WVE-19-88 s~- Z4
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ZONING ADJUSTOR 1988
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SPOKANE COUNTY, WASHtNGTO
Ay f r +`e f~
v~~AI ~ 3 1 f ♦ Dt~CWI .
~l r...r y, wc`• Sr►..l►~5►1t I~tI~4 J
IN THE MATTER OF A WAIVER OF VIOLATION )
TO ALLOW A DWELLING TO REMAIN APPROXi- ) FINDINGS, C4NCLUSIONS
MATEL.Y TWO (2) FEET FROM A SIDE YARD ) AND DECISION
[WVE•19•88 ; TERRY BROWN
~
COMPANIO iLES: BUILDING AND SAFETY )
COMPLAINT FILE
.
SUMMARY OF APPLICATl4N:
The applicant's dwellfng unit is built approximately 2'-2" to 2'•8" from the west property
Iine Section 4.05 A.070 a 2. of the Spokane County Zoning Ordinance requires a side yard
setback of flve (5) feet for each story of the buiiding. Th1s is a one (t )-story buttding. The
applicant seeks a Waiver of Violation to allow the building to remain so located. Authority to
consider and grant such a request exists pursuant to Sections 4 25.010 and 4.25.030 f. of the
Spokane County Zoning Ordinance.
PROJECT LOCATION:
The property is generaliy iocated in the Spokane Valiey, south of and adjacent to 7th Avenue and
east of the Dishman Mica Road in the NW Y4 of Section 20, Townsh(p 25N, Range 44EWM The
property is addressed as East 9510 7th Avenue. The Assessor's parcel number is
20542-1705
DECISION SUMMARY OF THE ZONING ADJUSTOR:
Based upon the evidence presented and circumstances associated with the project proposal, the
Zoning Adjustor DENIES the Waiver of Violation and orders the dweiling to be modified to bring
it into compliance with the five (5)•foot side yard setback.
OPPONENTS OF RECORD:
1 Robert McKanna 2. Bianche M. Rjnker 3. Clyde B. Markeson
4 E11en T. Schimpf S. Robert R. Long 6. EIsie Long
7 Carol McLean 8. Dan Forsyth 9. Robert B. Schimpf
10 Georgine Woolcock 11 Elia M. Denny
PUBLIC HEARING:
After examining all available information on flle with the appiicatton and vtslting the subject
property and surrounding area, the Zoning Adjustor oonducted e public hearing on September
28, 1988 and rendered a written decision on ac►6ru,6., 1988.
FtNDtNGS OF FACT
t The project locat+on is as set fonh above under PROJECT LOCATION.
2 In 1976 Mr. Brown, Sr. (now the deceased father of the appliCent), started with an
empty lot and essentially constructed the dweiling unit. Involving a manufactured home and
site-built additions thereto to the present size and extent. The senior Mr. Brown neither
applied for nor acquired any building permits; hence, when the dwelling unit was constructed
iIlegaliy to within 2'•2" to 2'-8" of the west stde property line, there was never a buiiding
permit as a check•and-balance on the setback.
It was also brought out in the hearing that there may well have been some
substandard construction techniques and materials used in the building. There was no specific
proof to this point; only allegations were made
The present applicant, the son of the senior Mr Brown, lived in the house a short
period of time before graduating from high school. The senior Mr. Brown died m late 1981 or
1982 The appiicant, Terry Brown, was residing out of the Spokane area and purchased the
dwelling unit from his father's estate, turning it into rental property until he and hls family
' ~i
CASE NO VWE-19-88 SPOKANE COUNTY ZONING ADJUSTOR PAGE 2
could relocate to Spokane At the time of purchase a titie search was done, and the title search
did not turn up any side-yard violation (NOTE. The Zoning Adjustor has handled some Wawer
of Violation cases which have been detected during a title search process )
The appiicant, Brown, decided that the dwelling unit, which had a Ieaking and sagging
roof on its west side (apparently a bedroom space) needed remodeling. Generally, he added a
pitched roof to the building, creating a sloping roof where a relatively flat roof existed before;
patched the leaking roof, and put siding on the west side of the structure, generaily compatible
with other siding on the building The applicant acquired no permits, apparently feeling that
there had been permits issued originally and that the remodeiing which he was to undertake did
not require additional permits. He gave no indication that he consulted anybody of authority in
this decision, although a simple phone ca11 would have clarlfied the need for a permit. He did not
imply that anybody had given him misinformation or mfsled him The applicant did most of the
work himself, so a contractor was not invoived who might have otherwise drawn it to the
owner's aitention that permits were required for such work.
