HomeMy WebLinkAbout2003 01 27 Regular G Screened Porch
COMMISSION AGENDA
ITEM G
CONSENT
INFORMATIONAL
PUBLIC HEARING
REGULAR
x
01/27/03
Meeting
MGR. ~EPT
Authorization
REQUEST: The Community Development Department recommends denial of a request for
a variance by Neil and Michelle Staley from sections 6-2 and 20-103 of the City Code of
Ordinances, to encroach 10 feet into the 20 foot rear building setback to construct a screened
porch with an impervious roof at the rear of the house.
PURPOSE: The purpose of this agenda item is to consider a request of the Staleys for a
variance from the requirements of sections 6-2 and 20-103 of the City Code of Ordinances to
allow a screen porch to encroach 10 feet into the 20 foot rear building setback at 1547
Braewick Street (Lot 142, Fox Glen at Chelsea Pare, Tuscawilla Phase 2, depicted in Plat Book
55, Pages 37-39 of the Public Records of Seminole County, Florida). The applicable 20 foot
rear building setback is set forth on the final subdivision plat, cited above.
APPLICABLE CODE:
Sec. 6-2. Compliance with Chapter.
Sec. 20-82. Duties and powers; general.
Sec. 20-103. Restrictions upon lands, buildings and structures.
CHRONOLOGY:
November 15, 2002 - Variance application was received by City.
December 5, 2002 - Board of Adjustment heard the request and voted 3-0 to recommend
denial.
January 21,2003 - City Commission heard the case but did not approve the variance, stated
that the issue should be decided by a full City Commission at the next meeting.
January 27,2003
Regular Item G
Page 2
FINDINGS:
1) Lot No. 142, of Fox Glen at Chelsea Pare, Tuscawilla Phase 2, is within the
PUD zoning district (Tuscawilla PUD) Higher Density Residential Future
Land Use designation (9.1-12.0 D.U.lacre).
2) The required rear yard building setback is 20 feet, as set forth in Plat Book
55, pages 37 -39 of the Public Records of Seminole County.
3) The applicant requested a variance to encroach 10 feet into the 20 foot rear
building setback.
4) A variance requires compliance with all six (6) criteria outlined in Code
Section 20-82 (staff does not believe that the request meets any of the 6
criteria):
a) that special conditions and circumstances exist which are peculiar
to the land, structures or buildings involved and which are not
applicable to other lands, structures or buildings in the same
zoning district;
Neither the BOA nor staff believes there are any special conditions
and circumstances.
b) that special conditions and circumstances do not result from the
actions of the applicant;
The BOA and staff both believe that the applicants created their own
situation and that no special conditions and/or circumstances exist.
c) that granting the variance requested will not confer on the
applicant any special privilege that is denied by this chapter to
other lands, buildings or structures in the same zoning district;
The BOA and staff both believe that granting the variance would
confer special privileges upon the applicants.
d) that literal interpretation of the provisions of this chapter would
deprive the applicant of rights commonly enjoyed by other
properties in the same zoning district under the terms of this
chapter and would work unnecessary hardship on the applicant;
The BOA and staff both believe that a literal interpretation of the
provisions of this chapter do not deny the applicants of any rights and
does not work any hardship - much less an unnecessary hardship.
e) that the variance granted is the minimum variance that will make
possible the reasonable use of the land, building or structure.;
and
The BOA and staff both believe that there is already reasonable use
of the land, building or structure. Further, the applicant could opt for
January 27,2003
Regular Item G
Page 3
a screen room with a screen (pervious) roof or reduce the size of the
proposed porch to meet the building setbacks.
t) that the grant of the variance will be in harmony with the general
intent and purpose of this chapter, will not be injurious to the
neighborhood, or otherwise detrimental to the public welfare.
The BOA and staff both believe that to grant the variance would be
inconsistent with the intent and purpose of and undermine the code.
5) The Board of Adjustment, at its December 5, 2002, meeting, recommended
denial of the variance request.
6) Staff does not find that the request meets any of the 6 variance criteria set
forth in Chapter 20 of the City Code of Ordinances.
