Res 1340 - Site Pl Rev #95-20
COUNCIL BILL NO. 1692
RESOLUTION NO. 1340
A RESOLUTION GRANTING THE APPLICATION IN SITE PLAN REVIEW CASE 95-20
AND DENYING THE APPLICATION IN VARIANCE CASE 95-14.
WHEREAS, the Woodburn Planning Commission conducted a public hearing in
Site Plan Review Case 95-20 and Variance Case 95-14, and
WHEREAS, the City Council "called up" these land use actions and conducted
a de novo hearing; and
WHEREAS, after the public hearing it was determined by the City Council that
substantial evidence in the record justifies granting the Site Plan Review application
and denying the Variance application, NOW, THEREFORE,
THE CITY OF WOODBURN RESOLVES AS FOLLOWS:
Section 1. The application in Site Plan Review Case 95-20 is granted based
upon evidence in the record before the Woodburn City Council and is justified by the
findings which are attached hereto as Exhibit "A" and are, by this reference,
incorporated herein.
Section 2. The application in Variance Case 95-14 is denied based upon
evidence in the record before the Woodburn City Council and is justified by the
findings which are attached hereto as Exhibit "A" and are, by this reference,
incorporated herein.
Approved as to for~~
City Attorney
:~J 'L 1- (4 0
Date
APPROVED:
Page 1 -
COUNCIL BILL NO. 1692
RESOLUTION NO. 1340
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...
Passed by the Council
Submitted to the Mayor
Approved by the Mayor
Filed in the Office of the Recorder
ATTEST:~~~
Mary ennant, City Recorder
City of Woodburn, Oregon
Page 2 -
COUNCIL BILL NO. 1692
RESOLUTION NO. 1340
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February 26, 1996
February 27, 1996
February 27, 1996
February 27, 1996
EXHIBIT" A"
Page 1 - of 25
STAFF REPORT
VARIANCE 95-14
SITE PLAN REVIEW 95-20
APPLICANT:
Andy Snegirev
PO Box 1166
Molalla, Or 97038
II NATURE OF THE APPLICATION:
The applicant wishes to construct a 5,100 square foot 2-bedroom 5 plex building.
This building will be used for multi-family housing. The site is 11,000 sq ft in size.
III RELEVANT FACTS:
The property is located at 749 Front Street in Woodburn and is zoned RM Multi-
Family. The property can be identified specifically on Marion County Assessor Map
5S, 1W, Section 7DC Tax Lot #300 Account #42454000. The acreage of the
property is .25 acres.
IV RELEVANT APPROVAL CRITERIA:
A. Woodburn Comprehensive Plan
B. Woodburn Zoning Ordinance
Chapter 5 Permits and Enforcement
Chapter 6 Planning Commission
Chapter 7 Public Hearing
Chapter 8 General Standards
Chapter 10 Off-Street Parking, Loading and Driveway Standards
Chapter 11 Site Plan Review
Chapter 13 Variance Procedures
Chapter 26 Multi-Family District
C. Landscaping Standards
A. Woodburn Comprehensive Plan
STAFF FINDINGS: The proposed use is consistent with and has complied with
Comprehensive plan by addressing the relevant approval criteria identified in the
Zoning Ordinance.
B. Woodburn Zoning Ordinance
Page 1 - Staff Report
- ......- . --.-.-.-.....--- -"~"_.~---..._<<..._"...._..-
EXHIBIT "A"
Page 2 - of 25
Chapter 8 General Standards
Section 8.040 Special Setback Distances
(a)(8) Front Street, Settlemier Ave to North City Limits ......40 feet.
STAFF FINDING: The applicant has shown compliance with this special setback.
Chapter 10 Off-Street Parking, Loading and Driveway Requirements
Section 10.050 Off-Street Automobile Parking Requirements
Off-Street automobile parking shall be provided in the amounts not less than those
listed below:
(b) Dwellings containing 2 or more dwellings units located on the same lot.
(2) two spaces per dwelling unit having two or more bedrooms.
STAFF FINDINGS: Five two-bedroom units are proposed, therefore ten (10) parking
spaces are needed. Ten spaces are being provided.
Chapter 11 Site Plan Review
Section 11.030 Approval of Site Plan Required
(a) No building permit for construction of structures governed by this chapter shall
be issued until the Site Plan for that structure has received approval under the
provisions of this chapter.
(b) Any conditions attached to the approval of this Site Plan shall be conditions on
the issuance of the building permit. A violation of the conditions shall be considered
a violation of this ordinance.
Section 11.070 Criteria for evaluating a Site Plan
STAFF FINDING: The applicant has addressed the Site Plan Review criteria
adequately, see attached narrative with the Site Plan Review application from
applicant.
(a) The placement of structures on the property shall minimize adverse impact on
adjacent uses.
STAFF FINDING: The applicant states that all structures to be placed on the site will
be less than 25 feet in height and will be placed within the setback boundaries. The
property to west is zoned single family, therefore the applicant has provided for the
necessary 15 foot buffer on the west side of the property. The remainder of the
property is contiguous to property that is also zoned for multi-family and therefore
there are no specific buffering requirements.
(b) Landscaping shall be used to minimize impact on adjacent uses.
Page 2 - Staff Report
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EXHIBIT" A"
Page 3 - of 25
STAFF FINDING: The applicant has addressed this Site Plan Review criteria. The site
plan indicates that 35% of the site is landscaped and that 24% of the parking lots
is landscaped. Both of these figures exceed the landscaping requirements. Buffering
has been provide for along the western boundary of the development and a 5 foot
buffer along Front Street has also been identified.
(c) Landscaping shall be so located as to maximize its aesthetic value.
STAFF FINDING: The applicant has adequately addressed this Site Plan Review
criteria in stating that the landscaping has been designed to provide a residential
appearance to the 5-plex. As stated above, the applicant has met the landscaping
standards.
