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November 19, 2003PLANNING DEPARTMENT
CITY AND COUNTY OF
SAN FRANCISCO

Notice of Hearing on Application
For Zoning Variance

CITY HALL - Room 416
1 Dr. Carlton B. Goodlett Place

Wednesday, November 19, 2003
Session Begins at 9:30 A.M.

Public Hearing

Jim Nixon, Acting Zoning Administrator
Marge Gambelin, Recording Secretary

Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the City Planning Code as described below has been filed with the Zoning Administrator.

Any remaining questions concerning this application review process may be answered by the Planning Information Center at (415) 558-6377.

Variance Calendars are available on the Internet at http://www.ci.sf.ca.us/planning/variance.htm.

Accessible Meeting Policy

Hearings are held at City Hall, 1 Dr. Carlton B. Goodlett Place, Room 416, Fourth Floor, San Francisco, CA. The closest accessible BART Station is the Civic Center Station located at the intersection of Market, Hyde and Grove Streets. Accessible curb side parking has been designated at points along McAllister Street. Accessible MUNI Lines serving City Hall are the 42 Downtown Loop, 9 San Bruno and 71 Haight/Noriega and the F Line. Accessible MUNI Metro Lines are the J, K, L, M, and N. For more information regarding MUNI accessible services, call (415) 923-6142. American sign language interpreters and/or a sound enhancement system will be available upon request by contacting Lulu Hwang at (415) 558-6318 at least 72 hours prior to a hearing. Individuals with severe allergies, environmental illnesses, multiple chemical sensitivity or related disabilities should call our accessibility hotline at (415) 554-8925 to discuss meeting accessibility. In order to assist the City's efforts to accommodate such people, attendees at public meetings are reminded that other attendees may be sensitive to various chemical based products. Please help the City to accommodate these individuals.

Cell Phone and/or Sound-Producing Electronic Devices Usage at Hearings

Effective January 21, 2001, the Board of Supervisors amended the Sunshine Ordinance by adding the following provision: The ringing of and use of cell phones, pagers and similar sound-producing electronic devices are prohibited at this meeting. Please be advised that the Chair may order the removal from the meeting room of any person(s) responsible for the ringing or use of a cell phone, pager, or other similar sound-producing electronic devices.

Know Your Rights Under the Sunshine Ordinance

Government's duty is to serve the public, reaching its decisions in full view of the public. Commissions, boards, councils and other agencies of the City and County exist to conduct the people's business. This ordinance assures that deliberations are conducted before the people and that City operations are open to the people's review.

For more information on your rights under the Sunshine ordinance (Chapter 67 of the San Francisco Administrative Code) or to report a violation of the ordinance, contact Donna Hall, Administrator, 1 Dr. Carlton B. Goodlett Place, Room 409, by phone at (415) 554-7724, by fax at (415) 554-7854 or by E-mail at Donna_Hall@ci.sf.ca.us.

Attention: Individuals and entities that influence or attempt to influence local legislative or administrative action may be required by the San Francisco Lobbyist Ordinance [SF Admin.. Code 16.520 - 16.534] to register and report lobbying activity. For more information about the Lobbyist Ordinance, please contact the Ethics Commission at 1390 Market Street #701, San Francisco, CA 94102, telephone (415) 554-9510, fax (415) 703-0121 and web site http://www.ci.sf.ca.us/ethics/.

ZONING ADMINISTRATOR
NOTICE OF HEARING ON
APPLICATION FOR ZONING VARIANCE

Notice is hereby given to the general public and to owners of the subject property and other property within 300 feet that an application for variance under the City Planning Code as

described below has been filed with the Zoning Administrator and will be considered at a PUBLIC HEARING to be held on Wednesday, November 19, 2003, City Hall, 1 Dr. Carlton B. Goodlett Place, Room 416 as follows:

9:30 A.M.

(GLENN CABREROS)

1. 2003.0725V: 270 SEA CLIFF AVENUE, north side of the street and west of the intersection of 27th and Sea Cliff Avenues, Lot 001H in Assessor's Block 1307 in an RH-1(D) (Residential, House, One-Family, Detached) District and a 40-X Height and Bulk District.

