08-266CouncilFile# �$'a'��
Green Sheet # ��(�"�,53
CITY.
Presented by
RESOLUTION
PAUL, MINNESOTA
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WHEREAS, Ailiance Properties made application to the Planning Commission (hereinafter, the
"Commission°) in Commission File No. 07-213-611, for a conditional use permit to fill and replace
wetlands as well as certain variances [front yard setback variance (25 ft. required; 7 ft. proposed);
parking variance (75 spaces required; 61 spaces proposed)] for property commonly known as 1384-
1412 Mayre and 1383-1415 Sylvan and legally described as HAGERS SUBDIVISION OF LOTS 1, 2,
3, 4, 5, 6, 7, 14, 15, 16, 17, 18 OF WALCOTTS ADDITION TO COTTAGE HOMES LOT 7
THROUGH LOT 25 BLK 8, [PfN's 1192922320046 through 192922320062]; and
WHEREAS, the Commission's Zoning Committee, duly conducted a public hearing on January 3, 2008, at
which all persons were given an opportunity to be heard and, at the close of the said hearing and based
upon all the testimony and the staff report, moved to recommend approval of the cconditional use permit
and variance applications subject to certain specified condition; and
WHEREAS, on January 11, 2008, the fuli Commission, based upon ail the records and files before it and
the recommendation of the Zoning Committee, moved to approve the said conditional use permit and
variance applications, with conditions, based upon the following findings as set forth in Commission
Resolution No. 08-01 adopted on January 11, 2008.
1. The applicant is proposing to construct a new 50-unit condominium development with 61
underground parking spaces. The site is currently vacant, and nearly half the site (1.23 acres)
is ciassified as wetland. The project will be market-rate, and geared to moderate income ,_
households. Units are proposed to be chiefly two-and three-bedrooms.
2. Plans for the development are to locate the residential building as far to the west as possible
to avoid most of the wetland. However, 2,456 sq. ft. of wetland at the western edge will be
filled to accommodate the building. In order to move the building as close to the western
property line as possible, the applicant is proposing a front yard setback of between 12 and 15�
feet for the majority of the building (variances of 13 ft. and 10 ft. respectively), with a setback
of 7 feet for the entrances (variance of 18 ft.). The applicant is also proposing a parking
variance of �4 spaces to avoid creating a surface parking lot.
3. § 63.606 states: Draining or �lling wetiands except wetiands determined exempt in section
63.604 shal/ be conditional uses in all zoning districfs. § 63.307 states:
(a) No draining or filling of wetlands shall take place until plans to replace the drained or filled
wetlands have been approved by the planning commission. Replacement plans shall
conform to all the requirements of Minn. Ru/es Parts 8420.0530--,0550. The portion of the
condition refating to the requirements of Minnesota Rules is met. The applicant has
received a permit from the Capitol Region Watershed District for the wetland filling and
replacement, and a Sai�t Paul technical evaluation panel has reviewed the proposal and
concurs with the Watershed District permit. This permit requires replacement of the
wetfand at a rate of greater than 2:1. Approval by the Planning Commission is the
purpose of this application.
(b )Plans to drain or fill wetlands and to replace the drained or filled wetlands shall be acted '
on by the planning commission in accordance with section 61.500, Conditional use
permits, of the zoning code and with the additional notice and time requirements of Minn.
Council File # 6 � ��'��
Page 2 of 4
Rules Part 8420.0230. The notice and time requirements referenced were met by staff in
the Department of Safety and Inspections in convening the technical evaluation panel.
3 4. 61.501 lists five standards that alI conditional uses must satisfy:
4 (a) The e�ctenf, location and infensity of the use will be in subsfantial compliance with the Saint
5 Paul Comprehensive Plan and any applicable subarea plans which we�e approved by the
6 city council. This condition is met. Both filling and replacing the existing wetland and
7 constructing a new residential development are consistent with the Comprehensive Plan.