3 Apparently, complaints from the neighbors brought about the involvement of
building inspection staff of the County's Department of Buiiding and Safety. Ultimately, the
circumstances resulted in the applicant's appiyfng for a Waiver of Violatlon In order to allow
the existing building to remain. It is unciear whether or not the bulldtng would meet
the building code regulatlons even it it were aliowed to remaln. Such
circumstances w111 be dealt with after issue of the slde yard setback has been
settied.
4 The adopted Spokane CoUnty Future Land Use Plan designates the area of the proposal
as Urban
5 The site is zoned Residential Mobile Home, which allows the proposed use upon
approvai of this application.
6 The existing land uses in the area of the proposal include predominantly
manufactured homes located on smali individual ownerships of at least seven thousand (7,000)
square feet in size.
7 The proposal is exempt from the provisions of Chapter 43.21 C RCW pursuant to
WAG t 97-11 •800(c)(i) and Spokane Environmental Ordinance 11.10 070(1 )(a)
8 Eric Olsen, inspector for Spokane Valiey Fire Distrlct. Spokane County Fire
Protection District No 1, stated in a letter of September 22, 1988 to Mr, and Mrs. McLean
that, from a fire department perspective, the minimum five (5)-foot setback should be
maintained to facilitate firefighting activities (presumably on either property).
9 The applicant has been made aware of the reoommendations of varfous County/State
agencies reviewing this project, and he can comply with those recommendations
10 Written statements of opposition were prepared for several parties by legal counsel
McKenna, Dianne Kaatz. Caroi McLean, 8lanche Rinker, Mr. and Mrs. Robert Schimpf and
Clarence Vedder. Mr. Vedders document stated that he and his wife resided in the dweliing unit
on the subject property from Sepiember of 1986 to November of 1987. He mentloned that he
finished a portjon of the interior 11' x 12' structure. Ne mentioned that, as of November1987,
there was still some unfinished space. He fuhher stated that the two seciions were resting on
stacked concrete blocks rather than on a solid concrete bese. He said that the roof et that time
consisted of 2x4 rafters approximately twenty-four (24) feet long with slxteen (16)•Inch
centers supported at the roof apex by a 2' x 3' wall upright (NOTE: The applicant identified
vedder as hostile and says the span is approximately 11'-61. and that the upright wall
supporting part of the roof weight is of 2x4 construction. (It is possibly this "structural
defect" which may have been partially dealt with by the applicant's recent construction )
11 The proper legal requirements for advertising the hearing before the Zoning
Adjustor of Spokane County have been met
12 Any conclusion hereinafter stated which may be deemed a finding herein is hereby
adopted as such
.
„ a
CASE NO WVE-19•88 SPOKANE OOUNTY ZONING ADJUSTOR PAGE 3
From the Findings, the Zoning Adjustor comes to these.
.
CONCLUSIONS
1 Neither the original locater/constructor of the structure (the senlor Mr. Brown)
nor the applicantlpresent owner of the structure sought or received any advice from ihe proper
authonties regarding building permits No building permfts for the structure built In 1976
are of record No building permits for the recent remodeling work to try to ease the structurai
problems of the roof are of record
2 The structure is, by survey of the applicant prepared by James F. Benthin,
Professional Land Surveyor, located 2'-2" to 2'-8N from the side property line The property
Iine is identified by a 3'-0"-high chain Iink fence
3. Based on the above information, it cannot be said that the project was erected In good
faith and with every intent to comply with the provlsions of the Zoning Ordinance One shou{d
demonstrate having lnquired of the Plannfng offlce regarding setbacks, or minimally have
inquired of the need for a building permit, at whlch time the setback circumstances would have
arisen during the revlew of construction drawings and inspection of the property
The 2'-2" setback amounts to a 2 83-foot deviation from the five (5)-foot standard
required for a side yard setback, a fifty-seven (57)-percent deviation from the standard. The
Fire Department has stated that such a minimal ciearance interferes with their ability to fight
fires for both this property and the property jmmedietely to the east.
