HomeMy WebLinkAbout08151996 ZBA Minutes~
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• ZONING BOARD OF ADJUSTMENT
MINUTES FROM AUGUST 15, 1996
The Zoning Board of Adjustment came to order at 7:30 p.m. with the following
members present: Chairperson Sterling Minor, Vice-Chairperson Sue Porretto, Amy
Selig, Michael Neal, Melinda Snell, and Ty Hutchins. Absent were Frank Billings,
and Lee Huber. Present from the City were Chief Building Official Dennis Holm and
Building Secretary Susan Thorn. Sterling Minor recused himself from participating
in the Public Hearing of Docket No. 96-09. Vice Chairperson Sue Porretto presided
over the meeting.
The first item on the agenda was the hearing of the residents.
No one was present.
Notices were read and participants were sworn in.
Sue Porretto made a motion to approve the notices as posted, with Michael Neal
seconding the motion.
Voting for: Minor, Porretto, Selig, Neal, Hutchins and Snell.
• Voting against: None
The motion carried.
The second item on the agenda was Public Hearing of Docket No. 96-09, concerning
property located at 3611 University, Lots 7,8, 9~ the East 1/2 of Lot 6, North 1/2 of
Lot 11, Block 23, West University Place First Addition. This was a request for
variance filed by West Methodist Church to allow playground equipment in the side
setback.
The property owner's representative Douglas Caldwell, Senior Pastor of West
University Methodist Church gave the following as the reason for the request. Dr.
Caldwell stated: "The considerations the Church would like the Board to think
about in perhaps granting the variance. The church believes a playground is an
integral element of the church. The church has a state license preschool facility.
The State of Texas has very specific requirements for playgrounds and their
equipment when you have a state licensed preschool. The school at any given time
there may up to fifty five children on the playground. The mercer street playground
is the largest of the Church's three playgrounds. The church school ministry is
historic and has been a part of the church for forty seven years. Primarily the
• students are community children with only one third of the attendees being
members of the church. The church put about seventy thousand dollars into the
playground. 1.6 acres extremely narrow strip of land. during the recent building
a.
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CHAPTER22 Ur-l~an Forest Presuvatioa and Eahauccnieai
Sec 22.003_ Trcc dispositioa conditions (for buildiag pcrmits); tree surveys
•
(a) Ger,eral requiremenL Every p~.mut for devdopm~ut ar predevelopmeat activity m~ ~nta;~
t~e disposition oonditions meeting the requiremeats af this ~actio~
(b) Essential end mandatory condiliorz~ ~'i+ee d~a oonditia~ns are the mast i~m~orta~t ~
of protecting flie urban forest uf the CS~ty firom u~able ha~ dudng develogmea~t sad p~-deve~op~t
acx~r%ty_ Trx disposition condi~ons shalL-
(1) ' Prohibit r~uoval of or damage to aay la=ge trae, exapt):
(7 irmaval of a t~roe which is d'L~ea-~ed, s~v~a+dY d~aged or dead may be au~ori~ad;
and
(u) damage to or removal af'a t~roe wbich ca~ses sa vurea~oaable iinpodimemt to $ie use
- and eajoymeatof 8~$pplicamC's ~npatpmay 6e~ and
~'m7 damag~etoor~mavaiofa~ovu~valuot~+xmaybe~ad..
Cl) ~oqu~e reP~aaemeat trees, t~o ~,e tx~a~t proaid~od ia~e ~ram~I, fOr a~-lazge ~+acs
~ au&ocmad to be Damagod orR~od. h~orr No repla~oeatemt is ~uqciirad for Iow~
value irees -~-
~ ' Requi~ protedioa for Iarge trees (and G~ificai Raot Zoaes~. Th,e co~a~.s snaSr ~
ffi~ iue~ods a~fp~t~ac~ia~to bet~sad.
(4) RequuG fl~ut say at~ammad damage t+o frees be mini~ni~ed and ~tod. 3he oa~d'zfions
mayspe~fY mc8~ods ofmi6g~ofio~~o bo usad.
