2021-11-09 Planning Commission Packet A�lbcrtvilli:
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PLANNING COMMISSION MEETING
Tuesday, November 9, 2021
7:00 PM
1. CALL TO ORDER- ROLL CALL—ADOPT AGENDA
2. MINUTES
Planning Commission Meeting (pages 1-3)
5. PUBLIC HEARINGS
a. Public hearing to consider a request of Konz Crossing for a conditional use permit
for drive through service lane, a variance from the stacking length requirement for a
drive through service lane and a conditional use permit for outdoor dining for the
property at 5703 Lachman Avenue (pages 4-24)
6. OTHER BUSINESS
Verbal update on the following recent zoning inquiries.
Centra Homes—Pysk property.
Super Siders—Industrial interest in lot along 67 h Street
Scherer Bros. —Industrial relocation to lot along 67th Street.
Jeremy Grittner— Self-storage interest in a site west of Welcome Furniture.
Preserve Outlots rezoning to P/I for the Joint Water Works site.
Driveway widths.
7. ADJOURNMENT
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ALBERTVILLE PLANNING COMMISSION
TUESDAY, OCTOBER 12, 2021
DRAFT MINUTES
ALBERTVILLE CITY HALL 7:00 PM
1. CALL TO ORDER- ROLL CALL-ADOPT AGENDA
Chair Buhrmann called the meeting to order at 7:00 p.m.
Maeghan Becker conducted roll call.
Present: Chair Buhrmann and Commissioners Anderson, Hayden, Huggins, Smith and Council
Liaison Zagorski.
Absent: None.
Others Present: City Planner Al Brixius, and Building Permit Technician Maeghan
Becker, Steve and Wendy Peterson, Cindy and Michael Swierkowski, Charles
Atterberry
Motioned by Huggins,seconded by Smith to approve the agenda.Ayes:Buhrmann,
Anderson, Hayden, Huggins and Smith.Nays:None.Absent.None.MOTION DECLARED
CARRIED.
2. MINUTES
Motioned by Hayden,seconded by Anderson to approve the September 14,
2021 Planning Commission meeting minutes.Ayes:Buhrmann,Anderson,
Hayden, Huggins and Smith.Nays:None.Absent.None.MOTION DECLARED
CARRIED.
3. PUBLIC HEARINGS
A. Public hearing to consider a text amendment to Section 1000.15,
Outside Storage,replacing outdoor storage as a principal use in the
Commercial and Industrial zoning districts.
Brixius presented the Zoning Code Amendment for Outdoor Storage Principal Use to the
Commissioners with the intent to remove "as a principal or accessory use"from the text in
Section 1000ASB from the code.
Allowing this outdoor storage does not contribute to the City's comprehensive land use for
the following reasons:
1. Outdoor storage without a principal building on a lot does not contribute to the City
tax base.
2. Outdoor storage without a principal building or business on the site, does not
generate local job opportunities.
3. Outdoor storage without a principal building and an active business on the site can
become an unmanaged site creating issues for appearance and code enforcement.
In all,the Code will still allow for outdoor storage as an accessory use to an approved
commercial or industrial business.
Motioned by Huggins,seconded by Hayden to open the Public Hearing.
Ayes:Buhrmann,Anderson, Hayden, Huggins and Smith.Nays:None.
Absent.None.MOTION DECLARED CARRIED.
Cindy Swierkowski, resident at 10S39 61s' Street Ne, approached the podium.
Cindy lives next to Chuck Maeyaert, Maeyaert lives at 10479 615t Street Ne,
and they have too much outdoor storage for a residential lot. Cindy states
that this has been going on for years and has gotten worse each year and the
issue is not being resolved. Cindy brought site photos to show
Commissioners, most of the photos are views from her house and windows.
