SR-080988-5A
f'02~OOS-
C/ED:PB:LM:lm Santa Monica,
Council Mtg: August 9, 1988
6-A
MJG 9 1988
California
TO: Mayor and City council
FROM: city staff
SUBJECT: Appeal of Planning Commission Approval Conditional Use
Permit 487; A Proposal to Construct a 4 Unit
Condominium at 245 Hollister Avenue. Applicant:
Barbara Coffman and Associates. Appellant: David L.
Ganezer.
INTRODUCTION
This report recommends that the city Council deny the subj ect
appeal and approve Conditional Use Permit (CUP) 487 for a 4 unit
condominium, as recommended in the Planning Commission staff
report and approved by the Planning Commission by a vote of 6-0
on May 4, 1988.
The appellant cites the project's detrimental impact on the
surrounding neighborhood as grounds for the subject appeal
(Attachment A) .
The appellant has requested a continuance to september 13, 1988
in order to have the full Council in attendance. The applicant
has requested that a determination be made on August 9, 1988 as
scheduled.
The City Council must determine whether or not to
allow a further continuance.
BACKGROUND
On July 12, 1988 the subject proposal was brought before the City
council.
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It was determined that the application for a
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Conditional Use Permit was incomplete in that lighting and
landscaping plans were not submi tted wi th the original
application. The City Council opened the public hearing, took
public testimony, and continued the hearing to August 9, 1988,
requiring that landscape and lighting plans be submitted for
their review.
In addition, it was found that the appeal period for the
tentative tract map had lapsed prior to submittal of the subject
appeal. The City Council's scope of review is, therefore,
1 imi ted to the Conditional Use Permit. Upholding the subj ect
appeal, and denying the Conditional Use Permit, will prevent
development of the proposed 4 unit condominium regardless of the
fact that the tentative tract map was approved by an order of
law.
The applicant has submitted lighting and landscape plans in
conformance with the Municipal Code requirements for submittal of
a Conditional Use Permit application.
Prior Planning Commission Action
On November 2, 1987 the Planning Commission continued the
applicant's request to construct a 3 story, 4 unit condominium at
245 Hollister Avenue. In continuing the hearing on the proposal,
the Planning Commission directed the applicant to meet with
adj acent neighbors and incorporate their concerns into revised
plans. The Planning Commission also directed the applicant to
reduce the height of the building to 2 stories plus a loft,
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provide screening for the roof decks, and address the relocation
of on-site vegetation.
On May 4, 1988, after a public hearing, the Planning Commission
approved revised plans for the development of a 3 story, 4 unit
condominium. The applicant had met with neighbors in an attempt
to address their concerns. The overall height of the building
was reduced from 351 to 271 and the roof decks were set back from
the perimeter of the building and screened with a 42" high
parapet wall. In addition, the appl icant agreed to maintain
significant on-site vegetation, and a condition to that effect,
Special Condition #2, has been placed on the project.
A more detailed project description may be found in the Planning
Commission staff report dated May 4, 1988 (Attachment B). The
Planning Commission statement of Official Action is included as
Attachment C of this report.
ANALYSIS
The proposal to construct a 3 story, 4 unit condominium at 245
Hollister Avenue is not subject to the Ocean Park Interim Zoning
Ordinance adopted by the city Council on August 11, 1987. The
application for the subject proposal was deemed complete prior to
the July 28, 1987 cutoff date imposed under the interim
ordinance, and the project may, therefore, be developed to the R3
zoning standards.
The structure, as originally designed, was 3 storiesj35' in
height, with stairway enclosures providing access to the roof
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decks extending an additional 9' above the roof line. (stairway
enclosures are permitted above the maximum height limit per SMMC
section 9126B.) The applicant has reduced the building's overall
height from 3 storiesj35' to 3 storiesj27' as measured at the
average natural grade. The maximum height limit under the R3
zoning standards is 3 storiesj40', and the maximum height limit
under the Ocean Park Interim Zoning Ordinance is 2 storiesj27'.
