2000-03-15 Regular Meeting
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
REGULAR MEETING-MARCH 15,2000
MINUTES
I. CALL TO ORDER
The regular meeting of the Planning and Zoning Commission was called to order at 7:30
p.m. by CHAIR SELIG on March 15,2000 in the Borough Assembly Chambers.
II. ROLL CALL
Commissioners Present
Others Present
Linda Freed, Director
Community Development Dept.
Bob Scholze, Associate Planner
Community Development Dept.
Jennifer Smith, Secretary
Community Development Dept.
Donna Bell
Bob Himes
Robert Lindsey
Walter Stewart
Clarence Selig, Chair
Commissioners Not Present
Greg Razo- Excused
One Vacant Seat
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A quorum was established.
MAY 2 4 2000
III. APPROVAL OF AGENDA
Approval ofthe agenda was not made.
IV. MINUTES OF PREVIOUS MEETING
COMMISSIONER BELL MOVED TO ACCEPT the minutes of the February 16, 2000
Planning and Zoning Commission regular meeting, as presented. The motion was
SECONDED by COMMISSIONER STEWART, and CARRIED by unanimous voice
vote.
V. AUDIENCE COMMENTS AND APPEARANCE REQUESTS
Chair Selig informed the commission of the duties and task of the commission and of the
public regarding public appearance requests. Chair Selig requested that any testimony
being given is limit to 5 minutes only per speaker.
P & Z Minutes: March 15, 2000
Page 1 of 13
A) Global Seafoods Kodiak, LLC Parking Plan Presentation
BOB SCHOLZE reported that at last week's packet review the applicant was
present to outline the scheduling and plans of the development and expansion of
the Global Seafoods plant, and during that time applicant presented a parking plan
requesting only nine (9) parking spaces be considered. Applicant submitted a
letter of reconsideration of the determination of parking spaces in which staff
determined required fourteen (14) parking spaces. Based on that letter, staff
reassessed parking and determined that twelve (12) on-site parking spaces
minimum be required. Staff indicated if parking is not in place by the original
deadline date of April 1 st if parking is not available by deadline date then the only
alternative is that applicant apply for a variance.
Mr. Ensley. Global Seafoods General Manager-Presenter: Mr. Ensley indicated
the aerial photo depicts the current status of the plant. Mr. Ensley had contentions
with the required six parking spaces needed in the building footprints. He further
stated that the mezzanine project is on hold but does not understand why the
additional parking is needed. Mr. Ensley further indicated that he had a
contingency plan with another processing plant to accept his parking overflow,
and in addition a request was submitted to purchase a bus to transport the plant
employees but approval was not yet given for bus purchase.
Linda Freed indicated that staff is willing to discuss deficiencies with Mr. Ensley
and make a final recommendation for required parking. Staff further reported that
Mr. Ensley has two options if he still disagrees with staffs recommendation and
that is to 1) apply for a variance for public hearing or 2) appeal the parking
determination.
Chair Selig asked Mr. Ensley status of abatement project for building. Mr. Ensley
indicated that they are ahead of schedule. Mr. Ensley believes he will have to ask
for an extension to complete the destruction of barge to accommodate the parking
spaces, but feels it would be completed by March 18, 2000.
John Burnett: Mr. Burnett expressed concerns about the rezoning of Perez Estates.
It has convoluted his original request of having only Lot 11, which he is in
process of purchasing, be accessed from Wilton White Way and not from Sharatin
Road. He requested the commission to reconsider to rescind the previous decision
from last month's meeting. Chair Selig indicated that item will be addressed
under Old Business on tonight's agenda.
Mr. Walter Johnson-Concerned citizen: Mr. Johnson expressed concern in regards
to public safety and health with Global Seafoods parking plan. Staff responded
that the City police control traffic safety aspects and ADEC controls health issues
and that the Borough does not regulate either the traffic safety or health issues.
P & Z Minutes: March 15, 2000
Page 2 of 13
Chris Burns-neighbor resident: Mr. Burns expressed that he has felt the major
brunt of the parking issues and that the neighborhood has been impacted by the
parking problems stemming from Global Seafoods, but felt that Global Seafoods
will be taking care of the issue in the near future.