Cindy has concerns with the wording of this amendment and that she would
like "residential"to be taken out of the title. Brixius informed her that
"residential"was a typo and this amendment only pertains to
commercial/industrial lots. She was concerned that this would give her
neighbor more of a right to be able to have his outdoor storage on his
residential lot. Brixius informed her that it does not give him any rights and
gave a brief update on the current circumstances with the Maeyaert property
as it is being handled by the City Attorney going through the litigation
process. Brixius informed her that Staff would reach out to her the next day
to update her on the status of the litigation process.
Michael Swierkowski,who also resides at 10S39 61St Street Ne, approached
the podium and asked Commissioners and Brixius why nothing has been
done about the Maeyaert property for the past 1S years. Brixius informed
Michael of the complaint process and how we got to the current situation of
the litigation process. Michael gave the Commissioners an example of when
he lived in Isanti he received a fine of$1000 for having a boat on his property
that was non-complaint, and if he did not pay that fee it was a 90-day jail time
that he was looking at. Michael wanted Commissioners/staff to see where he
Planning Commission Meeting Minutes 2
Regular Meeting of October 12,2021
was coming from and he is wondering why Maeyaert is not being handled the
same way. Michael is wondering what the next act of enforcement will be
with the Maeyaert property if it is still non-complaint. Brixius responded that
that he will follow up with the City Attorney for further handling and action
on this property. Council Liaison Zagorski invited Michael to the next City
Council meeting on October 18 to discuss this property issue and the City
Attorney will be present at that meeting.
Motioned by Smith,seconded by Hayden to close the Public Hearing.Ayes:
Buhrmann,Anderson,Hayden, Huggins and Smith.Nays:None.Absent:
None.MOTION DECLARED CARRIED.
Motioned by Anderson,seconded by Hayden to approve the text amendment to
Section 1000.15, Outside Storage, replacing outdoor storage as a principal use
in the Commercial and Industrial zoning districts as amended with striking
"Residential"from the title and with the conditions listed in the planner's
report dated September 8,2021.Ayes:Buhrmann,Anderson, Hayden, Huggins
and Smith.Nays:None.Absent.None.MOTION DECLARED CARRIED.
4. OTHER BUSINESS
A. PowerPoint Presentation on Zoning/Comprehensive Plan
Brixius presented the 2018 Vision Study and the Legal Basics of Planning and Zoning to
Commissioners.
Commissioners would like to know how or who promotes Albertville for potential
businesses. They would like to be more involved in the businesses that do approach the
City and would like to see agendas/minutes from these types of meetings. Brixius informed
Commissioners that they have Consultant meetings every Tuesday after a Council meeting
where they discuss these types of things or have meetings with potential
businesses/property owners.
5. ADJOURNMENT
Motioned by Smith,seconded by Anderson to adjourn the meeting at 8:13p.m.
Ayes:Buhrmann,Anderson, Hayden, Huggins and Smith.Nays:None.Absent.
None.MOTION DECLARED CARRIED.
Respectfully submitted,
Maeghan M. Becker, Building Permit Technician
Planning Commission Meeting Minutes 3
Regular Meeting of October 12,2021
NORTHWEST ASSOCIATED CONSULTANTS, INC.
4150 Olson Memorial Highway, Ste. 320, Golden Valley, MN 55422
Telephone: 763.957.1100 Website: www.nacplanning.com
PLANNING REPORT
TO: Adam Nafstad
FROM: Alan Brixius
DATE: November 3, 2021
RE: Albertville - Konz Crossing (Raw Table Restaurant)
• Conditional Use Permit for Accessory Drive-through Service Lane
• Variance from Stacking Space Requirement for an Accessory
Drive-through Service Lane
• Conditional Use Permit for Accessory Outdoor Dining
FILE: 163.06 - 21.08
BACKGROUND
Andy & Christine Konz have requested the approval of three applications associated
with a proposed "Raw Table" restaurant intended to occupy space within the recently
approved "Konz Crossing" retail center located north of 57th Street NE and west of
Lachman Avenue NE (5703 Lachman Avenue NE).
Approved in February of this year, the "Konz Crossing" retail center occupies a 2.8-acre
site which consists of two, multi-tenant commercial buildings. The Phase 1 building,
within which the "Raw Table" restaurant is proposed, measures 15,115 square feet in
size. The proposed "Raw Table" restaurant would occupy the westernmost bay within
the building and occupy an area measuring 2,951 square feet in size.
