D-10. Approval of The Arbors Preliminary Plat Extension7700 Market Boulevard
PC Box 147
Chanhassen, MN 55317
Administration
Phone: 952.227.1100
Fax: 952.227.1110
Building Inspections
Phone: 952.227.1180
Fax: 952.227.1190
Engineering
Phone: 952.227.1160
Fax: 952.227.1170
Finance
Phone: 952.227.1140
Fax: 952.227.1110
Park & Recreation
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
2310 Coulter Boulevard
Phone: 952.2271400
Fax: 952.227.1404
Planning &
Natural Resources
Phone: 952.227.1130
Fax 952.2271110
Public Works
7901 Park Place
Phone: 952.227.1300
Fax 952.227.1310
Senior Center
Phone: 952.227.1125
Fax. 952.227.1110
Website
u u1t:.i u
TO: Todd Gerhardt, City Manager
FROM: Bob Generous, Senior Planner
DATE: April 13, 2015 V
SUBJ: Preliminary Plat Extension — The Arbors
Planning Case 2007-02
PROPOSED MOTION
"The Chanhassen City Council approves a three-year extension until April 24,
2018 for the preliminary plat for The Arbors, Planning Case #2007-02."
City Council approval requires a majority vote of City Council.
EXECUTIVE SUMMARY
The property owner is requesting a three-year preliminary plat approval extension for
The Arbors to permit the development of three lots. Approval of the preliminary plat
extension allows the property owner to proceed with the final platting of the property
within the next three years without going back through the plat review process. There is
currently a home on the north side of Lot 1, Block 3.
As part of the original final
plat approval, the property
owner was given until April
23, 2012, to final plat their lot
into three lots. In 2012, the
city granted another three-
year extension of the
preliminary plat. The
requested extension is
necessary due to the current
market conditions, the
owner's desire to remain on
the property and the owner's
financial inability to develop
the three lots. The property is
r
located at the intersection of
West 78th Street and Dogwood Road.
www.ci.chanhassen.mn.us Section 18-41 of the Chanhassen City Code requires that the subdivider request final
plat approval within one year of the preliminary plat approval unless a request, in
writing, is submitted to the City requesting for good cause for an extension of the
preliminary plat. As part of the plat approval, the property owner was given five years.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
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located at the intersection of
West 78th Street and Dogwood Road.
www.ci.chanhassen.mn.us Section 18-41 of the Chanhassen City Code requires that the subdivider request final
plat approval within one year of the preliminary plat approval unless a request, in
writing, is submitted to the City requesting for good cause for an extension of the
preliminary plat. As part of the plat approval, the property owner was given five years.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Todd Gerhardt
The Arbors — Planning Case 2007-02
April 13, 2015
Page 2 of 4
There have been no amendments to the City Code that would adversely affect the conditions of
approval for The Arbors subdivision. All the relevant conditions of the preliminary plat approval
shall remain in force for the development. Additionally, the specific conditions of the preliminary
plat approval require the developer to comply with city regulations in effect at the time of final plat
approval. All fees shall be those in effect at the time of final plat approval. As part of final platting
of the property, the extension of Dogwood Road and the utilities to Crimson Bay will be required.
Staff is recommending approval of the applicant's request for a three-year extension of the
preliminary plat until April 24, 2018 to create three lots out of the property. The conditions of
preliminary plat approval shall remain in effect for review of the final plat.
BACKGROUND
On April 23, 2012, City Council granted a three-year extension to the preliminary plat until April
23, 2015.
On April 23, 2007, City Council approved the final plat for The Arbors creating 20 lots and three
outlots. Condition 10 stated: "The preliminary plat approval permitting three lots on Lot 1, Block
3, The Arbors, shall remain in force through April 23, 2012. Thereafter, future subdivision of
the parcel must comply with the zoning requirements in place at the time of final plat approval."
On January 22, 2007, the Chanhassen City Council approved the following:
A. Comprehensive Land Use Map Amendment from Residential -Large Lot to Residential -Low
Density for Lots 1 through 3, Block 3, of the preliminary plat of The Arbors contingent on
Metropolitan Council review.
