Item Q7
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 1/17/07 - KW
Division: County Attorney
Bulk Item: Yes No ~
Staff Contact Person: Bob Shillinger
AGENDA ITEM WORDING:
Request from John and Ruth Discher to release the affordable housing deed restriction on their property
located at Lot 32, Block 10, Cudjoe Ocean Shores Section 2.
ITEM BACKGROUND:
Mr. and Mrs. Discher desire to sell their property (RE: 001886840-000000) unencumbered by the
affordable housing deed restriction, which was imposed when they obtained their ROGO allocation in
1997. The deed restriction runs until 2019. The Dischers contend that at the time they applied for the
affordable housing allocation, they were misled into believing that they would only have to pay the
impact fees in order to be released from the deed restriction. Staff has been unable to find justification
to support their request.
This item was scheduled to be heard at the 11/15/06 BOCC meeting but was deleted at the request of
John and Ruth Discher. On 11/27/06 an electronic request was received from Lee Rohe, Esq. advising
he had been retained to represent John and Ruth Discher and requesting the matter be scheduled for the
January 17th BOCC meeting.
PREVIOUS RELEVANT BOCC ACTION:
11/15/06 BOCC deleted from agenda at the request of John and Ruth Discher.
CONTRACTIAGREEMENTCHANGES: ~a
STAFF RECOMMENDATIONS: Reject request.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNT PER MONTH_ Year
APPROVED BY: County Atty _
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
Not Required_
DISPosmON:
AGENDA ITEM #
Revised 8/06
Page 1 or 1
Peters-Katherine
From: Hutton-Suzanne
Sent: Monday, November 27,2006 10:21 AM
To: Peters-Katherine
Subject: FW: Date for John and Ruth Discher's petition to be heard
Agenda for January
s.,-I"i. '1?Itdlw
County Attorney
Monroe County
PO Box 1026
Key West, FI. 33041-1026
305-292-3470
From: susan rohe [mailto:slrlaw@bellsouth.net]
Sent: Monday, November 27,2006 10:12 AM
To: suzanne hutton
Cc: lee rohe
Subject: Date for John and Ruth Discher's petition to be heard
We have been retained to represent John and Ruth Discher in their bid to get the BOCC to remove their
affordable housing deed restrictions. Lee is asking that the item be placed on the January 17th BOCC meeting in
Key West. Connie in the County Administrators office says it needs to come from you. As you may recall, it was
scheduled to be heard in November until the Dischers decided to retain us prior to attempting to obtain a release.
Please advise if January 17th can be scheduled. Thanks. Susan Rohe for lee Rohe, Esq.
12/27/2006
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: 11/15/06 - KL
Division: County Attorney
Bulk Item: Yes No ~
Staff Contact Person: Bob Shillinger/Jerry Sanders
AGENDA ITEM WORDING:
Request from John and Ruth Discher to release the affordable housing deed restriction on their property
located at Lot 32, Block 10, Cudjoe Ocean Shores Section 2.
ITEM BACKGROUND:
Mr. and Mrs. Discher desire to sell their property (RE: 001886840-000000) unencumbered by the
affordable housing deed restriction, which was imposed when they obtained their ROGO allocation in
1997. The deed restriction runs until 2019. The Dischers contend that at the time they applied for the
affordable housing allocation, they were misled into believing that they would only have to pay the
impact fees in order to be released from the deed restriction. Staff has been unable to find justification
to support their request.
PREVIOUS RELEVANT BOCC ACTION: n/a
CONTRACTIAGREEMENTCHANGES: n/a
STAFF RECOMMENDATIONS: Reject request.