To facilitate the development proposal, approval of the following applications has been
formally requested:
1. Conditional Use Permit to allow an accessory drive-through service lane.
2. Variance from the minimum vehicle stacking requirement for a drive-
through service lane.
3. Conditional Use Permit to allow accessory outdoor dining.
4
The subject site is zoned B2-A, Special Business which lists "restaurants" as a
permitted use and "accessory drive-through service lanes" and "accessory outdoor
dining facilities" as conditional uses.
Attached for Reference:
Exhibit A: Site Plan
Exhibit B: Grading & Drainage Plan
Exhibit C: Sanitary Sewer and Water Plan
Exhibit D: Storm Sewer Plan
Exhibit E: Storm Water Pollution Prevention Plan
Exhibit F: Landscape Plan
Exhibit G: Building Perspectives
Exhibit H: Building Elevations
Exhibit I: Floor Plan
Exhibit J: Outdoor Dining Area Detail
ISSUES AND ANALYSIS
DRIVE-THROUGH SERVICE LANE - CONDITIONAL USE PERMIT AND VARIANCE
Drive-through Service Lane Requirements. As shown on the submitted site plan, the
drive-through service lane for the "Raw Table" restaurant is proposed on the west side
of the building and provides stacking space for four vehicles.
Within 132-A zoning districts, drive-through service lanes which are accessory to a
permitted use are subject to conditional use permit processing and are allowed only if
the following criteria are satisfied:
A. Not less than one hundred twenty feet(120) of segregated automobile
stacking must be provided for the single service lane. Where multiple
service lanes are provided, the minimum automobile stacking may be
reduced to sixty feet(60) per lane.
Comment: As indicated above, the Ordinance stipulates that not less than 120 feet
of segregated automobile stacking must be provided for the single service lane. In
contrast, only 76 feet of vehicle stacking space is proposed by the applicants
(which may accommodate the stacking of four vehicles). Thus, the amount of
proposed stacking space is far short of that required by the Ordinance.
5
Therefore, to accommodate the proposed amount stacking space, the processing
of a variance is necessary. Approval of such variance will be made a condition of
conditional use permit approval to allow an accessory drive-through lane.
Variance: The applicant is requesting a variance from the required stacking for
drive through service lane, on the basis that their service lane will only be used for
pick-up of call ahead food orders. There will not be a menu board or order station
associated with this service lane that would allow for food orders at the site. The
call in arrangement will allow time for food preparation before the customer arrives
for pick up. The issue with the drive through lane is having all customers aware of
how this service lane will operate. In this regarded, approval of a variance requires
the following conditions.
1. There will be no menu board or order station allowed or constructed with
the service lane.
2. Applicant shall submit a directional sign plan for the drive through service
lane to direct traffic and to make customers aware that there is no on-site
ordering of food or beverages at the service lane.
Sufficient stacking is a critical component of a traditional drive through service
lanes with on-site ordering. In many recent, developments we have witnessed that
the City's requirement of 120 feet of stacking is minimally sufficient. The requested
drive through service lane with only 4 cars stacking can be acceptable with an
order ahead operation and quick customer transactions. The aforementioned
conditions are necessary to allow any variance from the City stacking standard.
B. The stacking lane and its access must be designed to control traffic in
a manner to protect the buildings and will not interfere with on-site
traffic circulation or access to required parking spaces.
Comment: In review of the submitted site plan, some concern exists regarding the
proximity of the drive-through lane to the proposed outdoor dining area to the
south. In this regard, it is recommended that the following steps be taken to
minimize vehicle impacts on outdoor diners:
1. The proposed drive-through lane shall be curbed with a minimum setback of
two feet from the outdoor dining area. The two foot setback allows an
automobile to overhang the curb without damaging the fence.