The close proximity of the~structure to the side property severely reduces the effect
intended by the Zoning 4rdinance when it requires side yard setbacks. There is a loss of
privacy, a limitation of natural light and a limitatlon of the circulation of air It aiso makes it
difficult to attend to the needs of repair and maintenance of property whlch is so close to the
property Iine Such a minimal space aIso contnbutes adversely to the esthetics of the
neighborhood by creating such a small space, with such Iimited light, that grass and other
residential foliage wiil Iikely not grow. !t is also a difficult space In which to attempt to
maintain grass and attend to it with a normai lawn mower.
4 Any finding hereinbefore stated which may be deemed a conclusion herein is adopted
as such
DECISION
From the foregoing Findings and Conciusions, the Zoning Adjustor DENIES the
proposai The following is stipulated.
STIPULATIONS
1. GENERAL
1 The applicant, heirs, assigns or successors In interest are responsible for bringing
the property into compliance with the zoning laws and the building code laws.
2 A Title Notice shali be filed In the Auditor's office indjcating the general extent and
degree oE violations, in an effort to inform prospective purchasers that, at least until repaired,
there are zoning and possible building code violations et the property.
3. The owner or other responsible party shall bring the property into compiiance
within one hundred eighty (180) days of signing of this order, or within one hundred eighty
(1e0) days of the outcome of any appeal of this order.
4 Failure to comply with any of the conditions of approval contained in thls decision,
except as may be relieved by the Zoning Adjustor, shail constitute a violation of the Zoning
Ordinance and be subject to such enforcement actions as are approprlate The Department of
a~
CASE NO WVE• 19-88 SPOKANE OOUMY ZONING ADJUSTOR PAGE 4
Building and Safety shall be the agency charged with bringing the property into compliance with
the building code and the setbadc requirements of the Zoning Ordinance.
DATED this 1988.
Thom- Mos er, AICP
~ nl g Adjustor
Spokane unty, Mlashington
FILED
1 ) Appiicant
2) Pariies,of Record
3) Spokane County Engineering Department
4) Spokane County Health Oistrict
5) Spokane County Utilities Department
6) Spokane County Department of Building and Safety
7) Spokane County Fire 'Protection Disttict No. 1
8} Planning Department Cross•reference File and/or Electronic File
NOTE: ONLY THE APPUCANT OR AN OPPONENT OF RECORD iIAAY FlLE AN APPEAL WITHIN TEN
(10) CALFNDAR DAYS OF THE ABOVE DATE OF StGiVING. APPEAL MUST 8E ACCOMPANIED BY A
$100 00 FEE APPEALS MAY BE FILED AT THE SPOKANE COUNTY PLANNING DEPARTMENT,
BROADWAY CENTRE BUILDING, NORTH 721 JEFFERSON STREET, SPOKANE, WA 99260.
(Sections 425 090 and 4 25.100 of Vie Spokane County Zoning Ordlnance)
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PLANNING DEPARTMENT
i BROAOWAY CENTRE BUILOING N. 721 JEFFEp50N STREET
I
PHONE 456-2205
- , . . . . . SPpKqvE. wa.H~rnn 99260
SPOnwNC COUntr tOUNT Mpu,
~10TOCE OF ~lf"VU'01.-1UCJl~ l`.7V~lWU U LSgUCIUYV`L~ Li+llul~v~ p~ItY U'LJi~u~:J WI~/i+1WUW~
UATE: Septcmbcr 28, 1988
TIME: 11:30 a. m.
