R5G-Single Family Home Development Regulations -Malakoff-COMMISSION ITEM SUMMARY
Gondensed Title:
Second Reading to consider an Ordinance Amendment clarifying and modifying davelopment
regulations for Sinqle Family homes.
lncrease satisfaction with neighborhood character. lncrease satisfaction witn Oevetopnrent anO
growth manaqement across the Citv.
SupportingData(Surveys,EnvironmentalScan,etc48o/ootresidentialreM
businesses rate the effort put forth bv the Citv to is "about the rioht amount."
ltem Summary/Recommendation :
SECOND READING - PUBLIC HEARING
The proposed Ordinance would amend the Single Family Regulations for clarifications of internal
courtyard, terrace and balcony calculations; second floor volumetric requirements; lot splits, and
architecturally significant homes.
On October 22,2014, the City Commission approved the Ordinance at First Reading and scheduled a
Second Reading Public Hearing for November 19,2014.
The Administration recommends that the City Commission adopt the Ordinance.
On September 23, 2014 the Planning Board recommended approval of the subject Ordtnance by a
vote of 6 to 0 (Planning Board File No. 2213).
Source of
Funds:
Amount Account
1
2
3
OBPI Total
Financial Impact Summary:
ln accordance with Charter section 5.02, which requires that the "City of Miami Beach shall consider
the longterm economic impact (at least 5 years) of proposed legislative actions," this shall conflrm
that the City Administration evaluated the long-term economic impact (at least 5 years) of this
proposed legislative action, and determined that there will be no measurable impact on the City's
budget.
Clerk's Office
T:\AGENDA\2014\November\SF Dev Reg Modifications - SUM 2nd Reading.docx
Thomas Mooney
AGENDA ITETf,
DATE
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il- q-HMIAMIBEACH362
MIAMIBEACH
City of Miomi Beoch, I 700 Conveniion Center Drive, Miomi Beoch, Florido 33I 39, www.miomibeochfl.gov
COMMISSION MEMORANDUM
TO:
FROM:
DATE:
SUBJECT:
ADMINISTRATION RECOMMENDATION
The Administration recommends that the City Commission adopt the Ordinance.
Clarification of Single Family
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT
REGULATIONS OF THE CITY CODE, BY AMENDING CHAPTER 114,
"GENERAL PROVISIONS," SECTTON 114-1, ,,DEFINtTlONS," By
INCLUDING DEFINITIONS FOR 'INTERIOR SIDE YARD OPEN SPACE'.INTERNAL GOURTYARD" 'TERRACE' AND 'ROOF DECK'; BY
AMENDING CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS,'
ARTICLE !1, ,,DISTRICT REGULATIONS," DIVISION 2, ,,RS-l, RS-2, RS-3,
RS4 SINGLE.FAMILY RESIDENTIAL DISTRICTS," BY AMENDING THE
CRITERIA AND PROCEDURES FOR THE REVIEW AND APPROVAL OF
SINGLE-FAMILY RESIDENTIAL CONSTRUCTION TO INCLUDE THE
REQUIREMENT THAT ALL HOMES ON LOTS RESULTING FROM A LOT
SPLIT SHALL BE REVIEWED BY THE DESIGN REVTEW BOARD OR
HISTORIC PRESERVATION BOARD, BY AMENDING AND CLARIFYTNG
THE GALCULATION OF LOT COVERAGE AND UNIT SIZE, BY AMENDING
AND CLARIFYING THE CALCULATION OF THE PHYSICAL VOLUME OF
THE SECOND FLOOR, BY AMENDING AND CLARIFYING THE
REGULATIONS REGARDING ROOF DECKS, BY MODIFYING THE
PROCEDURES PERTAINING TO THE ISSUANCE OF EMERGENCY
DEMOLITION ORDERS AND THE REVIEW AND APPROVAL OF
DEMOLITION REQUESTS FOR SINGLE FAMILY HOMES NOT LOCATED
WITHIN A DESIGNATED HISTORIC DISTRICT, AND BY AMENDING AND
CLARIFYING THE POSTING AND MAIL NOTICE REQUIREMENTS FOR
THE FORMAL DETERMINATIONS OF ARCHITECTURAL SIGNIFTCANCE
OF AN ELIGIBLE SINGLE.FAMILY HOME THAT IS PROPOSED TO BE
SUBSTANTIALLY RETAINED; PROVIDING FOR REPEALER.