Although the building exceeds the maximum number of stories
permitted under the Ocean Park Interim zoning Ordinance, the
building's overall height complies with the maximum height limit
imposed under the interim ordinance.
Under the R3 zoning requirements, a total of 4 units, or 1 unit
per 1,250 square feet of lot area, are permitted on the 4,490
square foot lot in question. Under the Ocean Park Interim Zoning
Ordinance, a total of 3 units, or 1 unit per 1,500 square feet of
lot area, are permitted on the subject lot. At 4 units, the
subject proposal is at the maximum density permitted under the R3
zoning standards.
The subject proposal meets all applicable R3 zoning requirements
pertaining to building height, density and setback. The plans
approved by the Planning Commission on May 4, 1988 reflect the
applicant's attempt to reduce the size and scale of the building
and address neighborhood concerns over the impact of the building
on adjacent residences. In addition, the roof decks have been
set back from the perimeter of the building so as to minimize any
impact to adjacent residents privacy, and the applicant has
agreed to maintain significant on-site vegetation. Also, the
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applicant has provided side yard setbacks greater than the
minimum 41 required, and the building elevations along the side
property lines are articulated and stepped back at the upper
floors so as to minimize the impact of the proposed structure on
adjacent residents.
The landscape, irrigation, and lighting plans submitted for the
council's review are the same plans that will be submitted for
review and approval by the Architectural Review Board. The plans
contain plant sizes and species, and building elevations with
landscape materials shown after 2 years of growth. In addition,
a landscape plan for the roof deck has been included. The roof
top planting will aid in buffering the roof decks from adjacent
residences.
The applicant has also submitted a detailed lighting plan for
review by the Council. The location and type of all on-site
lighting is called out on sheet L-4 of the project plans.
The proposed lighting, landscaping, and irrigation plans meet
planning requirements and should be forwarded to the
Architectural Review Board for their review.
BUDGET/FINANCIAL IMPACT
The recommendation presented in this report does not have any
budget or fiscal impact.
CONSIDERATION
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In acting on this item, the City Council may deny the appeal and
approve the Conditional Use Permit with the findings and
conditions contained in the May 4, 1988 Planning commission
statement of Official Action; may uphold the appeal by denying
the Conditional Use Permit; or otherwise act to approve,
conditionally approve,
or deny the proj ect as it deems
appropriate.
RECOMMENDATION
1) It is respectfully recommended that the city Council
continue this proj ect to the September 13, 1988 Council
meeting, as requested by the appellant.
2) Should the Council decide to hear the appeal on August 9,
1988, it is also respectfuly recommended that the Council
deny the appeal and approve Conditional Use Permit 487
with the findings and conditions contained in the May 4,
1988 statement of Official Action.
Prepared by: Larry Miner, Assistant Planner
Paul Berlant, Director of Planning
Planning Division
Community and Economic Development Department
Attachments: A. Letter of Appeal by David L. Ganezer.
B. May 4, 1988 Planning Commission staff Report.
C. May 4, 1988 Planning Commission statement of
Official Action.
D. Project Plans.
PB:LM:lm
PC/CUP487CC
07/26/88
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TO Mr PelUl Berlont, Dlrector of Planning
Cl ty Planmng 011/1$10n
1685 MalO Street
Santa MOntea, 90401
Deaf Mr BerJent'
On behalf of the owners end tenants at 2328 Thlrd Street, I hereby 8ppeol
the 245 Holl1ster Project to the Clty Counc11 on the grounds that 1t 1S not
In the best mterest of the ne1ghborhood
If ony necessary 1tem 1S m1ssmg from th1S appeol, please notlfy me at
2328 Thlrd Street #8
Santa Momca, CA 90405
(213) 396-6485
(;f);r~L ,~J>1~
Davl d L Gemezer ./'
Att~+t~tJ1'" B>
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CITY P~{NING DIVISION
Comnunity ar.d Economic Develop~ent Depart~ent
flEHORANDUM
DATE: May 4, 1988
TO: The Honorable Planning Commission
FROM: Planning staff
SUBJECT: CUP 487, TPM 19007
Address:
Applicant:
245 Hollister Avenue
Barbara Coffman and Associates
StJm.'f.A.~Y
Action:
Application for Conditional Use Permit and Tentative
Parcel Map to construct a four unit condomin~urn.