(~ Roqv~if~eism~gord+cweio~~~~odanbja~s~ea~inaminimnm
pLaafmga(~ndard of~dmsitpas ~f+o~m~~m~tnuaL
(c) Pnocedure The innldiqgoffi~aals~allnotis~eany~mrtfa~saqdevdopmemtorPra-
devoeio~tActivity ~mless aII flte ~ollowia,g ~ Sust oaxrmod:
(I) TrocSwr~rey. The~tmustba~efiledatrxsvcvr.y,an,d8ic~~mastlrave
a~owod itforcomplianoev~~is d~x
Cl) Ti~ae Dispasifion Da~fia~ns. ~3roc ~Sposa6a~oo~fioas ap~x~avoad byt#ve m~anfa~esGer
mvst have beea insa~od in~o l~e~it Z~~e v~aaf~ m~y raqun+e a1t pe~o~ns c~g ~,and
wha~ a trae is Iocat~eci to agree ~o aaq removal of cr dam~+e ~o ~e tree ~um~adby ~e ooad'ifions
~(~ "Low-~imp~act" ~awe~tion. Exoept for S~e roquire~neat ~o iasat 8~e manda~y ca~, ~'r,s_.
~tiva does not apply ~o a subject sct;~, p~oject or aflier activity S~t w~l aot ~~avc saq significaa~ adver~e
cffect upon anY Iarge tree, as d~mined bY t~e urbaa forester_ -- -
trnc.vtreef.arm
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• program the new building was constructed without losing the church parking lot
required by city ordinance. There is no other location for a playground. The loss of
the mercer st program would put a severe hardship upon the church. If the state
were to say the school would have to cut its enrollment because the playground had
to be eliminated it would jeopardize the churches ministry which is very important
to the community. The church requests the Board grant the variance.
Ty Hutchins asked "On what days is the school open? Mr. Caldwell replied "The
school is a licensed preschool open Monday through Friday with a daycare for
Mothers Day out on Tuesdays."
Sue Porretto asked "When the playground equipment was placed at the Mercer
Street location what was the reason for the placement in that location and was the
playground equipment shown on the original construction plans for the new building
and renovations?" Mr. Caldwell replied "It was the only location available because
the new building took up the previous playground area and there is no other place
on Church's property where it could be located. On the plans the area was labeled
playground and the Church was issued a permit for the fence to enclose the
playground." Mr. Caldwell also stated " I feel it was simply an oversight that the
playground equipment was not noted by the City Building Division."
• Michael Neal asked "Did the number of students increase after the new building was
constructed? Mr. Caldwell replied "The building was constructed in order to meet
needed space requirements to enroll larger numbers of children. The school has
probably increased its enrollment by only fifteen more students."
Ty Hutchins asked "Did the new building occupy previously vacant ground?" Mr.
Caldwell stated "The new building replaced a u-shaped courtyard where the old
playground was located."
Michael Neal asked "Do the State regulations being referred to mandate the size of
the playground or do they also mandate the type of playground equipment?" Mr.
Caldwell stated "The regulations are very specific which mandate the particular type
of equipment required."
Ty Hutchins asked "What would happen if the playground equipment were removed
and there was only vacant land? Mr. Caldwell explained "The Church would have
to go to the State of Texas and request some kind of variance on the church would
have to lower its preschool enrollment."
Tamara Palmer of 2904 Quenby spoke in favor of the request.
Ann Blackwood of 6644 Mercer spoke in favor of the request.
• Will Betrand of 3723 Rice Blvd. spoke in favor of the request.
Several letters were received in favor of the request.