7) At the January 21,2003, City Commission meeting, the Commission did not
approve the variance, but decided to bring the variance request back to this
meeting, in order that it might be heard before the full City Commission.
BOARD OF ADJUSTMENT:
At its regularly scheduled meeting of December 5,2002, the City of Winter Springs Board of
Adjustment heard the Staleys' request for a variance and recommended denial.
RECOMMENDATION:
Neither the BOA nor staff found the variance request consistent with any of 6 criteria
necessary for granting a variance and both recommend denial of the request.
ATTACHMENTS:
A - Plot plan/"Land Description"
B - Photocopy from final subdivision plat
C - Variance application
D - Board of Adjustment Draft Minutes
E - Authorization for Florida Pool Enclosures to act as agent for variance request
F - Applicants' supporting documentation
COMMISSION ACTION:
uc~-~~-u~ UD;gC~~w~'ey ,~Dn5U'w'n9
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PLAT OF SURVEY
LOT,142, FOX GLEN AT CHElSEAPARC. 11JSCAWlLLA PHA~E 2, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN, PLAT BOOK 55 PAGES 37-39. OF THE PUB,UC RECORDS OF SEMINOlE COUNTY, fLORIDA.
ATTACHMENT A
CEAT1flEl) TO:
NEt. STALEY. IolICHEUE STAlEY
FlRST HORIZON HOME LOAN CORP.
MilA SUNB!l.T 'MlOLESAlE
\\t-U'tE"'ARK AT FOX CLEN, LID.
PEOPlES 1ST COMMUNItY BAN1<
CRAHAM, CLARK, JONES, BUILDER. PRATT a: "'ARKS
FIRST At.lERICAN 11M INSURANCE COMPANY
LOT 141
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NOTE:
2. PROPERTY CORNERS SHOWN HEREON WERE
SET/F'OUND ON 11/22/99 UNLESS DlHERWlSE
SHOVlt-J.
LEGENO:
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PT POIIT OF T....CrNCY
PC POIIT OF CURVA1\IRt
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o.u.t. DRA'MAC[.a. unUTY ~M'
1. 1HE SURv.!.'rQR 'oMS N"T AB:rnlACTED THE
LAAO ~Oy,tl .lCRE9tl fOR [ASE..CIITS. RlGlIT
Of ....W. RES"IP.1CllIlolS Of ~f.CU!)D 'l!\i101
.....y III'rtCl 11!t" ',TJ: m VSC -:)r" -rrlE LAND
2. NO iJNDERQRnu'~ IloAPROIlt:UftltS' Y.A\ft BEEN
Lc::t.lCO OCEPl AS SHO""", "', :
J, NOl Vlill 1lI1\iOUl 1ItE SlCNA1UR[ ANQ 1H[ a;;QoAL
~ S:;Al Of' A n.ORllA UCENS6) SUEM:'1llR
N'!1) "'APPER. - ':
I HA\lC EXAloAINED lHE F'.I,R,loA. CQNI.IUNlTY PANa
-No 120285 0I6!\ E DAlEO ~-17-95 AND rOUND
TIlE !lUB.ECT PROPOITY ~s IN ZONE X '
AIlEA Of' ..twl\l f'LOOOING
:lIl TV OAnN.