8 Land Use Plan Policv 7.2.2, supports restoring surface water systems—ponds, wetlands,
9 and streams—where feasible. This project wiil improve the wetfand and will increase its
10 total size: 2,456 sq. ft. of the existing wetland will be filied; 5,693 sq, ft. of new wetland will
11 be credited. The Plan aiso states in policy 5.3.1: Each of the seventeen planning districts
12 in the city should have lifecycle housing, that is, a mixture of single-family houses,
13 townhouses, condominiums, apartments, and seniors housing. People of all ages should
14 be able to live conveniently in every part of the city. The Housing Chapter of the
15 Comprehensive Plan also supports the proposed residential development. Policv 5.2,
16 states: Promote good design solutions for housing that meefs newer markef needs and
17 complements existing Saint Paul neighborhoods, designs that use the smaller
18 development sites creatively and that provide for housing in mixed-use neighborhood
19 centers. Housing Policv 6.2 supports construction of affordable housing, Finally, the 2004
20 District 6 Plan supports improving wetlands as significant amenities and wildlife habitats.
21 The Plan also supports construction of new owner-occupied housing in a variety of unit
22 types.
23 (b) The use will provide adequafe ingress and egress to minimize traffic congestion in the
24 public streets. This condition is met. Filling and replacing a portion of the wetland should
25 not create traffic congestion. The proposed residential development has adequate access,
26 both for pedestrians from Mayre, and for the underground parking from Cottage.
27 (c) The use will not be detrimental to the existing character of the development in the
28 immediate neighborhood or endanger the public health, safety and general welfare. This
29 condition is met. The wetland replacement wifl improve the character of the wetland,
34 which wili not be detrimental to the existing character of development in the immediate
31 neighborhood and will protect the public health, safety, and general welfare.
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(d) The use will nof impede the normal and orderly development and improvement of the
surrounding property for uses permitted in the district. This condition is met. The wetland
area to be filled is small and it will be replaced in the same area, which will not impede
normal and orderly development and improvement of other property in the RM2 district.
(e) The use shall, in all other respects, conform to the applicable regulations of the district in
which it is located. This condition is not met. While the wetland fill and replacement
conforms to all applicable regulations, the housing development that is the reason for the
wetland changes does not meet the front setback and parking requirements of the code.
Provided the Planning Commission approves these variances, this condition will be met.
5. Section 61.601 sets out the required findings for a variance of the Zoning Code:
(a) The property in question cannot be puf fo a reasonab/e use under the sfrict provision of the
code. This finding is satisfied. The land is zoned for the proposed multiple family
residential use, but the Capitol Region Watershed District required that the building be
located as far west as possible to minimize the impact on the adjacent wetland. Thus the
required setback of 25 feet cannot be met under the terms of the Watershed permit. The
proposed setback of 7 feet for the entrances to the building and 12-15 feet for the main
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Council File #
Page 3 of 4
1 structure is the result of negotiations between the developer and the Watershed District.
2 Additiona{ly, the applicant needs to provide off-street parking for the new development,
3 and has located it beneath the building in order to preserve wetland area. However, the
4 building footprint is insufficient to accommodate the required 75 spaces.
5 (b) The plighf of the landowner is due to circumstances unique to his property, and these
6 circumstances were not created by the landowner. This finding is satisfied. The presence
7 of a wetland on the property is a unique circumstance that was not created by the
8 landowner.
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(c)
(d)
The proposed variance is in keeping with the spirit and intent of the code, and is consistent
with the health, safety, comfort, morals and welfare of the inhabitants of the City of Saint
Paul. This finding is satisfied. The intent of the setback variance is to provide a transition
between the public street and the residences on either side by creating a semi-public
space along the street in the form of fro�t yards. In this case, the block to the west has
frontage on both Park and Mayre, with front yards on Park Street. The rears of these Iots
face Mayre , with many with garages that do not have a 25 ft. setback from Mayre right-of-
way. The proposed front yard setback is similar to or greater than that of the garages
across Mayre, meeting the intent of the code. The purpose of the off-street parking
requirement is to prevent congestion in the public streets by ensuring that developments
provide adequate off-street parking. In this case, more than one space per unit is being
provided underground, and there is space for at least 15 cars afong the north side of
Cottage between Mayre and Sylvan. The variance of 14 spaces is in keeping with the
spirit and intent of the code's parking requirements.
The proposed variance will not impair an adequate supply of light and air to adjacent
property, nor will it alter the essential characte� of the surrounding area or unreasonably
diminish established property values within the surrounding area. This finding is met. The
setback variance wiii not impair iight and air to property across Mayre, and the parking
variance will have no impact on light and air to adjacent property. None of the variances
will alter the character of this mixed-use area, nor are they likely to diminish area property
values.
