boa_04 30 2012LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
APRIL 30,2012
2:00 P.M.
I.Roll Call and Finding of a Quorum
A Quorum was present being four (4)in number.
II.Approval of the Minutes of the Previous Meetings
The Minutes of the March 24,2012 meeting were
approved as mailed by unanimous vote.
III.Members Present:Jeff Yates,Chairman
Scott Smith,Vice Chairman
Rajesh Mehta
Robert Winchester
Members Absent:Brad Wingfield
City Attorney Present:Debra Weldon
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
APRIL 30,2012
2:00 P.M.
I.OLD BUSINESS:
No Old Business
II.NEW BUSINESS:
1.Z-8674-A 207 W.3"Street
2.Z-8758 5010 Country Club Road
3.Z-8759 53 Bentley Circle
4.Z-8760 300 Block of N.Summit Street (east side)
APRIL 30,2012
ITEM NO.:1
File No.:Z-8674-A
Owner:207 West 3"Development LLC
Applicant:Ben Cox
Address:207 W.3"Street
Description:South side of W.3"Street,between Center and Louisiana Streets
Zoned:UU
Variance Requested:A variance is requested from the development provisions of
Section 36-342.1 to allow the planting of street trees in above ground planters along all
street frontages.
Justification:The applicant's justification is presented in an attached letter.
Present Use of Property:Parking Lot
Proposed Use of Property:Parking Lot
STAFF REPORT
A.Public Works Issues:
1.A 3 foot wide space must remain unobstructed to comply with ADA
requirements.
2.Tree planters shall not be within 2 feet from back of curb.
3.A franchise permit is required for tree planters in the right-of-way.
Contact Bennie Nicolo at 501-371-4818 for permit.
B.Landscape and Buffer Comments by:
Christ Marvel Plans Develo ment Administrator
1.All the prior variances proposed the addition of the street trees per the UU
District Standards.These UU district standards are created to specify
standards for the safe addition of landscaping within Urban (high pedestrian
areas).This particular site is in an Urban environment and thus highly
pedestrian.
2.The City of Little Rocks Urban Forester has given feedback noting the
unlikelihood of tree survival in a planter.He highly discourages their use and
once located within the public right-of-way the trees become his to care for,
APRIL 30,2012
ITEM NO:1 CON'T.
maintain,and remove when they become hazards to the public.Mr.Robbie
Hudson,Urban Forester for the City of Little Rock recommends denial.
3.The UU district standards have been lined out with perimeters and I feel the
standards need to be followed.In my professional opinion,trees will not
survive in a planter located within such a hot,urban,metropolitan area.The
trees would certainly not thrive in such a contained area.The planters also
don't allow for proper drainage nor containment;making the plant saturate and
ultimately die.The tree wells allow more soil,space,i.e.growing area for the
trees root systems;thus the trees are more stable;less likely to fall.Tree wells
also allow for more nutrients,water retention and water percolation.
4.The planters are also a pedestrian hazard.The requirement for the trees being
put into the sidewalks,flush with the sidewalk,is due to the trip hazards
associated with additional objects being located on city sidewalks.They also
take up much more space,create an obstacle on the sidewalk,and become a
safety issue in addition to the other issues denoted above.I recommend denial
of the application.
5.It would also set precedent for other objects/obstructions within our public
rights-of-way.
C.S~taff Anal ele:
The UU zoned property at 207 W.3'"Street contains a newly constructed surface
parking lot.The property is located on the south side of W.3"Street,between
Center and Louisiana Streets.The parking area on the east side of the alley serves
The Hatcher Agency and the lot west of the alley is used by Vratsinas Construction
Company.On July 25,2011,the Board of Adjustment granted several variances
for the new parking lot.The variances were from the development provisions of
Section 36-342.1,the parking provisions of Section 36-511 and the buffer
provisions of Section 36-522.