DURlNGS SHO~ HEREON ARE 8A5I:D ON
nu: Cl:HTrIWHE OF' DRAEWlCK STR((T
BElNO 5 81'2S01' E. PER PLAT,
(rnD DAlC:) 11/22/00
KAlt, I' - ~ FF.ET
APPRDW B~ DO
RE\'IS(O:
~~~~~~
TIMOTHY O. MOSBY", P ,
-=- DJ:W,1OII . .0
I .......ERIC....N SURVE't1NG & l.l....PPING I
CERllf1CA lION Of AUrnoAIZA 1ICH ~UBER LBI6JSJ
:ua EAST scum SlRa:r SinE' 10
ORLANDO. FlORD'
32801 (407) ':Ill-7DTi
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DRAVltl BY: RRD
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ATTACHMENfS:~
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-BOARD OF ADJUSTMENT APPLICATION
CITY OF WINTER SPRINGS
" 1126 'EAST STATE ROAD 434
:WINTER'SPRINGS, FL- .32708-2799
(407)327-1800
FOR: SPECIAL EXCEPTION'
..><. VA'RIANCE
'CONDITIONAL USE
ADMINISTRATIVE DECIS10N
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1. APPLICANT: (I()J2,"do..:Pf)~1 EN~/os~s ,;,' 'PHQNE t..jtJ7 -Z6o--Z8oo
ADDRES~: 9~ 7., J.f,'c..k..OIUt.5+ A-U ~~, ~i!-I? F L '
, PURPOSE' or ,REQUEST' ' c/,~, 20' Sei-b.eck?~ /.tJ I '
~O-rr:fL.1IL~Zt;; ~ ~ =~:~~uee~11 ~OOIk :=----L-!J~c Dn~k
.' . \ 5t>'Ud. Reo-f.
3, ATTACH A COP-X: 0.F THE PARCEL SURVEY.
4, ATT'ACH AN' 11 . x 17 ,MAP SHOW INO THE SUBJECT PROPERTY AND
SURROUNDINO PARCELS.
s.
ATTACH LEOAL'DE~CRIPTION,
6.
TAX PARCEL IDENTIFICATION NUMB~~:'6B-2.1-:3'/~-:508~OoOO-(Lf2.0
. I , .
Sl:re~l:Add~eS'S 'and/or ,,:N~arest Cross
. s+- .W;h.~ 'tn ' '
,i.:\': '0' S, PRESENT ZOl'/INO:
....,
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By Signing below' I u'nderstand that City of Hinter Springs' Officials
may enter Upon my property to insl'ect that p'ortion, as relates to
this applica~ioh; ,',
, I'
FUT~RE,L?\NDbsE:
. .~~,
(If the applic~nt 'is not
applicant must attach. a
owner) ,
Nejl 'E. S+Cl/~'I-
OWNER-PLEASE TYP.E '.
-1'\t;p ~ ~O~
OHt{i -SION . URE, ,
PERSONS ARE ADVISED THAT, IF THEY DECID~'T6 AP~EAt ANY;biCISIONS
MADE AT THESE MEETINGS/HEARINGS, THEY WItL NEED A ,RECORD OF ~HE
PROCEEDINGS AND FOR SUCH PURPOSE, THEY ~ILL NEED TO INSURE THAT A
VERBATIM'RECORD'9F THE, PROCEEDINGS IS MADE, 'AT'THEIR 'COST, WHICH "
INCLUDES THE TESTIMONY AND EvibENCE UPON WHICH THE APPEAL .IS TO BE ,:1 ,,'
BASED, PER SECTION 2S6.010~, FLORrDA STATUTES '.'
the:,owner'of the subject propert,y, the
letter of authorhatilVtlOd bi' the
, ReO.', "
. , ' ' ,:' "eN ~ 'lt607.~!
~ .,,: _: ' . ttreR SPRINGS
. CiT'l' O~II_ ,,^811
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SECTION 20-84 -'APPEALS FROM DECr'SIONS OF THE BOARD OF ADJUSTHENT
(1) Any person, or persons, jointly or severally agg'deved by
any decision ,of ,the Board' of Adjustment may, within thirty (30)'
d~y~ after the filing of ahy deCision iri the'office of the Board of
Ad'justment, but not thereafter; apply' to' the 'City Council for
administrative're'lief. After a heari'ng,before the Cfty Council an
aggrieve~ party maY,\'Iithin, thirty -(30) days af,ter the decision of.
the City: Counci'l;, file an' appeal' with ,a court of competent
jurisdiction over the subject ma'tter.. -
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ATTACHMENT D~~ O~~I
CITY OF WINTE~ SPlllNGS
MINUTES
iOAltD OF ADJtlSTM~T '
UGutAP- MenNO - Ote!MSI!.Il $. '002-
PAO~40r 7
votE:
VICE CBAIRMAi~TAYLOR: AYE
CHAIRMAN WATERS: NAY
BOARD ME:\'IBER DILLER: AYE
MOTION DID NOT CARRY.