2. While some screening is proposed along the north boundary of the outdoor
dining area (a six-foot-long segment of lattice screening with planters), it is
6
recommended that screening be provided along the north boundary of the
dining area (to screen the area from view of the abutting drive-through lane).
At the same time, such screening efforts should maintain proper visibility for
vehicles which exit the drive-through lane.
C. No part of the public street or boulevard may be used for stacking of
automobiles.
Comment: This is not applicable to the proposed drive through lane.
D. The stacking lane, order board intercom, and window placement shall
be designed and located in such a manner as to minimize glare to
adjacent premises, particularly residential premises, and to maximize
maneuverability of vehicles on the site.
Comment: As a condition of both the variance and conditional use permit no
menu board or order station shall be allowed or constructed with this drive
through service lane.
Applicant shall submit a directional sign plan for the drive through service lane to
direct traffic and to make customers aware that there is no on-site ordering of
food or beverages at the service lane.
E. The drive-through lanes shall be screened from view of adjoining
residential zoning districts and public street rights of way.
Comment: This is not applicable to the proposed drive through service lane.
F. Hours of operation shall be limited as necessary to minimize the effect
of nuisance factors such as traffic, noise, and glare.
Comment: The location of the restaurant and drive through service lane is in a
commercial area and away from residential land uses. We do not anticipate a
need to limit the hours of operation.
G. A lighting and photometric plan will be required that illustrates that
drive-through service lane lighting shall comply with section 1000.10
of the Ordinance.
Comment: A lighting plan was approved with the overall Konz Crossing project
in February, 2021 which applies to the site. The lighting plan did not have any
exterior light fixtures on the west side of the building. Any additional lighting
associated with the drive through lane (over the service window) must be 90
7
degree cutoff fixture with a shielded light source. If additional lighting is proposed
on this side of the building, the exterior fixture must match the balance of the on
building fixtures and meet the city code requirements.
ACCESSORY OUTDOOR DINING - CONDITIONAL USE PERMIT
Accessory Outdoor Dining Requirements. As shown on the submitted site plan
(Exhibit J), an accessory outdoor dining area, measuring 496 square feet is size, is
proposed near the southwest corning of the building.
Section 4350.4 of the City Code establishes a specific set of conditions that must be
satisfied for accessory outdoor dining facilities located within B-2A Zoning Districts. The
following is a listing of each condition followed by Staff comment:
A. The applicant shall be required to submit a site plan and other pertinent
information demonstrating the number, location, and type of all tables,
refuse receptacles, and wait stations.
Comment. The applicant has submitted a site plan detail which illustrates the
location of tables within the outdoor dining area (see attached Exhibit J). The
site plan shows seven tables with four seats at each table, resulting in a total of
28 seats.
B. Access to the dining area shall be provided only via the principal building
if the dining area is a full-service restaurant or tavern, including table
waiting service. All exit gates shall be marked "Exit Only"and shall meet
all building code requirements.
Comment. Access to the outdoor dining area is proposed to occur through the
restaurant. Specifically, access is proposed through a door located at the
southwest corner of the building.
The applicant's building elevation (Exhibit H) indicates that the dining area will
be enclosed with an attractive black metal rail with cable infills fence. Applicant
will be required to provide a crash bar latch gate exit only leaving the
dining area without having to travel through the building. Additionally, Staff
recommends that the fence be installed a minimum of 2 feet inside the parking
island curb to reduce the potential damage to the fence from automobiles
traveling through the site.
8
C. The size of the dining area is restricted to 20 percent of the gross area of
the current building and shall maintain the lot requirements of the district.
Comment. The footprint of the proposed outdoor dining area (496 square feet)
which is approximately 17 percent of the gross floor area of the restaurant
building (2,951 square feet). Thus, this requirement has been satisfied.
D. The dining area is screened from view from adjacent residential uses.
Comment. The subject site is not bordered by any residential uses. Thus, the
preceding screening requirement is not applicable.
E. All lighting shall be hooded at ninety degrees (900) and directed away
from adjacent properties. No luminaries shall extend beyond the 90-
degree cutoff.
