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Zoning Board of Appeals 21-1995DEPARTMENT OF CITY PLANNING Matthew G. Sadowski, Plan Director (414) 679-4136 July 31, 1995 Mr. & Mrs. David De Angelis W178 56961 Shady Lane Muskego, WI 53150 RE: W178 56961 Shady Lane Dear Mr. & Mrs. De Angelis: The Board of Appeals wishes to advise you that your request for a variance from Section 17:5.07(2) and 17:9.07(5) was approved as submitted. Sincerely, Gct�d z Carlos cc: Chairman Pionek W182 S8200 Racine Avenue • Box 903 • Muskego, Wisconsin 53150-0903 • Fax (414) 679-5614 CORRECTED CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON JULY 27, 1995. Meeting called to order at 7:01 PM. PRESENT: Chairman Don Pionek, Vice Chairman Henry Schneiker, Mr. Terry O'Neil, Mr. Frank Kerr, Mr. Dan Schepp, Mr. Michael Brandt, Mr. Matt Sadowski, and Mr. Carlos Trejo. ABSENT: Mr. Ed Herda. MINUTES: Mr. Schneiker cited a misspelling of his name. Mr. Herda made the motion to amend and adopt the minutes from the June 22, 1995, meeting, Mr. Brandt seconded. Upon a voice vote the motion to adopt the minutes of the June 22, 1995, meeting passed unanimously. NEW BUSINESS Appeal # 18-95 Russ and Vern Moeller, W208 S8543 Hillendale Drive, Muskego, Wisconsin. Chairman Pionek read the appeal for Russ and Vern Moeller. Also in attendance and sworn in were Kenneth Pulczinski of Big Bend, Art Dyer of W208 S8903 Hillendale, and Mr. Chuck Dykstra, Director of the Building Department. Requesting relief from an Administrative decision which requires all Pole Buildings in an Agricultural Zoned District follow Chapter 30--Building Code, Section 30.02--Application of "Wisconsin Administrative Building and Heating,_Ventilating and Air Conditioning Code", which applies ILHR 53 Commercial Structural Requirements for applicable buildings. The petitioner is requesting a variance to build a pole building without applying commercial building standards. Mr. Sadowski explained the zoning, acreage, and permitted building space of the parcel and deferred discussion of the building code to Mr. Dykstra. Mr. Dykstra discussed the three (3) primary building codes utilized by his department and the history of the building code requirements for agricultural pole buildings. With the adoption of the City's Building Code, agricultural pole buildings were required to be issued permits. However, the City does not have a specific section which applies to agricultural pole buildings in agricultural districts. The City, therefore, applies Wisconsin Uniform Building Code standards. The Wisconsin Uniform Building Code standard requires truss load weights to meet 401bs. The City has applied all roofs with a 3-12 pitch or lower to meet 401b loads and those higher pitched meet 301b loads. After requesting counsel from the City's attorney, Mr. Dykstra was advised to enforce truss loads no less than 301bs. Mr. Russ Moeller is requesting 201b truss loads. Mr. Pulczinski informed the Board on the practices of other municipalities. He stated most municipalities exempted agricultural pole buildings through the use of the same Administrative Building Code. CORRECTED CITY OF MUSKEGO BOARD OF APPEALS MINUTES OF BOARD OF APPEALS MEETING HELD ON JULY 27, 1995. Meeting called to order at 7:01 PM. PRESENT: Chairman Don Pionek, Vice Chairman Henry Schneiker, Mr. Terry O'Neil, Mr. Frank Kerr, Mr. Dan Schepp, Mr. Michael Brandt, Mr. Matt Sadowski, and Mr. Carlos Trejo. ABSENT: Mr. Ed Herda. MINUTES: Mr. Schneiker cited a misspelling of his name. Mr. Herda made the motion to amend and adopt the minutes from the June 22, 1995, meeting, Mr. Brandt seconded. Upon a voice vote the motion to adopt the minutes of the June 22, 1995, meeting passed unanimously. NEW BUSINESS Appeal # 18-95 Russ and Vern Moeller, W208 S8543 Hillendale Drive, Muskego, Wisconsin. Chairman Pionek read the appeal for Russ and Vern Moeller. Also in attendance and sworn in were Kenneth Pulczinski of Big Bend, Art Dyer of W208 S8903 Hillendale, and Mr. Chuck Dykstra, Director of the Building Department. Requesting relief from an Administrative decision which requires all Pole Buildings in an Agricultural Zoned District follow Chapter 30--Building Code, Section 30.02--Application of "Wisconsin Administrative Building and Heating, Ventilating and Air Conditioning Code", which