boa_02 22 2010P
61
LITTLE ROCK BOARD OF ADJUSTMENT
SUMMARY OF MINUTES
FEBRUARY 22, 2010
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Roll Call and Finding of a Quorum
A Quorum was present being five (5) in number.
II. Approval of the Minutes of the Previous Meetings
The Minutes of the January 25, 2010 meeting were
approved as mailed by unanimous vote.
III. Members Present: Robert Winchester, Chairman
James Van Dover, Vice Chairman
Leslie Greenwood
Scott Smith
David Wilbourn
Members Absent: None
City Attorney Present: Cindy Dawson
LITTLE ROCK BOARD OF ADJUSTMENT
AGENDA
I. OLD BUSINESS:
A. Z-8507
II. NEW BUSINESS:
1. Z -6209-A
2. Z-8520
3. Z-8521
4. Z-8522
FEBRUARY 22, 2010
2:00 P.M.
814 West 7th Street
1801 Shadow Lane
49 DuClair Court
2112 Country Club Lane
4907 Hawthorne Road
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FEBRUARY 22, 2010
ITEM NO.: A
File No.: Z-8507
Owner: Robert Berry
Applicant: Terry Burruss
Address: 814 West 7th Street
Description: North side of West 7th Street, between State and Izard Streets.
Zoned: UU
Variance Requested: A variance is requested from the sign provisions of Section 36-553
to allow a projecting sign which exceeds the maximum area allowed.
Justification: The applicant's justification is presented in an attached letter.
Present Use of Property: Vacant Commercial Building
Proposed Use of Property: Tattoo Shop
Staff Note:
The sign as proposed by the applicant is considered a "roof sign" by ordinance
definition based on the fact that it extends above the roofline of the building.
According to ordinance, a "roof sign" is a prohibited sign type. As such, the
applicant cannot request a variance for the proposed sign.
Staff suggests that the applicant develop an alternate signage plan and present it to
the Board of Adjustment at the December 21, 2009 meeting. Therefore, staff
recommends this application be deferred to the December 21, 2009 Agenda.
BOARD OF ADJUSTMENT:
(NOVEMBER 30, 2009)
The applicant was not present. Staff recommended the application be deferred to the
December 21, 2009 agenda, to allow the applicant time to address the "roof sign"
issue.
The Chairman placed the item on the Consent Agenda for deferral to the December
21, 2009 agenda. The Consent Agenda was approved with a vote of 3 ayes, 0 nays
and 2 absent. The application was deferred.
FEBRUARY 22, 2010
ITEM NO.: A (CON'T.)
Staff Note:
The applicant submitted a letter on December 9, 2009 requesting the application be
deferred to the January 25, 2010 Agenda. Staff supports the deferral request.
BOARD OF ADJUSTMENT: (DECEMBER 21, 2009)
The applicant was not present. There were no objectors present. Staff presented
the item and informed the Board that the applicant had requested deferral of the item
to the January 25, 2010 meeting. There was no further discussion. The item was
placed on the consent agenda and deferred to the January 25, 2010 meeting by a
vote of 5 ayes, 0 noes and 0 absent.
Staff Note:
The applicant has filed an appeal, appealing staff's interpretation of the definition of a
"roof sign". The appeal is on this agenda (Item 3). Therefore, this application for
variance needs to be deferred to the February 22, 2010 Board of Adjustment agenda,
so that the Board may first act on the applicant's appeal.
BOARD OF ADJUSTMENT: (JANUARY 25, 2010)
The applicant was present. There were no objectors present. Staff presented the
item and informed the Board that the item needed to be deferred to the February 22,
2010 Agenda. There was no further discussion. The item was placed on
the consent agenda and deferred to the February 22, 2010 meeting by a vote of
4 ayes, 0 noes and 1 absent.
Staff Note:
The applicant submitted a letter to staff on February 10, 2010 requesting this
application be deferred to the March 29, 2010 agenda. The applicant is working to
redesign the sign and make it smaller, and considering the possibility of adding a
parapet to the front of the building. Staff is supportive of the deferral request.