B. The Rezoning from RR, Rural Residential, to RSF, Single Family Residential for the land
within the plat of The Arbors subject to final plat approval for The Arbors.
C. The preliminary plat for the Arbors creating 22 lots, 3 outlots and public right-of-way.
SUBDIVISION
The property owner is requesting an extension of the preliminary plat approval to permit three
lots on Lot 3, Block 1, The Arbors. Lot 3, Block 1, The Arbors contains a total area of 112,090
square feet and a net area of 94,124 square feet. The preliminary plat showed that each lot would
exceed the minimum requirements for a riparian lot.
Compliance Table
Area (sq. ft.)
Frontage (ft.)
Depth (ft.)
Notes
Code
20,000 riparian
90
125
Ll B3
39,730
92
353
Lakeshore & wetland 1, net
lot area 34,485 sq. ft.
L2 B3
36,495
100
380
Lakeshore & wetland 1, net
lot area 31,195 sq. ft.
Todd Gerhardt
The Arbors — Planning Case 2007-02
April 13, 2015
Page 3 of 4
Streets
Dogwood Road will eventually connect with Crimson Bay Road, which is approximately 640
feet to the south. This street connection is necessary so that the Highway 5/Crimson Bay Road
intersection can be converted in the future to a right -in, right -out for safety reasons.
The northern half of this future street connection drops 30 feet in elevation; therefore, it is
recommended that the final plat of Lot 1, Block 3, The Arbors into three lots be concurrent with
the Dogwood Road -Crimson Bay Road street connection.
Access to the existing home on Lot 1, Block 3, The Arbors is from the existing terminus of
Dogwood Road south of West 78th Street. Access to the future two additional lots shall be from
the Dogwood Road -Crimson Bay Road street connection.
Utilities
Sanitary sewer and watermain laterals to serve the three lots identified in the preliminary plat
were extended with City Project 06-06. Lot 1, Block 3 of The Arbors was assessed $55,957.90,
or the equivalent of three unit assessments for water and sewer lateral assessments. The owners
have been paying these assessments down since 2008 and have a balance of $16,787.37. The
trunk water and sewer hookups were not assessed and must be paid at the time of final plat
and/or building permit, in accordance with the City Code in effect at that time.
The existing terminus of the 8 -inch lateral watermain is approximately 120 feet south of the
West 78a` Street/Dogwood Road intersection. A hydrant is located on the east side of the right-
of-way at the end of the watermain. Three water services extend from this section of watermain.
The northern one -inch copper pipe services the existing home on Lot 1, Block 3. The two-inch
copper and southern one -inch copper pipes will provide water service to the two future homes
when Lot 1, Block 3, The Arbors is final platted into three lots.
The lateral sanitary sewer extends approximately 70 feet south of the West 78th Street
intersection. The existing home on Lot 1, Block 3, The Arbors is serviced by an existing four -
inch wye. There are two additional four -inch wyes to provide sewer service to the two future
homes when Lot 1, Block 3, The Arbors is final platted into three lots. The existing lateral
sanitary sewer is likely not deep enough to provide gravity service to the two future lots due to
the existing topography drop from the right-of-way to the future home locations. Each of the
future homes will require an ejector pump if gravity service cannot be achieved.
Areas . ft.)
Frontage (ft.)
Depth ft.
Notes
L3 B3
35,865
100
379
Lakeshore & wetland 1, net
lot area 28,445 sq. ft.
Total
112,090
2.57 acres including 0.41
acres of wetland
Streets
Dogwood Road will eventually connect with Crimson Bay Road, which is approximately 640
feet to the south. This street connection is necessary so that the Highway 5/Crimson Bay Road
intersection can be converted in the future to a right -in, right -out for safety reasons.
The northern half of this future street connection drops 30 feet in elevation; therefore, it is
recommended that the final plat of Lot 1, Block 3, The Arbors into three lots be concurrent with
the Dogwood Road -Crimson Bay Road street connection.
Access to the existing home on Lot 1, Block 3, The Arbors is from the existing terminus of
Dogwood Road south of West 78th Street. Access to the future two additional lots shall be from
the Dogwood Road -Crimson Bay Road street connection.