(d) Access to the public streets shall minimize the impact of traffic patterns.
Whenever possible, direct access shall not be allowed to arterial streets. Wherever
possible, access shall be shared with adjacent uses of a similar nature.
STAFF FINDING: The traffic circulation will remain the same via the existing
driveway. The proposed 5-plex will generate less trips than did the existing 8 units.
(e) The design of the drainage facilities shall minimize the impact on the city's or
other public agencies drainage facilities.
STAFF FINDING: No new City services are required. The proposed use will utilize
existing facilities.
(f) The design encourages energy conservation, both in its sitting on the lot, and its
accommodation of pedestrian and bicycle traffic.
STAFF FINDING: The applicant has addressed this criteria adequately. The building
will be subject to the Uniform Building Code. Pedestrian and bicycle traffic can be
accommodated by sidewalks. The applicant is also installing 5 bike racks.
(g) The proposed site development, including the architecture, landscaping and
graphic design, is in conformity with the site development requirements of this
ordinance and with the standards of this and other ordinances insofar as the location
and appearance of the proposed development are involved.
STAFF FINDING: The applicants proposal has complied with the current ordinances
and standards discussed in this staff report.
(h) The location design, color and materials of the exterior of all structures and
signs are compatible with the proposed development and appropriate to the
character of the immediate neighborhood.
Page 3 - Staff Report
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EXHIBIT "A"
Page 4 - of 25
STAFF: The applicant has addressed this Site Plan Review criteria. The character
of the neighborhood is both single family and multi-family. The site plan indicates
that the structure will have lap siding, composition roof, lighting, and covered
porches.
Section 11.085 Time Limitation
At the time of final approval the applicant has six months to initiate construction.
If construction has not begun within this time frame, the applicant can request in
writing, a six-month extension. The Site Plan becomes void one year after final
approval: Therefore, the applicant would have to reapply after that time period.
Chapter 13 Variance Procedures
Section 13.020 (a)-(f) Conditions for Granting a Variance
(a) That there are unnecessary, unreasonable hardships or practical difficulties
which can be realized only by modifying the literal requirements of this ordinance.
STAFF FINDING: LUBA and the appellate courts have interpreted this criterion to
allow a variance only if the subject property will be virtually useless without the
variance and the hardship arises from conditions inherent in the land which
distinguish it from other land in the neighborhood. Since the subject property will
not be rendered useless and the alleged hardship is not inherent in the land, the
criterion has not been met.
(b) That there are exceptional or extraordinary circumstances or conditions applying
to the land, buildings, or use referred to in the application, which circumstances or
conditions do not generally apply to land, buildings, or uses in the same district,
however, nonconforming land uses or structures in the vicinity shall not in
themselves constitute such circumstances or conditions.
STAFF FINDING: Under this criterion the applicant must demonstrate the
exceptional or extraordinary circumstances or conditions arise out of the property
itself and not out of something personal to the property owner. This has not been
demonstrated and this criterion has not been met.
(c) That granting the application will not be materially detrimental to the public
welfare or be injurious to property or improvements in the neighborhood of the
premises.
STAFF FINDING: Site plan review of the proposed new building has been approved.
However, it is not in the public interest, or the interest of the surrounding
neighborhood to grant the variance to allow a greater number of units than allowed
by the Zoning Ordinance.
Page 4 - Staff Report
'~-- ,....~ '-"'T'""'H.'__"'~-'-
EXHIBIT" A"
Page 5 - of 25
(d) That such variance is necessary for the preservation and enjoyment of the
substantial property right of the petitioner.
STAFF FINDING: The variance cannot be justified as "necessary" simply because
not obtaining the variance will force the applicant to incur additional expense.
(e) That the granting of the application will not, under the circumstances of the
particular case, adversely affect the health or safety of persons working or residing
in the neighborhood of the property of the applicant.
STAFF FINDING: There is no evidence in the record to indicate that granting the
variance would adversely affect neighborhood health and safety.
(f) That granting of the application will be in general harmony with the intent and
purpose of this ordinance and will not adversely affect any officially adopted
Comprehensive Plan.
STAFF FINDING: Granting of the variance would not be in general harmony with the
Zoning Ordinance because the ordinance does not permit the requested number of
units and the variance criteria enumerated in the ordinance have not been met by the
applicant.
Section 13.030 Limiting Variances
The planning commission may impose such limitations, conditions and safeguards
as it may deem appropriate so that the spirit of this ordinance will be observed,
public safety and welfare secured, and substantial justice be done. The planning
commission may limit the time duration of a variance. A violation of any such
condition or limitation shall constitute a violation of this ordinance.
Section 13.090 Variance right must be exercised to be effective.
Variances granted under this ordinance shall be effective only when the exercise of
the right granted thereunder shall be commenced within six months from the
effective date of that variance, unless a longer period is specified or thereafter
allowed by the planning commission. In case such right is not exercised, or
extension obtained, the variance shall be void. A written request of an extension
of time filed with the planning director at least 30 days prior to the expiration of the
application shall extend the running of the six-month period until the planning
commission has acted on said request.
Section 13.130 Resubmission of Variance Application:
No application which has been denied wholly or in part by the planning commission
or by the common council shall be resubmitted for a period of one year from such
denial, unless consent for resubmission be given by two-thirds of the members of
the planning Commission.
Page 5 - Staff Report
~-'''''''''-
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EXHIBIT "A"
Page 6 - of 25
Section 1 3. 140 Revocation Permit
Any variance granted under this ordinance may be canceled by the planning
commission if it develops or is ascertained that the application therefore contains
any false statements. In such case, it shall be unlawful; for any person to exercise
any right granted by the Planning Commission or the Common Council pursuant to
such application.