Brief discussion, followed regarding when tbe Agenda Item will be presented to the City
Commission; and possible repercussions from Code Enforcement.
MOTION BY BOARD MEMBER DILLER. "I WILL MAKE A MOTION THAt
\\'E RECOMMEND THAT A CODE ENFORCEMENT ACTION BE DEFERREO
IN TBlS SITUATION UNTIL THIS ITEM - HAS BEEN BROUGHT BEFORE
THE CITY COMMISSION." SECONDED BY VICE CRAIRM:A.N TAYLOR.
DISCUSSION.
. VOTE:
CHAIJlMAN WATERS: AYE
BOARD MEM~ER DIJ..LER: AYE
VICE CHAIRMAN T AYLOR: AYE
M.OTION CARRIED.
Mr.'Wbitaker asked about the procedure for obtaining Mjnutes. Mr. Baker said to Mc,
Whitaker, "In can get your business card I will fax that to you."
RtOtJLAIt
B. Reqt1~.t Of NeUE. Staley Represented By Fred WhitsOD Of Florida Pool
Enclosures For A Variance From The Estab1ish~d 20-Foot Rea.r Set Back Building
Setbatk Luu: At Lot 142~ Fox Gltll At Chelsea Park, Tuscawilla Phase 1, 1547
BJ:aewic.k Street, Witl~er Spring., Florida - A PUD (plllon~ Unit Development).
The Agenda Item was introduced by Mr. Baker who stated, "The applicant has not shown
us how he. meets the six (6) criteria. Again, we cettliDly want to extend them the
opportunity to demonstrate that they do but we have not seen how they meet those six (6)
criteria." Mr, Baker reviewed the City of Winter Springs Code of Ordinances
requiremen.ts pertaining to enclosures. Brief disC\l&sion.
Mr. Fred Whitson, Florida Pool Endosures, 140 Ea!t Panama Road. Wimer Springs,
Florida: as the representative for the applicant) he addressed the Board regarding Jot and
slab placement; surrounding properties; presented a letter of approval from the
Architectural Control Board; and spoke of how the a.pplicant has met each of the six (6)
criteria..
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CITY OP WlNT!1l SPRlNOS
M""UT!S
BOAIlO OJ! ~ll.AJSTM~J'IlT
R2Ot1L.U ~E'TlN(j ~ OEC~M9E1\ 5, JOO2
PAOi50Fi
Mr. Neil Staley, 1547 Braewlck Street, Winter Springs, Florida: spoke of the intent of
the Architectural Control Board approval; and ofms neighbor's support.
Discussion followed regarding the utility easement; the owner ha<i'ing the slab extended
during original constrUction without Ole knowledge of setbacks or easementS; and the
ownersmp of surrounding land. '
Di.scussion.
I H~ (J,.u ClI
I
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a
Vice Chairman, T~ytor spoke of difficulties seeing "Where you meet the six (6)
requirements, If you would like to come back up again and go back over them again I
lUld be more tban happy to listen to it. Because I see several tbat I don't believe you
eet" Additionally said by Vice Chainnan Taylor was, '''You sUted on the first one and r ?
I;)fnderstand lhe builder built it ~lose assuming that you w the.
l,-ith a solid roof on it. And thiSecond one I understand 1t wasn't that au di.d tha The
.,Ibuilder poured the concrete, It wasn't an action from you hat caus~he speC1a condition;
r am having trouble with, number 3., number 4," ,
Brief discussion followed regarding the "Interpretation of number 3."
Regarding number 4. Mr. Whitson said, "I in turn had a little difficulty with number 4. as
far as the interpretation as fax as the reasoning and there again I - apologize up fron.t I did
not come fully prepar~d this evening. I was not aware that I would be asked - to state this
whenever I tined out the application but then again that is behind us now. Number 4, - if
I could get a littlt help wirh number 4, as far as an explanation:'
Mr. Baker replied. "Would, denying this deprive the applicant of rights ccmrnonly
enjoyed by other properties within the Tuskawilla PUD [Planned Unit Development).
