HomeMy WebLinkAboutBLD2000-00589 ♦
BUILDING PERMIT
Jefferson County Department of Community Development
621 Sheridan Street Port Townsend, WA 98368
(360)379-4450 FAX (360)379-4451 (800) 831-2678
PERMIT #: BLD00-00589 Received Date 09/12/2000
SITE ADDRESS: 5945 FLAGLER RD Issue Date 09/21/2000
NORDLAND, 98358 Expiration Date 09/21/2001
APPLICANT: JOHN BURKE PHONE: (360)379-2966
STEPHANIE BURKE
PO BOX 191
NORDLAND WA 98358
SUBDIVISION: Block: Lot: T 6
PARCEL NUMBER: 921043013 Section: 4 Township: 29 N Range: 01 E
CONTRACTOR: BROCKMAN BUILDERS PHONE: (360)638-1125
33145 EGLON RD NE
KINGSTON WA 98346
Contractor's License: BROCKB*051B6 Expires: 04/15/2001
LOAN LENDER/
BOND HOLDER:
PROJECT DESCRIPTION STAIRWAY TO THE BEACH
REQUIRED INSPECTIONS:
[ ] Footings/Setbacks (Shoreline Setbacks): ( st r o k 7- J 4.1 ,G zc-- e(c.. 7-45-6
[ ] Foundation:
[ ] Underground Plumbing/Underground Insulation:
[ ] Shear Wall:
ry, lumbing: - ' A7 ' /( ///`11,e+�`
[ ] Propane Tank/Lines:
[ ] Insulation:
[ ] Sheetrock: L (
[° — al/ ccupancy Approval: /C l/ /`/ r•srn e9
HEALTH DEPARTMENT APPROVAL REQUIRED PRIOR TO FINAL INSPECTION.
THIS PERMIT IS VALID FOR ONE YEAR OR IT MUST BE PROPERLY RENEWED
BUILDING INSPECTION HOT-LINE 379-4455. CALL 24 HOURS IN ADVANCE TO SCHEDULE INSPECTIONS.
Office Hours 9:00 a.m. -4:30 p.m.
Inspector's Phone Hours 8:00 a.m. - 9:00 a.m.
"ONDITIONS MAY APPLY - SEE REVERSE
HOT LINE AVAILABLE 24 HOURS A DAY
09/26/2000 Conditions Associated with Case #: SDP99-00010
9:49:29 AM
Cond. Chan
Code Title Stat. ged
Hold Status Changed By Updated
Tag Updated By
0100 CUSTOM CONDITION
Not Met 12/06/1999
All conditions contained in the Hydraulic Project Approval issued by the Department of Fish and Wildlife for this project All
shall be met. The proponent shall provide the Department of Community Development with a copy of the HPA issued by
the Department of Fish and Wildlife prior to the onset of construction activity.
0100 CUSTOM CONDITION
Not Met 12/06/1999
The Mitigative Measures contained in the Final Mitigated Determination of Non-Significance issued by Jefferson County RKK
on October 22, 1999 shall be met prior to the onset of construction activities: *Proper disposal of construction debris
must be on land in such a manner that debris cannot enter the water body or cause water quality degradation of
state waters. *The applicant shall follow Best Management Practices pursuant to the Jefferson COunty Stormwater
Management Ordinance. Erosion control Best Management Practices shall be implemented at all times during land
disturbing activities. *Removal of native vegetation on the bluff top shall be limited to the minimum necessary for
project construction. in order to minimize visual impact,the staircase shall be constructed to harmonize with the
local shoreline environment to the maximum extent practicable.
0100 CUSTOM CONDITION
Not Met 12/06/1999 RKK
In order to enhance shoreline habitat,encourage slope stability,and mitigate for shoreline impact the applicant shall be
required to plant three(3)individual trees from the list contained on pages 37 and 38 of the Department of Ecology
publication"Vegetation Management:A Guide for Puget Sound Bluff Property Owners." Each of the trees planted must
have an erosion control quality rating of either"good"or"excellent,"be of sufficient size at the time of planting to ensure
survival, and be planted in a location that will result in increased bluff stability and improved shoreline habitat. Example of
tree species meeting these qualifications include Oregon white oak, Grand fir, Douglas-fir, Bigleaf maple, and Pacific
madronne.