Anne Kalsic-Fuller's Boatyard Owner and several other properties in area: Ms.
Kalsic asked that any future plans Mr. Ensley submits be drawn to scale. Ms.
Kalsic explained that space G-4 indicated on plan would be directly on top of a
fuel tank, and vans indicated on aerial photo from 1985 shows that vans are
positioned into the city street. Ms. Kalsic expressed parking problems with
Global Seafoods would have to be addressed before June.
VI. PUBLIC HEARINGS
A) Case SOO-003. Request for preliminary approval of the subdivision of Lot 3,
Alagnak Acres, creating Lots 3A through 3E, Alagnak Acres, and Commission
approval of proposed screening, according to KIBC Section 17.21.050.C
Screening, between Lot 3 and Lot 4, Alagnak Acres. Island Lake Road.
BOB SCHOLZE indicated forty-two (42) public hearing notices were mailed for
this case with two being returned expressing no objection to the request. Staff
further indicated an additional plat copy was given showing 33' wide utility
easement on the south side of property by Cove Drive. Staff recommends
approval of request subject to two (2) conditions of approval.
COMMISSIONER STEWART MOVED TO GRANT preliminary approval of
the subdivision of Lot 3, Alagnak Acres, creating Lots 3A through 3E, Alagnak
Acres, subject to the conditions of approval contained in the staff report dated
February 21, 2000, and to adopt the findings in that staff report as "Findings of
Fact" for this case.
CONDITIONS OF APPROVAL
1. Prior to final plat approval, a drainage plan will be submitted to the KIB
Engineering/Facilities Department for review and approval.
2. Create a ten (10) foot wide utility easement along the front and rear lot
lines of Lots 3B, 3C, 3D, and 3E, as indicated on the preliminary plat
received back from PTI on March 1, 2000, and redesignate the ten (10)
foot wide electrical easement along the lot line common to proposed Lots
3C and 3D as a utility easement, as requested by PTI.
P & Z Minutes: March 15,2000 Page 3 of 13
FINDINGS OF FACT
1. This plat meets the minimum standards of survey accuracy and proper
preparation of plats required in Title 16 of the Borough Code.
2. This plat meets all the requirements of Title 17 of the Borough Code.
3. This plat provides a subdivision of land that is consistent with adopted
Borough plans for this area.
The motion was SECONDED by COMMISSIONER HIMES.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed.
Regular session opened:
The question was called and the motion CARRIED by unanimous roll call vote.
B) Case S99-021. Request for preliminary approval of the subdivision of Block 2,
Selief Estates creating Lots 1-22, Block 2, Selief Estates, and the Viekoda Circle
and Tonki Circle right-of-ways. Core area within Beaver Lake Drive, SeliefLane,
and Von Scheele Way.
BOB SCHOLZE indicated fifty-two (52) public hearing notices were mailed for
this case, and with one being returned expressing future drainage impact concerns
into Beaver Lake. Staff noted that an engineered drainage plan, which includes
proposed ditch lines, culverts, and drainage easements would have to be submitted
to the KIB Engineering/Facilities department for review and approval prior to
final plat approval. Staff recommended approval of the request subject to eight
(8) conditions of approval.
COMMISSIONER HIMES MOVED TO GRANT preliminary approval of the
subdivision of Block 2, Selief Estates creating Lots 1-22, Block 2, Selief Estates,
and the Viekoda Circle and Tonki Circle right-of-ways as well as a half cul-de-sac
addition to the Beaver Lake Drive right-of-way, subject to the conditions of
approval contained in the staff report dated February 23, 2000, and to adopt the
findings in that staff report as "Findings of Fact" for this case.
P & Z Minutes: March 15. 2000
Page 4 of 13
CONDITIONS OF APPROVAL
1. Submit to City of Kodiak Public Works Department engineered sewer and
water utility plans for approval prior to installation. Prior to final plan
approval, a letter from the City accepting new sewer and water lines into
the public utility system must be provided to the Community
Development Department. As a part of public utility extension, stub water
and sewer mains into the half cul-de-sac providing access to proposed Lots
18-22, as required by City Public Works.