Chapter 26 RM Multi-Family District
Section 26.080 Lot Area and Width
In the RM District the minimum lot area requirements for other residential uses shall
be 5,000 square feet plus additional lot area computed as follows:
first through fifth unit:
(2) For each dwelling unit with two bedrooms 1,600 sq. ft.
STAFF FINDING: The site is approximately 11,000 square feet in size. This would
make allowance for 4 units. The applicant is requesting a variance in order to
construct 5 units.
Landscaping Standards
STAFF: Approximately 34.8% of the lot is proposed to be landscaped. This is
sufficient to meet the landscape requirements of the RM district.
V Comments from other departments:
Fire Dept: See Attachment A
Police: See Attachment B
Building: See Attachment C
Public Works: See Attachment D
Wastewater: See Attachment E
Planning: See Attachment F
VI Recommended Conditions of Approval
1. The site plan review is subject to the approval of the variance.
2. The proposed development shall be in substantial conformance with the
preliminary plan.
Page 6 - Staff Report
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EXHIBIT "A"
Page 7 - of 25
3. Comply with vision clearance standards per Chapter 8 and 9 if applicable.
4. Comply with parking requirements of the Zoning Ordinance.
5. Comply with general planting specifications, buffering specifications and
guidelines and maintenance standards as per the standards document (pgs
1 and 2) for site plan review/landscaping.
6. Curbing, striping, sprinkler system, lighting and bicycle rack shall be kept in
good condition. Any damage shall be repaired within a timely manner.
7. On site construction shall not commence until the improvement plans have
been reviewed and approved by the public works department and all right-of-
way permits, systems development charges have been paid. Refer to part
two Pg 9 of the standards document for site plan review (Randy Scott 982-
5247).
8. Prior to building permit issuance, pay appropriate systems development
charges in effect at that time. Applicant shall show to the building
department a set of approved engineering drawings and a site plan drawn to
scale that indicates building location and setback distances to property lines.
9. Prior to occupancy permit issuance, the applicant shall comply with the
conditions of approval established by the Planning Commission and submit
one set of reproducible as-builts.
10. Conditions of approval also include the following attachments A through F.
Page 7 - Staff Report
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EXHIBIT" A"
Page 1 of 25
STAFF REPORT
VARIANCE 95-14
SITE PLAN REVIEW 95-20
APPLICANT:
Andy Snegirev
PO Box 11 66
Molalla, Or 97038
II NATURE OF THE APPLICATION:
The applicant wishes to construct a 5,100 square foot 2-bedroom 5 plex building.
This building will be used for multi-family housing. The site is 11,000 sq ft in size.
III RELEVANT FACTS:
The property is located at 749 Front Street in Woodburn and is zoned RM Multi-
Family. The property can be identified specifically on Marion County Assessor Map
5S, 1 W, Section 7DC Tax Lot #300 Account #42454000. The acreage of the
property is .25 acres.
IV RELEVANT APPROVAL CRITERIA:
A. Woodburn Comprehensive Plan
B. Woodburn Zoning Ordinance
Chapter 5 Permits and Enforcement
Chapter 6 Planning Commission
Chapter 7 Public Hearing
Chapter 8 General Standards
Chapter 10 Off-Street Parking, Loading and Driveway Standards
Chapter 11 Site Plan Review
Chapter 13 Variance Procedures
Chapter 26 Multi-Family District
C. Landscaping Standards
A. Woodburn Comprehensive Plan
STAFF FINDINGS: The proposed use is consistent with and has complied with
Comprehensive plan by addressing the relevant approval criteria identified in the
Zoning Ordinance.
B. Woodburn Zoning Ordinance
Page 1 - Staff Report
....-. ,
--,--......~_.~..-.-
EXHIBIT "A"
Page 2 of 25
Chapter 8 General Standards
Section 8.040 Special Setback Distances
(a)(8) Front Street, Settlemier Ave to North City Limits ......40 feet.
STAFF FINDING: The applicant has shown compliance with this special setback.
Chapter 10 Off-Street Parking, Loading and Driveway Requirements
Section 10.050 Off-Street Automobile Parking Requirements
Off-Street automobile parking shall be provided in the amounts not less than those
listed below:
(b) Dwellings containing 2 or more dwellings units located on the same lot.
(2) two spaces per dwelling unit having two or more bedrooms.
STAFF FINDINGS: Five two-bedroom units are proposed, therefore ten (10) parking
spaces are needed. Ten spaces are being provided.
Chapter 11 Site Plan Review
Section 11.030 Approval of Site Plan Required
(a) No building permit for construction of structures governed by this chapter shall
be issued until the Site Plan for that structure has received approval under the
provisions of this chapter.
(b) Any conditions attached to the approval of this Site Plan shall be conditions on
the issuance of the building permit. A violation of the conditions shall be considered
a violation of this ordinance.
Section 11 .070 Criteria for evaluating a Site Plan
STAFF FINDING: The applicant has addressed the Site Plan Review criteria
adequately, see attached narrative with the Site Plan Review application from
applicant.
(a) The placement of structures on the property shall minimize adverse impact on
adjacent uses.
STAFF FINDING: The applicant states that all structures to be placed on the site will
be less than 25 feet in height and will be placed within the setback boundaries. The
property to west is zoned single family, therefore the applicant has provided for the
necessary 1 5 foot buffer on the west side of the property. The remainder of the
property is contiguous to property that is also zoned for multi-family and therefore
there are no specific buffering requirements.
(b) Landscaping shall be used to minimize impact on adjacent uses.
Page 2 - Staff Report
'"9'- "".......'.'-....--.......,..-.....'..-...-'-..
EXHIBIT "An
Page 3 of 25
STAFF FINDING: The applicant has addressed this Site Plan Review criteria. The site
plan indicates that 35% of the site is landscaped and that 24% of the parking lots
is landscaped. Both of these figures exceed the landscaping requirements. Buffering
has been provide for along the western boundary of the development and a 5 foot
buffer along Front Street has also been identified.