PLACE: Spokane County Planning Department
2nd Floor Hearing Room, Broadway Centre Building
North 721 Jefferson Street
Spokanc, WA 99260
Case #5
W VE-19-88
W IV .R OF YIOL.ATInN Fnu SinF YARD S TBA K
Gencrally Iocated in the Spokane Valley, south of and adjacent to 7th Avenue and
west of Farr Road in the W Y4 of Section 20, Township 25N, Range 44EWM. (E.
9510 7th Avcnuc.)
P R O P O S A L. ; The applicant requests a waiver of violation to allow a manufactured
home and addition thereto to remain as close as two (2) feet, two (2) inches from
the (west) side yard property lioe, whereas the Spokane County Zoning Ordinance
required a five (5) foot setback at the time construction occurred.
EXISTIN r 20NIN t: Residential Manufactured Homc (RMH)
SITE SIZE: Appro:imately 8,125 sq. ft.
APPL.ICANT: Terry D. Brown
N. 623 Darimouth Road
Spokanc, WA 99206
APPLICATIONS WII.L BE HEARD AT T'HE ABOVE TIME, EXCEP'I' THAT ITEMS
CARRIED OVER FROM PREVIOUS HEA,RINGS MAY BE H[EARD FIRST, POSSIBLY
CAUSING DELAYS. LFGAL DESCRU''I'IONS AND P'RO]ECT DETAII.S POR THESE
PROJECTS ARE AVAILABLE IN THE PI„ANMNG DEPAR7MENT FII.ES. APPEALS OF
ANY OF THE DFCISIONS ON THE BQ,OW-LISTE.D CASES MAy ONLY BE FII.ED BY THE
APPLICANT OR AN OPPONENT OF ItF,CORD AC'COMPANIED BY A$ 100.00 FEE.
(Scctions 4.25.090 and 4.25.100 of the Spokanc County Zoning Ordinancc.)
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SPOKANE COUNTY PLA►NNING DEPARTMENT
AMICATIONS BEFORF T= ZONINC3 ADJUSTOR/30ARD OF ADJUSTMENT
Certificate of Exemption No : Application No.: f.t
Name of Applicant.~~' c.~,r 0 w''~ Agent: Y0
Street Address. ) oa "'.tig deA
r Zip Phone - Home4-s69 . /
City: k State: OA Code: -D°2OG Work:S09 ~ . Wpl
Ageats No.
Name of Property Owner(s)• 7c-q, L? D. ~~o cv n '
Street Address: „~l4 ' Zip Phone - Home:
City: State: Code: Work:
REQUESTED ACTION(S) (Circle appropriate action):
Variange(s) Londitional Use Permit Nonconforming Lot/Use
aiver of Violation > Temporary Use/Structure Other:
FOR STAFF i1SE ONLY CODE: ORDINANCE
Cite Regulations Section(s): 4j0SAP ro~p'er y ' lation/
e: 1/4 Size: C-25-tArcement: Y N
Section: TownshiP• Ran8 ~
L~-
Existing Zoning: Comp. Plan Designation:"'?a M/7--)
LEGAL
PSSA. ~ YN UTA. Y ASkaN FIRE DIST.t~CHECKED BY:
Hearing Date: g5Personnel Taking in Application:&-U/ ,
Existing Use of Property: lee^
Descnbe lntenoed Pioposal in 'I erms of RlEQi1ESTED ACl IONS above:
Street Address of Property: ~S/ c7 f f~ ~ v c ~~o {~cAh c, O/4
Legal Desc?,) tion of Property (include easement. if applicable):~ S'elo~ k
~ L a ti,+ , e ot m/'1O`r►
~ew
Parcel No(s)• - ~ Source of Legal:-4j r "al
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Total amount of adjoining land conuolled by tfiis owner/sponsor:
What interest do you hold in the property? 0 w t' -eY
Please list previous Planning Department actions involving this property:
I SWEAR, UNDER PENALTY OF PERJURY, THAT: (1) I AM THE OWNER OF RECORD OR
AUTHORIZED AGENT FOR T'HE PROPOSED SITE; (2) IF NOT THE OWNER, WRiTTEN
PERMISSION FROM SAID OWNER AUTHORIZING MY ACTIONS ON HIS/HER BEHAL.F IS
ATTACHED: AND (3) ALL OF THE ABOVE RESFONSFS AND THOSE ON SUPPORTING
DOCUbEM ARE MADE TR Y AND TO BEST F MYKNOWLEDGE.