TOTAL COST:
BUDGETED: Yes
No
COST TO COUNTY:
SOURCE OF FUNDS:
REVENUE PRODUCING: Yes
No
AMOUNTPERMONTH_ Year
APPROVED BY: County Arty _
DIVISION DIRECTOR APPROVAL:
OMB1~~=~t-
SUZANNEA.H ,C UNTYATTORNEY
DOCUMENTATION:
Included X
Not Required_
DISPOsmON:
AGENDA ITEM #
Revised 8/06
MEMORANDUM
TO:
Commissioner Spehar
District 1
Jerry SlInden ~
Assistllnt County Att~ ~
FROM:
SUBJECT:
Johll .IId RllIh Discher
Affordable Houslll6 Deed Restrictioll RemoVIII Request for Lot
Oil Cudjoe Key
DATE:
FebrulIry 2', 2(J(J6
1. Mr. and Mrs. Discher have been attempting to have the Affordable Housing Deed
Restriction removed from the lot upon which their home is located for a
considerable period of time.
2. The original restriction was signed by Mr. And Mrs. Discher on July 2. 1997, and
recorded in the official record book 1427 page 1328. I attach a copy for easy
reference. The Deed Restriction for Mr. and Mrs. Discher is "for twenty (20)
years but shall not commence running until a certificate of occupancy has been
issued".
3. As you know, the dedication of a dwelling to the affordable housing pool gives
development benefits not otherwise available, specifically points in the ROGO
permit allocation system. Mr. and Mrs. Discher received those benefits when
they applied and obtained preference to receive their building permit in 1997. Mr.
and Mrs. Discher received their Certificate of Occupancy on June 30, 1999. A
copy is attached. Therefore, the Discher's Affordable Housing Deed Restriction
runs from June 1999 through June 2019.
4. The Comprehensive Plan requirement for the long term availability of affordable
housing permitted under the ROGO system is implemented in Sec. 9.5-266(f) of
the Monroe County Code. This section defines the requirements in the restrictive
covenant to insure compliance with the provisions of 1he affordable housing
section of the Land Development Regulations. [attache.d a copy for your easy
reference.
5. Mr. and Mrs. Discher have been in contact with the Growth Management
Division on nwnerous occasions over the past year. Attached is a copy of thegletter from K. Marlene Conaway, former Director of Planning and Environmental
Resources to Mr. and ~frs. Discher dated April 27. 2005, explaining the
affordable housing deed restriction requirements. Also, attached is a copy of a
memorandum from Tiffany Stankiewicz. Sr. Planning Technician. to Beth
LaFleur, fonner Director of the Lower Keys Island Planning Team dated August
11,2005, regarding the contacts Mr. and Mrs. Discher have had with that office.
6. No provision exits in the Monroe County Code for '"after-the-fact" rescission of
an Affordable Housing Deed Restriction. It appears that Mr. and Mrs. Discher are
desirous of removing this restriction solely because it is now economically
advantageous for them to do so. It is precisely for this reason that these deed
restrictions were initially implemented by the Monroe County Board of County
Commissioners in order that affordable housing would remain available.
7. Please do not hesitate to contact me if I can provide additional information or
clarification.
IS/mt
Enclosures
ree ,. U. U41&_P
.J.UtN'I ""II ICU. H IIUi.-Ift;;R
305-745-8187
JOHN AHDIltnH DISCHElt
22916 BLUEGILL LANE
aJDJOE BY. PL31042
1.305-191-6"1'19
1-30S-197..72.S3
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County of Monroe
Plaamlq De.publaf
2798 Overseas Highway
Suire 410
Marathon, Florida 33050
Voice: (305) 289 2500
F 10C: (305) 289 2536
Bfud .r C01llllV c..........'""'-II
Mayor Murray Nelson, DiIt. S
Mayor Pro Tern David Rke, Dist. 4
Commissioner Sonny McCoy, DiJL I
Commissioner Georse Neugent, Oist 2
Commissioner Shirley F~, Dist. 3
April 27, 2005
John & Ruth Discher
22916 Bluegill Lane
Cudjoe Key, FL 33042
RE: Affordable Housing Deed Restriction Removal request for Lot 32, Block 10, Cudjoe Ocean
Shores Section 2. Cudjoe Key (RE: 001886840.o00ooo)
Dear Mr. & Ms. Discher,
On April 14, 2005 you submitted a request for the removal of the Affordable Housing Deed
Restriction for Lot 32, Block 10. Cudjoe Ocean Shores Section 2. Cudjoe Key. There is no
provision in the Conty Code which would pennit the removal of the affordable housing deed
restriction. Policy 601.1.7 of the 2010 Comprehensive Plan states:
All afforable housing projects which receive development benefits from Monroe County.
including but not limited to affoTable housing points in the Permit Allocation System and
donations of land, shall be required to maintain the proiect as affordable on a IonS! term
basis oursuant todeed restrictions or other mechanisms specified in the Land Development
Regualations. and administred by Monroe County or the Monroe County Housing
Authority.