Section 36-342.1(c )(5)b.of the City's Zoning Ordinance requires street trees in the
UU zoning district as follows:
b.Street trees a minimum of three-inch caliper shall be required (type of
trees as listed in landscape ordinance [chapter 15]).The trees shall be
located a minimum of two (2)feet off the back of a curb and shall be
thirty (30)feet on center and no closer than thirty (30)feet to a street
intersection with a water source provided.The tree canopy shall be
maintained at least eight (8)feet above the sidewalk.
On July 25,2011,the Board approved a variance to allow a reduced number of
street trees to be planted due to existing utility lines.One (1)tree at the northeast
corner of the lot west of the alley,and two (2)trees at the southwest corner of this
lot were approved to be eliminated.Otherwise,all of the other required street trees
were shown on the approved site plan.
APRIL 30,2012
ITEM NO 'CON'T.
The applicant is now back before the Board of Adjustment requesting another
variance with respect to the street trees.The applicant is proposing to plant the
required street trees in above ground planters rather than the in-ground tree wells
as required.The applicant proposes to construct 36-inch diameter concrete
planters on the sidewalk at the required street tree locations.The planters will be
36 inches in height.The applicant notes that the variety of tree for each planter will
be an approved variety by the City.Therefore,the applicant is requesting a
variance from Section 36-342.1(c )(5)to allow above ground planters rather than
the required in-ground tree wells.
Staff is not supportive of the requested variance.As noted in paragraph B,of the
staff report,Robbie Hudson (City of Little Rock Urban Forester)nor Christy Marvel
(Plans Development Administrator)believe trees will survive in above-ground
planters as proposed by the applicant.The above-ground planters will not provide
an environment suitable for street trees as required by the ordinance.As such,
staff believes the applicant should construct the in-ground tree wells as required.
D.Staff Recommendation
Staff recommends denial of the variance to allow above-ground planters for street
trees at 207 W.3"Street.
BOARD OF ADJUSTMENT:(April 30,2012)
Staff informed the Board that the applicant submitted a letter on April 26,2012
requesting this application be deferred to the May 21,2012 agenda,so that additional
information could be submitted to staff and the Board.Staff supported the deferral
request.
The item was placed on the Consent Agenda and deferred to the May 21,2012 agenda
with a vote of 4 ayes,0 nays and 1 absent.
207 West 3"Development LLC
City of little Rock
723 West Markham
Little Rock,AR
Telephone:501-371-4790
Property Address:
207 West
3'ittleRock Ar 72201
To whom it may concern,
207 West 3"Development LLC is requesting a variance to put 11 Willow Oak trees
called out in the attached site plan in the green space in lieu ofyutting them in the steel
grates in the sidewalk areas,In lieu of this change 207 west 3"will install 11 planters on
the sidewalk with an approved nee by the City of Little Rock in each planter.The
concrete planters (36"Dia x 36"H)will be above ground in locations based on the plan
approved by the board of adjustment.We are providing more than the original plans
show.
The reason for the change is the Lot west of us was not required to install trees in the
sidewalk;this will also create a trip hazard since this is a major intersection with the
school being across the street.Last but not least there are utilities below ground in the
proposed sidewalk.The utilities would have to be relocated if the n'ee grates were to be
installed at the locations noted on approved plans.
If you have any questions please feel free to call me 501-658-5796
Sincerely,
/
k)~
aitham Alley
APRIL 30,2012
ITEM NO.:2
File No.:Z-8758
Owner:Murray and Jackie Hunt
Applicant:Murray Hunt
Address:5010 Country Club Blvd.
Description:Lot 11,Block 13,Newton's Addition
Zoned:R-2
Variance Requested:A variance is requested from the area provisions of Section 36-254
to allow a carport addition with a reduced side setback.
Justification:The applicant's justification is presented in an attached letter.
