CITY BOARD OF ADJUSTMENT
Tuesday,
August 8, 2000, 1:00 p.m.
Francis
F. Campbell City Council Room
Plaza
Level of City Hall
Tulsa
Civic Center
MEMBERS
PRESENT MEMBERS ABSENT STAFF PRESENT OTHERS
PRESENT
|
Dunham,
Vice Chair |
|
Beach |
Prather,
Legal |
|
Cooper Turnbo |
|
Butler |
|
|
White,
Chair |
|
|
|
|
Perkins |
|
|
|
The notice and agenda of said meeting was posted in the Office of the City Clerk on Friday, August 4, 2000, at 9:56 a.m., as well as in the Reception Area of the INCOG offices.
After declaring a quorum present, Chair, White called the meeting to order at 1:04 p.m.
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MINUTES:
On
MOTION of Dunham, the Board
voted 4-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays"; no
"abstentions"; no "absences") to APPROVE the Minutes of July 11,
2000 (No. 799), with revision of the time for meeting to begin to 2:20 as
posted.
Action
Requested:
Request to
reconsider a Variance of Section 1217.C.2 to allow open-air storage or display
of automobiles offered for sale within 300 of an R zoned district to 0. SECTION 1217.C. USE UNIT 17. AUTOMOTIVE AND ALLIED ACTIVITIES, Use
Conditions Use Unit 17, located S of SW/c E. 11th St. & S.
145th E. Ave.
Presentation:
No Tower Heights Neighborhood Association member was present. Mr. White asked if the association received a copy of the minutes. Ms. Butler, Board of Adjustment recording secretary replied that they received a recorded copy of the case.
Board
Action:
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Action
Requested:
Variance to allow gravel parking to be open Thursday through Saturday nights for 12 months as overflow parking for bar on Lot 3. SECTION 1303. DESIGN STANDARDS FOR OFF-STREET PARKING AREAS Use Unit 10, located 1237 S. Memorial.
Presentation:
Mike
Smith, 1239 S. Memorial, stated he is the owner of the club at this
address. He stated it is for
karaoke only, and not an adult entertainment club. He informed the Board that he provides
certified security guards, seven nights per week. Mr. Smith added that he has a lease on
the gravel parking lot next door until July next year. It is his desire to purchase the lot and
plans to landscape, pave, fence and provide for proper stormwater drainage on
that property.
Protestants:
Hank
Brannan,
8937 E. 13th, made the complaint that the gravel lot was used for
parking until Neighborhood Inspections gave a citation. He stated that chains were put up to
block the drives, but then were taken down at night and the lot was used for
parking. Neighborhood Inspections
did a night inspection, found it was being used for parking and cited them
again. He requested that the Board
deny even a six-month period to pave.
David
Martin,
1302 S. 13th E. Ave., stated that a drunk came over his four-foot
fence and tried to break into his home. He added that security did not
help in this incident.
Comments and
Questions:
Mr. White informed Mr. Martin that the zoning allows for parking on that lot, and the Board has no control over that.
Applicants
Rebuttal:
Mr. Smith stated
that he did not know about the attempted break-in, and that the screening fence
would help to prevent such incidents.
Board
Action:
On
MOTION
of Turnbo,
the Board voted 4-0-1 (White, Dunham, Turnbo, Perkins "aye"; no "nays"; Cooper
"abstained"; no "absences") to APPROVE
a Variance
to allow gravel parking to be open Thursday through Saturday nights for 12
months as overflow parking for bar on Lot 3, on condition that an 8 screening
fence be constructed on the east and south immediately, finding the applicant is
negotiating to purchase and comply with the ordinance, on the following
described property:
Lot 4, less W 10, Block 3, Forrest Acres, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Variance for identification with bulletin board which exceeds 32 square feet display area, illumination requirement and 20 height limitation. SECTION 302.B.2.a.-b. ACCESSORY USES PERMITTED IN THE AGRICULTURAL DISTRICT Use Unit 5, located 6636 S. Mingo Rd.