FRONT AND SIDE YARD SETBACK VARIANCES SOUGHT: The proposal is to construct a detached, two-car garage and an 8-foot tall wall within the front and side yard setbacks. The garage is proposed to be constructed to the front and western side property lines measuring approximately 12 feet tall by 25 feet wide by 20 feet deep. The 8-foot tall wall would be built 7 feet from the front property line.

Section 132 of the Planning Code requires a front setback to be the average of the adjacent front setbacks, but no greater than 15 feet. The adjacent front setback to the west is 9 feet. The adjacent front setback to the east is 87 feet. The required front setback for the subject property is 15 feet.

Section 133 of the Planning Code requires that a lot with a width of 40 feet or more but less than 50 feet to have two side yards each of four feet. The subject property is required to have two four-foot side yards.

(GLENN CABREROS)

2. 2003.0880V: 301-303 SCOTT STREET, west side between Page and Oak Streets, Lot 011 in Assessor's Block 1217 in an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposal is for the demolition of a 14-foot deep by 23-foot wide, three-story rear portion of the two-unit building and for construction of a new 14-foot deep by 27-foot wide, three-story addition in the same location. The new construction increases by 4 feet in width to allow for Building Code-complying exterior rear stairs from both dwelling units, while providing improved interior layouts for both units. As the rear stairs are proposed adjacent to the side property line, a solid firewall is also proposed at the northern side property line. The existing rear yard is 16 feet deep. The proposed rear yard is also 16 feet deep.

Section 134 of the Planning Code requires a rear yard area in an RH-3 Zoning District to be equivalent to 45 percent of the total lot depth, or when using the average of the two adjacent rear yards, no less than 25 percent of the total lot depth or 15 feet, whichever is greater. Per averaging, the required rear yard of the subject property is approximately 33 feet. The project would be entirely within the rear yard.

(GEOFFREY NELSON)

3. 2002.0503V: 236-238 COLE STREET, east side between Hayes and Fell Streets; Lot 011 in Assessor's Block 1211; within an RH-3 (Residential, House, Three-Family) District and a 40-X Height and Bulk District.

REAR YARD AND NONCOMPLYING STRUCTURE VARIANCES SOUGHT: The proposal is to construct a 2-level deck structure and spiral stairway in the rear yard of the subject property. The rear wall of the existing two-family dwelling already extends into the required rear yard and is considered noncomplying with respect to the Planning Code.

Section 134 of the Planning Code states that the minimum rear yard depth in an RH-3 District shall be 45% of the total depth of the lot on which the building is situated. Section 134 allows for additional encroachment into the required rear yard, but in no case shall a rear yard be allowed which is less than 25% of the depth of the lot. On the subject lot, this results in a required rear yard of approximately 27 feet (25% of 106.25 feet). The existing first-floor level deck projects into the required rear yard by approximately 9 feet. The proposed 2-level deck and spiral stair would project approximately 14'-6" into the required rear yard at two levels. The proposed decks would be approximately 18 feet wide.

Section 188 of the Planning Code states that no noncomplying structure shall be enlarged or intensified in any way that increased the discrepancy between the current configuration of the structure and the Code requirement. The existing two-family dwelling currently encroaches into the required rear yard by approximately 4 feet. The proposed alterations would create a taller, wider, and deeper deck structure that would effectively expand the noncomplying residence and occupy new area in the required rear yard

(MARY WOODS)

4. 2003.0782V: 1270 STANYAN STREET, east side between Belgrave Avenue and 17th Street; Lot 044 in Assessor's Block 1289, in an RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District. The existing building is a single-family house with two tandem parking spaces.

PARKING VARIANCE SOUGHT: The proposal is to create a second dwelling unit at the ground floor/garage level without providing the required independently accessible off-street parking space.

Section 151 of the Planning Code requires that one independently accessible off-street parking space be provided for every dwelling unit. In this instance, the existing garage contains two tandem parking spaces only, which do not meet the independent accessibility standard.

The proposal is to reconfigure the existing ground floor/garage level for the creation of a new second unit, involving interior work only. The two tandem parking spaces will remain.

(DAN DIBARTOLO)

5. 2003.0787V: 2758-2760 BAKER STREET, east side between Filbert and Union Streets; Lot 24 in Assessor's Block 947 in an RH-2 (Residential, House, 2-Family) District and a 40-X Height and Bulk District.