0100 CUSTOM CONDITION
Not Met 12/06/1999
In order to ensure minimum visual impact,the structure shall be constructed of wooden material which will weather and RKK
blend with the existing shoreline bank and can be painted, if necessary,to blend with the existing shoreline bank.
0100 CUSTOM CONDITION
Not Met 12/06/1999 RKK
Construction shall be in substantial compliance with the site plan submitted to Jefferson County on August 3, 1999(Log
Item#9)and October 7, 1999(Log Item#28)as they exist now or are hereafter amended by Jefferson County and/or the
Department of Ecology.
0100 CUSTOM CONDITION
Not Met 12/06/1999 RKK
No fill or other material may be placed in the waters or intertidal areas of Jefferson County.
0100 CUSTOM CONDITION
Not Met 12/06/1999 RKK
Work within the jurisdiction of the Shoreline Program other than as described above shall recieve separate review from
this office.
0100 CUSTOM CONDITION
Not Met 12/06/1999 RKK
Prior to construction,the proponent shall notify the Jefferson County Department of Community Development estimated
project timelines for monitoring and plan compliance.
0100 CUSTOM CONDITION
Not Met 12/06/1999 RKK
Prior to the onset of construction,the applicant shall provide the Department of Community Development with the name
and address of the contractor carrying out the project.
0100 CUSTOM CONDITION
Not Met 12/06/1999 RKK
In order to limit the proliferation of similar stair structures in Scow Bay, the applicant is strongly encouraged to investigate
utilizing this structure as a joint use/joint ownership facility with neighboring property owners.
Page 1 of 1
BUILDING PERMIT APPLICATION
Jefferson County Department of Community Development
621 Sheridan Street Port Townsend, WA 98368
PERMIT #: BLD00-00589 Received Date: 9/12/2000
SITE ADDRESS: 5945 FLAGLER RD
NORDLAND, 98358
APPLICANT: JOHN BURKE PHONE: (360)379-2966
STEPHANIE BURKE
PO BOX 191
NORDLAND WA 98358
SUBDIVISION: Block: Lot: T 6
PARCEL NUMBER: 921043013 Section: 04 Township: 29 N Range: 01 E
CONTRACTOR: BROCKMAN BUILDERS PHONE: (360)638-1125
33145 EGLON RD NE
KINGSTON WA 98346
Contractor's License BROCKB*051 B6 Expires 04/15/2001
ARCHITECT/ TILLMAN ENGINEERING INC
ENGINEER : PO BOX 1375
PORT HADLOCK WA 98339
PROJECT DESCRIPTION: STAIRWAY TO THE BEACH
TYPE OF WORK NON SQUARE FOOTAGE:
TYPE OF IMP NEW MAIN:
VALUATION 42,000.00 ADD'L: HEAT TYPE:
CODE EDITION: 1997 HEAT BASE: HEAT TYPE:
OCCUPANCY: UNHEATED: #OF STORIES:
OCCUPANCY: OTHER:
CONST TYPE: GARAGE: SHORELINE:
CONST TYPE: DECK: SETBACK:
BANK HEIGHT:
SEWAGE DISPOSAL:
WATER SYSTEM:
PARCEL TAGS: YES NO
BEDROOMS: BATHROOMS: STORMWATER: YES NO AREA
Exist: Exist: Wetland Erosion
Prop: Prop: Seismic Streams
Total: Total: Flood Way Flood Plane
Routing Date: F&W Landslide
9 CC) Shoreline Aquifer
Forest: Commercial Rural
Pr xlm.lt - Hat Conditions
Type Amount Paid By: Date: Receipt Approveae
Permit $562.95 MAM 09/13/00 34269 A P V E
Plan Check $168.89 MAM 09/13/00 34269
State Building Code $4.50 MAM 09/13/00 34269 SEP 2 2000
Total: $736.34
Jefferson County Planning
&Building Department
is\F_BLD_App_Bld.rpt 10/29/99
f ,
��� onr �� 62181u�1an Jefferson
County Department of Community Development
% a t,Port Townsend WA
88368[360]318-4450
ro Aip,p1perm o If 0 sxxr � 0
OQ 00n
Project Description:
Building Type: Project Type:
❑ Single Family
LO Frame Type:
/New i0 Wood
Garage Attached/Detached ❑ Addition
❑ Modular ❑ Steel
❑ Alteration/Remodel ,,Q'' Concrete
❑ Commercial ❑ Repair
❑ Multi-family/#of Units ❑ Masonry
Demolition ❑ Other:❑ Industrial
Other. «k��t y