CODIFICATION; SEVERABILITY; AND AN EFFECTIVE DATE.
Mayor Philip Levine and Members of City
Jimmy L. Morales, City Manager
November 19,2014 D READING. PUBLIC HEARING
363
Commission Memorandum
Ordinance Amendment - Amend Single Family Regulations for Clarifications
November 19, 2014 Page 2 ot 4
BACKGROUND
On February 12, 2014, the City Commission adopted comprehensive revisions to the
single family development regulations, incorporating numerous revisions including
limitations on lot coverage, unit size, roof-decks, lengths of 2-story side elevations, and
limitations on the percentage of a home's second floor volume.
On July 23, 2014, at the request of Commissioner Joy Malakoff, the City Commission
referred an Ordinance amendment pertaining to additional refinements to the recently
adopted single family home Ordinance to the Planning Board and the Land Use and
Development Committee (ltem C4H). The following is a list of the amendments
requested for consideration as part of this referral:
1. Clarification of the definitions of interior side yard open space' and 'internal
courtyard'.
2. Modify the70o/o second floor rule as it pertains to interior height volume.
3. Add a requirement for DRB review of new homes created by a lot split.4. Amend the regulations regarding roof decks to only allow on homes with direct
access to the open bay and on single story homes.
5. Extend the year of required DRB review for the demolition of Architecturally
Significant Homes from pre-1942 to pre-1966.
The Land Use and Development Committee discussed the proposed Ordinance on
August 20,2014, and recommended that items 1-3 above move forward to the Planning
Board and that the previous referral to the Planning Board be withdrawn for items 4 and
5 above. On September 10, 2014, the City Commission withdrew the previous referral
pertaining to items 4 and 5 above (!tem C4D).
ANALYSIS
lnternal Couftyard. Terrace and Balconv Calculations
When the current Ordinance was adopted in February of this year, internal courtyards
created by enclosed walls on three (3) or more sides were required to be counted in the
overall lot coverage of the proposed home. While having a positive impact on the
perceived volume of larger homes, this provision created a minor conflict with the interior
side open space requirements of the regulations. ln order to address this issue, it was
determined that interior side yard open space located along a side elevation with a depth
of 50o/o or more of the developable width of the property, as measured from the required
side setback line, or with an area greater than ten percent of the lot area, shall be
considered an internal courtyard and the entire area shall be included in the lot coverage
calculation, with the exception of the area required to comply with Section 142-106 (2)d.
of the City Code, which is excluded from the lot coverage calculations.
While the administration of the regulations, as noted above, is balanced and achieves
the goals envisioned by the interior open space requirements, the specific standards
governing each section do need to be clarified within the development regulations. After
reviewing a number of different development applications, staff believes that a combined
limit of 30% of the developable width of a site, not to exceed 5o/o of the total lot area,
would be more reasonable in terms of an outside limit for interior open space not being
counted in the overall lot coverage. !f a property owner wanted a larger internal open
space area, the portion of the area that exceeds 5o/o of the lot area, would be counted
towards the maximum lot coverage percentage.
364
Commission Memorandum
Ordinance Amendment - Amend Single Family Regulations for Clarifications
November 19, 2014 Page 3 ot 4
Staff has included as an attachment to this report, a graphic representation of the current
interior side open space requirements compared to the proposed revisions.
Second Floor Volumetric Reo uirements
As it pertains to the 70o/o second floor volume limit for those homes exceeding 25o/o lot
coverage, staff has evaluated the issue further. ln many instances, theTO% threshold is
exceeded because single story garage structures, which are exempt from unit size andlot coverage requirements, cannot be used towards the first floor volume when
calculating the 2nd floor volume ratio. ln this regard, those homes with minimal 2-story
volumetric space are penalized. The proposed Ordinance includes a small change to
address this particular issue.