REAR YARD AND NON-COMPLYING STRUCTURE VARIANCE SOUGHT: The proposal is to construct a third floor addition containing 48 square feet at an existing deck. The existing building is three stories tall and contains a single family dwelling over a commercial space.

Section 134 of the Planning Code requires that the rear yard be equal to 45% of the lot depth, or the average of the adjacent properties, but in no case less than 25% of the lot depth or 15 feet, whichever is greater. In this case, the required rear yard would be 15 feet. Furthermore, per Section 134(c)(1) of the Planning Code, the last ten feet of permitted building depth cannot exceed 30 feet in height. The existing rear yard is zero at the ground floor and approximately 16 feet at the second and third floors. The height of the building is 34 feet 6 inches. The actual rear yard would not be reduced, but the addition, which would match the height of the existing building, would be within the area restricted to 30 feet in height.

Section 188 of the Planning Code prohibits the expansion, intensification or change in use of a non-complying structure. Because the height of the building in the last 10 feet of the buildable area already exceeds 30 feet, it is considered a legal, non-complying structure. The proposal is considered to be an expansion and intensification of a non-complying structure.

(TOM WANG)

6. 2003.0763V 1050, 1052, 1054 AND 1054A GUERRERO STREET, west side between 22nd and 23rd Streets; Lot 007 in Assessor's Block 3632 in an RM-1 (Residential, Mixed, Low Density) District and a 40-X Height and Bulk District.

MINIMUM LOT AREA, REAR YARD, AND USABLE OPEN SPACE VARIANCES SOUGHT: The proposal is to subdivide a 3,760 square-foot through lot, having its front lot line along Guerrero street and its rear lot line along Ames alley, into two separate lots. There are two existing buildings on the site. A two-story over basement building contains a three-family dwelling (1050, 1052 and 1054 Guerrero Street) and a one-story building contains a single-family dwelling (1054A Guerrero Street). The proposed subdivision would occur between these two buildings, approximately 88.5 feet from the property line on Guerrero Street. As a result, each existing building would be within its own boundaries. The proposed easterly lot fronting on Guerrero Street would contain the three-family dwelling while the proposed westerly lot fronting on Ames Alley would contain the single-family dwelling. The proposal would also alter the existing one-story, single-family dwelling to include a garage accessible to Ames Alley and a second floor vertical addition. No exterior alterations are proposed to the existing three-family dwelling.

Section 121(e)(2) of the Planning Code requires a minimum lot area of 2,500 square feet in RM-1 Districts. The proposed easterly lot will be 2,832 square feet in area. The proposed westerly lot will be 928 square feet in area. The proposed westerly lot would be deficient in minimum lot area.

Section 134(c) of the Planning Code requires a minimum rear yard of 15 feet for the proposed lot fronting on Guerrero Street and requires a minimum rear yard of 15 feet for the proposed lot fronting on Ames Alley. As a result of the lot subdivision, the existing building fronting on Guerrero Street will occupy the entire easterly lot and the existing building fronting on Ames Alley will occupy the entire westerly lot. Both of the proposed lots would require a rear yard variance.

Section 135 of the Planning Code provides that each dwelling unit in an RM-1 district shall have a minimum 100 square feet of private usable open space or 133 square feet of common usable open space. Currently, there is no usable open space on the subject lot available for the total four existing dwelling units. Therefore, both of the proposed lots would require a usable open space variance.

(DARIO JONES)

7. 2003.0828V 2 ORD COURT, located on the south side of Ord Court between States and Douglass Streets; Lot 077 in Assesso's Block 2619 in an RH-2 (Residential House, Two-Family) 40-X Height and Bulk District.

REAR YARD SET BACK VARIANCE SOUGHT: The proposal is for the construction of a new second-story, vertical addition for the existing single-family dwelling.

Section 134 of the Planning Code requires a minimum rear yard of 24.3 feet for the subject lot, as measured from the rear property line (from Ord Court side of the subject lot). The proposed new second-story, vertical addition will encroach 7.5 feet into the required rear yard.

Although the address for the subject property is 2 Ord Court, the Zoning Administrator has determined the frontage of the subject lot be located on States Street. This was done in order for the subject property to better adhere to the Planning Code with regards to rear yard setback and building pattern.