(c) Landscaping shall be so located as to maximize its aesthetic value.
STAFF FINDING: The applicant has adequately addressed this Site Plan Review
criteria in stating that the landscaping has been designed to provide a residential
appearance to the 5-plex. As stated above, the applicant has met the landscaping
standards.
(d) Access to the public streets shall minimize the impact of traffic patterns.
Whenever possible, direct access shall not be allowed to arterial streets. Wherever
possible, access shall be shared with adjacent uses of a similar nature.
STAFF FINDING: The traffic circulation will remain the same via the existing
driveway. The proposed 5-plex will generate less trips than did the existing 8 units.
(e) The design of the drainage facilities shall minimize the impact on the city's or
other public agencies drainage facilities.
STAFF FINDING: No new City services are required. The proposed use will utilize
existing facilities.
(f) The design encourages energy conservation, both in its sitting on the lot, and its
accommodation of pedestrian and bicycle traffic.
STAFF FINDING: The applicant has addressed this criteria adequately. The building
will be subject to the Uniform Building Code. Pedestrian and bicycle traffic can be
accommodated by sidewalks. The applicant is also installing 5 bike racks.
(g) The proposed site development, including the architecture, landscaping and
graphic design, is in conformity with the site development requirements of this
ordinance and with the standards of this and other ordinances insofar as the location
and appearance of the proposed development are involved.
STAFF FINDING: The applicants proposal has complied with the current ordinances
and standards discussed in this staff report.
(h) The location design, color and materials of the exterior of all structures and
signs are compatible with the proposed development and appropriate to the
character of the immediate neighborhood.
Page 3 - Staff Report
~"'^^ __" u__--",..-"'" "_,_^"^._""" ..___,_.__
EXHIBIT "A"
Page 4 of 25
STAFF: The applicant has addressed this Site Plan Review criteria. The character
of the neighborhood is both single family and multi-family. The site plan indicates
that the structure will have lap siding, composition roof, lighting, and covered
porches.
Section 11.085 Time Limitation
At the time of final approval the applicant has six months to initiate construction.
If construction has not begun within this time frame, the applicant can request in
writing, a six-month extension. The Site Plan becomes void one year after final
approval: Therefore, the applicant would have to reapply after that time period.
Chapter 13 Variance Procedures
Section 13.020 (a)-(f) Conditions for Granting a Variance
(a) That there are unnecessary, unreasonable hardships or practical difficulties
which can be realized only by modifying the literal requirements of this ordinance.
STAFF FINDING: LUBA and the appellate courts have interpreted this criterion to
allow a variance only if the subject property will be virtually useless without the
variance and the hardship arises from conditions inherent in the land which
distinguish it from other land in the neighborhood. Since the subject property will
not be rendered useless and the alleged hardship is not inherent in the land, the
criterion has not been met.
(b) That there are exceptional or extraordinary circumstances or conditions applying
to the land, buildings, or use referred to in the application, which circumstances or
conditions do not generally apply to land, buildings, or uses in the same district,
however, nonconforming land uses or structures in the vicinity shall not in
themselves constitute such circumstances or conditions.
STAFF FINDING: Under this criterion the applicant must demonstrate the
exceptional or extraordinary circumstances or conditions arise out of the property
itself and not out of something personal to the property owner. This has not been
demonstrated and this criterion has not been met.
(c) That granting the application will not be materially detrimental to the public
welfare or be injurious to property or improvements in the neighborhood of the
premises.
STAFF FINDING: Site plan review of the proposed new building has been approved.
However, it is not in the public interest, or the interest of the surrounding
neighborhood to grant the variance to allow a greater number of units than allowed
by the Zoning Ordinance.
Page 4 - Staff Report
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EXHIBIT" A"
Page 5 of 25
(d) That such variance is necessary for the preservation and enjoyment of the
substantial property right of the petitioner.
STAFF FINDING: The variance cannot be justified as "necessary" simply because
not obtaining the variance will force the applicant to incur additional expense.
(e) That the granting of the application will not, under the circumstances of the
particular case, adversely affect the health or safety of persons working or residing
in the neighborhood of the property of the applicant.
STAFF FINDING: There is no evidence in the record to indicate that granting the
variance would adversely affect neighborhood health and safety.
(f) That granting of the application will be in general harmony with the intent and
purpose of this ordinance and will not adversely affect any officially adopted
Comprehensive Plan.
STAFF FINDING: Granting of the variance would not be in general harmony with the
Zoning Ordinance because the ordinance does not permit the requested number of
units and the variance criteria enumerated in the ordinance have not been met by the
applicant.
Section 13.030 Limiting Variances
The planning commission may impose such limitations, conditions and safeguards
as it may deem appropriate so that the spirit of this ordinance will be observed,
public safety and welfare secured, and substantial justice be done. The planning
commission may limit the time duration of a variance. A violation of any such
condition or limitation shall constitute a violation of this ordinance.
Section 13.090 Variance right must be exercised to be effective.
Variances granted under this ordinance shall be effective only when the exercise of
the right granted thereunder shall be commenced within six months from the
effective date of that variance, unless a longer period is specified or thereafter
allowed by the planning commission. In case such right is not exercised, or
extension obtained, the variance shall be void. A written request of an extension
of time filed with the planning director at least 30 days prior to the expiration of the
application shall extend the running of the six-month period until the planning
commission has acted on said request.
Section 13.130 Resubmission of Variance Application:
No application which has been denied wholly or in part by the planning commission
or by the common council shall be resubmitted for a period of one year from such
denial, unless consent for resubmission be given by two-thirds of the members of
the planning Commission.