applies ILHR 53 Commercial Structural Requirements for applicable buildings. The petitioner is requesting a variance to build a pole building without applying commercial building standards. Mr. Sadowski explained the zoning, acreage, and permitted building space of the parcel and deferred discussion of the building code to Mr. Dykstra. Mr. Dykstra discussed the three (3) primary building codes utilized by his department and the history of the building code requirements for agricultural pole buildings. With the adoption of the City's Building Code, agricultural pole buildings were required to be issued permits. However, the City does not have a specific section which applies to agricultural pole buildings in agricultural districts. The City, therefore, applies Wisconsin Uniform Building Code standards. The Wisconsin Uniform Building Code standard requires truss load weights to meet 401bs. The City has applied all roofs with a 3-12 pitch or lower to meet 401b loads and those higher pitched meet 301b loads. After requesting counsel from the City's attorney, Mr. Dykstra was advised to enforce truss loads no less than 301bs. Mr. Russ Moeller is requesting 201b truss loads. Mr. Pulczinski informed the Board on the.practices of other municipalities. He stated most municipalities exempted agricultural pole buildings through the use of the same Administrative Building Code. Page 2 Board of Appeals, July 27, 1995 Mr. Dykstra explained that the Wisconsin Administrative Code does exempt pole buildings, but the City requires permits for all pole buildings, thus some type of building standard needs to be applied. Mr. Dykstra further noted that a literal interpretation of the Wisconsin Administrative Code allows further exemptions on similar pole buildings, including pole buildings used for other than agricultural purposes in which it is in the City's best interest not to allow reduced building standards. Mr. Brent Ryan, sales manager for Morton Buildings, was sworn in. Mr. Ryan informed the Board of the practices he has experienced from his sales area, which included all of Southeast Wisconsin and portions of Illinois. Mr. Ryan stated most municipalities referred to the Wisconsin Administrative Code, which exempts agricultural pole buildings. Mr. Ryan also spoke of the quality and safety of these buildings and cited of no recollections of major incidents involving the structural capability of these buildings. Discussion ensued over the amount of live load and dead load weight agricultural pole buildings should handle. Mr. Dyer, the neighbor to the north of the Moellers, addressed the Board. Mx. Dyer cited: 1. That the Wisconsin Administrative Code discusses pole buildings and exempts them from commercial standards. 2. The City is trying to conform to a code that doesn't exist. 3. The Moellers have displayed a unique and thorough hardship. Mr. Wayne Salentine was sworn in. Mr. Salentine expressed the financial burden that would be placed on all farmers applying the commercial standards. Mr. Russ Moeller expressed his concern that such enforcement would have an effect on all farmers, the quality of the buildings for their specific use, and what other municipalities apply to such structures. Appeal # 19-95 Gilbert M. Spieler, W180 56583 Hardtke Drive, Muskego, Wisconsin. Chairman Pionek read the appeal for Mr. Spieler, Kurt Moberji of W180 56588 Hardke Drive, and Fred Scheunert of Remax Realty. Petitioner seeks relief from Chapter 17--Zoning Ordinance, Section 8.07 (1) and (2)-TRS-2, 20,000 square foot Suburban Residence District, Lot Size and Density. Said sections define the needed lot area and minimum lot width for legal lots for an RS-2, 20,000 square foot district with a minimum average width of 110 feet. The petitioner is requesting a variance to subdivide a parcel with 16,991.8 square feet and an average minimum width of 83.9. The zoning is RS-2, 20,000 square foot Suburban Residence. Page 3 Board of Appeals, July 27, 1995 Mr. Sadowski explained the zoning issues related to the parcel and cited that this appeal was presented to Plan Commission. The Plan Commission deferred action to the Board to see what their actions would be in granting a variance to a non -conforming lot. Chairman Pionek referred this item to Appeal # 13-95, by Terry and Bernice Evans, in