Reco~endation: Approval.
SITE LOCATION &~D DESCRIPTION
The subject property is a 4,g40~quare foot parcel located on the
north side of Hollister Avenue oetween 2nd and 3rd St~eecs, with
a frontage of 38 feet. Surrounding uses consist of multi-unlt
apartments to the north, south and east (R3) and a sir.gle-family
residence to the west (R3).
Zoning District :'. R3
Land Use District~
Medium Density. Housing
Parcel Area:
4,940 Square Feet
PROPOSED PROJECT
This is an application to construct a 3 story 4 unit condominium. ~
All units have similar floor plans consisting of 3 bedrooms and 2
bathrooms. Access to the units will be from individual exterior
stairways leading from a ground level walkway, located along the
building's western elevation, to the second floor. Exterior
stairways leading from the third floor living rooms in each unit
will provide access to the roof decks. The roof decks are set
back from the perimeter of the building so as to minimize any
impact to the adjacent resident's privacy. Balconies are
proposed to extend from t)le second and third floors along the
western elevation of the structure, and from the second floor
along the buildings southern elevation.
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A total of 8 subterranean parking spaces are provided with access
taken off of Hollister Avenue.
The applicant has filed a "Declaration for per:nanent Si::.gle
Family Home Exemption" with the Rent Control Board in order to
remove the single family residence existing on the subJect site.
MUNICIPAL CODE AND GENERAL PLAN CONFORMANCE
The proposed proJect is consistent w~th the Municipal Code and in
conformity with the General Plan as shown in Attachment A.
CEQA STATUS
The proposed project is categorically Exempt per City of Santa
Monica Guidelines for the Implementation of CEQA; Class 3(2).
FEES
The proposed 4 unit condominium is subject to a Park and
Recreation Tax of $200.00 per unit, and a Condomin~um Fac1lities
Tax of $l,OOO.OO per saleable unit.
BACKGROUND
On November 2, 1987 the subject proposal was brought before the
Planning Corrnussion. The proposal was cont~nued at that time,
and the app11cant directed to redesign the struct:ure based on
input from adjacent -neighbors. The Planning COmID1SS10n also
directed the~applicant to addr~ss bU11ding height concerns, roof
deck sc~eening, and the relocatlon ~~ o~-site vege~aClon.
The proposal is not subject to the Ocean Park Interlrn Zcnlng
Ordinance as adopted by City Council on August 11, 1987, and lS
therefore subject to the standard R3 zoning requirements.
.
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ANALYSIS
The applicant has addressed the t~"o maj or issues the Planning
Commission raised at the November 2, 1987 meeting. ~ The anolicant
has met with adjacent neighbors, the height of the building has
been substantially reduced, and the roof decks have been pushed
back from the perimeter of the building.
The subject proposal meets all R3 Plannlng ~nd Zoning
requirements concern1ng height, lot coverage, setback and
density. The proposed structure will be 27' in height as
measured from an average natural grade of 47.52' to the top of
the roof. A parapet wall extends approximately 42" above the
roof. This proposal conforms to the maX1mum height limits imposed
under the Interim Ordinance. The previous proposal was 35' in
height with stairway enclosures extending an additional 9' above
the roof. The proposal is,at the maximum density of 4 units and
will provide a minimum of 41 side yards, a 10' front yard and 15'
rear yard.
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The average natural grade as indicated on t1;e plans is 47.52',
and the finished first floor elevation ~s the same. T~e
subterranean garage, therefore, does not constitute a story.
The parking plan has been approved by the Parking and Traffic
Division, and the City Engineer has approved the tentative parcel
map.
CONCLUSION
The proposed proj ect is consistent with all applicable
regulations and, therefore, merits approval as conditioned below.