Page 5 - Staff Report
'~ ~"""--.,.--"--'--"---'-"--"--"-"-'-'"'-'--"-'
EXHIBIT n A n
Page 6 of 25
Section 13.140 Revocation Permit
Any variance granted under this ordinance may be canceled by the planning
commission if it develops or is ascertained that the application therefore contains
any false statements. In such case, it shall be unlawful; for any person to exercise
any right granted by the Planning Commission or the Common Council pursuant to
such application.
Chapter 26 RM Multi-Family District
Section 26.080 Lot Area and Width
In the RM District the minimum lot area requirements for other residential uses shall
be 5,000 square feet plus additional lot area computed as follows:
first through fifth unit:
(2) For each dwelling unit with two bedrooms 1,600 sq. ft.
STAFF FINDING: The site is approximately 11,000 square feet in size. This would
make allowance for 4 units. The applicant is requesting a variance in order to
construct 5 units.
Landscaping Standards
STAFF: Approximately 34.8% of the lot is proposed to be landscaped. This is
sufficient to meet the landscape requirements of the RM district.
V Comments from other departments:
Fire Dept: See Attachment A
Police: See Attachment B
Building: See Attachment C
Public Works: See Attachment D
Wastewater: See Attachment E
Planning: See Attachment F
VI Recommended Conditions of Approval
1 . The site plan review is subject to the approval of the variance.
2. The proposed development shall be in substantial conformance with the
preliminary plan.
Page 6 - Staff Report
...,.'~
-"--'1f"~'._----" >-- '-
EXHIBIT II A"
Page 7 of 25
3. Comply with vision clearance standards per Chapter 8 and 9 if applicable.
4. Comply with parking requirements of the Zoning Ordinance.
5. Comply with general planting specifications, buffering specifications and
guidelines and maintenance standards as per the standards document (pgs
1 and 2) for site plan review/landscaping.
6. Curbing, striping, sprinkler system, lighting and bicycle rack shall be kept in
good condition. Any damage shall be repaired within a timely manner.
7. On site construction shall not commence until the improvement plans have
been reviewed and approved by the public works department and all right-of-
way permits, systems development charges have been paid. Refer to part
two Pg 9 of the standards document for site plan review (Randy Scott 982-
5247).
8. Prior to building permit issuance, pay appropriate systems development
charges in effect at that time. Applicant shall show to the building
department a set of approved engineering drawings and a site plan drawn to
scale that indicates building location and setback distances to property lines.
9. Prior to occupancy permit issuance, the applicant shall comply with the
conditions of approval established by the Planning Commission and submit
one set of reproducible as-builts.
10. Conditions of approval also include the following attachments A through F.
Page 7 - Staff Report
....-.-- --- ------.----.----r---.-------
1 .' EXHIBIT "A" - Page 8 of 25
WoodLwn
If:h7d
Memo To: Teresa Engeldinger, Planner
City of Woodburn
From: Bob Benck, Fire Marshal
Woodburn Fire District
Re: Apartment 749 Front S1.
Date: Aug. 16,1995
SITE PLAN REVIEW COMMENTS
WOODBURN FIRE DISTRICT
A. ACCESS Appears to meet minimum requirements.
B. FIRE FLOW : Minimum flow requirement is 2000 gpm.
C. HYDRANTS: Two hydrants within 500 feet of the structure are
required.
D. SPRINKLERS / FOC : Not required
E. ALARM SYSTEM : A manual alarm system will be required in additio1
to local smoke detectors unless individuals dwelling units and contiguous
attic and crawl spaces are separated from each other by 1 hour fire-
resistive occupancy separations and each dwelling exits directly to the
public way.
F. PREMISE IDENTIFICATION: Street address numbers must be of
contrasting material with its background, and visible from the public wa~l.
: -~6 Nc;;.berg E:~_way
,;'" _'odbU::1, Oreg-x 9707:
Attachment A
-----...------.-------r--
f'
,
EXHIBIT "A" - Page 9 of 25
Woodburn
1J~
G. CONDITIONS FOR CONSTRUCTION AfX)roved building permits and
plans must be on site.
H. BUILDING PLANS : All plans must compy with Building Codes as
adopted by the City of Woodburn. Uniform Fj'e Code compliance as adopted
. .
by Woodburn Fire District and the State of O~egon. Marion County Building
department will conduct a Fire and Life safety review if required.
I. Special Comments: None
1776 Nev.-beg Highv'1v
Woodb.:::n, Oregon ~'-071
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'" "V""" I
,.........,
~ity of Woodburn
Police Department
EXHIBIT" A" - Page 10 of 25
IMIJEIMI ([j) f&.ANJ[J)TIJIMI
270 Montgomery Street
Woodburn, Oregon 97071
(503) 982-2345
~Scott Russell
~ Detective
Date: August 9, 1995
To:
Teresa Engeldinger, Planning Department
~.
Thru:
Lt. Don Eubank
Re: SITE PLAN REVIEW 749 N.Front St., Woodburn, OR
Andy Snegirev / Future Construction
After reviewing this site plan, I would make the following comments:
1. Proper security lighting should be placed in front of and behind the new building
and on the parking lot and access/easements.
2. Landscaping (shrubberylbushesltrees) should be no higher than 3 to 4 feet to allow
observation of the building from the street.
3. New driveway approach should be clear of line of sight obstructions to facilitate
safe traffic flow on to and off of Front Street.
4. Numbering on each unit should be such that it is easily readable by emergency
personnel from the driveway of the complex.
Please feel free to contact myself or U. Eubank if you need any further information or
clarification.
Attachment B
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EXHIBIT "A" - Page 11 of 25 '
SUBDIVISIONI SITE PLAN REVIEW -- PRE-APPLlCA TIONI NOTES
--------------------------------------------------------
REQUEST DATE: August 8, 1995
DEPARTMENT: Building
CONTACT PERSON: Teresa Engeldinger, Planning Dept, 982-5246
APPLICANT: Andy Snegirev I Future Construction
TYPE OF PROJECT: Site Plan Review of a 5-plex apartment unit.