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(e) The variance, if granted, would not permit any use fhat is not permifted under the
provisions of the code for the property in the district where the affected land is located, nor
would it alter or change the zoning district classification of the property. This finding is
satisfied. The setback variance and the parking variance do not alter permitted uses in the
RM2 district,
(� The request for variance is not based primarily on a desi�e to increase the value or income
potential of the parcei of land. This finding is satisfied. The variance requests are
primarily based on a desire to develop this parcel within the constraints imposed by the
existing wetland and the permit approved by the Capitol Region Watershed District; and
WHEREAS, pursuant to the provisions of Legislative Code § 61.702, Dale Capistrant, on or about
January 22, 2008, in Commission File 08-14-752, filed an appeal from the determination made by the
Commission and requested a hearing before the Saint Paul City Councii fior the purpose of considering
the actions taken by the said Commission al{eged to be in error as set forth in the attachments to
CapistranYs appeal application; and
WHEREAS, acting pursuant to Legislative Code §§61.702 and .704 and upon notice to affected parties, ;
public hearing was duly conducted by the City Council on February 20, 2008, where all interested parties
were given an opportunity to be heard; and
Council File #
68'�le�v
Page 4 of 4
WHEREAS, The Council, having heard the statements made, and having considered the application, the
report of staff, the record, minutes and resolution of the Zoning Committee and of the Commission; does
hereby
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RESOLVE, that the Council affirms the decision of the Commission in this matter based upon the
following findings of the Council:
The appellant having failed to meet is burden, the Council finds no error in the facts, findings or
procedures of the Planning Commission as alleged by the appeliant in this matter and,
accordingfy, the Gounci! adopts as its own in this matter the findings of the Commission as
contained in Commission Resolution No. 08-01.
AND BE IT FURTHER RESOLVED, that the appeal of Dale Capistrant is hereby denied; and be it
FINALLY RESOLVED, that the City Clerk shall mail a copy of this Resolution to Dale Capistrant, the
Zoning Administrator and the Planning Commission.
Requested by Department oL L.Q-Q
Planning 8t Economic Development
BY� � ;
.
Form Appro by� Attorney
By: �✓/ �V�- 3 �� �.�'
Adoprion Ceriified by Council Secretary Form App d by Ma r for Su mission to ounc'
B � BY. 1 �
Approved Ma r: ate .� l D�
By:
� Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet �
68 -�le�
CA -��cy Anrnnei
OSMARAS
Green Sheet NO: 3050753
ConWd Person & Phone:
Peter Wamer
266-87'10
Doc. Type: RESOLUTION
E-DOCUment Required: Y
DocumentContact: JulieKraus
Conlaq Phone: 2668776
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Assign
Number
For
Routing
Order
Total # of Signature Pages _(Clip All Locations for Signature)
0 Attarne
1 ' Attorne DeartmentDirec[or ���'�
2 ' Attorne
3 &Yfavor`s Office MavodAssistant
4 oonc7
5 Clerk Gti Clerk
Memorializing City Council's February 2Q 2008 morion to deny the appeal of Dale Capistrant to a decison of the Planning
Commission granting a conditional use permit for filling and replacing wetland, and variances of front yazd setback and pazldng at
1384 - 1412 Mayre Street and 1383-1415 5ylvan Street in Saint Paul.
Planning Commission
GB Committee
Civil Service Commission
i. Has this persoNfirm ever worked under a contrect for this department?
Yes No
2. Has this personffirtn ever been a city employee?
Yes No
3. Dces this person�rm possess a skill not nortnally possessed by any
curzent city employee?
Yes No
Explain all yes answers on separate sheet and altach to green sheet
Initiating Probiem, Issues, Opportunity (Wha, What, When, Wfiere, Why):
The Council is cequired pucsuant tn the city Char[er to have its actions reduced to wriring dependent upon the nahue of the matter
before it. The decision of the Council this matter required a resolurion in order to comply with the Charter. Approval of the attached
resolurion fulfills the Council's dury under the Charter.
AdvanWges IfApproved:
None
Disadvantages If Approved:
Failure to approve the resolurion violates the City Charter Requirement.