Present Use of Property:Single Family Residential
Proposed Use of Property:Single Family Residential
STAFF REPORT
A.Public Works Issues:
No Comments
B.Buildin Codes Comments
The required fire separation distance (building to property line)prescribed by the
building code terminates at five (5)feet.Buildings are allowed to be closer than
five (5)feet if they have properly constructed fire walls which provide the requisite
one (1)hour fire resistance rating.When buildings are five (5)feet or more from
the property line,the requirement no longer applies to the wall itself,only the
projections such as eaves or overhangs.
Openings such as doors and windows are limited when the exterior wall is three (3)
feet from the property line,and are prohibited when the exterior wall is less than
three (3)feet from the line.There is no restriction on openings when the exterior
wall is more than three (3)feet from the property line.
Contact the City of Little Rock Building Codes at 371-4832 for additional details,
APRIL 30,2012
ITEM NO.:2 CON'T.
C.~Staff Anai sis:
The R-2 zoned property at 5010 Country Club Blvd.is occupied by a one-story
frame single residence.There is a one-car wide driveway from Country Club Blvd
at the southwest corner of the lot.The driveway extends along the west side of the
house.
The applicant proposes to construct a one-story carport on the west side of he
home,over the existing driveway,as noted on the attached site plan.The carport
addition will be 11 feet wide and 41 feet deep.It will be located 1.5 feet to two (2)
feet back from the west side property line,as measured to the support posts.
There will be a maximum overhang of one (1)foot which will include guttering.The
carport addition will be unenclosed on its north,south and west sides.The carport
will be located over 30 feet back from the front (south)property line.
Section 36-254(d)(2)of the City's Zoning Ordinance requires a minimum side
setback of five (5)feet for this R-2 zoned lot.Therefore,the applicant is requesting
a variance to allow the carport addition with a west side setback of 1.5 to two (2)
feet.
Staff is supportive of the requested side setback variance.Staff views the request
as reasonable.The proposed carport addition with reduced side setback will not
be out of character with other properties in this general area.Staff typically
supports 1.5 foot minimum side setbacks for unenclosed structures.Staff feels this
is ample space to construct and maintain an unenclosed structure without
encroaching onto the adjacent property.Staff believes the proposed carport
addition with reduced side setback will have no adverse impact on the adjacent
properties or the general area.Ample separation should exist between the
proposed carport and the adjacent house to the west.The applicant submitted a
letter from the property owner immediately to the west supporting the variance
request.
D.Staff Recommendation:
Staff recommends approval of the requested side setback variance,subject to the
following conditions:
1.The carport addition must be constructed to match the existing residence.
2.The carport addition must remain unenclosed on its north,south and west
sides.
3.There is to be a maximum overhang of one (1)foot which shall include
guttering.
4.Compliance with the Building Codes requirements as noted in paragraph
8,of the staff report.
APRIL 30,2012
ITEM NO 'CON'T.
BOARD OF ADJUSTMENT:(April 30,2012)
The applicant was present.There were no objectors present.Staff presented the
application with a recommendation of approval,with conditions.
The item was placed on the Consent Agenda and approved,as recommended by staff,
with a vote of 4 ayes,0 nays and 1 absent.
g-8'7&h
Department of Planning A Development
723 West Markham
Little Rock,AR 72201
RE:Residential Zoning Variance for Murray H.Hunt,Jr.
5010 Country Club
Little Rock,AR 72207
Dear Sirs:
By way of the application,1 am requesting a zoning variance to construct a carport on the
west side of my residence.Please consider the follou4ng as justification for approval:
1.Would allow myself and wife to be sheltered from inclement weather as we enter
and exit the residence
2.Would provide shelter for two vehicles during inclement weather
3.Would allow water to be channeled along the driveway out to the street
4.Lighting to be installed would provide security as we enter and exit the dwelling
The carport to be constructed will be 41'x 12'.From the west exterior wall of the
existing dwelling to the supporting car port posts the structure will measure 11 fl.An
additional 1 ft overhang will include guttering for a total of 12 fl.By allowing for 12 lt it
will provide room to open the car doors under shelter.The carport will be open on three
sides.The four metal posts will be painted to match the existing home.The roof line
will come off the existing roof 12 ft with a fall of 3 to 4 ft.Leaf guard gutters will be
installed the entire 41 fi length with drainspouts directing the water towards the street.