2. Engineered road and grading plans incorporating the standards for
improvements contained in Chapters 16.70 and 16.80 will be provided to
the Borough Engineering/Facilities Department for review and approval
prior to construction of Viekoda Circle, Tonki Circle, and the half cul-de-
sac addition to Beaver Lake Drive.
3. Prior to final plat approval, provide a engineered drainage plan including
proposed ditch lines, culverts and drainage easements to the
Engineering/Facilities Department for review and approval.
4. Install three (3) fire hydrants: one at the corner of proposed Lots 6 and 7 in
Viekoda Circle, a second at the corner of proposed Lots 13 and 14 in
Tonki Circle, and a third across Beaver Lake Drive from proposed Lot 20,
as indicated by the Fire Marshal.
5. Reduce the width of what is currently described as a "utility and road
maintenance easement" from twenty (20) to ten (10) feet, and redesignated
this easement as a "utility and drainage easement." Consent of the
Assembly as outlined in KIBC 16.60.060 must be obtained for this
vacation of easement prior to final plat approval.
6. Place notes on the final plat stating:
1. "No structures are allowed in the easements shown on this plat."
2. "Lots within Block 2, Selief Estates cannot be further subdivided
to create additional lots."
7. Create utility easements five (5) feet wide on either side of the lot line
common to proposed Lots 1 and 2, and five (5) feet wide on all lots
adjacent to Viekoda Circle, Tonki Circle and the half cul-de-sac providing
access to proposed Lots 18-22.
8. Stop signs and street signs must be installed on Tonki Circle and Viekoda
Circle prior to final approval as required by KIBC 16.80.090. Existing
P & Z Minutes: March 15,2000 Page 5 of 13
dumpster and mailbox pads near the intersection of Beaver Lake Drive and
Selief Lane will be expanded, if necessary, to provide service for this
subdivision.
FINDINGS OF FACT
1. This plat meets the minimum standards of survey accuracy and proper
preparation of plats required in Title 16 of the Borough Code.
2. This plat meets all the requirements of Title 17 of the Borough Code.
3. This plat provides a subdivision of land that is consistent with adopted
Borough plans for this area.
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
Hearing and seeing none.
Public hearing closed:
Regular session opened.
Commissioner Stewart complemented staff on work efforts put into the project.
Chair Selig echoed complement.
The question was called and the motion CARRIED by unanimous roll call vote.
C) Case 00-002. Request for a rezone, in accordance with Section 17.72.030.B.
Manner oflnitiation ofthe Borough Code, of Lots 1-13 and 17-21, Block 2, Perez
Estates Subdivision, from R3-Multi Family Residential to R2- Two Family
Residential. Generally located along Wilton White Way.
BOB SCHOLZE indicated eighty (80) public hearing notices were mailed for this
case, and four were returned expressing support of rezone. Mr. Perez submitted a
letter dated March 6, 2000, opposed to the rezone. Staff recommended that the
Commission forward this rezone request to the Kodiak Island Borough Assembly
with a recommendation for approval.
COMMISSIONER HIMES MOVED TO RECOMMEND that the Kodiak
Island Borough Assembly approve the rezoning of Lots 1-13 and 17-21, Block 2,
Perez Estates Subdivision, from R3-Multi Family Residential to R2-Two Family
P & Z Minutes: March 15, 2000
Page 6 of 13
Residential, and to adopt the "Findings of Fact" in the staff report dated March 3,
2000, in support ofthis recommendation.
FINDINGS OF FACT
17.72.020 A. Findings as to the Need and Justification for a Change or
Amendment.
A rezone from R3 to R2 is needed and justified because the R-2 zoning
district permits development that:
A. Is consistent with the emerging development trend of the area. Ten
(10) of the fourteen (14) lots that have been developed in Perez
Estates Subdivision, encompassing both Perez Way and Wilton
White Way, are single-family residential. Forty-three (43) of the
forty-eight (48) R3 zoned lots that have been developed in what
was originally Kadiak Alaska subdivision on both sides of Sharatin
Drive contain either single- family residences or duplexes,
corresponding to R2 zoning.