Disadvantages If Not Approved:
Trensaction:
Funding Source:
Financial Infortnation:
(Explain)
CosURevenue Budgetetl:
Activity Number:
March 5, 2008 9:42 AM Page 1
DEPARTMEN'C OF PLANNING & OU ����
ECONOMIC DEVELOPMENT
Cec+le Bedor, D�rector � • � •• � T••
CITY OF SAII�1'1' PAUL
Chrlstop6er B. Coleman. .Nayor
January 24, 2008
Ms. Mary Erickson
City Council Researcf
Room 310 City Hall
Saint Paul, Minnesota
O�ce
55102
Dear Ms. Erickson:
25 West Fourth Street
Sam7Pau1. MN55102
M01TCE OF PQBLIC SEARING
"Ilie Saint Paui (.4ty Counpl will con-
duct a puhlic hearin� on Wednesday, Feb-
ruary 20, 2008 at 5:30 p.m. in the CYty
Council Chambers. "R�ird Floor CSty fialli
Courthouse, 15 West Kellogg Brn�levard,
St Pavl, MI3, to consider the appeal of
Dale Capislrant to a decision of the Plznn-
ing Commission granting a conditional
use permit for filling and replacing
wetland, and vnriances of fi yard set-
back and pazking a 1384-1412 Mayre
Street and 1383-1415 Sylvan Street
(between Arlington Avenue and Cottage
Avenue West. [ZF OS-014752]
Dated: January 24, 2008 -
MARY ER[CKSON -
Assistant City Counn7 Secretary
(Januaxy 31)
_ - =c 31: PAUL LEGAL LEDGER =--___
22157951
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday,
February 20, 2008, for the following zoning case.
Zoning File Number:
File Name:
Appellant:
Address:
Purpose:
08-014-752
Dale Capistrant
Da�e Capistrant
1384-1412 Mayre St and 1383-1415 Sylvan St., between Arlington
and W.Cottage
Appeal of a Planning Commission decision granting a conditional
use permit for filling and replacing wetland and varinaces of front
yard setback and parking
Previous Action:
Zoning Committee Recommendation: approval with condition(s), 7- 0
Planning Commission Recommendation: approved with condition(s), unanimous,
I have confirmed this day with Councilmember Helgen's office. My understanding is that this
public hearing request will appear on the Council agenda on or before the February 13, 2008,
City Council meeting and that you wilf publish notice of the hearing in the Saint Paul Legal
Ledger. Please call me at 651-266-6639 if you have any questions.
Sinc,�iely,
�J,- — �
Patricia James
City Planner
cc: File #: 08-014-752
Appellant: Dafe Capistrant Applicant Representative: Steve Erban
Applicant: Alliance Properties
Wendy Lane Carol Martineau
Paul Dubruiei Allan Torstenson
AA-ADA-EEO EMPLOYER
DEPARTMEN7 OF SAFETY AND INSPECiTONS �
Bob Kusle�, Diruto� DQ i� /e (�
� �,� y
CTTY OF SANT PAUL
ChristopherB Colemart,M¢yor
COMMERCEBUlLDING Telephone_� 65]-266-9090
BFouslhStreetEasLSuite100 Facs'vnHe� b5J-166-9724
StPau1,M"nmesoW55101-7024 Web. wwwstpmJ.gov/dti
February 5, 2008
Ms. Mary Erickson
City Council Research Office
Room 310 City hall
Saint Paul, MN 55102
Dear Ms. Erickson:
I would like to confirm that a public hearing before the City Council is scheduled for Wednesday,
February 20, 2008, for the following an appeal of a Planning Commission decision approving a
site pian for a commercial development.
Appellants: Hal Ciapp and James Ferstle
Fiie Number. #OS-021704
Purpose: Appeaf of a Pianning Commission decision to approve a site plan
for a new commercial development that includes a Trader Joe's
grocery store.
Address: 1094 Randolph Avenue (southeast corner at Lexington Parkway)
Legal Description
of Property: Willius Subdivision of Block 57 of Lyman Daytons Addition to Saint
Paul Subj to esmts and ex SWiy 10 ft, for alley; NWfy 73.91 ft. of
Lots 1 thru 3, Block 57
Previous Action: Planning Commission approval; unanimous with one abstention,
1/25/08
Zoning Committee approval; vote 6-0-1, 1/17/OS
I have confirmed this date with Councilmember Harris. My undersfanding is that you will publish
notice of the hearing in the Saint Paul Legal Ledger. If you have any questions, please contact
me at 651-266-9086 or tom.beach@ci.stpaul.mn.us.
Sincerely,
��
Tom Beach
Zoning
cc: File #QO-140458
Councilmember Harris
H:\COMMOMSimPlan\I
AA-ADA-EEO Employet
N01ZCE OF PUBLIC �ARING
The S2uit Paul Gtty Council wilt con-
duM a public hearing on Wednesday, Feli-
ruaazy 20, 2005 at 5:30 p.m. in the City
Council Chambers, Third Floor City
Hall/Courthouse, 15 West Kellogg Bpule-
vard, St. Paul, NIN, to consider the appeal
of Hai Clapp and James FersUe to a deci-
sion of the Planning Commission appmv-
ing a site plan for a new comxnercial devei-
opment that includes a Trader Joe's gto-
cery store at 1094 Randolph Avenue
(southeast corner at Le�ngton Pazkway).