RECOMMENDATION
It is respectfully recommended that CUP 487 and TPM 19007 be
approved with the following findings and conditions:
CONDITIONAL USE PEm1IT FINDINGS
1. The proposed use and location are in accordance with good
zoning practice, in the public interest and necessary that
substantial justice be done and is compat~ble with
existing and potential uses within the general area,
traffic or parking congestion will not result, the publ~c
health, Safety and general welfare are protected and no
harm to adjacent propert~es will result.
TENTATIVE PARCEL ?1AP FINDINGS ~
1. The proposed subdiv~sion, t0gether with its prov~sion for
its design and improvemen~s, is consistent w~th appllcaole
general and specific plans as adopted by the C~ty of San~a
l1onica.
2. The site is physica~ly suitable far the proposed type-oL_
development in that the project is an in-fill of urban
land adequately served by existing infrastruc~ure and
having no significant physical site char-acteristics pre-
cluding the proposed development.
3. The design of the subdivision or the proposed improvements
will not cause substantial environmental damage or sub- ~,'
stantially and avoidably injure fish or wildli~e or their
habitat. -
4. The design of the SUbdivision or the type of inprovement
will not cause serious public health problems.
5. The design of the subdivision or the type of improvements
will not conflict with easements, acquired by the publ~c
at large, for acce~ through, or use of, property within
the proposed subdivision.
6. The design of the subdivision does not preclude future
passive or natural heating or cooling opportunities.
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TENTATIVE PARCEL }~P CONDITIO~S
1. All off site improve!':'lents required by the City Engineer
shall be installed. Plans and specificat~ons for off s1te
improvements shall be prepared by a registered CiVll en-
gineer and approved by the City Engineer.
2. Before the City Engineer may approve the final map, a sub-
division improvement agreement for all off site improve-
ments required by the City Engineer shall be prepared and
a performance bond posted through the City Attorney's
office.
3. The tentative map shall expire 24 months after approval,
except as provided in the provisions of California Govern-
ment Code section 66452.6 and Sections 9380-9382 of the
Santa Monica Municipal Code. During this time period the
final map shall be presented to the City of Santa Monica
for approval.
4. The developer shall provide the Englneering Department of
the City of Santa Monlca wlth one Dizal Cloth prlnt
reproductlon and microfil~ of each sheet of the flnal map
after recordation.
5. Prior to:approval of the final map, Condominium ASSOCla-
tion By-Laws (if applicable) and a Declaratlon of CC & R's
shall be reviewed and approved by the C1ty Attorney. The
CC & Rls shall contain ~ondiscrimination clause as pres-
ented in Section 9392 (SllliC) and in the case of condoDlnl-
ums, contain such provisions as are requlred by Sectlon
9122E (SHNC).
6. The developer shall provide for payment of a condom1nium
Tax of $1~000 per saleable residential unit per the provi-
sions of Section 6651 et seq. of the Santa_ Monlca_
Municipal Code.
7. The form, contents, accompanying data, a~d .fillng of the
final subdivision map shall conforTI to the provisions of
Sections 9330 through 9338 (SI1MC) and the Subdlvision Map
Act. The required Final Map filing fee shall be paid
prior to scheduling of the Final Map for City Council -~.
approval.
8. The final map shall be recorded with the Los Angeles Coun-
ty Recorder prior to issuance of any building permit for a
condominium proj ect pursuant to Government Code Section
66499.30.
9. A Park and Recreation Facilities Tax of $200.00 per
residential unit shpll be due and payable at the time of
issuance of a building permit for the construction or
placement of the residential unit(s) on the subject lot,
per and subject to the provisions of Section 6670 et seq.
of the Santa Monica Municipal Code.
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STANDARD CONDITIONS
1. The Conditional Use Pe~it shall be of no further force or
effect if Tentat~ve Parcel Map 19007 exp~res prior to ap-
proval of a Final Map for said tract.
2. Plans for final design, 1andscapinq, screening, trash en-
closures, and signage shall be subject to review and ap-
proval by the Architectural Review Board.
3. Minor amendments to the plans shall be subject to approval
by the Director of Planning. A significant change in the
approved concept shall be subject to Planning Commission
Review. Construction shall be in substantial conformance
with the plans submitted or as modified by the Planning
Commission, Architectural Review Board or Director of
P1anninq.