Utilities
Sanitary sewer and watermain laterals to serve the three lots identified in the preliminary plat
were extended with City Project 06-06. Lot 1, Block 3 of The Arbors was assessed $55,957.90,
or the equivalent of three unit assessments for water and sewer lateral assessments. The owners
have been paying these assessments down since 2008 and have a balance of $16,787.37. The
trunk water and sewer hookups were not assessed and must be paid at the time of final plat
and/or building permit, in accordance with the City Code in effect at that time.
The existing terminus of the 8 -inch lateral watermain is approximately 120 feet south of the
West 78a` Street/Dogwood Road intersection. A hydrant is located on the east side of the right-
of-way at the end of the watermain. Three water services extend from this section of watermain.
The northern one -inch copper pipe services the existing home on Lot 1, Block 3. The two-inch
copper and southern one -inch copper pipes will provide water service to the two future homes
when Lot 1, Block 3, The Arbors is final platted into three lots.
The lateral sanitary sewer extends approximately 70 feet south of the West 78th Street
intersection. The existing home on Lot 1, Block 3, The Arbors is serviced by an existing four -
inch wye. There are two additional four -inch wyes to provide sewer service to the two future
homes when Lot 1, Block 3, The Arbors is final platted into three lots. The existing lateral
sanitary sewer is likely not deep enough to provide gravity service to the two future lots due to
the existing topography drop from the right-of-way to the future home locations. Each of the
future homes will require an ejector pump if gravity service cannot be achieved.
Todd Gerhardt
The Arbors — Planning Case 2007-02
April 13, 2015
Page 4 of 4
This sanitary sewer and watermain will ultimately be extended to the south to provide service to
the Crimson Bay development. Due to the significant grade drop to the south, a sanitary sewer
lift station and a pressure -reducing station for the watermain will be required. The cost for the
future sanitary sewer and watermain improvements to the Crimson Bay development will be
assessed to the benefitting property owners if septic systems fail or the property owners request
their sanitary sewer services be hooked up to the city's system.
RECOMMENDATION
Staff recommends that City Council approve a three-year extension until April 24, 2018 for the
preliminary plat creating three lots from Lot 1, Block 3, The Arbors, Planning Case #2007-02.
ATTACHMENTS
1. Email from DeAnna Brandt to Bob Generous dated March 30, 2015.
2. Copy Letter of Preliminary Plat Approval Dated January 23, 2007.
3. Reduced Copy Preliminary Plat dated October 31, 2006.
4. Reduced Copy Preliminary Utility Plan dated October 31, 2006.
5. Reduced Copy Preliminary Sanitary Sewer & Watermain Dogwood Road dated October 31,
2006.
6. Reduced Copy Preliminary Street & Storm Sewer Plan Dogwood Road dated October 31,
2006.
7. Reduced Copy Tree Inventory (after Secondary Construction) dated October 31, 2006.
g:\plan\2007 planning cases\07-02 the arbour\preliminary plat extension memo blk 3 4-13-15.doc
Generous, Bob
From: Deanna Brandt [deannabrandt@mac.com]
Sent: Monday, March 30, 2015 3:59 PM
To: Generous, Bob
Subject: Preliminary Plat Extension
Hi Bob,
Please extend our Preliminary Plat on our property for another 3 years.
The market has not come back to a place where we could develop this property and make it work.
We are not in a financial position to develop this.
Thanks,
DeAnna and Peter Brandt
952-334-0565 De cell
Parcel ID: 250590200
Feld Definitions
Taxpayer
PETER T & DEANNA O
BRANDT
Taxpayer Address
7570 DOGWOOD RD
EXCELSIOR, MN
55331-8053
Property Address
7570 DOGWOOD RD
EXCELSIOR, MN 55331
City/Township
CHANHASSEN
Use 1
Res 1 unit
GIS Acres
2.38
PLSS
TWP 116, RING 023,
SEC 08
Plat Name
ARBORS, THE
Lot
001
Black
003
School Dlstrlct
0112
Watershed Dfstrict
WS 062 MINNEHAHA
CREEK
Begin forwarded message:
From: "Generous, Bob" <bgenerous rgci.chanhassen.mn.us>
Subject: Preliminary Plat Extension
1
I *
C��If OF
CI1HlIDHaSEN January 23, 2007
7700 Market Boulevard
PO Box 147
Chanhassen, MN 55317
Administration
Mr. Bruce Carlson
Phone: 952.227.1100
Carlson Custom Homes, Inc.
