square feet of indoor area (excluding
halls and bathrooms) is provided per child in areas not occupied by cribs times the
licensed capacity and seventy-five (75) square feet of fenced outdoor recreation space is
provided per child using the space at a given time;
(b) The parking group requirements can be met-[8];
(c) Such facility shall supply loading and unloading of children so as notto obstruct
public streets, or create traffic or safety hazards; :
(d) All licenses have been issued or have been applied for awaiting the outcome of the
board's decision; and
(e) Signage shall be limited to one (1) nonilluminated, wall-mounted sign not to exceed
four (4) square feet in area.
(6) Roominglboarding houses, maximum ten (10) roomers, provided that;
(a) The parking group requirements can be met-[4];
(b) The owner or manager of said use shall maintain a permanent residence on site.
(7) Nursing or convalescent home, provided that:
(a) The minimum lot size for such use shall be forty thousand (40,000) square feet;
(b) A minimum lot frontage of one hundred (100) feet shall be maintained; and
(c) The parking group requirements can be met-[2];
(8) Housing for the elderly and persons with disabilities, provided that:
(a) The parking group requirements can be met-[3].
(9) Mortuaries and funeral homes, provided that:
(a) A minimum lot size of twenty thousand (20,000) square feet shall be provided;
(b) A minimum lot frontage of one hundred (100) feet shall be maintained;
(c) The forty (40) percent maximum lot coverage shall not be exceeded;
(d) A site plan shall be provided showing the proposed layout of the buildings, parking
area, drive aisles, and required screening and landscaping according to the site plan
provisions of section 4-4 of this ordinance;
(e) The parking group requirements can be met-[12].
(10) Off-street parking of operable automobiles to serve a permitted or conditional use in an
abutting office, commercial (except C-l District), institutional or industrial district, provided
that:
(a) No structure other than a screening or security fence or wall shall be erected on the
premIses;
(b) Signage shall be limited to one (1) freestanding sign of no more than six (6) square
feet in size per drive opening, identifying the parking use, providing directions or
marking entrances and exits thereto;
(c) A site plan shall be submitted and approved as provided in Section 4 of this
ordinance.
(11) Off-premise residential garage, provided that:
(a) It is incidental and subordinate to a permitted residential use and located on a lot
within three hundred (300) feet of the residential use it serves;
(b) It is owned and maintained by the property owner within three hundred (300) feet of
the residential use it serves;
(c) Such use shall be designed, constructed and maintained in harmony with the
residential setting, in which it is located;
(d) No such use shall exceed seven hundred and twenty (720) square feet of floor area per
dwelling unit and a height of fifteen (15) feet;
(e) No commercial storage, sales or home occupations shall be permitted within such
structure;
(f) No outside storage shall be permitted in conjunction with such use;
(g) A site plan shall be submitted as provided for in section 4-4 of this ordinance.
[] Parking group-See section 4-2 of this ordinance.
(E) Temporary uses: The following uses shall be permitted as temporary uses in the R-3 District:
(1) Building or trailer for storage of materials and! or equipment necessary for construction
authorized by a valid building permit, provided the location of the building or trailer has
been approved by the building official.
(F) Bulk regulations:
Front Yard Setbacks
Lot Area
In Square Lot Coverage Rear Yard Building
R-3 DISTRICT Feet Frontage As% Side Yard Setback Height In
BULK REGULATIONS x 1,000 In Feet Lot Area Min. Max. Setback % Depth Feet
Permitted Uses
Single-family residential 5 50 40 20 50 4 20 30
Two-family residential 5 50 40 20 50 4 20 30
Multi-family residential
(maximum 6 DU) 3.2/DU 50 40 20 4 20 30
Townhouse
(maximum 6 DU) .5/DU 16/DU 40 20 4/0 20 30
Church 20 100 40 20 20 20 20
(see section 2-5.10)
Conditional Uses
Individual zero lot line 5 50 40 20 50 10/0 20 30
Group home 5 50 40 20 4 20 30
Hospice 5 50 40 20 4 20 30
Rooming/boarding house 5 50 40 20 4 20 30
Nursing home 20 100 40 20 20 20 30
Mortuary, funeral home 20 100 40 20 20 20 30
Off-premises
residential garage 20 100 40 20 20 20 30
(G) Parking requirements. See section 4-2 of this ordinance.
(H) Signs. See section 4-3 of this ordinance.
REZONING STAFF REPORT
Zoning Agenda: June 1,2005
Property Address:
Property Owner:
Applicant:
2635/2641 University Avenue
Paul Papin
Paul Papin
Proposed Land Use:
Existing Land Use:
Adjacent Land Use:
Former Zoning:
Multi-family residential
Proposed Zoning: R-3
Legally non-conforming mobile
home park
Existing Zoning: R-1/R-2
North - Residential
East - Residential/Commercial/Office
South - Residential/Office
West - Residential/Office
Adjacent Zoning: North -R-1
East -R-1 ,R-2,C-1
South -R-2
West -R-1, R-2
1934 - Business B; 1975 - R-2/R-4;
1985 - R-2/R-1
Total Area: 1 Acre
Property History: The property was originally developed as a mobile home park under
Business 2 zoning and subsequently rezoned to R-1 and R-2 residential districts. The
property is currently legally non-conforming.