B. Is consistent with the Planning and Zoning Commission's intent
which motivated its decision (Case SOO-002) to revise plat notes on
Plat 98-6 changing the required driveway access for Lots 5-12,
Block 2, Perez Estates from Sharatin Road to Wilton White Way.
The principal reason the Commission was willing to allow this
change of driveway access was based on their understanding that it
would be accompanied by a reduction of potential density along
Wilton White Way, as reflected by finding of fact #3 for that
decision. This was to be accomplished by rezone of properties
bordering on Wilton White Way from R3 to R2, addressing
concerns raised about traffic safety and the negative impacts of
increased traffic by the owners of predominantly single-family
homes along Perez Way, the only outlet from Wilton White Way.
C. Is more suitable than R3 zoning to this land considering the
minimum size of the lots combined with the severe topography on
several of them. With driveway access restricted to Wilton White
Way, it would be difficult to provide required parking for multi-
family development on Lots 7, 8, 9 and 10 without excessive site
development costs.
17.72.020 B. Findings as to the Effect a Change or Amendment would have on
the Objectives of the Comprehensive Plan.
P & Z Minutes: March 15, 2000
Page 7 of 13
A change of zoning from R3-Multi Family Residential to the R2- Two
Family Residential zoning district is necessary to avoid conflicts and
potential safety hazards associated with a high traffic count generated in
an established medium density residential area by high-density, multi-
family development. This is in keeping with the objectives of the
Comprehensive Plan and the intent of the Borough Zoning Code stated in
KIBC Section 17.01.030.D. to protect the public health and general
welfare, and in KIBC Section 17.01.030.E. to prevent overcrowding.
The motion was SECONDED by COMMISSIONER STEWART.
Regular session closed.
Public hearing opened:
Dave Weinand-Property owner: Mr. Weinand submitted a petition in support of
the rezone.
Mr. Perez-Property owner: Mr. Perez gave history of zoning on area, and was not
aware of a moratorium placed on his property or water placement. Mr. Perez
expressed that all he wants to do is do right for the neighborhood.
Public hearing closed:
Regular session opened.
Commissioner Lindsey questioned how many signatures on the petition were
actual property owners. Staff indicated eleven (11) property owners signed
petition but not could not be confirmed since petition could not be examined
against records since it was submitted during tonight's meeting. Commission
Lindsey further questioned Mr. Perez his statues on the rezone. Mr. Perez
responded that he was opposed to the rezone.
The question was called and the motion FAILED by unanimous roll call vote.
VII. OLD BUSINESS
A) Case SOO-002. Findings of fact supporting the Planning and Zoning
Commission's decision to revise two (2) plat notes on Plat #98-6, to require
access, front yard setbacks, and addressing on Lots 5-12, Block 2, Perez Estates
Subdivision from Wilton White Way (Deferred from the February 16, 2000
regular meeting). Wilton White Way.
LINDA FREED reported that the commission held a public hearing last month on
this case, staff suggested a recommendation and the commission amended the
recommendation from staff, therefore all Lots 5 through 12, Perez Estates
P & Z Minutes: March 15,2000
Page 8 of 13
Subdivision would require access be from Wilton White Way. At that time the
commission deferred the adoption of "Findings of Fact" which would support the
commission decision from last month. Linda further indicated Mr. Burnett who
initiated the request asked the commission to rescind the action taken from last
month's meeting. Mr. Burnett's bases for the request is from Mr. Perez letter that
was submitted for the rezone case (per attached). Linda clarified options the
commission could take for decision. Further discussion was held. Staff
recommends the commission rescind their decision from last month's meeting.
COMMISSIONER STEWART MOVED TO ADOPT the findings in the staff
reported dated February 25, 2000 as "Findings of Fact" in support of the
Commission's decision on Case SOO-002 to revise plat notes on Plat 98-6.