which the Board established practice not to review Plan Commission items that had not been adopted or denied. Mr. Sadowski cited that the Plan Commission understood the Board's practice, but the Plan Commission's intent was to save Mr. Spieler time by allowing him to apply for a variance before submitting for a final land division due to the non -conforming issues involved. Discussion ensued whether Mr. Spieler could rezone the property to allow division of the lot. Mr. Sadowski cited that rezoning would be difficult due to issues of the lot being in conformity with its present district, rezoning could be interpreted as an issue of spot zoning, and that rezoning the lot would give Mr. Spieler an unfair advantage over neighboring RS-2, 20,000 square foot Suburban Residences. Mr. Schneiker swore in David De Angelis who cited that Mr. Spieler's appeal is to ensure that once his property is sold that the new owner would not turn around and subdivide the parcel and sell them for a profit in which Mr. Spieler was denied and that Mr. Spieler is trying to exhaust all options that could lead to a subdivision of the property. Discussion ensued that no real hardship exists for the Board to grant a variance to subdivide the lots. Mr. Schepp made a motion not to hear the appeal based that the Board has established past precedence not to hear items not yet approved or denied by the Plan Commission, to refund Mr. Spieler's fees, allow Plan Commission to decide if the subdivision can be approved, and then let Mr. Spieler decided if he wishes to pursue the appeal. Mr. O'Neil seconded. Upon a voice vote, Appeal #19-95 was dismissed unanimously. Mr. Spieler expressed to the Board that his prime motive was to exhaust all alternatives to subdivide the property and to ensure when his lot was sold, it would not be subdivided. Appeal # 20-95 Paul and Laura Balistreri, S74 W14829 Woods Road, Muskego, Wisconsin. Mr. Pionek read the appeal for Paul Balistreri. Petitioner seeks relief from Chapter 17--Zoe Ordinance, Section 5.02 (1) Building Location, Setbacks, and Section 8.07(3)--RS-2, 20,000 square foot Suburban Residence District, Building Location. Said section restricts any building to be placed behind the base setback line, which is located forty (40) feet from the road right-of-way/front property line. The petitioner is requesting a variance to construct a house addition with a covered porch extending 3.5 feet into the setback area, creating a 36.5 base setback line. The zoning is RS-2, 20,000 square foot Suburban Residence. Page 4 Board of Appeals, July 27, 1995 Mr. Sadowski explained the zoning issues related to the parcel, including that the ultimate right-of-way for Woods Road would be 100 feet. Mr. Balistreri cited his hardship being that the pre-existing location of his home leaves no other possible place to place his covered porch and that he is only seeking a three (3) foot infringement into the setback area. Mr. Balisteri also expressed safety concerns over the current 24 inch drop off due to the lack of a porch. Appeal # 21-95 David and Tracy De Angelis, W178 S6961 Shady Lane, Muskego, Wisconsin. Chairman Pionek read the appeal for Mr. David De Angelis. Petitioner seeks relief from Chapter 17--Zoning Ordinance, Section 5.07 (1) Open Space as defined under Section 2.02 (39) Definitions, and Section 9.07(5)--OED Existing Development District for an RS-3 15,000 square foot Suburban Residence District. Said section requires 66.7% of the lot area be left as open space. The petitioner is requesting a variance to construct a concrete driveway, reducing the percentage of open space to 59.0% of the total lot area. The zoning is RS-3/OED, 15,000 square foot Suburban Residence in an Existing Development District. Mr. Sadowski explained the zoning issues related to the parcel. Mr. De Angelis informed the Board he would like to pave an existing gravel driveway that would enhance and be in compliance to the character of the surrounding neighborhood. Appeal # 22-95 Lois M. Jakumbowski, W185 S6710 Jewel Crest Drive, Muskego, Wisconsin. Chairman Pionek read the appeal for Lois M. Jakumbowski and her son Philip. Petitioner seeks relief from Chapter 17--Zoning Ordinance, Section 4.06 (2)A.2 Legal Nonconformity, Nonconforming Structure. Said section requires that if repairs and