Signed: ~
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-eL•'ND,S+Addre
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s~~ti' ~ + Phone No.: Date•
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~ a`AR *-.~S o1 0 N otaryz 4ADate:
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PliS~A01u16\,dr tAverl Reviced .1-4-98
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A. BC1RD .N OF PRQOE
, It is necessary for the applicant or bis/her representative to establish the reasons
why the REQUESTED ACTION should be approved and to literally put forth the basic
case. Accordingly, you should have been given a form for your requested action
(variance, conditional use, etc.) designed to help you present your case in a way
which addresses the criteria which the Zoning Adjustor must consider. Please fill
the for,on out and return it with your applicatioa. If you did not get a form, ask the
Planning Department personnel for advice on how to proceed.
B. SICN-OFF BY COUN DEPARTMENTS AND OTHER ACENCIES
1, COUNTY HEALTH DISTRICT • - ~
a) Proposed method of water supply;
,
b) Proposed method of sewage disposal. ~
A preliminary consultation has been held to discuss the proposal. The applicant
has been nform f re irements and standards.
, 00 .
(Signature) (Date) (Sign-off Waiv d) '
2. COUNTY EN GINEERING DEPARTMENT
A preliminary consultation has been held to discuss the proposal. The applicant
has been informed of requirements and standards.
, ~T~
, - -
(Signature) (Date) (Sign-off Waived)
3. COUNTY UTILITIES DEPARTMENT (Waive if outside WMAB)
A preliminary consultation has been held to discuss the proposal. The
a op'cant has been i rme of requirements and standards.
~-2AP ~+P
((Date) (Sign-off Waived)
~ The applicant is required to discuss the proposal with
to become informed of water s~►,~ ~
requirements and standards.
~ The applicant is required to discuss the proposal with
to become informed of se age disposa
requirements and standards.
4. WATER PURVEYOR? fWaive if outside CWS,J.&I
a) The proposal isrs not located wtthin the boundary of our future
service area.
b) The proposal is/is not located within the boundary of our current
district.
c) We are/are not able to serve this site with adequate water.
d) Satisfactory arrangements have/have r= been made to serve this
proposal. ~
(Signature) (Date) (Sign- Waived)
5. SEWERAGE PURVEYOR: ~
(If o:her than Spokanc County)
A preliminary consultation hps been held to discuss the proposal.
The applican as been infcwaed of r quirements and standards.
'P
)(Signature) (Date) (Sign-off Waived)
Page 2 of 4
' fi
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NAME :
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FILE
II. WAIVER OF YIOLATIaN (Section 4.25.030 f, of Zoning 0 rdinance)
A. Was project enected in govd faith and with every intent to comply with the
provisions vf the Zoning Ordinance? If so, exp]ain how you exercised good
faith and i ntent and sti ] 1 ended up i rti vi ol ati on of the Zoning Ordi nance?
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, B. While not aomplying with every detail of the provisions of the ordinance,
expl ain how the praject is consi stent wi th the spi ri t ar i ntent af the
o rdi nan ce? '
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SPOK;ANE COUNTY PLANNING DEPA►RTMENT
AP1=ATIQM BEEDME-Um 70NINC ADJUSTORIBO;ARD OF ADJUSTN=
Certificate of Exemption No.: _ Applicatibn No.: 00~-~- g~
Name of Applicant:-TPr~ 0 15ro wkx Agent• Y N
Street Address:-r2y-2 Sr A--Z
Zip Phone - Home:Po -7 YJ y 1r
City: ze-('o &,.f oh State: Code ~'.3 Sf-, Z Work.t~as) ryI - sooo ir" t6 aoi
- Agents No.
Name of Property Owner(s): 7-e rr ~i D. o6rocvrk '
Street Address: Zip Phone - Home.