BOARD OF ADJUSTMENT: (FEBRUARY 22, 2010)
The applicant was present. There were no objectors present. Staff presented the
item and informed the Board that the item needed to be deferred to the March 29,
2010 Agenda. There was no further discussion. The item was placed on
the consent agenda and deferred to the March 29, 2010 meeting by a vote of
5 ayes, 0 noes and 0 absent.
f
614 CEN CER ST.
LITTLE ROCK, AR 72201
501-376-3676 FAX 376-3766
tbeuRuss
Architect design, planning and inferiors
October 23, 2009
Mr. Monte Moore
Zoning and Enforcement Administrator
Department of Planning & Development
City of Little Rock
723 W. Markham
Little Rock, AR 72201
RE: Seventh Street
Sign Variance
8147 Ih Street
Little Rock, Arkansas
A/E # 0933
Dear Mr. Moore:
Attached please find 6 copies of the Site Plan on the above referenced project. We are
proposing to install a projecting sign above the existing canopy. Overall sign dimensions will be
approximately be 5' wide by 12' tall "(60 square feet). The ordinance would allow us to have
wall signage of approximately 82 square feet. We are requesting permission to install the
projected sign in lieu of larger wall signage.
We appreciate your consideration on this request. If there are any questions or additional
information is needed, please call. We can also be reached by email at
tbadesignplanning@sbcglobal.net.
Yours very truly,
Terry G. Burruss, AIA
FEBRUARY 22, 2010
ITEM NO
File No.: Z -6209-A
Owner: Cal and Heather McCastlain
Applicant: Wayne Moore
Address: 1801 Shadow Lane
Description: Lot 116, Shadowlawn Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-254
to allow a building addition with 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. Staff Analysis:
The R-2 zoned property at 1801 Shadow Lane is occupied by a two-story brick and
stucco single family residence. The property is located at the northeast corner of
Shadow Lane and Cantrell Road. The property is comprised of one (1) full lot
and parts of two (2) other lots in the Shadowlawn Addition. The residence is
located within the north portion of the property, back from Cantrell Road. There
is a one -car wide driveway from Shadow Lane at the northwest corner of the
property.
The applicant proposes to construct a one-story carport/storage addition on the
north side of the residence, and a one-story master bedroom/screened porch
addition on the rear (east side) of the residence, as noted on the attached site
plan. The carport portion of the addition will be 21.3 feet by 30.5 feet in area, and
be set back from the north side property line ranging from three (3) feet to 17 feet.
The storage addition will be 13.1 feet by 15.6 feet in area, and be located three (3)
FEBRUARY 22, 2010 (
ITEM NO.: 1 (Con't.
feet to 9.5 feet back from the north side property line. The master bedroom
addition to the rear of the residence is proposed to be approximately 588 square
feet in area. The addition will be located 18 feet to 21.5 feet back from the rear
(east) property line. The screened porch will be approximately 288 square feet in
area and located on the west side of the master bedroom addition. The carport
portion of the addition (21.3 feet by 30.5 feet) on the north side of the residence will
be unenclosed on its north, west and portion of east sides. The carport/storage
addition will have a flat or low-pitched roof so it will not conflict with the windows on
the second floor of the residence.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum side
setback of eight (8) feet. Section 36-254(d)(3) allows a minimum rear setback of
eight (8) feet when minimum 25 foot front and exterior side setbacks are provided
for a corner lot, which is the case with this property. Therefore, the applicant is
requesting a variance to allow the carport/storage addition on the north side of the
residence with a reduced side yard setback of three (3) feet at two (2) corners of
the addition.
Staff is supportive of the requested side setback variance. Staff views the request
as reasonable. The existing residence is located well behind the 25 foot front
platted building line on the lot and at a slight angle to the front property line. The
house is approximately 44 feet back from the front property line at the its nearest
point. This, in combination with the fact that the existing driveway is located on the
north side of the residence, makes the north side of the residence the most logical
area to located a carport/storage area. It would not be advisable to attempt to
relocate the driveway elsewhere on the lot, given the volume of traffic on Cantrell
Road. Additionally, there will be ample separation between the proposed carport
addition and the residence immediately to the north. Staff believes proposed
carport/storage addition will have no adverse impact on the adjacent properties or
the general area.
C. Staff Recommendation:
Staff recommends approval of the requested side setback variance, subject to the
following conditions:
1. The carport addition must remain unenclosed on its north, west and portion
of east sides.
2. The additions must be constructed to match the existing residence.
BOARD OF ADJUSTMENT: (FEBRUARY 22, 2010)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval as noted in the "staff recommendation"
above. There was no further discussion. The item was placed on the consent agenda
and approved as recommended by staff. The vote was 5 ayes, 0 noes and 0 absent.
WAYNE MOORE CONSTRUCTION t.,OMPANY
2121 WATT STREET, SUITE E / LITTLE ROCK, AR 72227 / 501.228-5515 TELEPHONE / 501.228.6787 FAX
January 8, 2010 -:—
y^r
Mr. Monte Moore
Zoning & Enforcement Administrator
City of Little Rock Planning & Development
723 West Markham, 1St Floor
Little Rock, AR 72201-1334
Re: Zoning Variance Application - McCastlain Residence at 1801 Shadow Lane
AKA Lot 116 and parts of Lots 117 & 118, Shadowlawn Addition, Little Rock, AR
Dear Monte,
I am requesting the attached two variances for the above described property on behalf of Heather
& Cal McCastlain, Owners.