Bedrooms: Bathrooms: Type of Sewage Disposal:
/t-i/A gType of Heat:
Choose one:
Existing: Existing: ❑ Sewer ❑Communi $ stem
ty y ❑ Electricity ❑ Oil
Proposed: Proposed:
❑ Individual System ❑ Woodstove ❑ Propane
Total: Total:
If not sewer,fill out the following: ❑ Heat Pump
❑ Conventional ❑ Alternative ❑ Other
Pennit# SEP
Water Supply: N/4
❑ Private well ❑ Two Party Well❑ Public:Name of water system: I
Square Footage: For Office Use Only
Main Floor
UBC OCCUPANCY GROUP 0
�2 Floor f
Base fee
3rd Floor Plan Check fee Apr`
Htd Basement State Surcharge fee „
Unhtd Basement Subtotal 4 s
3y
Garage/Carport
Pot Water Review fee - —
Decks /5' l/244GX)7' A1 ; ` ', 911/Rd Approach fee
Commercial TOTAL �a
Industrial Receipt #
Other Cash/Check #
Total Valuation:
Initials
Or
Date
Estimated Cost: 0Z- 000
If within 200 f the Shoreline 5/1 / — C.
Distance to Bank ater Mark ft.Bank Height ft.
By signing the application form,the applicant/owner attests that the information provided herein is true and correct to the best of their knowledge. Any material falsehood or any
omission of a material fact made by the applicant/owner with respect to this application packet may result in this permit being null and void.
I further agree to save,indemnify and hold harmless Jefferson County against all liabilities,judgments court costs,reasonable attomey's fees and expenses which may in any way accrue
against Jefferson County as a result of or in consequence of the granting of this permit.
I further agree to provide access and right of entry to Jefferson County and it's employees,representatives or agents for the purpose of application review and anyrequired later inspections.
Access and right of en o rile 'cant's property or structure shall be requested and shall occur during regular business hours.
Signatur `
Date: 7---l3--- ®C7
_<dciiii47,0
1 I BEFORE THE HEARING EXAMINER FOR JEFFERSON COUNTY
2
Iry Berteig, Hearing Examiner
3
RE: John and Stephanie Burke ) File No. SDP99-Q010
4 application for a Substantial )
5 Development Permit, Conditional ) D ly L� 0 U �C
Use, to construct a staircase to )
the beach
of Island.Scow Bay L on ) FINDINGS, CONCLU,�I NS, #n
29
le
6 Marrowstone
7 ) AND DECISION 1 +�►�
8 ) JEFFERSON COUNTY
)
DEPT. OF COMMUNITY DEVELOPMENT
9 BACKGROUND INFORMATION
10 Property Location: 5945 Flagler Road on Marrowstone Island.
11 Legal Description: Parcel Number 92104313, Section 4, Township 29
12 North, Range 1 East, WM.
13 SEPA: Jefferson County issued a Final Mitigated Determination of
14 Non-Significance on October 22, 1999. No appeals were filed.
15 PROCEDURAL INFORMATION
16 Notices: Mailed: October 25, 1999
17 Posted: November 2, 1999
18 Publication: October 25, 1999 (Port Townsend-
19 Jefferson County Leader) .
20 Site Visit: November 16, 1999.
21 Open Record Hearing Date: November 16, 1999.
22 The hearing was opened at 1 :55 p.m. in the Courthouse Lower Level
23 Conference Room. A verbatim recording of the public hearing was made.
24 The tape is maintained in the Jefferson Permit Center file.
25 Participants :
26 Randy Kline, Assistant Planner
27 Debbie Randall, Tillman Engineering
28 Stephanie Burke, Applicant
29 Bob McIntosh, Neighbor
John &Stephanie Burke Staircase Page 1
SDP99-0010 Shoreline Conditional Use Findings, Conclusions
and sions
Decision
1 George Barker, Neighbor.
2 No other parties were present to testify.
3 The Hearing Examiner closed the public hearing at 2:25 p.m.
4 EXHIBITS:
5 Exhibit 1: Staff Report dated 11/10/99 together with a copy of the file
6 containing 39 Log Items.