FINDINGS OF FACT
1. These modifications to the plat notes advance traffic safety since the
revisions provide for fewer vehicle entry points directly onto Sharatin
Road. As a result of intense development over the past few years, Sharatin
Road has become a busy collector road drawing traffic from many
residential neighborhoods in the area. As high-density build-out
continues, traffic along Sharatin Road will increase. As a result, it is
preferable that the identified lots be accessed from Wilton White Way, the
local service road.
2. A condition of approval for subdivision development was that the
developer install fire hydrants on Wilton White Way, due to the lack of
available water service for hydrants along Sharatin Road. The Fire
Marshal confirmed that since the hydrants were available on Wilton White
Way and not along Sharatin Road, access and addressing for E911
response purposes should correspond with the location of the hydrants.
3. If a corresponding rezone of properties on Wilton White Way in Block 2
of Perez Estates (Case 00-002) from R3 to R2, as agreed to at the
February, 2000 Commission meeting by property owners there, will
reduce potential density on Perez Way, which was a particular concern of
those residents.
The motion was SECONDED by COMMISSIONER HIMES.
The question was called and the motion FAILED by roll call vote.
Commissioner Lindsey and Commissioner Selig voted "no".
COMMISSIONER LINDSEY MOVED TO RESCIND the action taken at the
February 16th meeting in regard to Case SOO-002.
P & Z Minutes: March 15,2000
Page 9 of 13
The motion was SECONDED by COMMISSIONER BELL.
The question was called and the motion FAILED by roll call vote.
Commissioner Stewart and Commissioner Himes voted "no".
Chair Selig declared recess at 8:45 p.m.
Called back to order at 8:50 p.m.
COMMISSIONER LINDSEY MOVED TO RECONSIDER the commission's
previous decision on the findings of fact.
The motion was SECONDED by COMMISSIONER BELL.
The questioned was called and the motion CARRIED by unanimous roll call
vote, thereby adopting the "Findings of Fact".
B) Case S99-021. Request for a five (5) year extension (until August 18, 2005) of
preliminary approval of the subdivision of Lot 1, U.S. Survey 5696, creating 124
residential lots. Generally located between the end of Spruce Cape Road and the
end of Woodland Drive.
Staff recommended that the Commission grant the five (5) year extension of
preliminary plat approval for the case subject to eleven (11) revised conditions of
approval.
COMMISSIONER HIMES MOVED TO GRANT a five (5) year extension
(until August 18, 2005) of preliminary plat approval for Case S91-033, and to
confirm the eleven (11) revised conditions of approval, with conditions #3 & #4
being revised to reflect the appropriate review/approval agency (i.e. replace
Borough Engineering/Facilities Department with City of Kodiak Public Works
Department) .
CONDITIONS OF APPROVAL
1. Extend "B" Street to the lot line common with Tract F to provide for
future access to Puffin Drive through Tract F.
2. An engineered drainage plan must be submitted for review and approval
by the Borough Engineering and Facilities Department prior to final
approval of the plat.
3. Sewer system plans must be submitted for review and approval by the City
of Kodiak Public Works Department prior to final approval of the plat.
P & Z Minutes: March 15,2000 Page 10 of 13
4. Water system plans must be submitted for review and approval by the City
of Kodiak Public Works Department prior to final approval of the plat.
5. Any easements proposed or required to satisfy drainage, sewerage or water
design considerations must be reviewed by the Planning and Zoning
Commission if not contained on the original preliminary plat.
6. The subdivider will document the usable building envelope on lots
impacted by wetlands to show that a reasonable dwelling can be
constructed on the lot without need for a setback variance.
7. A five (5) foot easement along the frontage of all lots created by this
subdivision shall be shown on the final plat.
8. Include a note on the final plat intending that no lot or parcel in this
subdivision may be partitioned, divided, or subdivided such that the
resulting lot(s) is smaller in size than the originallot(s). This note shall
then be carried onto all subsequent plats.
9. Show a public dedication of Tracts A, B and C, and the related trail
easements on the final plat.
10. Approval of this subdivision IS contingent upon the approval of the
pending rezone request.