[ZF OS-021704� - � '
Dated: Febmary 5, 2008
MARY ERICKSON • -
Assistant City Council Secretary
(February 71 �
_—___= S7: PAUL LE6AL LEDGER =—_ —__
22158794 . ,'
_ . . .__
(2l6/2008) Mary Erickson - 1095�Juno/ Trader Joes site � � � � � � � � . _ � � � � Page 1 ��
From: CouncilInfo
To: Erickson, Mary; Wardl-7
Date: 2/6/2008 131 PM
Subject: 1095 ]uno/ Trader Joes site
CC: Moloney, Trudy
The writer wouid like this e-mail to be considered for February 20. -Racquel, 6-8573
»> "Lisa Pierce" <Lisa.PierceCo�bhshealth.org> 2/6/2008 11:44 AM »>
Hi,
My name is Lisa Pierce and I live at 1095 Juno Avenue in Saint Paul with
my children. I have agreed to seil my home to enhance my neighborhood.
LeYs face it, the intersection of Lexington and Randolph is an eye
sore. I was born and raised in St Paul in this very same community and I
do not plan o� leaving the city that I tove. I want you atl to know
that this opportunity is very beneficial to my family and the community.
I am raising my three daughters as a single parent in this home and have
lived in it for 18 and half years. I would not be doing this if I didn't
think it was a good opportunity for my family, my community and my
neighborhood. Please take my situation into consideration on February
20th.
Ii , � i
Sincerely,
Lisa Pierce
This e-mail communication and any attachments may contain confidential and privileged information for
the use of the designated recipients named above. If you are not the intended recipient, you are hereby
notified that you have received this mmmunication in error and that any review, disclosure,
dissemination, distribution or copying of it or its contents is prohibited. As required by HIPAA you need to
hold this information as privileged and confidential. If you have received this communication in error,
please destroy all copies of this communication and any attachments.
� � �5�
APPLICATION FOR APPEAL
Department of Safefy and Inspec6on�""""" °"" "��•��
Commerce Building �'EB 4 200$
8 Fou�fh St E, Suife 200
SaintPaul, MN 55901
659-266-9008
APPUCANT
PROPERTY
LOCATION
Address1086 Juno Avenue
City St. Paui Zip 55116 Daytime phone 612.984.8737 (cell)
Name of owner (if different)
Legal description: Howard Green Second Addition Subj To Hwy; Lots 5& Lot 6 Bik 2
TYPE OP APPEAL: Application is hereby made for an appeal to the:
❑ Board of Zoning Appeals � City Councfl
underthe provisions of Chapter 61, Section �, Paragraph�OZof the Zoning Code, to appeai a decision
madebythe �1aNN�w �N'l.
on �Qy,2„� , 20� 7. File number: �7• � 9.-��'- 2�0
(date of decision)
GROUNDS FOR APPEAL: Explain why you feel thare has been an error in any requicement, permit,
decision or refusal made by an administrative official, or an error in fact, procedure ar finding made by fhe
Board of Zoning Appeals or the Pianning Commission.
We feel that some of the concems we have while discussed and agreed to in concept by city staff ar�d our'
councii representative need to be documented on the site p.lan and receive formal city council approval. Other
issue§ such as landscaping street lighting etc. we feel cronfident can be addressed in other stages with city
staff.
1. Vacating the eastern 40' of Juno Avenue and deeding the property to property owners at 1086 Juno
Avenue (city would have easement where needed for street drain etc.) after street improvements. The
street would be narrowed creating a private drive. Cify staff have suggested that residents maintain the
rain garden and as part of the property transfer we would agree fio this.
2. Developer to specify plant species to be used in rain garden
3. Extend sound barrier along the eastern end of Juno (same material and height as that on the north)
screen same with Arborvitae 5' minimum heighf
4. Permif Parking only on ffie soufh side of Juno�deve(opedowner of property on north side of Juno to
v�� �[{��
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pay
5. Since residents of Juno will be using the rear aliey for parkittg and backyards for entertaining city staff
has suggested and we agree thaf the alley should be enhanced we woutd request it be repaved and
beautified through landscaping and rain gardens
(see accompanying site plan)
�
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