alterations to such structure exceed 50% of the current fair market value of the structure, the structure must be made conforming to zoning district regulations. The petitioner is requesting a variance to raise the roof of a nonconforming garage over 50% of the current fair market value. The zoning is RS-3/OLS, 15,000 square foot Suburban Residence in a Lake Shore District. Mr. Sadowski explained the zoning issues related to the parcel. Ms. Jakumbowski explained to the Board of how her garage needed repairs, the current garage door was too low to allow her van inside, and how the new garage would be in conformity with her home and the character of the neighborhood. Appeal # 23-95 Barbara Fields, S68 W18123 Island Drive, Muskego, Wisconsin. Chairman Pionek read the appeal for Ms. Barbara Fields and Richard and Bonnie Hayden, who currently reside Page 5 Board of Appeals, July 27, 1995 at the residence. Petitioner seeks relief from Chapter 17--Zoning Ordinance, Section 5.02 (2)B Basic District Regulations, Building Location and Section 9.04 (3) RS-3/OLS 15,000 square foot Residence District and Lake Shore District, Building Location . Said section requires a minimum setback of 25 feet. The petitioner is requesting a variance to construct a garage with a three (3) foot setback. The zoning is RS-3/OLS, 15,000 square foot Suburban Residence in a Lake Shore District. Mr. Sadowski explained to the Board the zoning of the lot. Mr. Hayden cited that he would like to construct a garage for the lot. He explained that everyone else in the cul-de-sac had one and that the shorter set back would not interfere with snow plowing, presented a signed petition in support of the garage from the neighbors, and discussed how the garage would be within the spirit of the neighborhood. Mr. Hayden stated that the house was put up for sale but was being pulled from sale August 1st and would not be in the market again until next year. The hardship cited was the need for a covered way for Ms. Fields safety, due to her physical handicap. Matt Soik, neighbor to the north, was sworn in. Mr. Soik expressed he was in favor of the garage, but had concerns over the care taking of the City property between the Field's lot and his and expressed concerns over snow and garbage removal. DELIBERATION OF APPEALS APPEAL #18-95 Discussion began over the lack of a specific building code to apply to agricultural pole buildings in agriculturally zoned districts used for agricultural purposes. The Board determined that in the absence of a standing code, past practice should be applied. Mr. O'Neil made a motion to refer the appeal as submitted to the Building Department's past practices on standards for roof loads in agricultural pole buildings in an agricultural district. The hardship cited is a lack of a building code specifically addressing agricultural buildings in an agricultural district; the Building Department, therefore, should continue past practice until a new ordinance is established. Mr. Kerr seconded. Upon a roll call vote, Appeal #18-95 passed unanimously. APPEAL #19-95 Appeal #19-95 was dismissed during new business proceedings. APPEAL #20--95 Mr. Schepp made a motion to approve the appeal as submitted. The hardship stated was the pre-existing location of the home would make it impossible to add an entry into the home and that a literal enforcement of the zoning ordinance would result in a practical difficulty and a safety hazard. Mr. Brandt seconded. Upon a roll call vote, Appeal #20-95 passed unanimously. Page 5 Board of Appeals, July 27, 1995 APPEAL #21-95 Mr. O'Neil made a motion to approve the appeal as submitted. The hardship stated was the conditions due to the existing substandard lot size and that permitting the drive would be in conformity and within the spirit of the zoning ordinance. Mr. Schepp seconded. Upon a roll call vote, Appeal #21-95 passed unanimously. APPEAL #22-95 Mr. Kerr made a motion to approve the appeal as submitted. The hardship stated was that use of the garage has been made impractical for van access and that permitting the higher roof would be in the spirit of the zoning ordinance and not contrary to public interest. Mr. O'Neil seconded. Upon a roll call vote, Appeal #22-95 passed unanimously. APPEAL #23-95 Mr. O'Neil made a motion to approve the appeal as