11. Place a note on the final plat that states:
"The 17B easement (ANSCA) providing for public access along the
existing gravel road will be replaced by the sixty (60) foot wide Spruce
Cape Road right-of-way extension created this plat."
The motion was SECONDED by COMMISSIONER BELL.
The question was called and the motion CARRIED by unanimous roll call vote.
C) Case S90-001. Planning and Zoning Commission final plat review of Phase Two
of Woodland Acres Subdivision, 8th Addition, replatting Tract E-l into Lots 5
through 10, Block 12 and Lots 1 through 8, Block 13, Woodland Acres
Subdivision, 8th Addition. Generally located in Woodland Acres at the end of
Gull Drive.
Staff recommended approval of the request subject to any remaining applicable
conditions of original preliminary plat approval.
COMMISSIONER STEWART MOVED TO GRANT final plat approval of
Phase Two, as reflected in the check plat dated February 18, 2000, ofthe final plat
P & Z Minutes: March 15,2000
Page 11 of 13
(according to the letter of preliminary plat approval dated February 22, 1990) of
the subdivision of Tract E-1, U.S. Survey 1682 (Plat #96-19), creating Lots 5
through 10, Block 12, and Lots 1 through 8, Block 13, Woodland Acres
Subdivision 8th Addition, subject to any remaining applicable conditions of
original preliminary plat approval as well as the requirements of Chapter 16.50
(Final Plat) of the Borough Code.
The motion was SECONDED by COMMISSIONER HIMES.
The question was called and the motion CARRIED by unanimous roll call vote.
VIII. NEW BUSINESS
There was no new business.
VIII. COMMUNICATIONS
COMMISSIONER HIMES MOVED TO ACKNOWLEDGE RECEIPT of items A
.
through C of communications. The motion was SECONDED by COMMISSIONER
BELL and CARRIED by unanimous voice vote.
A) Letter dated February 15, 2000 to Roy and Deborah Chavarria from Eileen
Probasco, Assistant Planner, regarding Lot 3A, Block 2, Mission Subdivision
located at 2353 Mission Road.
B) Letter dated February 16, 2000 to David Johnson from Eileen Probasco, Assistant
Planner, regarding an illegal residential usage on portion of U.S. Survey 1822
located at 2109 Mission Road, D & E.
C) Letter dated February 21, 2000 to Barbara Bolton and Mathew Hartt, from Bob
Scholze, Associate Planner, regarding denial of a request to erect a fence in a
portion of Per enos a Drive right-of-way, adjacent to Lot 25, Block 1, Trinity Islands
Subdivision, 3424 Tugidak Court.
There were no further communications.
X. REPORTS
Linda Freed reported the following meeting schedule:
Meeting Schedule:
April 12th=Packet review worksession
April 19~Regular meeting
April 26th=WorksessionlPriority project list, Worn ens Bay Comprehensive Plan
update, and possible C-Conservation zoning district changes.
P & Z Minutes: March 15, 2000
Page 12 of 13
Linda also requested to have commission's concurrence on Mr. Razo's absence be
excused from tonight's meeting. The commission excused Mr. Razo from meeting.
COMMISSIONER STEWART MOVED TO ACKNOWLEDGE receipt of reports.
The motion was SECONDED by COMMISSIONER HIMES, and CARRIED by
unanimous voice vote.
There were no further reports.
XI. AUDIENCE COMMENTS
There were no audience comments.
XII. COMMISSIONERS' COMMENTS
COMMISSIONERS thanked Mr. Abell for his presence as Assembly Representative.
XIII. ADJOURNMENT
CHAIR SELIG requested motion to adjourn.
COMMISSIONER HIMES MOVED TO ADJOURN the meeting. The motion
was SECONDED by COMMISSIONER BELL, and CARRIED by unanimous
voice vote.
The meeting adjourned at 9:05 p.m.
KODIAK ISLAND BOROUGH
PLANNING AND ZONING COMMISSION
By:
ATTEST
By:
DATE APPROVED: May 17,2000.
P & Z Minutes: March 15, 2000
Page 13 of 13
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