The Comprehensive Plan requirement for the long term affordablity of affordable housing
permitted under the ROGO system is implemented in Sec. 9.5-266(t) Administration and
Compliance of the Code. This section defines the requirements in the restrictive covenant to
ensure compliance with the provisions of the Afforable houisng Section of the Land Development
Regulations.
Applicants who previously qualified and then subsuqently received a homestead exemption
received a waiver of qualification provided they maintain a homestead exemption. Before new
occupants whether owner occupied or tennal occupant the prosepctive occupant(s) must meet the
qualifications for affordable housing. There is no provision in the Code or the Comprehensive
Plan to remove the restricte covenat before the end of the effective period.
Disc;her L32 B I 0 c~oc Ocean Shores See: 2
The County is committed to maintaining the affordablitiy of units that have been permitted as
affordable. If individuals were permitted to remove the deed restrictions at will. the complete
program would be undermined. I am sorry but I am unable to help you with your request.
Sincerely,
{~~?-
Director of Planning & Environmental Resources
cc: Tiffany SbIlJciewicz. Sr. Planning Tcchnic:iln
2
i
Page 1 of 1
Stankiewicz-Tiffany
From: Stankiewicz~ Tiffany
Sent: Thursday. August 11. 2005 11:38 AM
To: Lafleur-Beth
Subject: AFH Discher
On Aug. gll the Discher's came in to discuss th.-e affordable housing application (00188684.005000). They want
there deec:I restriction removed since they claim the house can not be sold with the restriction. We explained
Marlene Conaway already responded to a previous letter indicating the restriction could not be removed. If they
wanted they couk! submit another request. The Di8chers said they refuse to sign any more paperwork for
Affordable housing and would be talking to there Attorney. Mr. Discher inalC8ted his home would be worth more if
it burned down. They left the office.
On Aug. g", 2005, I returned a caD to Tammy G. regarding quesllons on Affordable Housing. I initially request a
location of the property and whether the property ts deveJoped or vacant to detennlne which atfordeble housi'1g
criteria needs to be explained. She indcated to me the property was vacant so I explained the current guidelines
regarding family size, max. seUing price limitation, Iq. footage. et ceteria. A1J we c:onUnued discussing afford8ble
housing. I was finally able to determine she was trying to help SOJMOne regarding affordable housing issues. I
asked again if the property W8S devek)ped and this time if It was the DIscher property. She s1ated the Discher
property of concern. I advised Tammy G. the guidelines I just explained were not applioable to this property. The
Discher applied for Affordable Housing In 1997 and where therefore under the old guidelines which are not
subject to a selling priCe or a square footage limitation. Someone who earned under 120% of the median income
could potentially qualify (58.450 x 120% = $70,140.-). I also expleined the purchaser does not have to live in
residence but could rent the dwelling unit within the quidefines {rent charged could not exceed {$70,140.-x
30%112 = 1,753.50' per month.
Later the same day (Aug. glh) lee Rohe. Attorney catfed me regarding general questions on Affordable Housing. I
asked Mr. Rohe if the property location and if it was developed or vacant. He would not give me any information.
I explained the affordable housing guideline are specific to the property.
8/11/2005
q'l- 1- OC}OLP
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the aol. owner of cuta1n ~.l pr:ope&1:y, altuate, lying and ba"t:;
in Kocaroe COUm:y, ft.t:. of FlorWa, de8CIribecl aa fOllowe.
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'1'bat WIder tbe proYL.~ Mt forth 1D Cba~ 9.5 of tbal MoIlroe
~y Laad De'ftllos--t Jblval.tione ....IJ: Shan ~ 1'..... ahall
be paid by mIY ~-, iacrludJ.D,g anr ~1:a1 ~, prior to
race1ving a baildiJ19 pmaJ.t for any new land ....los-ene ~ivUy.