submitted. The hardship stated was the pre-existing location of the primary structure leaves no other place for a garage to be placed, the garage would be in conformity and within the spirit of the zoning ordinance, and the garage would not be contrary to the public interest. Mr. Brandt seconded. Upon a roll call vote, Appeal #23-95 passed unanimously. MISCELANEOUS BUSINESS The Board discussed if there still was a need to contact members prior to meetings. After discussion, the Board decided that such calls would no longer be necessary and that members will now be responsible to inform the secretary if they are unable to attend a meeting. Discussion ensued over the research done over sheds that was assigned in the last meeting. Mr. Brandt informed the Board of his findings. After discussion, the Board agreed to the need to allow for a higher height for sheds with an increased setback. The agreed upon height and setbacks for sheds was a maximum nine (9) foot height for a three (3) foot offset, a nine (9) to thirteen (13) foot height for a five (5) foot offset, and all other sheds to conform to the zoning district's regulations. Mr. Schreiker made a motion to adjourn, Mr. Kerr seconded. Upon a voice vote, the motion to adjourn passes unanimously. With no further business to come before the Board, the meeting was adjourned at 11:05 PM. Respectfully submitted, Carlos Trejo Recording Secretary CITY OF MUSKEGO NOTICE IS HEREBY GIVEN pursuant to Wisconsin State Statute 62.23 (3) 6. that a Public Hearing will be held at the Muskego City Hall, W182 S8200 Racine Avenue, at 7:00 P.M., Thursday, July 27, 1995, to consider the following petitions for appeals to the Zoning Ordinance of the City of Muskego: Appeal # 18-95 Russell J. and Vern Moeller W208 S8543 Hillendale Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks relief from an Administrative decision which requires all Pole Buildings in an Agricultural Zoned District follow Chapter 30-- Building Code, Section 30.02--Application of "Wisconsin Administrative Building and Heatinq, Ventilating and Air Conditioning Code", which applies IHLR 53 Commercial Structural Requirements for applicable buildings. The petitioner's is requesting a variance to build a pole building in an Agricultural Zoned District without applying commercial building standards. Zoning: Agricultural Appeal # 19-95 Gilbert M. Spieler W180 S6583 Hardtke Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks relief from Chapter 17--Zoning Ordinance, Section 8.07 (1) and (2)--RS-2, 20,000 square foot Suburban Residence District, Lot Size and Density. Said sections define the needed lot area and minimum lot width for legal lots for an RS-2, 20,000 square foot district with a minimum average width of 110 feet. The petitioner is requesting a variance to subdivide a parcel with 16,991.8 square feet and an average minimum width of 83.9. Zoning: RS-2, 20,000 square foot Suburban Residence Appeal # 20-95 Paul and Laura Balistreri S74 W14829 Woods Road Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks relief from Chapter 17--Zoning Ordinance, Section 5.02 (1) Building Location, Setbacks, and Section 8.07(3)--RS-2, 20,000 square foot Suburban Residence District. Buildina Location. Said section restricts any building to be placed behind the base setback line, which is located forty (40) feet from the road right-of-way/front property line. BOA 7/27/95 Page 2 The petitioner is requesting a variance to construct a house addition with a covered porch extending 3.5 feet into the setback area, creating a 36.5 base setback line. Zoning: RS-2, 20,000 square foot Suburban Residence Appeal # 21-95 David and Tracy De Angelis W178 56961 Shady Lane Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks relief from Chapter 17--Zoning Ordinance, Section 5.07 (1) Open Space as defined under Section 2.02 (39) Definitions, and Section 9.07(5)--OED, Existing Development District for an RS-3, 15,000 square foot Suburban Residence District. Said section requires 66.7% of the lot area be left as open space. The petitioner is requesting a variance to construct a concrete driveway, reducing the percentage of open space to 59.0% of the total lot area. Zoning: RS-3/OED, 15,000 square foot Suburban Residence in an Existing Development District Appeal # 22-95 Lois M. Jakumbowski