7 Log Item 40: Letter from Randy Kline to Applicant transmitting letters
8 received during the SEPA comment period.
9 FINDINGS OF FACT
10 1. The proposal is for the construction of a staircase leading from
11 the top of an approximately 35-foot bluff down to the beach of Scow
12 Bay on Marrowstone Island. The staircase will be constructed of
13 wooden materials and supported by four concrete pilings to be driven
14 into the substrate above the ordinary high water mark. The stairs
15 will be supported from the bluff top by a "deadman" to be located
16 approximately 40 feet back from the bluff edge. The lowest set of
17 stairs, below the final landing, will be constructed such that they
18 may be drawn up in cantilever fashion above the extreme high tidal
19 elevation when not in use.
20 2 . The subject parcel is . 42 acres in size and is situated on the
21 the west side of Flagler Road. The southern edge of the parcel is
22 characterized by a 35-foot high near vertical bluff, the land above
23 the bluff slopes gently to the bluff edge.
24 3 . Pursuant to the Jefferson County Shoreline Management Master
25 Program the site is designated "Conservancy. "
26 4 . The Jefferson County Comprehensive Plan designates the subject
27 parcel and parcels in the immediate vicinity as "Rural Residential"
28 with a density of one dwelling unit per five acres.
29
John &Stephanie Burke Staircase Page 2 Findings, Conclusions
SDP99-0010 Shoreline Conditional Use and Decision
1 5 . Critical Area review has been incorporated into SEPA
2 environmental review.
3 6. The application was determined to be substantially complete on
4 August 13, 1999.
5 7 . A site visit was conducted by Staff on September 1, 1999 with
6 Department of Fish and Wildlife staff. A site visit was conducted by
7 Staff on September 14, 1999 with Department of Ecology staff.
8 8 . The Washington State Department of Ecology submitted a letter
9 dated October 21, 1999 indicating that some properties are best
10 regarded a "view only" as opposed to having direct beach access, that
11 the applicant should be required to construct a joint use facility or
12 provide mitigation, and that the proposed structure will be visually
13 intrusive and, as such, raises significant cumulative impact concerns.
14 9. In reference to the DOE letter dated October 21, 1999, the
15 proposed conditions of the permit include requirements to minimize
16 visual impact as well as the suggestion that the applicant consider
17 using this structure as a joint use facility with neighboring propert
18 owners. For general information, because this project has been
19 reviewed as a shoreline conditional use, the Department of Ecology has
20 the statutory authority to further condition the permit in order to
21 ensure consistency with the Shoreline Management Act.
22 10. Debbie Randall, testifying as the Applicants' representative,
23 concurred with the Staff Report and agreed to the recommended
24 conditions.
25 11. George Barker, an adjoining property owner with land on both
26 sides of the subject property, presented an interesting account of th-
27 changes in ownership going back to 1913. His account explained some
28 of the survey problems, including the effects of those simpler times
29 in our history. Mr. Barker' s story led to a concern with the
John &Stephanie Burke Staircase Page 3 Findings, Conclusions
SDP99-0010 Shoreline Conditional Use and Decision
1 proximity of the proposed staircase to a beach house on his property.
2 His underlying concern is security, which might be compromised by a
3 stairway.
4 12 . Bob McIntosh, Mr. Barker' s son-in-law, explained their family
5 trust. Mr. McIntosh clarified also that the concern with the beach
6 house was a lack of line-of-sight. Mr. McIntosh also expressed
7 concern over possible encroachment onto his property where the common
8 property line extends at an angle to the shoreline — not
9 perpendicular. In addition, he pointed out that they commercially
10 farm the beach with clams and oysters.
11 13. Debbie Randall testified that the staircase would be located at
12 least 50 feet from the common property line. They are aware of the
13 property line issue, and are taking a conservative approach.