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'l'hat under eM affordable bouaiDv pcovbJ.on. Nt f~h ~r
9.5 of &aid LaneS o...lopMDt: ltegUlat:lon., the owner or . f
the ~lICrLb8d ~.1 ~y bava ...." exe.pt:ed froe pa,..eat
of their "rail' Sban ~ ..... tal: a {(aback OM)
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IV. 'that: t:he _1., tru.f.r, i.Dheritance. ..e~ en: rantal of any
Mfordabl. aoua1Dg Ollie aM.11 only be to pe&'.... who qualify I.UldeZ'
. the Coum:y' e cu~ Affordab1.e Roua1ng eU.,Utllity r1l9l1r.-nU
.. eat:abU.hed ADd ueDCled froa ~~ to tiae. All o~ tM
ll'~iccJ.on. beJ:'ein. aball be bJ.ndJ.ft9 upon any tranafereee,
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v. '1'h&~ tbe cona.ant. Ithall be effect:J.ve for twenty (20) ,.are but:
.ball not e~ ll'UIUl.ln9 until a certificate of 0CCI'lIJl8.ftCY h..
beeft i..ued by the bu11dLn9 offleial for the dwelling unit: eo
whicb the covenant or covenant. apply.
Vt. That tbe3pp1J.e&At:(~ua" tbe aUordel. houei.Ag' progr.. to gain
a4dlt:lona po1nt:. 1n tM pa&'lDit: allocation ayat:_ P'U'.uane to the
ow.llJ.ng Unit: Allocatlon T.~ &.endaeDt:. ~1nanc. 016-1992.
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that: ~"''''f 18 u. ~ ~ t:1t:l. bal.s.r(.) of Ute ~lICr.l.bed.
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MONROI COUNt V
0" r CI AL RRCOROS
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~'V101l.rOC COUllt ',. j
gUll~en'
CBK"J.'.tI'IOATB OJ" OCCUPANCY
OWNSR:
DISCHER JOHN " RUTH
PERMIT NUMBER: 97~10000906 000 000
, "
THIS IS TO CERTIFY THAT THB BUILDING LOCATED AT:
L32 B 10 CUDJOB OCBAN SHORBS
RE NUMBER: 28-66-28-018868-40050-00
FOR WHICH PERMIT HAS HERETOFORE BBEN ISSUED. HAS BEEN COMPLBTBD ACCORDING
TO PLANS AND SPECIFICATIONS FILED IN THE OFFICE OF THE MONROE COUNTY
BUII..OING INSPSCTOR, AND THAT THE PROPOSED USE OF THE aUILDING, TO WIT, AS A
SINGLE FAMILY HOME
COMPLIES WITH ALL THE BUILDING AND HEALTH LAWS AND ORDINANCES OF MONROE
COUNTY AND IS APPROVED FOR THIS USE.