(DANIEL SIROIS)

8. 2003.1151V 206 PALO ALTO AVENUE, north side of Palo Alto, cross street Glenbrook Avenue, Lot 003, Assessor's Block 2722, located in an RH-1(D) (Residential, House, Single-Family Detached) District and in a 40-X Height and Bulk District.

SIDE YARD VARIANCE SOUGHT: The proposal is for a horizontal extension to the rear of the existing house. The proposed extension is located within one of the two required side yards.

Planning Code Section 133 requires side yards in RH-1 (D) Districts. For lots with a width of 50 feet or more, two side yards each of five feet are required. Planning Code Section 133(b) allows a modification to this requirement whereby if the building does not exceed 25 feet in height, any side yard required to be more than three feet in width may be reduced to three feet, if the width of the other side yard is increased by the same amount as the first one is reduced. The proposed extension only provides a 2-foot side yard on one side and therefore, requires a side yard variance.

(DANIEL SIROIS)

9. 2003.0678V 255 UPPER TERRACE, east side of Upper Terrace, between Monument Way and Clifford Terrace, Lot 077, Assessor's Block 2628, located in an RH-2 (Residential, House, Two-Family) District and in a 40-X Height and Bulk District

REAR YARD VARIANCE SOUGHT: The proposal is to extend the depth of three lower balconies by 2-feet 6-inches at the rear of the existing building. A previous notice was sent for the variance application. This notice is for an amended application that seeks a variance for the extension of three balconies instead of two as originally proposed.

Planning Code Section 134 requires a rear yard equal to 45 percent of the lot depth. The building currently projects into the required rear yard and the extension of the balconies to 3 feet 9 inches would further increase the degree of rear yard non-compliance. Therefore this project requires a variance.

(DANIEL SIROIS)

10. 2003.0730V 380 MONTEREY BOULEVARD - north side of Monterey Blvd., between Detroit and Congo, Lots 56-76, Assessor's Block 3091, located in an RM-1 (Residential Mixed, Low Density) District and in a 40-X Height and Bulk District.

PARKING SPACE DIMENSION VARIANCE SOUGHT: The proposal is to legalize the existing off-street parking configuration on the subject site. The parking configuration has existed since the construction of the condominium complex but was never formally recorded with the City and County.

Planning Code Section 154 requires minimum dimensions for parking spaces. Twelve of the 20 existing parking spaces do not meet the minimum size requirements of 160 square feet for standard parking spaces. The remaining 8 parking spaces meet the minimum square footage requirements for compact spaces. In order to legalize the existing parking configuration for this condominium complex a variance from Planning Code Section 154 is required for the twelve spaces that do not meet the minimum 160 square foot requirement.

(SARA VELLVE)

11. 2002.1254V: 622A CASTRO STREET - west side between 19th and 20th Sts.; Lot 004A in Assessor's Block 2696; located in an RH-3 (House, Three-Family) District and 40-X Height/Bulk District.

REAR YARD VARIANCE SOUGHT: A request to add one floor and a stair addition (south side) to the existing, non-complying, single-family dwelling. The structure is non-complying, as it is partially located within the required rear yard.

Section 134 of the Planning Code requires a minimum rear yard of 15 feet for the subject property, measured from the rear property line. The new floor and stairs would extend to within 12 feet of the rear property line and encroach 3 feet into the required rear yard.

Section 136(c)(25)(A)(ii) of the Planning Code requires two story structures built in the required rear yard to be set back from the side property lines by 5 feet. The rear portion of the stair addition extends to the side (south) property line and encroaches into the required rear yard.

Section 188 of the Planning Code prohibits the expansion of a noncomplying structure. As the existing building encroaches into the required rear yard, it is a noncomplying structure.

(SARA VELLVE)

12. 2003.0803V: 524 MOSCOW STREET - north side between Persia and Russia Streets; Lot 003 in Assessor's Block 6092 in an RH-1 (House, One Family) District and 40-X Height/Bulk District.

FRONT SETBACK VARIANCE SOUGHT: The proposal is to construct a 19' x 13' parking platform and new fence at the front of the single-family dwelling. The platform will encroach nine (9) feet into the required front yard/setback and the new fence will be approximately 5 feet 6 inches tall.