14 14 . With regard to security, Debbie Randall testified in her initial
15 presentation and elaborated in rebuttal testimony that they are
16 proposing a retractable staircase. Further, they could design it to
17 include a locking device.
18 15 . Stephanie Burke, Applicant, testified that they lived across the
19 street and needed the staircase for access to their tidelands.
20
21 REVIEW CRITERIA
22 APPLICABLE JEFFERSON COUNTY ORDINANCES:
23 State Environmental Policy Act, Implementing Ordinance No. 7-84
24 Shoreline Management Master Program for Jefferson County, September 19, 1988
25 Jefferson County Interim Critical Areas, Ordinance No. 05-0509-94
26 Jefferson County Emergency Interim Controls, Ordinance No. 06-0828-98
27 Jefferson County Land Use Application Procedures, Ordinance No. 04-0828-98
28 Jefferson County Comprehensive Plan, adopted August 28, 1998
29
John &Stephanie Burke Staircase Page 4 Findings, Conclusions
SDP99-0010 Shoreline Conditional Use and Decision
1 CONCLUSIONS OF LAW
2 1 . The Staff Report contains a detailed analysis of the project and
3 its compliance with applicable policies and regulations. The Examine
4 has conducted a public hearing, viewed the property, reviewed the
5 Staff Report and now adopts the Staff Conclusions contained in the
6 "Staff Comment" sections of paragraphs 3 through 8 at pages 4 — 6, as
7 his own Conclusions of Law.
8 2 . The Department of Ecology suggested that the property be
9 considered for "view only" [Finding 8] . The DOE comment is valid
10 under most circumstances; however, in this instance some local
11 conditions should be considered. First, the history and size of
12 ownerships does not support a concern over cumulative impacts — at
13 least without significant subdivision proposals that would have to be
14 considered first. Second, testimony indicates that there are beach
15 uses, including clam and oyster seeding and harvesting, and since the
16 applicant ownership extends across the beach, there is a need for
17 access to the beach. Last, the Staff is recommending — and the
18 Applicant concurs — that the aesthetics of the staircase be addressed
19 to minimize the visual impact.
20 3 . The Applicant is aware of the common property line issue and is
21 taking a conservative approach to siting the staircase. The Applicant
22 proposes a retractable staircase and would agree to a locking device,
23 which is also in their best interest.
24 4 . The proposal complies with the Jefferson County Shoreline Master
25 Program and the application should be approved.
26
27
28
29
•
John & Stephanie Burke Staircase
SDP99-0010 Page 5 Findings, Conclusions
Shoreline Conditional Use
and Decision
1 DECISION
2 Based on the testimony at the Public Hearing, a site visit by the
3 Examiner, the documents and exhibits admitted into the record, and th!
4 previously made Findings of Fact and Conclusions of Law, it is hereby
5 the decision of the Hearing Examiner that the Shoreline Substantial
6 Development Conditional Use application by John and Stephanie Burke b!
7 APPROVED, subject to the following conditions :
8 1 . All conditions contained in the Hydraulic Project Approval issue.
by the Department of Fish and Wildlife for this project shall be
9 met. The proponent shall provide the Department of Community
10 Development with a copy of the HPA issued by the Department of
Fish and Wildlife prior to the onset of construction activity.
11
2. The Mitigative Measures contained in the Final Mitigated
12 Determination of Non-Significance issued by Jefferson County on
13 October 22, 1999 shall be met prior to the onset of construction
activities:
14
15 ' Proper disposal of construction debris must be on land in
such a manner that debris cannot enter the water body or
16 cause water quality degradation of state waters.
17 • The applicant shall follow Best Management Practices
18 pursuant to the Jefferson County Stormwater Management
Ordinance. Erosion control Best Management Practices shal
19 be implemented at all times during land disturbing
20 activities.
21 • Removal of native vegetation on the bluff top shall be
limited to the minimum necessary for project construction.
22
• In order to minimize visual impact, the staircase shall be
23 constructed to harmonize with the local shoreline
24 environment to the maximum extent practicable.