PROJECT LOCATION: 749 N. Front St. Woodburn OR 97071
T5S R1W Sec 7DC TL3000 TA42454000
CONFERENCE PLACE: Conference Room DATE: August 16, 1995
Woodburn City Hall
TIME: 3:30 P.M.
GENERAL INFORMATION TO APPLICANT
I have read the information sheet provided me and understand that which is pertinent to my Site
Plan Review/Pre-Application request. All materials are to be collated and folded.
Signature - Ownerl Agent
DEPARTMENT COMMENTS
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Attachment C
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EXHIBIT "An - Page 12 of 25;
SITE PLAN REVIEW
149 N. Front
Five-plex
Randy Scott
Public Works
GENERAL CONDITIONS
1. Final plan shall conform to the construction plan review procedures and standards.
2. Comply with special setback of 40 feet in addition to the required front yard setback.
3. Driveway approach shall comply with Woodburn commercial standards.
4. Existing wells or septic tanks shall be abandoned in conformance with state regulations.
5. Sanitary and storm sewer service can be provided from existing mains at the rear
property line at applicant's expense.
6. Domestic service can be provided from Front Street. Meter to be placed within the
right-of-way. Backflow devices may be required depending on water usage.
7. Fire protection shall be as per the Woodburn Fire District's condition of approval.
8. All work shall conform to the City of Woodburn standard and specifications and all
state building codes.
FIVEPLEX
Attachment D
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EXHIBIT II A II - Page 13 of 25 ',.
SUBDIVISIONI SITE PLAN REVIEW -- PRE-APPLlCA TIONI NOTES
~~~~~~~~~~~~~-~~~~~~~-~~~~~-
REOUEST DATE: August 8, 1995
DEPARTMENT: Wastewater
CONTACT PERSON: Teresa Engeldinger, Planning Dept, 982-5246
APPLICANT: Andy Snegirev I Future Construction
TYPE OF PROJECT: Site Plan Review of a 5-plex apartment unit.
PROJECT LOCATION: 749 N. Front St. Woodburn OR 97071
T5S R1W Sec 7DC TL3000 TA42454000
CONFERENCE PLACE: Conference Room DATE: August 16, 1995
Woodburn City Hall
TIME: 3:30 P.M.
GENERAllNFORMA TION TO APPLICANT
1 have read the information sheet provided me and understand that which is pertinent to my Site
Plan Review/Pre-Application request. All materials are to be collated and folded.
Signature - Owner/ Agent
DEPARTMENT COMMENTS
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Attachment E
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EXHIBIT II A II - Page 14 of'25
SITE PLAN REVIEW 95-20
FRONT STREET APARTMENTS 5-UNITS
PLANNING DEPARTMENT PRE-APP COMMENTS
8/16/95
Applicable approval criteria:
1. Woodburn Comprehensive Plan
2. Woodburn Zoning Ordinance
Chapter 5 Permits and Enforcement
Chapter 6 Planning Commission
Chapter 7 Public Hearings
Chapter 8 General Standards
Chapter 9 Residential Standards
Chapter 10 Off Street Parking, Loading & Driveways
Private street standards
Chapter 11 Site Plan Review
'* Chapter 13 Variance Criteria
Chapter 26 RM Multi-Family Residential District
Landscaping Standards
Sign Ordinance
The following information is needed in order to review the application for completeness.
This information must be submitted to the Planning Department no later than 4:30 PM
AugustJ}l, 1995. Please note that a complete application must be submitted, reviewed and
acceptea by the Planning Department at least 21 days prior to the scheduled Planning
Commission hearing on September 14, 1995. Review for completeness takes 10 working
days.
A certified list prepared by a title company of property owners within 100 feet of the site.
Appropriate application fees.
Applicable sections of Zoning Ordinance:
Chapter 8 General Standards
Section 8.040. Special Setback Distances
(a) (8) Front Street, Settlemier Avenue to North City Limits.......40 Feet
Chapter 10
Section 10.010 (a)
Section 10.050 (b)(2)
Section 10.070 (a) through (i) Parking and Loading Area Development Requirements.
Section 10.080 Driveway Standards (c), (I) (9) (a) (b)
Attachment F
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EXHIBIT II A II - Page 15 of 25 .~
Address variance approval criteria section 13.020 (a) through (f) if applicable.
Review of the application is subject to Section 11.070 (a) through (h) of the Woodburn
Zoning Ordinance. The applicant must submit 13 copies of a narrative addressing all of this
approval criteria.
Provide a site plan per Section 11.020 Site Plan Composition that shows circulation,
access, parking/loading location and total number of parking spaces, total square footage
of the proposed building, and the location of the existing landscaped areas with dimensions
of those areas.
Specifically address the following:
location of entrances and exits and direction of traffic flow into and out of parking areas
areas of turning and maneuvering of vehicles
type, color and texture of exterior surfaces
sign plan
existing contours
existing storm drainage/proposed storm drainage
existing easements
Provide information per VII of landscape policies and standards 1,2,3,4,5. Total area (sq
ft) of the proposed landscaping needs to be broken into three major components:
Total square footage of site
Street frontage landscaping sq. ft and % of site
Parking lot landscaping sq. ft and % of site
buffer strip landscaping SQ. ft and % of site
Total % of site landscaped
Indicate total square footage of impervious surface.
The proposed use is allowed per chapter 26 section 26.010 (11)
Show compliance with
section 26.040 height
section 26.050 rear and side yard setback
section 26.060 front yard setback
section 26.070 landscaped yards
section 26.080 lot area and width
'. .---.- ._- T
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~~~- -~~~
EXHIBIT "A" - Page 16 of 25
Provide thirteen (13) copies of application, site plan, and supporting documents for Planning
Commission Members and staff.