City: State• Code: work'
REQUESTED ACTION(S) (Circle appropriate action):
Variancr4sl Londitional Use Permit Nonconforming Lot/Use
.~V~(~Vaiver of Violation~ Temporary Use/Structure Other:
USE ONLY CODE ORDINANCE
Cite Regulations Section(s): Property Violation/
Sqction. Township: Range: Size: Enforcement: Y N
Existing Zonmg: Comp. Plan Designation:
LEGAL
PSSA: Y N UTA: Y N ASA: Y N FTRE DIST.r CHECKED BY:
Hearing Date: Personnel Taking in Application•
,
Existing Use of Property:
Describe lntended Pioposal in 'I'erms of REC2UESTED ACiIONS above.
Stree Address of Pro ert:/~ l~Iv c ~,uo~~,. ~~c.~1~
t p y
Legal Descri tion of Property (include easement, if applicable):_~p oc.~
Po i-n e
Parcel No(s): Source of Legal: .
Total amount of adjoining land controlled by this owner/sponsor: -
What interest do you hold in the property?
Please list previous Planning Department actions involving this property: /Vo•► e_
I SWEAR, UNDER PENALTY OF PERNRY, THAT: (1) I AM THE OWNER OF RECORD OR
AUTHORIZED AGENT FOR THE PROPOSED SITE, (2) IF NOT THE OWNER, V'VRIT"I'EN
PERMISSION FROM SAID OWNER AUTHORLZING MY AGTIONS ON HIS/MR BEHAL.F IS
ATTACHED: AND (3) AI.L OF THE ABOVE RESPONSES AND.THOSE ON SUPPORTING
DOCUNIENIS ARE MADE TR Y AND TO TI-E BEST OF MY KNOWLEDGE.
Signed: Address: Phone No.: Date:
NOTARY SEAL: No tary : .
Date. Paee 1 nf 4 (Over) Revised 3-4-88
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A. B MD . OF PRQOF
It is necessary for the applicant or his/her representative to establish the reasons
why the REQUESTED ACTION should be approved and to literally put forth the basic
case. Accordingly, you should have been given a farm for your requested action
(variance, conditional use, etc.) designed to help you present your case in a way
which addresses the criteria which the Zoning Adjustor must consider. Please fi11
the form out and return it with your application. If you did not get a form, ask the
Planning Department personnel for advice on how to proceed.
B. SIGN-OFF BY COUNTY DEPARTMENTS AND OTHER AGENCIES
1. (:'OUNTY NEALTH DISTRICT
a) Proposed method of water supply:
b) Proposed method of sewage disposal:
A preliminary consultation has been held to discuss the proposal. The applicant
has been informed of requirements and standards.
(Signature) (Date) (Sign-off Waived)
2. COUNTY ENGINEERING DEPARTIVIENT
A preliminary consuItation has been held to discuss the proposal. The applicant
has' been informed of requirements and standards.
(Signature) Mate) (Sign-off Waived)
3. COi1NTY UTILITIES DEPARTMENT (Waive if outside VVMAB)
A preliminary consultation has been held to discuss the proposal. The
a p'cant has been 49P of requirements and standards.
, (V--2APWP
(Signature) (Date) (Sign-off Waived)
WA_ The applicant is required to discuss the proposal with
to become informed of water system
requirements and standards.
olk The applicant is required to discuss the proposal with
to become infornaed of sewage disposa
requirements and standards.
4. WATER PURVEYOR: - (Waive i outside CWSSA)
a) The proposal is/is not located within the boundary of our future
service area.
b) The proposal is/i not located within the boundary of our cunent
district.
c) We areiare not able to serve this site with adequate water.
d) Satisfactory arrangements have/have not been made to serve this
proposal.
(Signature) (Date) (Sign-off Waived)
5. SEWERAGE PURVEYOR:
(If other tban Spokane County)
[9,00*0 A preliminary consul'tation hrs beea held to discuss the proposal.
The applican as een infc+rmed of r quirements and standards.
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(Sigaature) (Date) (Sign•off Waived)
Page 2 of 4
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