Presentation:
Dave Huey,
stated he was standing in for Greg Markert, and they desire to replace
the existing sign with a message board at the Union High School.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to APPROVE a Variance for identification with bulletin board which exceeds 32 square feet display area, illumination requirement and 20 height limitation, per plan submitted to replace the existing sign, finding the size of the tract of land for the permitted sign would not cause substantial detriment to the public good or impair the purposes, spirit, and intent of the Code, or the Comprehensive Plan, on the following described property:
NE/4 SE/4 and the N 400 of the SE/4 SE/4, Section 1, T-18-N, R-13-E, City of Tulsa, Tulsa County, State of Oklahoma.
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Action
Requested:
Special Exception
to permit a dwelling in a CS district.
SECTION 701. PRINCIPAL USES
PERMITTED IN COMMERCIAL DISTRICTS Use Unit 6, located 9140 E. 11th
St.
Presentation:
The applicant,
Arthur Crabb, 2749 S. 94th E. Ave. stated that at 1982 he purchased the property, where the previous owner
lived and operated a used car lot and auto repair shop on the premises. He further stated that about eight
months later the tenant was served with a notice of a violation. He explained to the Board that neither
of them knew that no occupancy was allowed there. This has resulted in setting a precedent
and established tenure at this address. He has raised his children in this
house and they are enrolled in the neighborhood school at the present time.
Protestants:
Hank
Brant,
8937 E. 15th St., stated that the Board should not approve just
because the violations have been going on over a long period of time. He listed complaints of parking on
gravel and grass, multiple cars, travel trailers and such parked on the
property. He submitted photographs
(Exhibits B-1, B-2) of the property.
Applicants
Rebuttal:
Board
Action:
On MOTION
of Dunham, the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper
"aye"; no "nays"; no "abstentions"; no "absences") to APPROVE a
Special Exception to permit a dwelling in a CS
district, finding that it will be in harmony with the spirit and intent of the
Code, and will not be injurious to the neighborhood or otherwise detrimental to
the public welfare, on the following described property:
S 145 N 210 W 140 E/2 NE NE NW NE, Section 12, T-19-N, R-13-E, City of Tulsa, Tulsa County, State of Oklahoma
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Action
Requested:
Variance of side
yard requirement in an RS-3 district from 5 down to 3 for an addition to the
residence. SECTION 403. BULK AND AREA REQUIREMENTS IN THE
RESIDENTIAL DISTRICTS Use Unit 6, located 1020 E. 36th
St.
Presentation:
Richard
Paul, 1020 E. 36th St., stated his request for a variance.
Comments and
Questions:
Ms. Turnbo asked the applicant when the house was built. Mr. White stated it was built in 1938. Ms. Turnbo stated that she was on the infill study, and the applicant does not require further relief for this.
Protestants:
Mr. White stated that he had received a
letter of protest (Exhibit C-2) from some of the concerned neighborhood
residents, stating that they felt there was no hardship, the lot was
sub-standard, and that minimum livability space requirements space requirements
have been violated by virtue of existing structures
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no "absences") to APPROVE a Variance of side yard requirement in an RS-3 district from 5 down to 3 for an addition to the residence, per plan, finding the hardship to be the existing dwelling is already setting in this location, and the size of the lot is small, on the following described property:
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Action
Requested:
Variance to allow
a reduction of minimum frontage requirement from 150 to 90 wide. SECTION 703. BULK AND AREA REQUIREMENTS IN THE
COMMERCIAL DISTRICTS, located 11218 E. 61st St.
Presentation:
The applicant,
Bill Wilson, 11320 E. 32nd St. came representing Taco Bueno
Restaurants. He submitted a
site plan, landscape plan, and other documents (Exhibit D-1). He stated 1999 Taco Bueno bought an
adjoining lot because it abuts an existing restaurant they own at the southwest
corner of 61st Street and Garnett. They have been negotiating with
neighboring business in order to do a lot split to expand the parking lot and a
stack-up lane on the drive-through and landscaping. He stated they were not able to do that,
and bought the entire lot.