A 3' side yard setback variance is requested for the proposed construction of a carport and
storage area. Please note per the attached site plan, the proposed improvements encroach at two
points, but in each instance the structure quickly moves away allowing for adequate separation
between the neighboring property. This proposal is basically covering the area where the
McCastlains currently park their vehicles and store other items, such as bicycles and trash
dumpsters.
The second requested variance is for an 18' rear yard setback. This setback is needed to allow
for the construction of a main level master suite. The existing floor plan dictates that this is the
practical location for a master suite addition.
Please note the uniqueness of the lot shape and its proximity to Cantrell Road. For obvious
reasons such as safety and traffic noise, both the existing and proposed improvements
are placed in the northeast corner of these lots. The McCastlains plan to retain the home's
original front elevation and the proposed construction architecture is complimenting in design.
Thank you for your consideration of this application. You may contact me by calling 228-5515
or emailing wmcc@sbcglobal.net should you have any questions.
Thank you.
113 SPECIALIST IN THE CONSTRUCTION OF FINE HOMES / REAL ESTATE DEVELOPMENT H R
We.ir0:
FEBRUARY 22, 2010
ITEM NO.: 2
File No.: Z-8520
Owner/Applicant: Turag Ronaghi
Address: 49 DuClair Court
Description: Lot 11, Block 4, Chenal Valley Addition
Zoned: R-2
Variance Requested: A variance is requested from the fence provisions of Section 36-
516 to allow a fence which exceeds the maximum height allowed.
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. Staff Analysis:
The R-2 zoned property at 49 Duclair Court is occupied by a one-story brick single
family residence. There is a paved alley located along the rear property line. A
driveway from the alley serves as access to a garage on the rear of the residence.
The applicant recently began construction of a six (6) foot — nine (9) inch tall wood
fence to enclose a portion of the rear yard area, as noted on the attached site plan.
The new fence consists of standard six (6) foot high (1 inch by 4 inch) wood
pickets (dog -eased), on top of two (2) 2 X 6 timbers running horizontally on end. A
portion of the fence along the south property line has not been completed, as the
applicant stopped work when he was informed of the need for a variance.
Section 36-516(e)(1)a. of the City's Zoning Ordinance allows a maximum fence
height of six (6) feet for fences in R-2 zoned areas. Therefore, the applicant is
requesting a variance to allow the newly constructed fence with an overall height of
approximately six (6) feet — nine (9) inches.
FEBRUARY 22, 2010
ITEM NO.: 2 (Con't.)
Staff is supportive of the requested fence variance. Staff views the issue as a
relatively minor increase in fence height. There are several six (6) foot tall fences
located along the alley. Several of the fences have decorative posts with heights
near seven (7) feet. When viewing the new fence from one end of the alley or the
other, it does not have the appearance of being out of character, height -wise, with
the other fences along the alley. Staff believes the fence, as constructed, will have
no negative impact on the adjacent properties or the general area. The applicant
should be aware that there may be an architectural review committee for this
neighborhood which could include fence construction.
C. Staff Recommendation:
Staff recommends approval of the requested fence height variance, as filed.
BOARD OF ADJUSTMENT: (FEBRUARY 22, 2010)
The applicant was present. There were no objectors present. Staff presented the
item and informed the Board that the item needed to be deferred to the March 29,
2010 Agenda. There was no further discussion. The item was placed on
the consent agenda and deferred to the March 29, 2010 meeting by a vote of
5 ayes, 0 noes and 0 absent.
J
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FEBRUARY 22, 2010
ITEM NO.: 3
File No.: Z-8521
Owner: Brian and Caren Norris
Applicant: Caren Norris
Address: 2112 Country Club Lane
Description: Lot 5 and part of Lot 4, Block 3, Country Club Heights Addition
Zoned: R-2
Variance Requested: Variances are requested from the area provisions of Section 36-
254 to allow a new residence with reduced side and rear setbacks.
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. Staff Analysis:
The R-2 zoned property at 2112 Country Club Lane is currently occupied by
a one-story brick and frame single family residence which is in the process
of being removed from the site. There is a driveway from Country Club
Lane at the southeast corner of the lot. The property slopes downward from
side to side (north to south) and front to back. There is a 10 foot wide
platted alley along the rear (west) property line.