Physical Characteristics: The subject property consists of three lots that total approximately
one acre in area. The largest lot has frontage on both University Avenue and Beverly Street
and accommodates approximately 10 legally non-conforming older mobile homes. The two
smaller lots have frontage on University Avenue, one with a duplex and the other with a
legally non-conforming mobile home. There is an access drive that bisects the property from
University Avenue to Beverly Street. The property is sloped, dropping approximately 18 feet
from its high point along University Avenue to Beverly Street.
Concurrence with Comprehensive Plan: Land Use and Urban Design Goals state, "To
encourage the concept of mixed use development to diverse and self-sufficient
neighborhoods, and to buffer and protect incompatible uses from each other." The proposed
Land Use Map recommends commercial and multi-family residential development for this
property.
Impact of Request on:
Utilities: Existing utilities are adequate to serve the site.
Traffic Patterns/Counts: Iowa Department of Transportation 2001 Average Daily Traffic
Counts indicate 11,100 vehicle trips per day along University Avenue north of the
subject property at its intersection with Pennsylvania Avenue and 7,800 vehicle trips per
Rezoning Staff Report - 2635/2651 University
Page 2
day south of the subject property on University Avenue. The potential for traffic
generated under R-1 and R-2 zoning standards is not significantly different than what is
likely under R-3 zoning.
Public Services: Existing public services are adequate to serve the site.
Environment: Staff does not anticipate any adverse impact to the environment provided
adequate erosion control and storm water control is provided during all phases of
development.
Adjacent Properties: The neighborhood is a mixed-use area with
commercial/office/single and multi-family development and a legally non-conforming
mobile home park. Redevelopment of this property will serve to eliminate a legally non-
conforming mobile home park with older, often dilapidated trailers. Multi-family
residences of up to six units per building may replace these trailers. If redeveloped, the
required amount of paved off-street parking, paved access drives and screening will be
required. Overall, redevelopment of this lot should have a positive impact on the value
of the subject property and adjacent property.
CIP Investments: None proposed.
Staff Analysis: The applicant is proposing to rezone an existing legally non-conforming
mobile home park that has approximately 11 mobile homes and one duplex from R-1 and R-
2 to R-3 Multi-Family Residential. This property is located in a mixed-use area that contains
offices, a hair salon, and single and multi-family housing. The lots have frontage on both
University Avenue and Beverly Street with a through gravel driveway that connects the two
streets. There is approximately 18 feet of grade change between the University Avenue
frontage and the Beverly Street frontage.
The property currently has a number of older, small, deteriorated mobile homes and ill-
defined gravel drives and parking areas. If redeveloped, based on minimum lot area
standards, this property could accommodate two six-plexes and one four-plex. Currently,
the number of mobile homes coupled with the potential for redevelopment of the vacant lots
would also permit 16 units.
Staff recommends the Zoning Advisory Commission review Section 6-1.1 of the Zoning
Ordinance that establishes criteria for granting a rezoning.
Prepared by: ~He;t"I~~~~Reviewed:
; 'ZS'O S
GU ~r--1"'t"1'~ ~--r
A ~ fZ.;&AY)? u-J""Cc
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Zoning Advisory Commission
Citv Hall
50 West 13th Street
Dubuque, Iowa, 52001-4864
Regarding proposed zoning change of 2635/2641 University Avenue.
I am against rezoning the above mentioned property to R 3 Moderate Family
Residential.
\Ve have not been given information as to size of buildings, how close to property
line etc.
The increase in size will increase traffic. Our property being directly adjacent
may be used as a parking area.
This rezoning will have a detrimental effect on the value of 2645 University and
our privacy as well.
There will be a decided increase in noise level because of the increase in
population.
This is a very nice neighborhood of single family homeowners. We desire only
the best. We are proud of our well maintained properties.
Sincerely, . ,...}' - /II}. ~ . '. ._ " )
&aLd,l{>,~
EI. sbeth Williams .-fA~
rJ-b if5 tir~J ~/, d
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June 15, 2005
Mayor Duggan
City Hall
50 West 13th St.
Dubuque, IA 52001
RE: Rezoning the property at 2635/2641 University Avenue, Dubuque, IA 52001.
Dear Mayor Duggan,
We are writing this letter to draw your attention to the possible rezoning of 2635/2641
University Avenue, Dubuque, IA 52001.
We, the undersigned encourage the board to repudiate the rezoning of 2635/2641
University Avenue, Dubuque, IA 52001. A public meeting was held on June 1,2005 in
which the Zoning Advisory Commission approved the rezoning of the above property
from a R-1 Single Family and R-2 Two Family District to R-3 Moderate Family
Residential District.
This property is located between R-1 and R-2 zoned properties. The traffic through our
neighborhood streets (University and Van Buren) is currently heavy, constant and
unsafe, therefore rezoning this property to a R-3 would produce heavier traffic causing
additional unsafe conditions for our children. The current parking in the area is
insufficient and unsatisfactory, thus rezoning the property would cause additional
parking problems. We believe that many individuals will be adversely affected by
rezoning the property.
It is our understanding the future intentions of the properties new owner (Lori Westmark)
only requires an R-2 zoning, so we urge the city council to disapprove the rezoning of
this property for the safety of our children and all other citizens 'in the area.
All names were signed in my presence
LJ~ ~
Thank you and we appreciate your consideration in this matter.
J~~
(--'j
Vickie Hess
2661 University Ave
Dubuque IA 52001
563-583-7830
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