Fax: 952.227.1110
1440 Bavarian Shores Dr
Chaska, MN 55318
Building Inspections
Phone: 952.227.1180
Re: The Arbors, Preliminary Plat Approval
Fax: 952.227.1190
Planning Case #07-02
Engineering
Phone: 952.227.1160
Dear Mr. Carlson:
Fax: 952.227.1170
This letter is to confirm that on January 22, 2007, the Chanhassen City Council approved
Finance
the following:
Phone: 952.227.1140
Fax: 952.227.1110
A. Comprehensive Land Use Map Amendment from Residential -Large Lot to
Residential -Low Density for Lots 1 through 3, Block 3, of the preliminary plat of The
Park & Recreation
Arbors contingent on Metropolitan Council review.
Phone: 952.227.1120
Fax: 952.227.1110
Recreation Center
B. The Rezoning from RR, Rural Residential, to RSF, Single Family Residential for the
2310 Coulter Boulevard
land within the plat of The Arbors subject to final plat approval for The Arbors.
Phone: 952.227.1400
Fax: 952.227.1404
C. The preliminary plat for the Arbors creating 22 lots, 3 outlots and public right -of -
Planning &
way, plans prepared by Otto Associates, dated October 31, 2006, subject to the
Natural Resources
Phone: 952.227.1130
following conditions:
Fax: 952.227.1110
1. The house designs, locations and driveway configurations for Lots 1 and 2,
Public works
Block 1, must be revised to maintain the required wetland setback.
7901 Park Place
Phone: 952.227.1300
2. Full park fees in lieu of parkland dedication and/or trail construction shall be
Fax: 952.227.1310
collected as a condition of approval for The Arbors. The park fees shall be
collected in full at the rate in force upon final plat submission and approval.
Senior Center
Phone: 952.227.1125
Fax: 952.227.1110
3. Fire Marshal's Conditions:
Web Site
a. A 10 -foot clear space must be maintained around fire hydrants, i.e., street
www.ci.chanhassen.mn.us
lamps, trees, shrubs, bushes, Xcel Energy, Qwest, cable TV and
transformer boxes. This is to ensure that fire hydrants can be quickly
located and safely operated by firefighters. Pursuant to Chanhassen City
Ordinance #9-1.
Chanhassen is a Community for Life - Providing for Today and Planning for Tomorrow
Mr. Bruce Carlson
January 23, 2007
Page 2
b. Fire apparatus access roads and water supply for fire protection is required to be installed.
Such protection shall be installed and made serviceable prior to and during the time of
construction except when approved alternate methods of protection are provided.
c. Temporary street signs shall be installed at street intersections once construction of the
new roadway allows passage of vehicles. Pursuant to 2002 Minnesota Fire Code Section
501.4.
d. Fire apparatus access roads shall be designed and maintained to support the imposed load
of fire apparatus and shall be serviced so as to provide all-weather driving capabilities.
Pursuant to Minnesota State Fire Code Section 503.2.3.
e. Submit proposed cul-de-sac name to Chanhassen Building Official and Chanhassen Fire
Marshal for review and approval.
f No burning permits shall be issued for trees to be removed. Trees and shrubs must either
be removed from site or chipped.
4. Building Official Conditions:
a. A final grading plan and soils report must be submitted to the Inspections Division before
building permits will be issued.
b. Demolition permits must be obtained prior to demolishing any structures on the site.
c. Existing wells and on-site sewage treatment systems on the site must be abandoned in
accordance with State Law and City Code.
d. The developer must submit a list of proposed street names for review and approval prior
to final plat of the property.
e. Retaining walls more than four feet high must be designed by a professional engineer and
a building permit must be obtained prior to construction.
f Separate sewer and water services must be provided each lot.