You could still have a porch on the back of your house - but he wants to have tlus size
screen porch with a hard roof and he could atill have a very large screened porch or he
could have a smaller screened porch with a bard roof. So it really doesn't appear that
there is a hardship there." '
Brief discussion,
l~pc 21!)ide A
Further discussion.
Refemng to number 3. of the criteria Board Member Diller read, "Tha.t the special
condition and circumstances do not result from the actions of the applicant" and said,
"Mr. Staley stood there and told us that when he purchased thi, home their builder had
intended to put a seven and a balf foot (7112') slab there and Mr. Staley asked him \0
make it fifteen feet (1 S ') and paid him extra to do it. So I wonder how the situation now
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erN OF WlNTU. SPa1NOS
MINUTES
BOARD OF ADJUSTMtNT
RP.-O\JL/l.R McUrNO. oeC~B~ 5, 2002
MG16 OJ' 7
with the slab sticking in thjs particular zone is not the result of the acts of the applicant
since he is the one that asked. bjm to do it. n
Mr, Whitson said, "1 can't comment on tbat sir. All I know is that the builder poured the
slab."
It was suggested by Mr, Baker that the applicant go back to the Architectural Control
Board "And g~t that po;nt clarified" regarding their approval of th~ screen enclosure with
the hard roof. Board Member Diller interjected. "Also fol' his own protection."
MOTION BY VICE CHAIRMAN TAYLOR. "I MAKE A MOTION THAT WE
DENY THE V ARJANCE REQUEST." SECONDED BY BOARD MEMBER
DILLER. DISCUSSION. '
VOTE;
BOARD MEM>>ER DILLER: AYE
VICE CHA1RMAN T AYLOR: AYE
CRAlR.1\fAN WATERS: AYE
MOTION CA'RRJED.
Brief discus!;ion, ensued with Mr. Whitaker regarding Regular Agenda Item "A".
.:.(. AGEm>A NOTE: THE FOLLOWING AGENDA ITEMS ARE
nOCUMENTED IN THE ORDER THEY \\'ERE DISCUSSED. .:. .:.
U.CONSENT AGENDA
COl"lSEl'tT
A. Approval Qf The November 11, 200l Regular Meeting Minutes.
MOTION BY VICE ClIAlRMAN TAYLOR. "1 MAKE A MOTION TO
APPROVE THE MINUTES AS SUBMITIED." , SECONDED BY BOARD
MEMBER DILL:EL DISCUSSION. WITH CONSENSUS OF THE BOARD, THE
MOnON WAS APPROVED.
MOTION CAlUUED.
IV. FUTURE AGENDA ITEMS
This Agenda Item was not discussed.
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v. REPORTS
No Reports were given,
VI. AD.'OURNME~T
em Of WlNliT\ SPR(lIIOS
MlWUTiS
lOAM Of Af)JlJ5~T
'-!.GUtAP.. MUnNO - oee 2M81R .5 .100)
, AGl? Of 1
MotION BY BOARD MEMBER DILLER. "1 MAKE A MOTtON WE
ADJOURN." SECONDED BY VICE CHAIRMAN TAYLOR. DlSCUSSIO~.
WITH CONSENSUS OF THE BOARD, THE MOTION WAS APPRO\t"ED.
MOTION cARRIED.
Chainnan Waters adjourned the Meeting at 8:58 p.m.
RESPECTFULLY SUBMlTTEf):
DE.BBIE GILLESPIE
DEPUTY CITY CLERK
APPROVED:--
f'1e~/~
cAe <;,ok
~d%
THOMAS WATERS. CHAIRMAN
BOARD OF ADJUSTMENT
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S \dftl'. Clt'J Clrrl,\nondl I"d Comrr>itteei\8ol.,'d...( "clJll'tment\.ll1\MINlTTU\\ 20502 R.F.CULAR.,do~
l'JOTE: ThtSl Mil\utes Weft ~pproved at the .2003 &oa,d or Adjv'tmcl't lUaubt McclfI\!,'
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· ATTACHMENT E
dhnda- ~(j(jl ~nchSllr(}s, @nc.