General Conditions and Recommendations
5taff's recommendations to the Planning Commission will include Police Department
comments. Staff feels these recommendations lend compliance with the Comprehensive
Plan Policies. landscaping, play areas (tot lots),lighting, anti-graffiti paint are just some
techniques that can be utilized to combat some of the problems identified by the Police
Department.
Meet landscaping requirements.
Provide irrigation plan following preliminary approval.
Meet sign ordinance requirements if applicable.
Meet parking standards for parking spaces and driveway dimensions and access spacing.
Provide a preliminary lighting plan. A final a lighting plan shall be submitted to the Police
Department following preliminary approval.
After preliminary approval by Planning Commission, the developer shall submit engineering
plans to Public Works Department (see part two pg. 9 Standards Document for Plan
Review) .
After Engineering approval, building permits may be issued.
Please call if you have any Questions.
Community Development Department 982-5246
"'~~."--'-'------"-""
.,
EXHIBIT "A" - Page 17 of 25
RECEIVED NOV 1 4 1995
SITE PLAN APPLICATION
FOR
11,000 SQFT, RM DISTRICT PROPERTY
AT
749 FRONT ST NORTH OF HARISSON
FOR USE OF APARTMENT COMPLEX 5-UNITS
APPLICANT/OWNER
ANDY SNEGIREV 34095 S HWY 213 MOLALLA,
OR 97038 503 829-3519
PROJECT NAME
FRONT ST. APARTMENTS
DEVELOPER/BUILDER FUTURE CONSTRUCTION P.O. BOX 1166 MOLALLA
OR 97038 503 829-3519
LEGAL DESCRIPTION
TAX & ACCOUNT NO 42454000
STATEMENT OF INTENT
It is Andy Snegirev intent to utilize this property for
a 5-Plex. Presently the site is an existing 8-Plex, Which is in
need of a major repair, It is my intention to demolish the
old building and replace iT with a new 5-Plex. Which will
further enhance the neighborhood. The.5-Plex will be
profesionaly managed.
........_d___._._m... .-- 1
......-^
EXHIBIT" A" - Page 18 of 25
^-
Section 11.070. Criteria for Evaluating a Site Plan. The following criteria shall be used in
evaluating a Site Plan:
(a) The placement of structures on the property shall minimi7.e adverse impact on adjacent
uses.
(b) Landscaping shall be used to minimi7.e impact on adjacent uses.
.,.
(c) Landscaping shall be so located as to maximize its aesthetic value.
Cd) Access to the public streets shall minirni7.e the impact of traffic patterns. Wherever
possible, direct driveway access'shall not be allowed to arterial streets. Wherever
possible, aq:eSs shall be shared with adjacent uses of a sirni1i;rr nature..
(e) The design of the drainage facilities shall minimi7.e the impact on the City's or other
public agencies drainage facilities. "'j
..
(f) The design encourages energy conservation, both in its siting on the lot, and its
accommodation of pedestrian and bicycle traffic. (Note: specific s~lar access provisions
are described in Section 8.200.) . .
(g) The proposed site development, including the architecture, landscaping and graphic
design, is in conformity with the site development requirements of this Ordinance and
. with the standards of this and other ordinances insofar as the "location and appearance
. of the proposed development are involved. ..~
(h) The location, design, color and materials of the exterior of all structures and signs are
campanale with the proposed development and appropriate to the character of the
immediate neighborhood.
,
EXHIBIT "A" - Page 19 of 25
APPLICANT
(A) All structures to be placed on the site will be less
than 25 feet in height and will be placed within the
set back bounderies of the RM district as they apply to
the subject site.The structures will be located in such
a manner that no adverse impacts to the adjacent pro-
perties will occur.
(B) Landscaping has been designed to provide a residential
appearance to the 5-plex
(C) Landscaping has been designed to provide a residential
appearance to the 5-plex, included in the landscape
design, lawn, shrub area, planter baskets also there is
15 feet of buffer at the rear of the building which
will include trees and grass and as well as 5 feet buffer
on the side yard of the property and a5 feet buffer
between the city side walk and parking area
which will provide a visual softening and a physical
buffer between the public street and the 5-plex
while maintaing visual access for safety and security
(D) Traffic access at the entrance will have arrows
showing the direction of the traffic there are no
adjacent uses of a similar nature therfore no shared
access whith adjacent uses proposed.
(E) ~ite drainage has been designed to utilize exsisting
city facilities which have sufficient capacity to
absorb any excess drainage generated by the proposed
development
(F) The propsed 5-plex placed on the property will meet the
city and state uniform code requirement and none will be of
sufficient size to shadow or reduce solar access to the
adjacent properties: nothing at the site design gill inhibit
or prevent the ability of cyclis~ we will provide access
and a bike rack
(G) Due to the fact of the 5-plex the site is designed to
have a residential appearance and design of the
landscape and the siting of the building which is
proposed, better than the eXisting 8-plex that has no lan-
dscaping and no asphalt pavement over all the new 5-plex
will have more positive appearanc~.
(H) The character of the immediat neighborhood is a mixture
of residential homes, due to the overall design of the site
including the landscaping, structural siting, the tope
colors of the wooden structures that this project will further
enhance the character of the neighborhood.
--. .__.. ---.-..--.. -_.. ~
EXHIBIT "A" - Page 20 of 25
Application: #
App rec'd by: .
Date:
Receipt:
.~
VARIANCE APPLICATION
^^^^,^^^^^A^^A.^^^,~^^^,^^^^^^^AAAA^^^^^^^^^^^^^^^^^^^^^^^
DIRECT QUESTIONS TO:
NAME Andy Sneqirev
PHONE: 503-829-3519
ADDRESS P. 0 BOX 1166 Molalla O. R 97038
1. We, the undersigned applicants, being owners of the property herein described, do hereby make
application for permission to (list each variance separately):
1m proposinq to the planninq cornrnision to buid a 5-plex
The lot area does not.rneet the requirement. The 5-plex
is more conforming than the existing 8-plex
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2. location of the property (street address, or if not addressed, then state the distance to the
nearest intersecting street or known landmark) including the section, range and township:
74q n Frnnt S'T' Wnnnhnrn 0 ~ q7n71
3. legal description of the property as it appears on the deed:
Map No. Tax Lot #(s) 4?4~4nrH)
l~ , mock ,~
subdivision.