Lof sp/ifs
The proposed Ordinance amendment would require that new homes resulting from
approved 'Lot Split' applications be required to obtain approval from the DRB or HPB.
This amendment would give adjacent properties an opportunity to express their views
regarding new infill homes.
Architecturally Siqnificant Homes
Modifications clarifying the procedures for noticing and Emergency Demolition Orders
have been proposed.
PLANNING BOARD REVIEW
On September 23, 2014, the Planning Board (by a vote of 6-0) transmitted the proposed
Ordinance to the City Commission with a favorable recommendation. The Planning
Board also recommended that the proposed ordinance not apply to applications that
either filed for Land Use Board Approval, or obtained a Building Permit Process Number,
on or before September 23,2014.
FISCAL IMPACT
ln accordance with Charter Section 5.02, which requires that the "City of Miami Beach
shall consider the long term economic impact (at least 5 years) of proposed legislative
actions," this shall confirm that the City Administration City Administration evaluated the
long term economic impact (at least 5 years) of this proposed legislative action. The
proposed Ordinance is not expected to have a negative fiscal impact upon the City.
SUMMARY
on october 22,2014, the subject ordinance was approved at First Reading.
CONCLUSION
The Administration recommends that the City Commission adopt the Ordinance.
,r,,Rl^*/MAB/RAM
T:\AGENDA\2014\November\SF Dev Reg Modifications - ORD 2nd Read MEM.docx
365
Commission Memorandum
Ordinance Amendment - Amend Single Family Regulations for Claifications
November 19, 2014 Page 4 ot 4
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366
SINGLE FAMILY HOME DEVELOPMENT REGULATIONS
ORDINANCE NO.
AN ORDINANCE OF THE MAYOR AND CITY COMMTSSION OF THE CITY OF MIAMI
BEACH, FLORIDA, AMENDING THE LAND DEVELOPMENT REGULATIONS OF THE
CITY CODE, BY AMENDING CHAPTER 114, "GENERAL PROVISIONS," SECTTON 114.
1, "DEFINITIONS" BY INCLUDING DEFINITIONS FOR 'INTERIOR SIDE YARD OPEN
SPACE', 'INTERNAL COURWARD', 'TERRACE' AND 'ROOF DECK'; BY AMENDING
CHAPTER 142, "ZONING DISTRICTS AND REGULATIONS," ARTICLE !I, "DISTRICT
REGULATIONS,'' DIVISION 2, "RS.l, RS.2, RS.3, RS.4 S!NGLE.FAMILY RESIDENTIAL
DISTRICTS;,, BY AMENDING THE CRITERIA AND PROCEDURES FOR THE REVIEW
AND APPROVAL OF SINGLE-FAMILY RESIDENTIAL CONSTRUCTION TO INCLUDE
THE REQUIREMENT THAT ALL HOMES ON LOTS RESULTING FROM A LOT SPLIT
SHALL BE REVIEWED BY THE DESIGN REVIEW BOARD OR HISTORIC
PRESERVATION BOARD, AS MAY BE APPLICABLE; BY AMENDING AND
CLARIFYING THE CALCULATION OF LOT COVERAGE AND UNIT SIZE; BY
AMENDING AND CLARIFYING THE CALCULATION FOR THE PHYSICAL VOLUME OF
THE SECOND FLOOR; BY AMENDING AND CLARIFYING THE REGULATIONS
REGARDING ROOF DECKS; BY MODIFYING THE PROCEDURES pERTAtNtNG TO
THE ISSUANCE OF EMERGENCY DEMOLITION ORDERS AND THE REVIEW AND
APPROVAL OF DEMOLITION REQUESTS FOR SINGLE FAMILY HOMES NOT
LOCATED wlTHlN A DESIGNATED HISTORIC DISTRICT; AND BY AMENDING AND
CLARIFYING THE POSTING AND MAIL NOTICE REQUIREMENTS FOR THE FORMAL
DETERMINATIONS OF ARCHITECTURAL SIGNIFICANCE OF AN ELIGIBLE SINGLE.