Section 132 of the Planning Code requires a minimum front yard/setback of approximately 9 feet for the subject property, the average of the two adjacent structures. The platform would extend to the front property line and encroach 9 feet into the required front yard/setback.

Section 136 (c)(17) of the Planning Code prohibits fences over 3 feet in height to be constructed in the front yard/setback. The proposed fence would be approximately 5 feet 6 inches high, which is the height of the existing fence.

(MICHAEL SMITH)

13. 2003.0847V 832 DIAMOND STREET, west side of the street between Jersey and 24th Streets; Lot 006 in Assessor's Block 6505 in a RH-2 (Residential, House, Two-Family) District and a 40-X Height and Bulk District.

REAR YARD VARIANCE: This is a proposal to construct a rear second floor addition. The addition would be constructed on the existing one-story rear portion of the building. The addition would measure 18'-11" in depth, 13'-7" in width, and add 12'-10" of height to this portion of the building.

Section 134 of the Planning Code requires a minimum rear yard depth of approximately 26'-4" measured from the rear property line. The proposed addition would extend to within approximately 20'-4" of the rear property line encroaching 6-feet into the required rear yard.

Section 188 of the Planning Code prohibits the intensification or expansion of a noncomplying structure. Because the rear one-story portion of the building already encroaches 6-feet into the required rear yard, it is considered a legal noncomplying structure. Therefore, expansion of this portion of the building as proposed would be contrary to Section 188.

(MARK LUELLEN)

14. 2003. 0739V: 901 GRANT AVENUE, AKA 800 WASHINGTON STREET on the northwest corner of Grant Ave and Washington St; Lot 011 in Assessor's Block 0193 in the CVR (Chinatown Visitor Retail) District and a 50-N Height and Bulk District. The subject property is a contributor to the potentially eligible Chinatown National Register Historic District.

OFF-STREET PARKING VARIANCE SOUGHT: The existing building consists of commercial space on the ground floor, one dwelling unit on the second floor, and one dwelling unit on the third floor. The proposed project will divide the third floor unit into two dwelling units. No expansion of the building is proposed. The project proposes no parking where one off-street space would be required.

Section 150 of the Planning Code requires dwelling units in the CVR District to have one off-street parking space for every dwelling unit.

(MAT SNYDER)

15. 2002.0423V 115-117 SOUTH PARK AVENUE, south side between 3rd Street and Jack London Place, Lot 37 in Assessor's Block 3775; located in the SPD (South Park) District, and a 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT. The proposal is to construct a deck and addition at the rear of the property and to allow parking in the rear yard. The proposal is to (1) demolish an existing deck, and construct a new deck that would be located at the rear of the property with a five-foot setback from the rear of the building; the new deck would include a bridge linking the deck to the upper story unit; (2) construct an addition of about 64 square feet at the southeast corner of the dwellings; and (3) allow parking within the rear yard.

Planning Code Section 134 requires a 24-foot deep rear yard measured from the rear property line.

Planning Code Section 134(b) prohibits automobiles from being parked in the rear yard.

(KATE MCGEE)

16. 2003.0650V: 3676 20TH STREET, north side of 20th Street, between Valencia and Guerrero Streets; Lot 26 in Assessor's Block 3597, in an RH-3 (House, Three Family) District and in a 40-X Height and Bulk Designation.

REAR YARD AND PARKING VARIANCES SOUGHT: The proposal is to add a second story to the two-story cottage and to legalize the existing second dwelling unit. The existing cottage has a one bedroom dwelling unit at the ground floor, and a one bedroom dwelling unit on the first floor. The proposal would add a new storage area to the existing ground floor unit, a new storage area to the first floor and includes the addition of a new second story that includes a new kitchen, living room, and bathroom. The new second story measures 37 feet in depth and 22 feet in width and adds approximately 814 square feet to the existing dwelling unit.

Planning Code Section 188 states that a non-complying structure may be enlarged, provided that with respect to such structure there is no increase in any discrepancy, or any new discrepancy, at any level of the structure between existing conditions on the lot and the required standards for new construction set forth in this code. Since the cottage resides in the required rear yard, the proposed addition increases the discrepancy of the non-complying structure in the rear yard area and therefore requires a Rear Yard Variance.