4. The applicant shall comply with all legal requirements
regarding provisions for the disabled, including those set
forth in the California Administrat~ve Code, Title 24,
Part 2.
5. Final park~ng lot layout and specifications shall be sub-
ject to the review and approval of the Parking and Traffic
Eng ineer. ::
6.
Refuse areas,
be screened
Refuse areas
need.
storage areas and mechanical equipment shall
in accordance with Sec. 9127J.2-4 (Si-IHC).
shall be of a,!equate size to meet: on-s~te
7.
No noise generating cO::lpressors
shall be placed adjacent to
buildings~
or other such equipment
neighbor~ng res~dential
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Project design shall comply ~ith the build~ng energy reg-
ulations set forth in the California Admlnist:rative Code,
Title 24, Part 2, (Energy Conservation Sta~dards for New
Residential Buildings), such conformance to be verified by
the Building and Safety Div~sion prior to issuance of a
Building Permit.
9. Natural light shall be provided in at least one bathroo~
in each dwelling unit.
8.
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10. street trees shall be maintained, relocated or provided as
required in a manner consistent with the City'S Tree Code
(Ord. 1242 CCS), per the specifications of the Department
of Recreation and Parks and the Department of General Ser-
vices. No street tree shall be removed without the ap"
proval of the Department of Recreation and Parks.
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>11. street and/or alley lighting shall be provided on public
rights-of-way adjacent to the project if and as needed ner
the speclfications and with the approval of the Depar~~en~
of General Services.
12. Any outdoor lighting shall be shielded and/or directed
away from adj acent residential properties I W~ th any such
lighting not to exceed 0.5 foot candles of illuml.nation
beyond the perimeter of the subject property.
13. This determination shall not become effective for a period
of twenty days from the date of determination or, if ap-
pealed, until a final determination is made on the appeal.
14. The riqhts granted herein shall be effective only when
exercised within a period of one year from the effective
date of approval. Upon written request of the applicant,
the Director of Plannl.ng may extend this period up to an
additional 6 months.
15. Low flow toilets (1 1/2 gallons per flush) shall be used
in all water closets.
Prepared by: Larry Miner, Assistant Planner
ill:nh ~
CUP487A
04/27/88
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AT'I'ACEHENT A
MUNICIPAL CODE AND GENERAL PLAN CONFORHANCE
Category
Permitted Use
Height
Setbacks
Front yard
Sideyard
Rearyard
Parking
Municipal Code
1 unit/gOO
sq. ft. of
lot area ...
5.48 diu.
lot-on
4'-0"
15t-O"
8 Parking
Spaces
Required
Lot Coverage. 50%
Land Use
Element:
1 Unit/1250
sq. ft. of
lot area ...
3.93 diu.
3 Stories/40'
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ProJect
1 unJ.t/1250
sq. ft. of
lot area ...
3.93 (4) diu.
3 Stories/27t
10'-0"
4'-0" Welev.
5'-6n E elev.
15'-0"
8 Parking Spaces
ProvJ.ded
50%
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LEGAL DESCRIPTION
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CASE NO.
STREET ADDRESS,
ZONE
APPLICANT
1:>l'L,Vl ~
DATE
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n..,nfll<: MAD ~nJ1
PUBLIC
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..,~::H. I:-:~=R[= =:J :;2IGliEORS CO:~C:::?":;:(1G
PLA~S TO DEVELSP 245 HOLLISTER AVEN~E
1987
November 2 - Plannlng CO~~lsSlon meetlng. Comisslon advlsed us that
we should meet and discuss our flans wlth interested nei-
ghbors to effec~ a compromlse.
Nove~ber 4 - Telephone conversation with Max Ganezer. owner of the ap-
artment next door. He gave no lnput but dlG exprss inter-
est in buying 243 Hollister.
November 19- Letter to Max Ganezer confirming the phone conversation of
Nov. 4 ane requesting his assistance In arranging a meetin~
wlth the resloen:s of hls bUlldlng.