BK
10 LT 32 AMENDBD PLAT Ct.T
THE FOLLOWING INSPECTIONS HAVE BEEN MADE AND APPROVED;
FINAL BIOLOGICAL
FINAL ROOF
COLUMNS/TIE BEAM
FRAMIl-lG
AUGERS
GROUND SLAB
FINAL BUILDING
FINAL SEPTr c
ROUGH ELECTRIC - TOTAL
FINAL ELECTRlC
Ale DUCTWORK
FINAL AIC
ROUGH PL.UMBING - TOTAL
FINAL PLUMBING
SPECIAL NOTES:
THE FOLLOWING ROGa POINTS HAVE BEEN MET:
I.QUALIFIED FOR AFFORDABLE HOUSING
2.ULTRA LOW VOL. PLBG. FIXTURES
3.BEER 12
4. BPI 69.44
5 . SOLAR HWl-t
6.130 MFH WINO LOAD
7.155 MPH WIND LOAD
8.CERT. OF ELEV. IN PILE SHOWING SPR AT 15.7' TO
ROOFING (IN PROCESS)
SLAB/WOOD FLOOR
ROOF TRUSSES/SHEATHING
INSULATION/DRYWALL
BNCLOSURE - FINAL
Il-lSULATION - ONLY
CERTIFICATE OF ELEVATION
TEMPORARY POLE
ELECTRICAL SERVICE
ROUGH A/e
FREON LINES
GROl)h,) ROUGH PI.l1MBING
SEWER CONN8CTION
FF !,~; ~
1
DATED THIS 30 DAY OF JUNE 1999
F'RMIZ HARD1N; , : (<.-
BUILDING INSPECTOR
CERTIFICATE NL~BER 99-1000051
PHILIP STANDISH/:.. ~":'. ,
PLUMBING INSPECTOR
WALTER JENKINSI e fib -lol,,'
ELECTRICAL INSPECTOR
f 9.5-266 MONROE COUNTY CODE
b) Financial aid to bomebuyers as mortgage assistance,
inclusive of loans for down payment assistance;
c) Financial incentive for the conversion of transient units
to affordable residential units;
d) Direct investment in or leverage to housing a1fordability
through site acquisition, housing development and hous-
ing conservation; or
e) Other affordable housing purposes may be established by
resolution of the board of county COInmiRSionerB, which
shall act as trustees for the fund. The board of county
commissioners may enter into agreements with the Mon-
roe County Housing Authority; a quaHfied eommunity
housing development organization created by the board of
county commissioners, or a municipality within Monroe
County.
(e) Community housing development organization. The board
of county commissioners may establish a nonprofit community
housing development organization (CHDO), pursuant to federal
regulations governing such organizations, to serve as developer of
affordable housing units on county-owned property, including or
located in the municipalities oftbe county, upon interIocal agre&-
ment. In such event, the county may delegate to the community
housing development organization all or partial administration of
the a1fordable housing trust fund.
(0 Administration and compliance:
(l) Before any building permit may be issued for any &true-
~ portion or phase of a project to this section, restric-
tive covenants(s) shall be filed in the Official Records of
Monroe County to ensure compliance with the provisions
of this section rtlJlning in favor of Monroe County and
enforceable by the county and, if applicable, a participat-
ing municipality. The covenants for any affordable hous-
ing units partly or wholly financed by a public entity shall
be effective for a period of at least fifty (50) years. The
covenants for any a1fordable housing units relying wholly
upon private non-public fuu~neing shall be e1fective for at
least thirty (30) years. The covenants shall not coml1)ence
SUppa No. 88
800.160.2
I
(
LAND DEVELOPMENT BEGULATlONS
I 9.6-266
rnnning until a certificate of OCC11pancy has been issued
by the buDding official for the dwelling unit or dwelling
units to which the covenant or covenants app~
(2) Restrictive covenants for housing subject to the provi-
sions of this section shall be filed that require compliance
with the following:
8. Restricting affordable housing dwelling UDits to hous&-
holds meeting the income requirements of section
9.5-266(a)(6)a.
b. Restricting employee housing dweIliDg units to h0use-
holds meeting the income and employment require-
ments of section 9.5-266<aX6)b.
c. Restricting market rate housing dwelling units to
households meeting the employment requirements
of section 9.5-266(a)(8)a.
d. Restricting affordable and employee housing dwell-
ing units to no more than thirteen hundred (1,300)
square feet of habitable space.
e. Prohibiting tourist housing use or vacation rental
use of any housing developed under the provisions of
this section.
(3) Tbe eligibility of a potential owner-occupier or renter of
an affordable, employee or market rate housing dwelling
unit, developed as part of an employee or affordable
housing project, shall be determined by the plAnning
department upon submittal of an affidavit of q1JaJifi~tion
to the pJAI):Qjng department. The form of the aflidavit
shall be in a form prescribed by the plAnning department.
This eligibility shall be determined by the p)~nning
department as follows:
a. At the time the potential owner either applies for
affordable housing ROGO allocation, or applies to
purchase a unit that utilized affordable housing
ROGO allocation; or
b. At the time the potential renter applies to occupy a
residential unit that utilized an affordable ROGO
allocation.