5. City Forester's Conditions:
a. Tree preservation fence shall be installed at the edge of the grading limits prior to any
construction. Fencing shall be in place and maintained until all construction is
completed.
b. Any trees removed in excess of proposed tree preservation plans, dated 10/31/06, will be
replaced at a ratio of 2:1 diameter inches.
c. A minimum of two trees shall be planted on each lot.
Mr. Bruce Carlson
January 23, 2007
Page 3
d. Tree conservation easements on Lots 5, 8, and 9, Block 1 shall be enlarged beyond what
is shown on plans dated 10/31/06.
e. Tree conservation easements shall be located on Lots 1-3, 5, 8-9, Block 1.
f The applicant shall replace Colorado spruce shown on landscape plan with concolor fir or
Norway spruce.
6. City Engineer's Conditions:
a. In order to meet the 10% maximum allowable driveway grade on Lots 1 through 3, Block
1, the builder may have to put steps in the garage to accommodate the grade change.
b. The dead pool volume of the pond needs to be increased by 360 cubic feet to meet the
MPCA Phase H requirements.
c. The proposed 1036 foot contour on Lots 12 and 14, Block 1 must be shifted so that the
backyard grade is minimum 2%.
d. The proposed major contours must be a different line weight or type.
e. Based on the grading plan, the home on Lot 5, Block 1 will be a walkout, not a full
basement.
f The top and bottom of wall elevations of the wall must be shown on the grading plan.
g. Final plat approval shall be contingent upon the approval and construction of Project 06-
06.
h. Watermain must be minimum 18 inches above or below the sanitary sewer.
Access for Lots 2 and 3, Block 3 will be addressed and constructed when those lots are
final platted.
j. An encroachment agreement is required for the gravel drive and turnaround within the
Dogwood Road right of way south of West 78`h Street.
7. Water Resources Coordinator's Conditions:
a. The applicant shall classify Wetland 2 using the results from the Minnesota Routine
Assessment Method for Evaluating Wetland Functions (MnRAM Version 3.0). An
electronic version of the completed MnRAM evaluation shall be submitted to and
approved by the city to establish the classification of Wetland 2 so the appropriate
wetland buffer and setback requirements can be determined.
b. A wetland buffer 50 in width and a 50 foot setback from the wetland buffer must be
maintained around Wetland 1. Wetland buffer areas shall be preserved, surveyed and
Mr. Bruce Carlson
January 23, 2007
Page 4
staked in accordance with the City's wetland ordinance. The applicant must install
wetland buffer edge signs, under the direction of City staff, before construction begins
and must pay the City $20 per sign. Wetland buffer and setback requirements for
Wetland 2 are contingent upon review and approval of the MnRAM for that wetland.
c. The proposed driveways and structures on Lots 1 and 2, Block 1 appear to be within the
wetland setback for Wetland 2. The applicant shall submit house plans that will meet the
required setbacks on Lots 1 and 2, Block 1.
d. The proposed conservation easement shall be revised to envelop Wetland 2 and the
required wetland buffer.
e. A NPDES Phase II Construction Site Storm Water Permit will be required from the
Minnesota Pollution Control Agency (MPCA) for this site. A Storm Water Pollution
Prevention Plan (SWPPP) will be required in conjunction with this application. The
SWPPP shall be provided to the City so it can be reviewed by the Carver Soil and Water
Conservation District prior to the preconstruction meeting for the project.
f. The proposed storm water pond shall be constructed prior to disturbing upgradient areas
and used as a temporary sediment basin during mass grading. Diversion berms/ditches
may be needed to divert water to the pond and a temporary pond outlet shall be provided.