FAMILY HOME THAT IS PROPOSED TO BE SUBSTANTIALLY RETAINED; PROVTDING
FOR REPEALER; CODIFICATION; SEVERABILIW; AND AN EFFECTIVE DATE.
WHEREAS, the regulation of additions and new construction in single family districts
is necessary in order to ensure compatible development within the built character of the
single-family neighborhoods in the City; and
WHEREAS, the identity, image and environmental quality of the City should be
preserved and protected; and
WHEREAS, City Commission recently adopted modifications to the Single Family
Home development regulations; and
WHEREAS, it is appropriate to update the definitions and amendments in the Code
for the review and approval of single-family residential construction; and
WHEREAS, these regulations will accomplish these goals and ensure that the public
health, safety and welfare will be preserved in the City's single-family districts; and
WHEREAS, the Planning Board, at its meeting dated September 23,2014, by a vote
of 6-0 recommended in favor of the Ordinance; and
WHEREAS, the amendments set forth below are necessary to accomplish the above
objectives.
NOW THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEAGH, FLORIDA:
367
SECTION 1. The Miami Beach City Code, Chapter 114, "General Provisions," Section 114-
1, "Definitions," is hereby amended as follows:
Sec. 114-1. Definitions.
The following words, terms and phrases when used in this subpart B, shall have the
meanings ascribed to them in this section, except where the context clearly indicates a
different meaning:
Courfvard. /nfernal. means that portion of a lot whether sodded. landscaped or paved.
unoccupied bv anv part of a structure and open to the skv. which is substantiallv surrounded
bv a sinqle buildinq or oroup of buildinqs on three(3) or more sides.
Ierrace. means a platform that extends outdoors from a floor of a house servinq as an
outdoor livino space. and which mav or mav not be covered.
/nferlor srde vard open space. means that open space portion of a lot whether sodded.
landscaped or paved. unoccupied bv anv part of a structure and open to the skv. which is
surrounded bv a sinqle buildinq or qroup of buildinqs on three (3) sides bv walls. and
extendinq towards an interior or side facino street vard.
Roof deck. means a structural olatform located above the finished main roof line of a
buildinq. desiqned for outdoor occupation.
SECTION 2. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,"
Section 142-105, "Development Regulations and Area Requirements," of the Land
Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 142-105. Development regulations and area requirements.
(a) The review criteria and application requirements for the RS-1, RS-2, RS-3, RS-4 single-
family residential districts are as follows:
(1) Compliance with regulations and review criteria.
a. Permits for new construction, alterations or additions to existing structures shall
be subject to administrative (staff level) review by the planning director or
designee the design review board (DRB), or historic preservation board (HPB)
as applicable, in order to determine consistency with the review criteria listed in
this section.
b. ln complying with the review criteria located in this section, the applicant may
choose either to adhere to the development regulations identified in sections
142-1Q5 and 142-106 administratively through staff level review or seek
enhancements of the applicable development regulations as specified therein,
where permitted, through approval from the historic preservation board or
design review board, in accordance with the applicable design review or
appropriateness criteria.
368
Notwithstanding the foregoing, for those structures located within a locally
designated historic district, or individually designated as an historic structure or
site, the review and approval of the historic preservation board (HPB) may be
required.
Notwithstanding the foregoing, for those structures constructed prior lo 1942
and determined to be architecturally significant, in accordance with section
142-108 herein, the review and approval of the design review board (DRB)
shall be required.