25 3. In order to enhance shoreline habitat, encourage slope stability,
and mitigate for shoreline impact; the applicant shall be
26 required to plant three (3) individual trees from the list
27 contained on pages 37 and 38 of the Department of Ecology
publication Vegetation Management: A Guide for Puget Sound Bluff
28 Property Owners. Each of the trees planted must have an erosion
29 control quality rating of either "good" or "excellent, " be of
sufficient size at the time of planting to ensure survival, and
John &Stephanie Burke Staircase Page 6
SDP99 0010 Shoreline Conditional Use Findings,Conclusions
and Decision
be planted in a location that will result in increased bluff
stability and improved shoreline habitat. Examples of tree
2 species meeting these qualifications include Oregon white oak,
3 Gand fir, Douglas-fir, Bigleaf maple, and Pacific madronne.
4 4 . In order to ensure minimum visual impact, the structure shall be
5 constructed of wooden material which will weather and blend with
the existing shoreline bank and can be painted, if necessary, to
6 blend with the existing shoreline bank.
7 5 . Construction shall be in substantial compliance with the site
8 plan submitted to Jefferson County on August 3, 1999 (Log Item
#9) and October 7, 1999 (Log Item #28) as they exist now or are
9 hereafter amended by Jefferson County and/or the Department of
Ecology.
10
11 6. No fill or other material may be placed in the waters or
intertidal areas of Jefferson County.
12
7 . Work within the jurisdiction of the Shoreline Program other than
13 as described above shall receive separate review from this
14 office.
15 8 • Prior to construction, the proponent shall notify the Jefferson
County Department of Community Development at (360) 379-4464 with
16 estimated project timelines for monitoring and plan compliance.
17
9. Prior to the onset of construction, the applicant shall provide
18 the Department of Community Development with the name and address
of the contractor carrying out the project.
19
20 10. In order to limit the proliferation of similar stair structures
in Scow Bay, the applicant is strongly encouraged to investigate
21 utilizing this structure as a joint use/joint ownership facility
22 with neighboring property owners .
23 DATED this 27th day of November 1999.
24
25
26
27 Iry Berteig
28 Jefferson County Hearing Examiner
2 9 lb
John &Stephanie Burke Staircase Page 7
SDP99-0010 Shoreline Conditional Use Findings,and DConecision
Decision
1 Transmitted by the Jefferson Count Permit Center to the following:
2 DATE TRANSMITTED:
3 John & Stephanie Burke, PO Box 191, Nordland, WA 98358
4 Debbie Randall, Tillman Engineering, PO Box 1375, Port Hadlock, WA 98339
5 George Barker, 6033 Flagler Road, Nordland, WA 98358
6 Bob McIntosh, 6037 Flagler Road, Nordland, WA 98358
7
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10
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15
16
17
18
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John &Stephanie Burke Staircase Page 8
SDP99-0010 Findings, Conclusions
Shoreline Conditional Use and Decision
Jefferson County Department of Community Development
/4 ;°N co 621 Sheridan Street,Port Townsend WA 98368 (360) 379-4450
7,
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'1`SFI TN����$ Universal Plot Plan
Fill in the following blanks as completely as possible:
Project Description:
' 7Z-!/2IA"A-Y TT' i3C
9 Digit Parcel Identification Number (from your tax statement): q Z/ 1-43 90
Site Address del4-L; ,444;4 i2 ' '=� ,,t, /�'` � n, 9
911#: Road Name: Zip Code: 160Oef
Legal Description
Subdivision Name: i 'K 4 Block: Lot(s):
Section: e Township: 74 /(,. Range: / W41
Parcel Size (acres or square footage):
Property Owner: .,/oiiitr s imRf« 86/ Ca Phone: c
Mailing Address:
P'6'_ /9/ A r i+r49 WA- *3 "d'
Applicant/Occupant: Phone:
(if different from owner) Pi'G(�N L
Mailing Address:
Authorized Rep: Phone:
Mailing Address:
General Contractor:
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Mailing Address: 3
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Septic Designer: Phone:
Mailing Address:
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Mailing Address: p Q. g0}, 15 75 ispoloT Aexy Ge2ei, GL 4/C, .? e)
Loan Lender/General Phone:
Contractor's Bond Holder:
Mailing Address:
FOR OFFICE USE ONLY
Fire District: Planning Area: School District: Zone:
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DATE: 9/13/201
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