Variance & Special Exceptions Agent Form
.
As relates to the application for a Variance and Special Exceptions request on the
B meW, c K-St.
~ S~r\~<;/fl..
,
I
owner of record of said property hereby
sentative of Florida Pool Enclosures, Inc. to by my duly authorized
agent.
As my agent Florida Pool Enclosures, Ioe. will handle aU application procedures
includ~g documentation, fees, postings and hearing appearances before the proper
government bodies.
Authorized this,dAay of ~--;yea~ @7 J:~~
AI" ~ Mary E Luclcart
f"J-..... My CommlS8kln 00158898
'\1;..1 Explres October 25. 2006
/
ATTACHMENT F '. .' ,
. lIOO2l1ol1rl11ci DIreilIDrii' ~__.. ~ ~ J ~ 91- at 7#Ue41111114.
AnlwiL TumerOlalnnan
, Darb...CoveIII Secttwv
DiMd HaywanJ
Judy F\anagan
T pdNIppet
Marie HarrIngtou , ARCHITECTURAL CoNTROL BOARD
.tstllbliWd in aa:crd4nce with provWons of Dtclm-at/on of Cmutitions, eoi-mls, E4stmmts II1Uf RmrlcIiims,
Article VI, Std/on Il, did 30 MiIrrh 1993.
Hams Owners Assoclation.lnc.
1537 Bmewlck Street
Winter Springs, FL 32708
Date of Meeting:
Action by ArchiteCtural Control Board.
AI t1,1. f': ,,! t? lJ z,.
/.
Notice of MeetiIig Posted 48 hrs prior
,if7/'7 7h1wJ~1( cfl,
, The Chelsea Pare at TusaiwillA Home Owners Association, Inc., Architectural Control Board (ACB) having
received a request to consider proposed action(s) under the jusisd.li:tIon of the ACB and said proposed actfilns:
requirinq approval of the ACB, the ACB,on this date did convene for the purpose (s) stated and conSidered the
. proposed actiOn(s). The "Architectural Control Board, without influence of individual personal prejudice for or
against any proposed action requirJng ACBapprovaJ, the ACB did carefully consi~ the request made by:
Proponents
.'
The ACB, in open session, did fully, . fairly and imp!lrlially consider the request of the proponents, the
presentation of comments or opposing, positions by opponent(s)' [if any)
, opponent ,
opponent
opponent
Iind did additionally consider the request with respect to its impact upon the properties of other members of
the HOA. the common property of the HOA. and any perceived negative or positive impllCt upon the vwues of
the affected properties,'1lS Wel11lS the generw. welfare and benefit of the COmmunity and enlumcementof
" Proponents property apJ>E!arance and Vw.ues. '
The Architecturw. Control Board of Chelsea Pare at Tuscawilla HOA. Inc., after proper notice of the meeting
called. for the pwpose of considering the written request of PROPONENT(S), does hereby APPROVE /
DISAPPROVE the requested action and PROPONBT may commence work in accordance with the plans and
.speci.fiCations hereby approved by this action of the ACB, but such work sluillllOt begin before the Ia:pse of
, eleven (ll) days from date of this approvw. by the Architectural Control Board: .
NOTICE OF APPEAL: (Article VI. Sectiqn 11) If any meuiber of the HOA. goVl!q1ed by the Declaration, is not
8Iltlsfied with, any decision of ' the Architectural Control Board, such member may send a written nOtice of
appeal to the lfoard of Dire~rs Il8king the Board to review the decision of the ACB. Notice of any appew.
must comply with the provisions of Article VI. Section 11.
, ' ", '.r f ;, r pY ,,2 ()()?- '
Done by Majority vote of the Architectural Control Board. this~. I J L6liiif'l99l. '
'fb.,~~,~~z
Secretary, ACB
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A l'lodcIa ~ Nc>>fot. Pn>6t, p.s. 1,9llS 617.302
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