The structure will be framed with the sof5t and facia being vinyl to match the home.
Two sensor lights will be mounted,one in the middle of the carport and one on the south
side.The south side light will provide for two lights,one covering the front porch and
the other for the drive in area.
Your consideration and approval of this request is greatly appreciated.
Murray H.Hun,Jr.
WZ
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s'~~&'r.
Monte Moore
Zoning and Enforcement Administrator
Department of Planning k.Development
723 West Markham
Little Rock,AR 72201
RE:Residential Zoning Variance for Murray H.Hunt,Jr.
5010 Country Club
Little Rock,AR 72207
Dear Sir:
I,Amy Treadway,live at 5012 Country Club Blvd,Little Rock,AR.Mr.Murray Hunt's
residence lies east of my property.It is my understanding Mr.Hunt intends to have
constructed a 41'x12'arport that will attach to the west side ofhis home.It has been
explained to me that the post setting will be 1 1 ft &om Mr.Hunt's home and there will be
a I ft overhang which includes the guttering.
I recommend that this variance be approved as presented.
Sincerely,
Amy Treadway
APRIL 30,2012
ITEM NO.:3
File No.:Z-8759
Owner/Applicant:Ronald G.Parks,Sr.
Address:53 Bentley Circle
Description;Lot 41,Phase 2,Bentley Court Subdivision
Zoned:R-2
Variance Requested:A variance is requested from the area provisions of Section 36-254
to allow a building addition with a reduced rear setback.
Justification;The applicant's justification is presented in an attached letter.
Present Use of Property:Single Family Residential
Proposed Use of Property:Single Family Residential
STAFF REPORT
A.Public Works Issues:
No Comment
B.~Staff Anal ala:
The R-2 zoned property at 53 Bentley Circle is occupied by a one-story brick and
frame single family residence.There is a two-car wide driveway from Bentley
Circle at the northeast corner of the lot.A one-story eight (8)foot by twelve (12)
foot frame accessory building (Morgan-type building)is located near the southwest
corner of the property.There is a 10 foot wide utility easement which runs along
the rear (south)property line.The accessory building is located in the utility
easement.The lot has a 15 foot front platted building line.
The applicant proposes to construct a 20 foot by 22.3 foot building addition to the
rear southeast corner of the residence,as noted on the attached site plan.The
proposed addition will be one (1)story in height and maintain the same 11.8foot
east side setback as the existing house.The addition will be located 11 feet back
from the rear (south)property line.The applicant is proposing the addition for a
family room and bedroom.See the attached cover letter for details.
Section 36-254(d)(3)of the City's Zoning Ordinance requires a minimum rear
setback of 25 feet for this R-2 zoned lot.Therefore,the applicant is requesting a
variance to allow the proposed building addition with a reduced rear setback.
APRIL 30,2012
ITEM NO 'CON'T
Staff is supportive of the requested rear setback variance.Staff views the request
as reasonable.The existing single family lot has a rather shallow depth of 105
feet.Single family lots typically have depths in the 140 to 150 foot range.Staff
feels the proposed addition will leave adequate separation between it and the
single family home to the south,as well as adequate yard space.Staff support is
contingent upon the applicant correcting the easement encroachment issue with
the existing storage building.The storage building must be moved approximately
seven (7)feet to the north to remove it from the easement and comply with setback
requirements.Staff believes the proposed building addition with reduced rear
setback will have no adverse impact on the adjacent properties or the general
area.