Supp. No. 89
800.160.3
f 9.5.266
MONROE COUNTY CODE
(4) Except as provided in paragraph (5) below, the property
owner of each affordable employee or market rate ~
dwelling unit, developed as part of an af1brdab1e or
employee housing project, shall be required to aanuaIly
submit an affidavit at qUAlification to the plAnn;". de--
partment verifying that the applicable employment and
income requirements at paragraph (2) above are met. The
annual aftidavit of qualification shall. be in a form pre-
scribed by the p)~nning director and shall be filed by the
property owner upon receiving written notification by
certified mail from the p)fl"ning department.
(5) The owner-occupant of an affordable, employee, or JD8J'-
ket rate housing dwelling unit, developed _ pert of an
affordable or employee housing prqject, who has received
a homestead exemption as provided for under the PJ.o:rida
Statutes, is not required to submit an annual aflidavit of
qualification 88 required above in paragraph (4) if that
owner-occupant W8S qualified previously by the plAnning
deparbnent. Prior to any chAl'\ge in ownership (inducting,
but not limited to: sale, assignment, devise, or othenrise)~
the owner-occupant shall be required to provide documen-
tation to the p1Al'ning department in a form prescribed by
the planning director proving that the potential OCC11py~
ing household is eligible to occupy that unit prior to a
change in ownership of the property.
(6) Failure to submit the required annual verification as
required in paragraph (4) above or failure to provide
documentation prior to change in ownership required in
paragraph (5) above shall constitute a violation at the
restrictive covenant, the conditions of the certificate of
occupancy and this chapter.
(7) The restrictive covenants for affordable and employee
housing required under this section shall be approved by
the growth management director and county attorney
prior to the recording of the covenant and issuance of any
building permit.
(g) [Reserved.]
Supp. No. 89
800.160.4
LAND DEVELOPMENT REGULATIONS
f 9.5-267
(h) I~rlocal affordable rate of growth allocatUm a.greementB.
The Monroe County Board of County CnmmilUrioners may autho-
rize interlocal agreements between the county and the cities of
Marathon, and Key West, and Islam.~ Villap of glands for
the purpose of sharing residential rate of growth aftOrdable
housing allocations. The interlocal agreements may be based
upon a specific project proposal within one or more jurisdictions
or may be for a spec:i.tic allocation of units on an annual basis.
from the county to a municipality or from a municipality to the
county. All allocations made available to a jurisdiction must meet
the applicable affordable housing requirements of the receiving
jurisdiction's land development regulations and aft'ordable hOWl-
ing (JI'fUn8llCe8.
(Ord. No. 33-1986. f 9-306; Ord. No. 40-1987. If 6. 73, 74; Ont.
No. 6-2001. f 2; Ord. No. 003-2002. 11; Ord. No. 013-2002. If 1.
2; Ord. No. 030-2003. H 5-8; om. No. 047-2008. f 1; Ord. No.
036-2004. f 2; Ord. No. 035-2004. f 4)
See. 9.1-..,. H-mmum hotel-motel, recreational vehicle
and butitntiODal residential densitiea.
Jla. NflI
AllocGRd ~
Lt:mtl u. ~ (roDI'IUlbuJld4bN
IMtrit:I and U. (romu/~ tu:rd a.SA. ·
Urban Commereial:
Hotel 10.0- 19.0 0.2
ID8t. Rea. 1&_0 24.0 0.2
Bee. Rental 15.0' 1&.0" 0.2
Urbul
Remda..t.:.l.
last. ... 10.0 20.0 0.2
Urba Be8ideotial JI.oblIe Home:
Bee. ..tal I 5.0 I 1.0 0.2
Urban ~ Mobile Home-Limited:
Bee. Reot8l 6.0 7.0 0.2
Bot.el 10.0 U1i.0 0.0
Jut. Res. 5.0- 20.0 0.0
Bee. Beat8l 10.0-' 10.0* 0.0
Sub Urban Residential:
1nBt. Rea. 3.0 6.0 0.&
Hotel 5.0 litO 0.5
Bee. Rental 6.~ 10.0- 0.5
Demlletion Reeort:
Supp. No. 90
800_161