W185 56710 Jewel Crest Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks relief from Chapter 17--ZoningOrdinance, Section 4.06 (2)A.2 Legal Nonc-6nformity, Nonconforming Structure. Said section requires that if repairs and alterations to such structure exceed 50% of the current fair market value of the structure, the structure must be made conforming to zoning district regulations. The petitioner is requesting a variance to raise the roof of a nonconforming garage over 50% of the current fair market value. Zoning: RS-3/OLS, 15,000 square foot Suburban Residence in a Lake Shore District Appeal # 23-95 Barbara Fields S68 W18123 Island Drive Muskego, WI 53150 REQUESTING: Under the direction of Section 3.08 (1) Appeal Provisions, Petitioner seeks relief from Chapter 17--Zoning Ordinance, Section 5.02 (2)B Basic District Regulations, Building Location and Section 9.04 (3) RS-3/OLS 15,000 square foot Residence District and Lake Shore District Building Location . Said section requires a minimum setback of 25 feet . The petitioner is requesting a variance to construct a garage with a three (3) foot setback. BOA 7/27/95 Page 3 Zoning: RS-3/OLS, 15,000 square foot Suburban Residence in a Lake Shore District NOTICE OF CLOSED SESSION: PLEASE TAKE NOTICE that the Board of Appeals of the City of Muskego may convene, upon passage of the proper motion, into closed session pursuant to Section 19.85 (1) (a) of the State Statutes for the purpose of deliberating concerning cases which were the subject of a quasi-judicial hearing; said cases being the above listed appeals. The Board of Appeals will then reconvene into open session. Detailed descriptions are available for public inspection at the Clerk's office. All interested parties will be given an opportunity to be heard. Board of Appeals City of Muskego Donald Pionek, Chairman Dated this 14th day of July, 1995 PLEASE NOTE: It is possible that members of and possibly a quorum of members of other governmental bodies of the municipality may be in attendance at the above -stated meeting other than the governmental body specifically referred to above in this notice. Also, upon reasonable notice, efforts will be made to accommodate the needs of disabled individuals through appropriate aids and services. For additional information or to request this service, contact Jean K. Marenda, city Clerk, at Muskego City Hall, 679-5625.. CITY OF MUSKEGO BOARD OF APPEALS DATE July 27, 1995 APPEAL # 21-95 NAME David & Tracy De Angelis ADDRESS W178 S6961 Shady Lane TELEPHONE PROPERTY LOCATION ON WHICH VARIANCE IS REQUESTED ADDRESS W178 S6961 Shady Lane TYPE OF ZONING RS-3/OED 1) Appealing Section 3.08 (1) Appeal Provisions, petitioner seeks an appeal from an administrative decision rendered under the authority of Chapter 17, Section 5.07(1) as defined under Section 2.02(39) and Section 9.07(5)Open Space_ as defined under Definitions and OED, Existing Development District for an RS-3, 15,000 square foot Suburban Residence District of the Municipal Code. Said Sections set minimum open space requirements for all lots. Petitioner requests relief from the open space requirement as it applies to residential lot. 80.00 FEE TO BE PAID AT TIME OF APPLICATION DATE PAID 07-07-95 RECEIPT NUMBER 139084 DECISION OF THE BOARD OF APPEALS CHAIRMAN PIONEK dh­� VICE-CHAIRMAN SCHNEIKER MEMBER O'NEIL MEMBER SCHEPP MEMBER KE FIRST ALTERNATE HERDA SECOND ALTERNATE BRAN Secret Date_ 2/-2 APPROVED I DENIED CITY OF MUSKEGO BOARD OF APPEALS Application for Variance Applicants Name. �; d lrz�o_,! 1�� f-/,✓4/,s Subject Property Address: W1, _S6 9 6/ Telephoned 7 property Zoning- Key Key # 2 I (e Petitioner's relationship to property (circle applicable): owne lessee other Fees: $80.00 -- Date inspector denied permit: Requesting variance to Section To allow: 7z L,14F - Wa � A literal enforcement of the terms of the above -referenced section would result in practical difficulty and unnecessary hardship because: CA 4:'414 w �i�. iJ: N G a 1/'VB ,;Z�oc / The variance, if granted, will not be contrary to the public interest and will be in accord with the spirit of the code because: The variance, if granted, will not adversely affect public safety or jeopardize public welfare because: A 0 / ^J Y �r W � to '�= 7 vi Q ? 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