Comment. The Building perspectives show a string of lights over the outdoor
dining area. This does not meet the 90 degree cutoff requirement. The proposed
lights with be low intensity and will not cast glare beyond the site. In review of
the applicant's requested lighting Staff does not believe this will create nuisance
light issues and maybe acceptable. The applicant will need to provide a plan
showing the light mounting and demonstrate how electricity will be provided to
the light fixtures. The lighting plan must be approved by the City's Building
inspector.
F. No outdoor dining shall be allowed on the public sidewalk.
Comment. Outdoor dining is to be confined to the proposed outdoor dining
area as illustrated on the submitted site plan. In this regard, no dining activities
are proposed upon a public sidewalk.
G. The dining area is surfaced with concrete, bituminous or decorative
pavers or may consist of a deck with wood or other flooring material that
provides a clean, attractive, and functional surface.
Comment. The proposed outdoor dining area is being located on a raise
parking lot island. This area shall have a concrete surface.
H. A minimum width of 36 inches shall be provided within aisles of the
outdoor dining area.
Comment. According to the submitted patio detail (Exhibit J), a 4'-6" wide aisle
is proposed between dining area tables. Thus, this requirement has been
satisfied.
9
1. Off-street parking shall be adequate for both indoor and outdoor seating
areas.
Comment. As part of the review of the Konz Crossing retail center application
in February of this year, a conditional use permit was approved to allow joint
parking for the commercial building within which the proposed restaurant is to
be located, and a future commercial building located to the north.
Using the general off-street parking supply standard of one stall per 200 net
square feet of retail area, it was determined that a minimum of 130 parking
stalls is required between the two retail building uses. Appropriately, the
approved site plans illustrate 130 parking stalls.
While the proposed accessory outdoor dining facilities will not result in the loss
of any parking stalls, it will add 496 square feet of dining space floor area, on a
seasonal basis, to the retail center which was not originally anticipated (and
therefore not calculated).
If 496 square feet of floor area for the outdoor dining area is added to required
off-street parking supply calculation for the retail center, three additional parking
spaces would be required (using a retail area standard of one stall per 200
square feet of floor area).
In review of the submitted site plans, staff believes that the drive through
service lane will compensate for the need for an additional 3 parking spaces.
Additionally, the mix of tenants in this multiple occupancy building will have
variable parking needs. Staff finds that the available parking with the drive
through service lane to be adequate to compensate for the seasonal outdoor
dining area.
J. Refuse containers are provided for self-service outdoor dining areas.
Such containers shall be placed in a manner which does not disrupt
pedestrian circulation and must be designed to prevent spillage and
blowing litter.
Comment. As part of previous City approvals, a shared trash handling area is
to be located on the north side of the retail building within which the proposed
restaurant is to be located.
K. Property owners shall pick up litter within one hundred feet of the patio
area.
Comment. This requirement will be made a condition of conditional use permit
approval.
10
L. Live outdoor music performance shall meet the requirements of Section
5-5-3 of the City Code.
Comment. No live music is proposed in conjunction with the outdoor dining
activities. Any live outdoor music event will require a permit.
M. No electronically amplified outdoor music, intercom, audio speakers, or
other such noise generating devices shall be allowed in the outdoor
dining area.
Comment. No noise generating devices are proposed to be located within the
outdoor dining area. The prohibition of such devices will be made a condition
of conditional use permit approval.
There have been recent inquiries to allow some outdoor speaker music to
contribute to the atmosphere of the dining area. The code prohibition was
originally drafted with the anticipation of outdoor dining area occurring in close
proximity to residential uses creating nuisance issues. We ask the planning
commission to give direction to City Staff as whether limited outdoor music may
be acceptable for outdoor dining areas locate away or separated from adjoining
residential uses. This would be separate from this application but it would apply
if an ordinance change is pursued.
N. No outdoor bar, cooking facility, food preparation or holding area shall be
established.
Comment. No food preparation activities are proposed within the outdoor
dining area. The prohibition of such activities will be made a condition of
conditional use permit approval.