C.Staff Recommendation:
Staff recommends approval of the requested rear setback variance,subject to the
following conditions:
1.The addition must be constructed to match the existing residence.
2.The existing accessory building must be moved out of the 10 foot wide utility
easement along the rear (south)property line,and maintain a minimum three
(3)foot side setback.
BOARD OF ADJUSTMENT:(April 30,2012)
The applicant was present.There were no objectors present.Staff presented the
application with a recommendation of approval,with conditions.
The item was placed on the Consent Agenda and approved,as recommended by staff,
with a vote of 4 ayes,0 nays and 1 absent.
ZONING VARIANCE
To the Board of Adjustments,
I Ronald G parks Sr.Would like for the Board of Adjustments to grant me a zoning variance for
my property.I'm a home owner in Bentley Court and I want more space in my home.My
mother had to move in with us and the house in really getting crowded.We have two boys and
two girls living in the home and we are just trying to make it so we all are comfortable in the
home when everyone is here.We are trying to add a family room/bedroom to the back of the
home.
Thanking You in Advance,
Ronald G.Parks Sr.
APRIL 30,2012
ITEM NO.:4
File No.:Z-8760
Owner:Summit Heights LLC
Applicant:Bill Forbess
Address:300 Block of N.Summit Street (east side)
Description:Lots 3 through 7,Block 3,Virginia Heights Addition
Zoned:R-3
Variance Requested:A variance is requested from the area provisions of Section 36-254
to allow construction of five (5)residences (one per lot)with reduced front setbacks.
Justification:The applicant's justification is presented in an attached letter.
Present Use of Property:Undeveloped
Proposed Use of Property:Single Family Residences
STAFF REPORT
A.Public Works Issues:
No Comments
B.Little Rock Wastewater Comments:
Building foundations may be constructed to five (5)feet of the existing 6 inch sewer
main located on Lots 3 through 7,Virginia Heights Addition.
C.~fftaff Anal ala:
The R-3 zoned property within the 300 block of N.Summit Street (east side)is
currently undeveloped.The property is covered with trees and undergrowth.The
property is comprised of five (5)platted single family residential lots.The lots
slope downward from front to back (west to east)to Gill Street along the east (rear)
property line.The lots have slopes ranging from 31 to 33 percent.There is an
existing six (6)inch sewer line running north/south through the lots.
The applicant proposes to construct five (5)single family residences,one (1)on
each of the platted lots,as noted on the attached site plan.Each residential
structure will comply with the ordinance required side and rear setbacks.The main
body of each house will be located approximately 30 feet back from the front
property line,with a carport which extends to within five (5)feet of the front
APRIL 30,2012
ITEM NO.:4 CON'T.
property line.The residences will be one-story in height as viewed from Summit
Street,with lower level basement areas.The carports will be two-car width and
unenclosed.The applicant proposes to use welded wire mesh to secure one (1)
side of each carport structure,as noted on the plans attached to the applicant's
coverletter.
Section 36-255(d)(1)of the City's Zoning Ordinance requires a minimum front
setback of 25 feet for R-3 zoned lots.Therefore,the applicant is requesting a
variance from this ordinance standard to allow the carport portions of the
residences with five (5)foot front setbacks.
Staff is supportive of the requested front setback variance.Staff views the request
as a reasonable infill project.The single family lots have an excessive amount of
slope (31 to 33 percent)from front to back.The requested encroachment is only
for the carport portions of the residences,to allow safe vehicular access from the
roadway onto the property.The main footprint of each house will comply with the
minimum setback requirements.Additionally,the carport portions of the
residences will not be enclosed with opaque materials.This will lessen any
possible visual impact the structures may create.The location of the existing
sewer line also limits the buildable area for Lots 3 and 7.The proposed front
setback will not be out of character with the neighborhood.Several residences to
the north along Riverview Drive have similar front setbacks due to the topography
of the lots.Staff believes development of these single family lots with reduced
front setbacks will have no adverse impact on the adjacent properties or the
general area.