(b) The development regulations for the RS-1, RS-2, RS-3, RS-4 single-family residential
districts are as follows:
$) Unit size requirements.
a. Minimum unit size: 1,800 square feet.
b. For purposes of this subsection, unit size means the sum of the gross
horizontal areas of the floors of a single-family home, measured from the
exterior faces of exterior walls. However, the unit size of a single-family home
shall not include the following, unless othenrvise provided for in these land
development regulations:
1. Uncovered steps.
2. Attic space, providing structural headroom of less than seven feet six
inches.
3. Those portions of covered Tlerraces, breezeways, or open porches,
that do not project more than ten feet
from the main home building(s).
4. Enclosed floor space used for required off-street parking spaces
(maximum 500 square feet).
5. Those portions of covered Eexterior unenclosed private balconies,
p{€vided-any-su€h ba{€eny4ees that do not project more than six (Q) feet
from the building.
c. For two story homes with an overall lot coverage of 25 percent or greater, the
physical volume of the second floor shall not exceed 70 percent of the first
floor of the main home, ex€lusive inclusive of any enclosed reqt*ir€d parking
area structure. The DRB or HPB may forego this requirement, in accordance
with the applicable design review or appropriateness criteria.
(5) Lot coverage (building footprint).
a. General. For lots aggregated after September 24. 2013, when a third lot is
aggregated, as limited by subsection 142-105(b)(3), the calculation of lot
coverage shall be determined by the two lots on which the house is located.
c.
d.
369
One-story structures. One-story structures may exceed the maximum lot
coverage noted in subsection 142-105(bX1) above, through staff level review
and shall be subjectto the setback regulations outlined in section 142-106, but
in no instance shall the building footprint exceed 50 percent of the lot area. For
purposes of this section, a one-story structure shall not exceed 18 feet in
height for flat roof structures and 21 feel for sloped roof structures (measured
to the mid-point of the slope) as measured from the minimum flood elevation.
However for five percent of the lot coverage, the height may be increased up to
24 feel for a single flat roof structure or 27 feet for a single sloped roof
structure (measured to the mid-point of the slope). The length of any wall
associated with this higher height shall not exceed 25 feet.
Calculating lot coverage. For purposes of calculating lot coverage, the footprint
shall be calculated from the exterior face of exterior walls and the exterior face
of exterior columns on the ground floor of all principal and accessory buildings,
or portions thereof. lnternal courtyards, which are open to the sky, but which
are substantially enclosed by the structure on three or more sides, shall be
included in the lot coverage calculation. However, outdoor covered areas, such
as, but not limited to, loggias, covered patios, pergolas, etc., that are open on
at least two sides, and not covered by an enclosed floor above, shall not be
included in the lot coverage calculation.
(9) Lof sp/if. AII new construction for homes on lots resultinq from a lot split application
approved bv the Planninq Board shall be subiect to the review and approval of the
desion review board (DRB) or historic preservation board (HPB), as mav be
applicable.
SECTION 3. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, "RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,"
Section 142-106, "Setback Requirements for a Single-Family Detached Dwelling," of the
Land Development Regulations of the Code of the City of Miami Beach, Florida is hereby
amended as follows:
Sec. 1 42-106. Setback requirements for a single-family detached dwelling.
(2)Stde yards:
a. The sum of the required side yards shall be at least 25 percent of the lot width.
b. Side, facing a street. Each required side yard facing a street shall be no less
than ten percent of the lot width or 15 feet, whichever is greater. Also, at least
35 percent of the required side yard area facing a street shall be sodded or
landscaped pervious open space. With the exception of driveways and paths
leading to the building, paving may not extend any closer than five (![eet to
the front of the building.
c. lnterior sides. Any one interior side yard shall have a minimum of ten percent
of the lot width or seven and one-half feet, whichever is greater.
d. Two-story side elevations located parallel to a side property line shall not
exceed 50 percent of the lot depth, or 60 feet, whichever is less, without
b
c,
370
incorporating additional open space, in excess of the minimum required side
yard, directly adjacent to the required side yard. The additional open space
shall be regular in shape, open to the sky from grade, and at least eight feet in
depth, measured perpendicular from the minimum required side setback line.