The outlet could be a temporary perforated standpipe and rock cone. The plans shall be
revised to include a detail for the temporary pond outlet.
g. It shall be noted on the SWPPP that all areas that will not be permanently stabilized
within the timeframe required by the NPDES permit shall be temporary mulched and
seeded. A note shall be included in the dewatering section of the SWPPP that states: "If
construction of the proposed temporary/permanent sediment pond is not completed prior
to dewatering, the City's on-site construction observer must approve proposed
dewatering methods prior to beginning dewatering."
h. The plans shall be revised to incorporate Chanhassen's standard details for erosion and
sediment control, including 5302A and 5302D. Proposed erosion and sediment controls
for individual lots shall include perimeter controls (silt fence), rock driveways, street
sweeping, inlet control and temporary mulch after final grade and prior to issuing the
Certificate of Occupancy.
i. The applicant shall provide erosion and sediment control along the south and east
property lines to prevent discharge of sediment onto adjacent properties.
j. All silt fence that is not laid parallel to the contours shall have J Hooks installed every 50
-75 feet. This shall be noted on the plans and discussed at the preconstruction meeting.
k. Energy dissipation shall be provided at the inlet to the proposed pond and at the end of
the discharge pipe that outlets to the wetland within 24 hours of pipe installation. The
discharge location for the outlet of the proposed pond shall be evaluated to ensure that
Mr. Bruce Carlson
January 23, 2007
Page 5
the proposed discharge will not cause erosion issues. Reinforced erosion control matting
may be required.
1. A stable emergency overflow (EOF) for the stormwater pond shall be provided. The
EOF could consist of riprap and geotextile fabric or a turf reinforcement mat (a
permanent erosion control blanket). A typical detail shall be included in the plan. The
overland route from the EOF to Lake Minnewashta shall be shown on the plans and shall
be encumbered by a drainage and utility easement.
m. Erosion control blanket shall be installed on all slopes greater than or equal to 3:1. All
exposed soil areas shall have temporary erosion protection or permanent cover year
round, according to the following table of slopes and time frames:
Type of Slope
Time
Steeper than 3:1
7 days
10:1 to 3:1
14 days
Flatter than 10:1
21 days
(Maximum time an area can
remain open when the area
is not actively being worked.)
n. These areas include constructed storm water management pond side slopes, and any
exposed soil areas with a positive slope to a storm water conveyance system, such as a
curb and gutter system, storm sewer inlet, temporary or permanent drainage ditch or
other natural or man made systems that discharge to a surface water.
o. Inlet protection may be needed prior to installation of the castings for the curbside catch
basins. In that case, all storm sewer inlets shall be protected by at least fabric draped
over the manhole with a steel plate holding the fabric in place.
p. The plans shall be revised to show a rock construction entrance (minimum 75 feet in
length) wherever construction traffic will access the site. The rock construction entrance
shall be constructed in accordance with Chanhassen's Standard Detail 5301. Street
cleaning of soil tracked onto public streets shall include daily street scraping and street
sweeping as needed.
q. At this time, the estimated total SWMP fee, due payable to the City at the time of final
plat recording, is $74,570.50.
r. The applicant shall apply for and obtain permits from the appropriate regulatory agencies
(e.g., Minnesota Pollution Control Agency, Minnesota Department of Natural Resources
(for dewatering)) and comply with their conditions of approval.
8. The developer shall provide in both their sales material and within the association covenants
full disclosure about the Minnesota Landscape Arboretum location, use of electric fence,
research operations, and agricultural operations including the spraying of trees.
9. The developer shall install signage on Lots 4 and 5, Block 2, and Outlots B and C warning of
the electrical fence on the Minnesota Landscape Arboretum property.
Mr. Bruce Carlson
January 23, 2007
Page 6
10. The Dogwood Road roadway width shall be determined with the Final Plat.
Please note that the Land Use Amendment must be submitted to the Metropolitan Council for
their review. The City will not be able to act on the final plat until we have the Metropolitan
Council sign off on the amendment.
Final plat documents must be submitted to the City 30 days prior to the City Council meeting in
which you wish to have your final plat approved. Conditions of the preliminary plat approval
must be addressed for final plat approval. Enclosed is the list of items required for submittal for
final plat approval.
Should you have any questions, please feel free to contact me at (952) 227-1131 or
b enerous ci.chanhassen.mn.us.
Sincerely,
Robert Generous, AICP
Senior Planner
Enclosure
c: Peter and Dee Brandt
ec: Alyson Fauske, Assistant City Engineer
Jerry Mohn, Acting Building Official
g9plan\2007 planning cases\07-02 the arborstapproval letter preliminary platdoc
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