The applicant is proposing to construct a new two-story residence on the
site, as noted on the attached site plan. The residence will be located
approximately 35 feet back from the front (east) property line, which will
align with the front setbacks of the other residences within this block fronting
Country Club Lane. A 5.5 foot setback is proposed from the north side
property line. The front and north side setbacks are approximately the
same as the residence which is being removed from the site. A driveway
FEBRUARY 22, 2010
ITEM NO.: 3 (Con't.)
will be located on the south side of the residence, leading to a carport on the
west (rear) side of the residence. The carport will be constructed with a
room above. This portion of the residence will be located 12 feet back from
the rear (west) property line. The main portion of the residence will be
located 32 feet back from the rear (west) property line. The carport portion
of the residence will be 20 feet by 27 feet in area. It will be unenclosed on
its north, south and west sides (carport level). Additionally, the residence
will be setback 13 feet from the south side property line to accommodate the
driveway.
Section 36-254(d)(2) of the City's Zoning Ordinance requires a minimum
side setback of 7.5 feet for this R-2 zoned lot. Section 36-254(d)(3) requires
a minimum rear setback of 25 feet. Therefore, the applicant is requesting
variances to allow the residence with a 5.5 foot side (north) setback and a
12 foot rear setback for the carport portion of the structure.
Staff is supportive of the requested variances. Staff views the request as
reasonable. The applicant is locating the residence 35 feet back from the
front property line in order to align with the front setbacks of the homes to
the north and south. The ordinance requires only a 25 foot front setback. If
the applicant pulled the residence up to the 25 foot minimum front setback,
the rear setback would be less of an issue, as staff could possibly address it
administratively. Also, as noted previously, the carport level of the structure
will be unenclosed. This will help lessen any impact on adjacent lots.
Additionally, there is a 10 foot platted alley along the rear (west) property
line. With respect to the side setback variance, the proposed 5.5 foot side
(north) setback is the same side setback as the residence which was
removed from the site. Five (5) foot side setbacks are typical throughout the
Heights neighborhood area. The overall massing of the residence on this
lot is not out of character with the area, and is essentially the same massing
as a residence located at the 25 foot front setback on this lot could have by
right. Staff believes the proposed residence with reduced side and rear
setbacks will have no adverse impact on the adjacent properties or the
general area.
C. Staff Recommendation:
Staff recommends approval of the requested side and rear setback variances,
subject to the carport portion of the overall structure being unenclosed on its north,
south and west sides.
FEBRUARY 22, 2010 (
ITEM NO.: 3 (Con't.)
BOARD OF ADJUSTMENT: (FEBRUARY 22, 2010)
The applicant was present. There were no objectors present. Staff presented the
item and a recommendation of approval as noted in the "staff recommendation"
above. There was no further discussion. The item was placed on the consent
agenda and approved as recommended by staff. The vote was 5 ayes, 0 noes and
0 absent.
Brian Slake Norris & Caress Rebecca Norris
2112 Country Club Lane - Little Rock, AR • Tel • 501-951-5400 or 501-912-1900
January 20, 2010
Monte Moore
Zoning and Enforcement Administrator
City of Little Rock Planning & Development
723 West Markham Street, 1St Floor
Little Rock, AR 72201
Dear Mr. Moore:
The R-2 zoned property at 2112 Country Club Lane is occupied by a two-story
brick and frame single family residence. The rear (west) portion of the residence
is two-story in height. There is a one -car wide driveway from Country Club Lane
to an alley that is accessible from Country Club Blvd. The residence is currently
43 feet back from the front (east) property line.
The applicant is proposing to raise the residence and construct a new two-story
addition with a basement in its place, as noted on the attached site plan.
The new residence will be approximately the same front and side setbacks as the
current residence; however, we are requesting approval of a reduced rear
setback from the 10 foot alley in order to conform to the other residences on
Country Club Lane.
Sincerely, /1
Brian Blake & Caren Rebecca Norris
norrisl2@comcast.net • bbnorris@comcast.net
FEBRUARY 22, 2010
ITEM NO.: 4
File No.: Z-8522
Owner: Mary Alice and John Dickens
Applicant: Justin Stewart
Address: 4907 Hawthorne Road
Description: Lot 2, Block 14, Newton's Addition
Zoned: R-2
Variance Requested: A variance is requested from the area provisions of Section 36-156
to allow construction of an accessory building with increased rear yard coverage.
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
0
Staff Analysis:
No Comments.
Staff Analysis:
The R-2 zoned property at 4907 Hawthorne Road is occupied by a single
family residence, which is in the process of being constructed. Foundation
work is currently being done on the new home construction. A driveway
from Hawthorne Road at the northeast corner of the lot will serve as access.