November 20- Telenhone co~ve~sat~on wlth Davld Ganeze~, one of the res-
lde~ts. OU~ ~~sh for a dl~ecc ~eet~~g was discussed.
Decem~e~ 12- Dl~ec: ~ee:~n3 wlth Dav~d and Elllo~ Ga~eze~. No discus-
Slon of spec~=lcs, o~ly to scale the ?~oJecc smaller.
-
Decem~e~ 18- Fl~st ~al:l~g o~ post cards to eve~y un~t, asklng chern to
to call baCK ~o arrange a mutually conven~ent tl~e to
~ee: a~d discuss. No response.
~r
1983
Janua~y
~1 -
of ?OS ~ cards, O:le :::-es?o:1se. ~leecl.::g
9. Thac meec~::g ~2S ca~~elleG due ~o
tloe
Secor.~ :r.alll.:1g
ranged for FeQ
-,
conI_lcts.
a:--
January 22 - Lec~eT =ron~t~e ~es~de~c? 0= tr.e a?a:::-~~ent (Cdpy at~ached)
- February 17- Thirc ~a~ll.ng 0= post cards, suggesti~g a meet~~g ?eb. 22.
Our post card crossed In the IT.a~l a let~e~ f~on the lnhab-
itants of 2328 3rd St. sugges~~~g a ~eetl:lg ~arch 1. (Copy'
February 22- Meeti~g. None of the nelghbors appeared. Ralph Mec~u~ of
the Planning CO~~isslon was p~esent
March 1
- Meeting w~t~ el.ght af the Tesidents plus Max Ganeze~. The~
acknowledged our efforts to com?rO~l.se but ~nfor~ed ~s the;
wanted an even smaller project: no higher than 27 feet, pu~
the buildlng farther inca the reaT yard and p~ovide on-
grade parklng. No more than three units.
.
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Dear
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Ci fr ~F SA ~'T h. MON!C!
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mea
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c~ a ~~ree ~~C~~, ~:~~ ~~tt cc~cc~inl~~ et 245 ~olli8ter AVe. ~~ Ssr:?
~cn~cp. i2 aD ~r.a~Drc~:a~e c~~~~~~ction
1~ ....'......~c:
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~~~ed!ate ~~l[~bc~~c~d.
As an eleve~ year ~e?ide~t-Y'er:er at t~e above address _ 88 well as ct~e~
local reside:-~s ~ave ~~t81ed ~i~~ lncre8sinf corcer~ t~e rQ~1d devel~~~e~t
and eve~ over-develo~ment
cf :~~ nercels in CC~SYl pp.r~.
I '~C;€ t1'ie PlaY1"'i"'1E: Di--:Ti~icn
Recon s ,Jel!
"111 -reln:'L~--:8r its -'reW~_C~8 o:;'..........rC'J"ol
of
, ~
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., Y' r1
G.......u
~ci~ wlt~ r~ Ga~e7er 3~d c~~er ~ccel re~~de~ts
Ccncerned w!t~ t~e :r?~f!cJ ~c~u1at1on, and b~11dl~€ de~~~~y ex~losic~ :~3~
our nei~h~cr~ccd ~as 9us:ained ~~ rece~t yesrs a~d rec~i~e a scc1ed-~c~~
ccns:rUC~0~ ~ro:ect at ~L5 ~ol:!s~er.
Ae
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e.tte~'.ld.
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t- "Or ":o-nery~~'Q >r~-'e-~en""c: ",r.'" t~~ct:> 11'r", ~~ ,-'~,,,
vl.,.... _Go..,I Lc::.... '-" ..... ::....l ,..J......... ..........I....A. -..J............. t_ ......~~......
are ::~ .ce~err~l
8f-::-ee er::
wit:' ''1is v::'..e....s ard c'liniC'ns CCYl.:;eY'Yl:.Y'c :1"13 c::;:"1str~;ctic.'.
rh~~~ V~~ ~cr v:ur ~:-e
I re:'a~:'
Sincerely T"PC1:~C
J A!v~S J. C' =.C:~~-~E LL
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