Protestants:
None.
Board
Action:
On MOTION
of Dunham, the Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper
"aye"; no "nays"; no "abstentions"; no "absences") to APPROVE a
Variance to allow a reduction of minimum frontage requirement from
150 to 90 wide, per plan submitted, on condition that a Change of Access
instrument, setting limits of no access along the entire east 60 and creating
one access location on the remaining west 90 piece be submitted, approved by
the TMAPC, and filed of record prior to approval of the lot split, finding it
will not cause substantial detriment to the public good or impair the purposes,
spirit, and intent of the Code, or the Comprehensive Plan, on the following
described property:
A part of Lot 1, Block 1, Neal Plaza, City of Tulsa, Tulsa County, State of Oklahoma, being more particularly described as follows, to-wit: Commencing at the NW/c of said Lot 1; thence, S 89Ί5114 E, along the N line of said Lot 1, a distance of 122.00; thence, S 00Ί0000 E a distance of 8.00; thence, S 89Ί5114 E, along the N line of said Lot 1, a distance of 28.00 to the POB; thence, S 89Ί5114 E, along the N line of said Lot 1, a distance of 90.00; thence, S 00Ί0000 E a distance of 152.00; thence, N 89Ί5114 W and parallel with said N line a distance of 90.00; thence, N 00Ί0000 E a distance of 152.00 to said N line and the POB.
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Action
Requested:
Special Exception
to allow a 190 monopole tower (Use Unit 4) in an OL zoned district. SECTION 601. PRINCIPAL USES PERMITTED IN OFFICE
DISTRICTS Use Unit 4; and a Special Exception of the required 110% setback
from R district from 209 to 125 and OL district from 209 to 20. SECTION 1204.C. USE UNIT 4. PUBLIC PROTECTION AND UTILITY
FACILITIES, Use Conditions, located S & E of SE/c E. 11th St.
& 77th E. Ave.
Presentation:
John W.
Moody, 7146 S. Canton Ave., stated the applicant wants to amend the
application to reduce the size of the monopole tower from 190 down to 130 in
height. Mr. Moody called attention
to the survey that reveals the west 25 of the subject property is zoned RS-3,
and the nearest abutting residential property not owned by his client is 145
from the center of the pole. The
pole is more than 210 from the RS-3 on the south. He submitted photographs (Exhibit E-2)
of the subject property, showing the natural screening provided by a number of
mature trees.
Comments and
Questions:
Mr. Dunham commented that the reduction in height would make the requested setback 143. Mr. Cooper asked Mr. Moody if the site would allow for collocation. Mr. Moody replied that it is designed specifically for collocation. Mr. Cooper asked if the need for the tower is well documented. Mr. Moody stated that there are two potential users who have requested his client to locate a tower in this vicinity.
Protestants:
None.
Board
Action:
On MOTION of Dunham, the
Board voted 5-0-0 (White, Dunham, Turnbo, Perkins, Cooper
"aye"; no "nays"; no "abstentions"; no "absences") to APPROVE a
Special Exception to allow a 130 monopole tower
(Use Unit 4) in an OL zoned district; and a Special Exception of
the required 110% setback from R district from 143 to 125 and OL district from
143 to 20, per plan submitted, finding the criteria for monopoles have been
met as follows: the height of
the proposed tower is 130; proximity of
the tower to residential structures, residential district boundaries and
existing towers is 125 from RS-3 to the west; the nature of uses on adjacent
and nearby properties is residential nearby, separated by commercial adjacent;
surrounding topography is mostly flat to gently rolling with sparse urban tree
cover; the design of the tower is standard monopole design; there are two potential tenants and five
antennas proposed; no architectural
design of utility buildings and accessory structures to blend with the
surrounding environment; ingress and egress by 20 access easement from
11th Street; the need for a communications tower within the immediate
geographic area to provide an acceptable level of communications service to the
area per the proprietary grid; on 2 ½ acres, and the Comprehensive Plan calls
for medium intensity commercial development, on the following described
property:
E/2, W/2, NW/4, NE/4, NE/4,
NE/4, Section 11, T-19-N, R-13-E, City of Tulsa, Tulsa County, State of
Oklahoma.