The square footage of the additional open space shall not be less than one
percent of the lot area. The open space provided alono a side elevation in
accordance with this subsection. whether required or not. shall not be included
in the lot coveraqe calculation provided that the combined depth of the open
space. as measured from the required side setback line(s). is less than 30
percent of the maximum developable buildinq width of the propertv. as
measured from the interior setback lines. and the total open space provided
does not exceed five (5) percent of the lot area. Anv portions of the interior
side vard open space in excess of five (5) percent of the lot area shall be
included in the total lot coveraoe calculation. The elevation (heiqht) of the open
soace provided shall not exceed the maximum permitted elevation heiqht of
the required side vard. and at least 75 percent of the required interior open
space area shall be sodded or landscaped pervious open space.
The intent of this regulation shall be to break up long expanses of uninterrupted
two-story volume at or near the required side yard setback l.ine and exception
from the minimum requirements of this provision may be granted only through
historic preservation board, or design review board approval, as mav be
applicable, in accordance with the applicable design review or appropriateness
criteria.
SECTION 4. That Chapter 142, "Zoning Districts and Regulations," Article ll, "District
Regulations," Division 2, 'RS-1, RS-2, RS-3, RS-4 Single-Family Residential Districts,"
Section 142-108, "Provisions for the Demolition of Single-Family Homes Located Outside of
Historic Districts," of the Land Development Regulations of the Code of the City of Miami
Beach, Florida is hereby amended as follows:
Sec. 1 42-108. Provisions for the demolition of single-family homes located outside of historic
districts.
(e) Partial demolition procedures for an architecturally significant home.
(1) A building permit for partial demolition to accommodate additions or modifications
to the exterior of any architecturally significant single-family home constructed prior
to 1942 shall be issued only upon the prior final approval by the planning director,
or designee, unless appealed as provided in subsection (3) below. ln the event an
architecturallv siqnificant sinole familv home is proposed to be substantiallv
retained, the mail notice requirements in Section 142-108(a) shall not be required
and a A property owner may de€ide+e proceed directly to the desion review board
DRB, pursuant to subsection 1a2-108(g), or agree to have the partial demolition
reviewed and approved by staff, pursuant to subsection 142-108(e)(a); in either
instance, a demolition permit shall not be issued until a full building permit for new
construction has been issued.
371
(f) /ssuance of demolition permits for architecturally significant homes.
(1) Emergency demolition orders. This section shall not supersede the requirements of
the applicable building code with regard to unsafe structures and the issuance of
emergency demolition orders, as determined by the building official. ln the event
that an emerqencv demolition order is issued for anv sinqle familv home built prior
to 1942. and such order is issued prior to a determination of architectural
significance, approval from the desiqn review board for anv new construction shall
be required.
SECTION 5. REPEALER.
All ordinances or parts of ordinances and all section and parts of sections in conflict
herewith be and the same are hereby repealed.
SECTION 6. CODIFICATION.
It is the intention of the City Commission, and it is hereby ordained that the
provisions of this ordinance shall become and be made part of the Code of the City of Miami
Beach as amended; that the sections of this ordinance may be renumbered or relettered to
accomplish such intention; and that the word "ordinance" may be changed to "section" or
other appropriate word.
SECTIONT. SEVERABILITY.
lf any section, subsection, clause or provision of this Ordinance is held invalid, the
remainder shall not be affected by such invalidity.
SECT!ON 8. EXCEPTIONS.
This ordinance shall not apply to an application filed for Land Use Board Approval
with the Planning Department on or before September 23, 2014; or to a Building Permit
Process Number obtained from the Building Department on or before September 23,2014.
SECTION 9. EFFECTIVE DATE.
This Ordinance shall take effect ten days following adoption.
PASSED and ADOPTED this
ATTEST:
day of 2014.
Philip Levine, Mayor
Rafael Granado, City Clerk
First Reading: October 22,2014
Second Reading:
Verified by:
sR.
Planning Director
Underscore denotes new language
S+ri*et+reugh denotes de leted lan g uage
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