D.Staff Recommendation:
Staff recommends approval of the requested front setback variance for Lots 3
through 7,Block 3,Virginia Heights Addition,subject to the following conditions:
1.Compliance with the Little Rock Wastewater requirement as noted in
paragraph B.of the staff report.
2.The carport portion of the residences must remain unenclosed with
opaque materials.
BOARD OF ADJUSTMENT:(April 30,2012)
The applicant was present.There were no objectors present.Staff presented the
application with a recommendation of approval,with conditions,
The item was placed on the Consent Agenda and approved,as recommended by staff,
with a vote of 4 ayes,0 nays and 1 absent.
p -g z6c
(t o p.~4 4-I')
March 27,2012
CLR Department of Planning
Board of Adjustment
723 West Markham
Little Rock,Arkansas 72201
Re:300 Block North Summit Street
Residential Zoning Variance
Members of Department 8r Board,
Attached is the variance proposal,with justification for lots 3,4,5,6,and 7 located in
the 300 block,east side of North Summit Street.The lots are currently for sale,as the
buyer my offer is contingent upon reduction of the 25'-0"structure set back to 5"-0".
Please review the following attachments:
~CLR application for zoning variance.
~Variance justification narrative.
~Survey,with proposed improvements.
~Little Rock Waste Water sewer main survey.
~Little Rock Waster Water engineer's easement statement.
~Existing North Summit structures.
Thank you for your review and attention.
Sincerely,
Bill Forbess
Variance Proposal Justification Narrative
300 Block North Summit Street —Lots 3 through 7
Existing neighbor is single family 1930's bungalows interspaced,with 1960's duplexes to north and south
of lots.Existing North Summit Street is unimproved chip and seal roadway,with surface drainage and
driveway culverts along west side —no drainage structures exist along east lots 3-7.Overhead power
stops at south lot 7;Entergy transmission lines border north lot 3.Water is located along east side of
North Summit.Gas is unknown,valves and meters are along west side of street.Sanitary sewer 6"mains
cross all lots,with north main crossing from southeast to manhole at bottom of slope —south main
crosses northeast to same manhole —sewer mains are not in platted easements and exact vertical and
horizontal location is not verified.All lots are sloped at approximately 30 percent and covered with small
trees and scrub.
Variance request is for reduction of building setback from 25'-0"off right of way/property line to 5'-0"
off right of way /property line.
Existing roadway is 16'-0"to 18'-0"in width —right of way is 50'-0".Variance request is that building
carport will locate 5'-0"from right of way /property line —this will locate approximately 20'-0"from
edge of existing North Summit Street.
Variance justification is requested for the following:
1.Excessive slope for all lots.Percent grade for lots calculates to thirty (30)percent,plus.City of
Little Rock Subdivision Ordinance defines excessive grade as eighteen (18)percent
2.Existing sanitary sewer 6"mains and 10'-0"prescriptive easement,requiring all structural
foundations locating 5'-0"off centerline of piping.
3.Example of new construction with similar slope and setback variance was approval of 15'-0"off
back of curb for Edgerstoune Lane,eastern area of Hi((crest neighborhood.
4.Existing neighborhood setbacks vary.
I give William Forbess and Richard Prewitt permission to apply for and discuss a building setback
variance to the Little Rock Board of Adjustments for the property located at:
301 North Summit,Little Rock,AR 72205 Legal:Lots 3 thru 7,Virginia Heights,Pulaski County,AR
Brian r (Summit Heights LLC)
Elevation for Lots 3 and 7
Structure is 60'-0"located with 5'-0"property line setback,existing 6'anitary sewer,5'-0"LRWW
prescriptive easement and percent of slope.All dimensions were scaled from survey —grade was
calculated from survey topography.
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April 30,2012
There being no further business before the Board,the meeting was adjourned at 2:04 p.m.
Chairman Secret ry