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Action
Requested:
Special Exception to permit an adult entertainment establishment within 150 of an R district. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL DISTRICTS Use Unit 12a; and a Variance of 300 spacing from another adult entertainment establishment to 270, from a church to 290, and from a school to 200. SECTION 1212a.C.3.c. USE UNIT 12a. ADULT ENTERTAINMENT ESTABLISHMENTS, Use Conditions, located at 5035 N. Peoria.
Presentation:
Rasha Kevin
McKnight, 5035 N. Peoria, stated that he would open a supper club that would
be comparable to the Green Onion, Outback Steakhouse and Bennigans. He submitted a site plan, lease
agreement, photos (Exhibits F-4,5,6).
Mr. McKnight stated he obtained a lease before the church moved into the
shopping center. He would only be
open in evening hours, not during normal school hours.
Comments and
Questions:
Mr. White asked where the other adult entertainment business is located. Mr. McKnight replied that it is located in the same shopping center. Ms. Perkins asked about the distance between his establishment and the other adult entertainment business. He replied there are 270 between the two. Ms. Perkins asked if the entertainment would be sexually oriented. He replied that there would be no dancers or sexually oriented entertainment, just a variety of jazz bands, theatre plays, concerts and other entertainment in good taste. Mr. Cooper stated he was not clear on the hardships for the variances for distance from the school and other adult entertainment establishment. Mr. McKnight stated he would be providing security, and that there were several clubs in the area a number of years ago. Mr. Cooper asked if there was anything peculiar about the property that would cause a spacing problem. Mr. McKnight stated that the shopping center was about to be renovated by the new owner, and the property behind is undeveloped, wooded residential land.
Protestants:
None.
Board
Action:
On
MOTION of
Cooper, the Board voted
5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays"; no
"abstentions"; no "absences") to DENY a Special Exception to permit an adult entertainment
establishment within 150 of an R district; and a Variance of 300 spacing from
another adult entertainment establishment to 270, from a church to 290, and
from a school to 200, finding a lack of hardship for the Variance.
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Ray Veery,
10051 S. Yale, Suite 200, stated he is in the partnership that owns the
property. He stated that the
applicant would like to withdraw the application.
Mr. Beach stated
they would strike Case No. 18831.
Action
Requested:
Special Exception
to allow tent sales for produce in a CS zoned district for 5 years, April -
December to include fruits, vegetables, plants and Christmas trees. SECTION 701. PRINCIPAL USES PERMITTED IN COMMERCIAL
DISTRICTS and SECTION 1103. USES
PERMITTED IN A PLANNED UNIT DEVELOPMENT Use Unit 2; and a Special Exception of
the required all-weather surface to allow gravel parking. SECTION 1202.C.1. USE UNIT 2. AREA-WIDE SPECIAL EXCEPTION USES, Use
Conditions, located NE/c E. 81st St. & S. Yale
Ave.
Presentation:
Ray Veery,
10051 S. Yale, Suite 200, the property has been zoned commercial for about 15
years, and platted for about 5-6 years.
He stated that the property was leased in 1999 for a three-month
period. The lessee obtained all
permits for a flower stand, met all of the City of Tulsa requirements, and
operated the flower sales stand for three months. It seemed to be accepted well
within the neighborhood. He stated
that in April 2000, the same lessee contacted him again, and the same
arrangement was made for another three-month period. The lessee received a zoning violation
citation and closed down the stand.