Planning Code Section 151 requires one parking space for each dwelling unit. The proposal to legalize the second dwelling unit without providing the required parking space requires a Parking Variance.

(KATE MCGEE)

17. 2003.0664V: 1547 ALABAMA STREET, east side of Alabama Street, Cesar Chavez and Precita Avenue; Lot 012 in Assessor's Block 5505, in an RH-2 (House, Two Family) District and in a 40-X Height and Bulk District and in the Bernal Heights SUD. The proposal is to add a second dwelling unit to the existing single-family house. The proposal includes adding a kitchen to the third (top) floor by converting the existing sunroom.

PARKING VARIANCE SOUGHT: The proposal to create a second dwelling unit is permitted per the RH-2 Zoning District; however the proposal does not include the required off-street parking space for the new unit. The new unit would be located on the third (top) floor and would be approximately 1,150 square feet in area. No building expansion is proposed. The work would be an interior remodel.

Planning Code Section 151 requires one off-street parking space for each dwelling unit. The existing garage provides one off-street parking space for the existing dwelling unit. The proposal to construct a second dwelling unit requires a second off-street parking space. No additional parking is proposed.

(BEN FU)

18. 2003.0826V: 362 PARK STREET, south side, between Holly Park Circle and Andover Street; Lot 065 in Assessor's Block 5721, in a RH-2 (Residential, Two-Family House) District within the Bernal Heights Special Use District with a 40-X Height and Bulk Designation.

OFF-STREET PARKING AND OPEN SPACE VARIANCES SOUGHT: The proposal is to permit the addition of a second unit without the required open space and the required second parking space.

Planning Code Section 135 requires usable open space to be accessible from each dwelling unit. Private usable open spaces shall be directly and immediately accessible from each dwelling unit. Common usable open spaces shall be easily and independently accessible from each dwelling unit. The proposed common open space area is not easily accessible to the second floor dwelling unit.

Planning Code Section 151 requires one off-street parking space for each dwelling unit. The project proposes the addition of a second unit on the ground floor without the required parking space. One parking space currently exists but two are required.

(The case listed below was originally heard on October 22, 2003. It is again on calendar due to a noticing error.) The project has not changed.

(WINSLOW HASTIE)

19. 2003.0728V: 231-35 SAN JOSE AVENUE, east side between 24th and 25th Streets; Assessor's Block 6514, Lot 22, RM-2 (Mixed Residential, Moderate Density) District and 40-X Height and Bulk District.

REAR YARD VARIANCE SOUGHT: The proposed project involves a horizontal and vertical extension at the rear of the 3-unit dwelling. The existing rear balcony and stairs would be replaced with a ground level garage, 11 feet in height, that would extend to the rear property line. The roof of this garage structure would serve as a deck, and stairs would lead from that up to new rear balconies and entries at the second and third floors.

Section 134 of the Planning Code requires the rear yard in an RM-2 zoning district shall be equal to either 45 percent of the total lot depth or the average between the depths of the rear building walls of the two adjacent buildings, but cannot be less than 25 percent of the lot or 15 feet, whichever is greater. Using the averaging method, the rear yard requirement for the subject property would be 22 feet, 6 inches. The current deck and stair configuration extends approximately 8 feet, 6 inches into the required rear yard. The proposed garage would extend to the rear property line. Above the ground level, the proposed open stairs would extend approximately 13 feet into the required rear yard. In addition, a roof canopy is proposed over the rear stairs.

Public Comment:

At this time, members of the public may address the Zoning Administrator on items of interest to the public that are within the subject matter jurisdiction of the Zoning Administrator except agenda items. With respect to agenda items, your opportunity to address the Zoning Administrator will be afforded when the item is reached in the meeting. Each member of the public may address the Zoning Administrator for up to three minutes.

The Zoning Administrator will not take action on any item not appearing on the posted agenda, including those items raised at public comment. In response to public comment, the Zoning Administrator may:

    (1) respond to statements made or questions posed by members of the public; or

    (2) request staff to report back on a matter at a subsequent meeting; or

    (3) direct staff to place the item on a future agenda. (Government Code Section 54954.2(a))

    Adjournment

Last updated: 11/17/2009 10:00:41 PM