A home which existed on the site for a number of years was recently
removed. The single family lot has a slight slope downward from front to
back.
The applicant is proposing to construct a 19.17 foot by 36 foot accessory
building within the rear yard area, as noted on the attached site plan. The
accessory structure will be located three (3) feet from the rear (south) and
east side property lines, and nine (9) feet from the principal residential
structure. The east portion of the accessory structure (approximately
FEBRUARY 22, 2010 (
ITEM NO.: 4 (Con't.)
234 square feet) will be enclosed storage, with the west portion
(approximately 455 square feet) being a covered/unenclosed patio area.
The structure will occupy approximately 48 percent of the required rear yard
area (rear 25 feet of the lot).
Section 36-156(a)(2)c. of the City's Zoning Ordinance allows an accessory
structure to cover a maximum of 30 percent of the required rear yard area of
a single family lot. Therefore, the applicant is requesting a variance to allow
the proposed accessory structure with a 48 percent rear yard coverage.
Staff does not support the requested rear yard coverage variance. Although
a portion of the structure is unenclosed, staff feels the overall structure
occupies too much of the rear yard area of this single family lot. The
principal structure/residence occupies 84 feet of the 140 foot overall depth
of this lot, leaving approximately 31 feet of rear yard area total. The
proposed accessory structure occupies almost 40 percent of the entire rear
yard area. Staff could support a variance to allow an accessory structure
covering approximately 40 percent of the required rear yard area (rear 25
feet of the lot). This would require cutting off approximately six (6) feet of
the accessory structure's 36 foot overall length. This size structure would
be more compatible with other accessory structures in the area.
Additionally, this would be the same coverage (40 percent) as allowed in the
Hillcrest Design Overlay District to the south, a neighborhood area with
similar lot sizes to the Heights neighborhood.
C. Staff Recommendation:
Staff recommends denial of the requested rear coverage variance, as filed.
BOARD OF ADJUSTMENT: (FEBRUARY 22, 2010)
Staff informed the Board that the applicant submitted a letter requesting the
application be withdrawn. Staff supported the withdrawal request. There was no
further discussion. The item was placed on the Consent Agenda and withdrawn by a
vote of 5 ayes, 0 nays and 0 absent.
J Stewart Development LLC
5814 S Country Club Blvd
Little Rock, AR 72207-4304
January 22, 2010
Board of Adjustment
City of Little Rock, Arkansas
RE: Application of Adjustment for 4907 Hawthorne Road
Dear Sirs:
Mary Alice and John Dickens are the title owners at 4907 Hawthorne Road and are
building a house. They respectfully request that they be allowed to enlarge their one-
story, low -slope roofed accessory building by 261 square feet to accommodate their
outdoor furniture and yard tools.
Two thirds of the structure will be an open air, roofed pavilion, while the other third
will be enclosed for storage. The height of the structure is minimum with 8 foot stone
columns and 4 over 12 pitched and hipped roof.
The three foot building setback will be maintained and all existing trees will be
preserved.
Sincerely,
i
i
Justin Stewart
February 3, 2010
Beth Leake
4820 Country Club Blvd.
Little Rock, AR 72207
501-545-0773
Board of Adjustments
723 West Markham
Little Rock, AR 72201
RE: 4907 Hawthorne
I am the owner of 4820 Country Club Blvd and would like to state my opposition over the proposed
building variance at 4907 Hawthorne Rd. I have talked with the building inspector and have been to
zoning to inquire and voice my concerns over the rain water run off created by over built properties
surrounding me. The houses that were built northeast and east of me that have a high ratio of concrete
to ground have left rain water no where to go but my property and an additional high ratio concrete
footprint behind me compromises my property further.
My termite contract with Anchor Pest which has been in place since 1989 informed me that all the new
construction around me was diverting water under my house and was creating moisture problems. In
order to keep my contract with them I had to hire a contractor to come and install moisture barriers..
The house east of me can't even maintain their property on its west side without using my property for
equipment. Their cable line is located on top of the ground on my property because all they have is concrete.
Please take my concerns under consideration. The additional 287 sq. ft. variance seems minor compared to
the overall scope of this footprint but it is at least 287 sq ft of space that rain water can go. It is my
understanding that there will be a Board of Adjustments hearing on February 22, 2010 that will allow me
to restate my objections.
Thank u for your time,
Beth Leake
7FEREC-EIVED
B 1.1 2010
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February 22, 2010
There being no further business before the Board, the meeting was adjourned at 2:05 p.m.
Date: -�
Vice -Chairman