In June 2000 Mr. Ogilvie contacted him about putting up a produce
stand. Mr. Ogilvie went
through the process of permits and met City requirements to lease the
property. He opened his produce
stand on June 30, 2000 and was cited that day and given ten days to comply. When Mr. Ogilvie informed the official
that when he went to the City of Tulsa for a permit, he advised them that the
previous user had received a violation notice and Mr. Ogilvie was advised at
that time that he was cleared to open his stand. At 4:30 in the afternoon of June 30 he
was told by Neighborhood Inspections to cease and desist immediately. He informed the official that he had a
permit, and earlier in the day was given ten days to comply, that it was a
holiday weekend and too late to contact the city offices and he would like to
remain open over the weekend. The
inspector called the police to have it shut down, which was done. He appealed the next week and after
going through the Board of Adjustment he reopened the stand. Since he reopened two other inspectors
have come by to inform his employees that they were in violation because he had
geese decoys on the corner. He
stated that his concern is that it is a competitor making the complaint because
he knows many of the neighbors and if they ever have complaints they call him
and not the city.
Comments and
Questions:
Mr. White informed Mr. Veery that all the Board can deal with is the application. Mr. Beach stated that he has talked with Mr. Ogilvie. He suspected that in error Mr. Ogilvie might have been issued a tent permit without the Special Exception. Mr. Dunham brought up that the request is for the Special Exception and he is willing to stay within the 179 days per calendar year.
Board discussion
ensued.
Protestants:
None.
Board
Action:
On MOTION
of Dunham, the Board voted 4-0-1 (White, Dunham, Turnbo, Perkins "aye";
no "nays"; Cooper "abstained"; no "absences") to APPROVE a
Special Exception to allow tent sales for produce in a CS zoned
district for 5 years, April - December to include fruits, vegetables, plants and
Christmas trees; and a Special Exception of the required
all-weather surface to allow gravel parking, with the conditions that they not
exceed the 179 day limit, and the 179 days fall within the months of April 1
through September 1, and October 1 through October 31, on the following
described property:
Lot 3, Block 1, Holland Center, City of Tulsa, Tulsa County, State of Oklahoma.
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Case
No. 18829
Action
Requested:
Variance of side yard requirement of 5 down to 2 for an addition. SECTION 403. BULK AND AREA REQUIREMENTS IN THE RESIDENTIAL DISTRICTS Use Unit 6, located 2939 S. Cincinnati.
Presentation:
The applicant,
Tim Blake, 2939 S. Cincinnati, stated his request and mentioned they have
no garage because a previous owner closed it in. He explained with this variance for 3 ½
they could build a 2-car carport.
He submitted a site plan and packet of information (Exhibit G-1) and
photos (Exhibit G-2).
Comments and
Questions:
Mr. Beach asked if there would be room enough for two cars. Mr. Blake stated that they can get two cars in the space now, but they are not covered. Ms. Turnbo asked when the house was built. He stated it was built in 1939. He added that he did not want to build a metal carport but would like to attach it to the house and use materials to match the house.
Protestants:
None.
Board
Action:
On
MOTION of
Turnbo, the Board voted
5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays"; no
"abstentions"; no "absences") to APPROVE a Variance of side yard requirement of 5 down to 2
for an addition, per plan submitted, finding the hardship that the house was
built before the zoning code was enacted, and that it will be in harmony with
the spirit and intent of the Code, and will not be injurious to the neighborhood
or otherwise detrimental to the public welfare, on the following described
property:
N 15 of Lot 18, all of Lot 19, Block 4, Travis Park Addition, City of Tulsa, Tulsa County, State of Oklahoma.
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Case
No. 18830
Action
Requested:
Variance to exceed the allowable 20% coverage of required rear yard for accessory building. SECTION 210.B.5. YARDS, Permitted Obstructions in Required Yards Use Unit 6; and a Variance to allow the existing non-conforming accessory building as 2-story. SECTION 210.B.5. YARDS, Permitted Obstructions in Required Yards, located 2132 S. Norfolk Ave.
Presentation:
The applicant,
Nathan Koch, stated he represented Dr. and Mrs. Richard Schaffer
submitted a site plan (Exhibit H-1).