O. The City Council may limit the hours of operation.
Comment. Recognizing that the subject site is not located adjacent to any
residential uses, Planning Staff does not anticipate any adverse impacts which
prompt a need to limit the restaurant's hours of operation.
OTHERISSUES
Building Materials. Building materials were reviewed in general as part of the retail
center review in February of this year and were found to be acceptable.
According to Section 4350.9 of the Ordinance, all building exterior wall finishes must be
constructed of materials containing only brick, dimension stone, glass, stucco and its
replicas, wood, rock faced block or aggregate precast concrete panels.
11
As shown on the submitted building elevations, the proposed restaurant is to be finished
in a combination of fiber cement siding (of varied earth tone colors), glass, stained
cedar and aluminum. Proposed finish materials comply with applicable requirements of
the Ordinance.
Signs. As part of the previous retail center review, a comprehensive sign plan was
submitted for review and was found to comply with applicable Ordinance requirements.
All proposed signs, including those which relate to the proposed restaurant shall be
subject to the issuance of a sign permit.
RECOMMENDATIONS
Based on the preceding review, Planning Staff recommends the following:
A. Conditional Use Permit for Accessory Drive-through Service Lane / Variance
from the required stacking distance for an Accessory Drive-through Service
lane.
City Staff recommends Approval of a conditional use permit to allow an accessory
drive-through service lane and a variance from the required stacking distance for a
drive through service lane as illustrated in Civil plans dated 10/12/2021 and
architectural drawing dated 09/01/2021 for Konz Crossing at 5703 Lachman Avenue
subject to the following conditions:
1. The City approves the requested variance from the minimum vehicle stacking
requirement for a drive-through service lane subject to:
• The drive-through lane shall function solely as a pick-up lane for
previously placed orders received either via phone or online.
• There will be no menu board or order station shall be allowed or
constructed with the service lane.
• Applicant shall submit a directional sign plan for the drive through
service lane to direct traffic and to make customers aware that
there is no on-site ordering of food or beverages at the service
lane.
• The drive-through service lane shall provide stacking space for a
minimum of four vehicles as illustrated on the submitted site plan.
2. The proposed drive-through lane shall be curbed with a minimum setback of two
feet from the outdoor dining area fence.
12
3. If new lighting is proposed along the west side of the building, all lighting fixtures
must be 90 degree cutoff fixture with a shielded light source.
4. Site grading, drainage and utility plans shall be subject to the review and
approval of the City Engineer.
B. Conditional Use Permit for Accessory Outdoor Dining
City Staff recommends approval of a conditional use permit to allow accessory
outdoor dining based on the civil plans dated 10/12/2021 and the Architect drawings
dated 09/01/2021 and the outdoor dining conceptual floor plan dated 10/21/2021
subject to the following conditions:
1. An exit gate is to be provided for the outdoor dining area so customers may exit
the dining area without passing through the building, such gate shall be marked
as "exit only" and have a crash bar latch.
2. City approval of the proposed string of light within outdoor dining area. Applicant
shall provide a plan illustrating how the lights will be installed and demonstrate
how electricity will be provided to the outdoor light fixture. Said lighting plan shall
be approved by the City Building Inspector.
3. The outdoor dining area shall be surfaced with concrete, bituminous or
decorative pavers or other flooring material that provides a clean, attractive, and
functional surface.
4. The City approves the outdoor dining area finding the overall Konz Crossing
parking count to be adequate with the drive through service lane.
5. Property owners shall pick up litter within one hundred feet of the outdoor dining
area.
6. No outdoor music events shall not be allowed except upon receipt of a permit per
Section 5-5-3 of the Albertville City Code.
7. No electronic amplified outdoor music, intercom, audio speakers, or other noise
generation devices shall be allow within the outdoor dining area.
8. No outdoor bar, cooking facility, food preparation or holding area shall be
established with the conditional use permit.
cc: Scott Dalke
Maeghan Becker
Mike Couri
Andrew & Christine Konz
13
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