NOTE: If a fraction of the lot, then attach a full description as if it were metes and bounds or
attach a metes and bounds description, marked "EXHIBIT" A".
4. Zone in which property is located: RM
5. Attach a copy of the applicable Marion County Assessor's Map. Mark "EXHIBIT "B".
6. Plot plan to be attached, marked "EXHIBIT "C" and including land uses on surrounding lands in
notification area, site layout of subject parcel and structures with dimensions and lot lines
shown. The plot plan should show clearly the nature of the variance.
Page 3 - V ARPROC-6/93
~~~- ..,~----"",._,....,... ^
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. 7.
\JDITIONS for GRANTING a VA~~[ "A" - Page 21 of, ~.p::,,,
Submit a detailed statement explaining why the request is being made. Address the variance
or adjustment approval criteria given under "Considerations. lA-F. Attach and. mark .EXHIBIT
"0".
8. NAMES AND ADDRESSES:
Submit a list of all property owners within 100 feet of the subject's property boundaries.
NAME
ADDRESS & ZIP CODE
9. THE APPLlCANT(Sl ATTEST THAT:
a) The above request does not violate any deed restrictions that may be attached to or imposed
upon the subject property.
b) If the variance application is granted, the applicant will exercise the rights granted in
accordance with the terms and subject to all the conditions and limitations of the approval
by the Planning Commission.
c) All the above statements and the statements in the plot plan, attachments and exhibits
transmitted herewith are true; and the applicant(s) so acknowledge that any permit issued
on the application may be revoked if it be found that any such statements are false.
DATE: / /
day of A/ak/ltl,.
,19~
SIGNATURES of each owner (husband and wife) or contract purchaser.
NAME
-IJnJ, fV"4J\'M /2/ fl-,
ADDRESS & ZIP CODE
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c )..)...J 'J .t t 'J
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Application received: By
Date
Page 4 - VARPROC-6/93
..._.-----_w_ 1
V ARlANdE<HIBIT "A" - Page 22 of 25
~.......
-PURPOSE:
The purpose of a variance is to vary or modify the strict application of the regulations of a
zoning ordinance in a case where they would result in practical difficulties or unnecessary
hardships. However, the purpose and intent of each regulation must be upheld.
Variances are significant exceptions and applications are reviewed by the Planning
Commission at a Public Hearing. This process usually takes thirty (30) days.
The variance procedure may be applied to requirements governing lot area, lot width,
percentage of lot coverage and number of dwelling units or structures permitted on a lot,
height of structures, location, yards, signs, parking and loading space, and vision clearance.
CONSIDERATIONS:
The Planning Commission will consider the following approval criteria when reviewing a
variance request:
a) That there are unnecessary, unreasonable hardShips or practical difficulties which can
be relieved only by modifying the literal requirements of the ordinance;
b) That there are exceptional or extraordinary circumstances or conditions applying to the
land, buildings, or use referred to in the application, which circumstances or conditions
do not apply generally to land, buildings or uses in the same district; however,
nonconforming land, uses, or structures in the vicinity shall not in themselves constitute
such circumstances or conditions;
c} That granting the application will not be materially detrimental to the public welfare or
be injurious to property or improvements in the neighborhood of the premises;
d} That such variance is necessary for the preservation and enjoyment of the substantial
property rights of the petitioner;
e} That the granting of the application will not, under the circumstances of the particular
case, adversely affect the health or safety of persons working or residing in the
neighborhood of the property of the applicant; and
f) That granting of the application will be in general harmony with the intent and purpose
of this ordinance and will not adversely affect any officially adopted Comprehensive
Plan.
The applicant bears the burden of proof that the above approval criteria has been met.
Page 1 - VARPROC-6(93
"...........-.-'."-- -
...
EXHIBIT II A" - Page 23 of 25
~.......,."
A) It is my intention to build a 5 unit complex on the lot but
acording to the city ordinance the lot area does not meet
the city requirements,presently the site is an existing
8-plex which is in need of a major repair, It is my inte-
ntion to demolish the old 8-plex, and replace it with a
5-plex. I believe the design of the 5-plex and site plan
will further enhance the the neighborhood, instead of the
existing structure.
B) As indicated in criteria (A) the existing 8-plex has no
pavement, landscaping, and in need of a major repair
I believe that demolishing the old 8-plex and replacing
it with a new 5-plex will further enhance the neighborhood
and the property.
C) The 5-plex will have a 6' fence in the back and there is an
existing fence on each side of the property that will not be
detrimental to neighbors, with the improvements to the
property 1m quite sure that will not be detrimental to the
neighborhood in any way.
D) With acceptance by the planning commisi6n of our proposal
we will be allowed to demolish the old 8-plex and complete
the new 5-plex then we will be able to provide housing
to people and better care for the property.
E) As indicated above our 5-plex will be fenced at the back
of the property and the side yards,
also landscaped and asphalt paved parkway and professionally
. managed, which will not have any adverse affect on the health
or safety to the neighbors much less to the tenants and
the property.
F) My purpose and intent for wanting the acceptance of this
application is to make the 5-plex more productive and
easily rentable than the existing 8-plex, which will
provide our tenants with living in harmony.
......--......._'-~._---
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.EXHIBIT ." A II' - Page 24 of 25n
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FuIuI:e Construction
P.O. Box 1166 .
MoIaIIa. OR 97038
503- 829-3519
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