He stated there is an existing three-car garage. The plan is to remove the one-story
portion and add on to the garage.
It would exceed the allowable 20% coverage of rear yard for an accessory
building. They want to allow an
existing non-conforming two story to remain as it is.
Comments and
Questions:
Mr. Beach asked why the applicant could not move the addition to the south side of the existing building and out of the required rear yard. Mr. Koch responded that the existing drive was going to be removed and they would like to allow as much green space of the back yard as possible. Mr. Cooper asked for elevation plans, which Mr. Koch submitted (Exhibit H-1).
Protestants:
None.
Board
Action:
On
MOTION of
Dunham, the Board voted
5-0-0 (White, Dunham, Turnbo, Perkins, Cooper "aye"; no "nays"; no
"abstentions"; no "absences") to APPROVE a Variance to exceed the allowable 20% coverage of
required rear yard for accessory building; and a
Variance to
allow the existing non-conforming accessory building as 2-story, per plan,
finding the hardship to be there has been an existing structure in the same
proximity for around seventy years and existing house for that long, and the new
structure would be smaller and take up less area than the existing structure
that would be removed, on the following described
property:
A part of Lot 4, Block 8, Sunset Park, City of Tulsa, Tulsa County, State of Oklahoma, more particularly described as follows, to wit: Beg. at the SE/c of said lot;
thence NWly along Sunset Dr. 150 to the line between Lots 3 and 4; thence NEly along the line between Lots 3 and 4, 80; thence SEly about 150 to the E line of said lot at a point 20 SWly from the NE/c thereof; thence SWly along Norfolk Ave. 115 to the POB.
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Case
No. 18832
Action
Requested:
Special Exception to allow a 190 monopole in an OL zoned district. SECTION 601. PRINCIPAL USES PERMITTED IN OFFICE DISTRICTS; and a Special Exception of the required 110% setback from an R zoned district to 73.4. SECTION 1204.C.3.g.1. USE UNIT 4. PUBLIC PROTECTION AND UTILITY FACILITIES, Use Conditions, located NW/c I-44 & US-75.
Presentation:
The applicant,
John W. Moody, 7146 S. Canton, stated the request adding it is located on
a small OL zoned property, next to a mini-storage on the west, and directly
across the street from a Warehouse Market on the north. The street dead-ends and is used as a
recycling center at that point, and it would be a collocation facility. The south and east line are U.S. Highway
75 and I-44. There are no residents
that would be affected by the tower height.
Protestants:
None.
Board
Action:
On MOTION of Dunham, the Board voted 5-0-0 (White,
Dunham, Turnbo, Perkins, Cooper "aye"; no "nays"; no "abstentions"; no
"absences") to APPROVE a Special Exception to allow a
190 monopole in an OL zoned district; and a Special Exception of the
required 110% setback from an R zoned district to 73.4, per plan submitted,
finding the criteria has been met as follows: the height of the proposed tower is
190; there are no residential structures on residential zoning north and south,
and boundaries are both street right-of-way; adjacent and nearby properties are
commercial and expressway; surrounding topography is mostly flat to gently
rolling with no surrounding tree coverage or foliage;
design of
the tower is standard monopole design; the proposed tower would accommodate
collocation; there is no special architectural design of utility buildings and
accessory structures to blend with the surrounding environment; ingress and
egress is direct from 51st Street; the need for a communications
tower within the immediate geographic area to provide an acceptable level of
communications service to the area per the proprietary grid; Comprehensive Plan
calls for medium intensity, no particular land use, on the following described
property:
Part of Lots 2 & 3, Beg. 68.02 W NE/c of Lot 2; thence SW 274.94; thence W 108; thence N 150.9; thence E 311.9 (SIC) to the POB, less the W 20 for street purposes, all in Cameron Cline Acres, City of Tulsa, Tulsa County, State of Oklahoma.
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There being no further business, the
meeting was adjourned at 3:06
p.m.
Date approved:______________________
__________________________________
Chair