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CHAPTER22 Url~an ~orest Preserva6oa and Eahancc.ment
Sec 22.043_ Tccc dispasition condi6ons (for baildiag pcrmitx); tree surveys
i
(a) General requiremenl. Every pumit for develapmeat or pro-developmeat activity m~ ~n~
~roe d'isposi~ion oonditions meeting the raquu+emeuts of t~is ~adio~
(b) Fs~ential ond mandatory corrdi[iorts Trae dispasition ooaditions are t~e mast in~o~z ~
of prota~ng flie urban forest af ~e CS~iy from ~mre~onable harm durin,g dcvelopmea~t and pre.dev~ap~~i
ac~ivity_ Trx disposition condihons shall:
Cl) ~ Prohibit resnov~I of ar dama~ge to airy large tz'ees exo~pt)-
(~ rar~oval uf a irae which is di~ea.sed, scv~relY d~ed or dead ma~' be az~orirz,od;
and . , -
('u) damage to or ranoval of a~~ich ca~uses aa w~so~ble impodimea,t t;o fl~e u9e
• $ad eajoyment of ~ applic~maC's p~opaiymgy be a~toii•t,od; and
Ciu7 damage to ar remvvai ofa iovwval~+e t~+x may be suHioarad..
CZ) ~eqv~ rePiac~u~t trees, t~o ~,e e~a6avtp~vid~od in~,e ~am~nuat~ far aay Ia~ge ~oes
auSio~od to be Damagod orR+ema~v~od. Baoe~orrNo repla~ea~t isroqsunodforlo~
value ti~ae.s. '~.
~ ' Requir~ protedian for large tz+ees ~aad CScificai Raot Zoaes). Th,e o~a~ns =nay ~
fl~e m~iods ofpmt+ar.tia~a to be v~9od.
~~ R,oquu+~ fl~t anp av~am~od aamage !~o tc+ees be ~m~ed and mi~ted. ~e oa~ions
~Y SP~3' ~ods afm~a~t+o bc u9od.
(S~ Req~re, if~+e is m~goz d+cweiopm~ ~ct &e a~~oct+od sobja;t s~e a~aina mioiQUam
pLanfmg s~andard of~rae deasity as set fo~ uiSte c~i~euam~n~aaL
(c) ~~cec~ure. ~he bunldin,g offiiczal s~l nat isswe aay peamit f~or aay d+e~opmea~tor Pr~-
dc~el~tAcxivity tmle.ss aII ~e followiag ha~re Sast oaxraed:
~1) TreeSu~ep. The~tm~stba~eSlodatroes~av~eq,an,d~vc~aaf~~mastbave
a~co~v~od it for oo~liano~ ~ ~ns ~x
(~ TreeDis~sifioaCoad'~fivas. ~rxdi~ofioaco~fiaosap~avoadby~emi~aafa~
mnsthavebeeainsat+ed in~~bo 8~p~rt. I~~f~m~yraquireatiPe~o~asov~iqgLsad
whac a trx is Iocateci to agc+e~ to aaq remavai ofor damag+e to flx trae ~odbq ~e oond~fioas
~(dj '"Low-~irnpact" ~acoeption. Exoept for 8~e roqc~nt ~o iusat ffie mand~n6o~y coad'iGi~s, tius^
sectioa does not appiy tA a subJect sit~ project or o~er activity 8~ot ~n'll not havc aay s~iSic~ adve~e
cffect upon anY Iarge tree~ as deteimiaed by t~e urbaa forester_ -
h~nc.vtreef:orm
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• Dennis Holm Chief Building Official gave the City's position: "The City requests
Ordinance 1493 be complied with or the Zoning Board of Adjustment grant the
variance." Mr. Holm further stated "This came to the attention of the Building
Division when a similar violation was brought to discovered by the Building Division
at the West University Baptist Church. The plans only showed an enclosed area."
Melinda Snell asked "Did the playground equipment pose any kind of safety hazard
because of it location in the setback? Would the Fire Department be able to
manoever around equipment if there were a fire?" Mr. Holm replied "It did not pose
a safety hazard and he did not know the history of the reason for the restriction."
No one spoke in opposition and no one spoke in opposition.
Amy Selig made a motion to close the evidentiary portion of the hearing. This
motion was seconded by Ty Hutchins.
Voting for: Porretto, Selig, Neal, Hutchins, Snell and Selig.
Voting against: None
Ty Hutchins made a motion to approve the notices as posted. Sterling Minor
• seconded the motion.
Voting for: Porretto, Selig, Neal, Hutchins, Snell and Minor.
The third item on the agenda was Public Hearing of 96-10, concerning property
located at 6218 Auden, Lots 1 thru 9, Block 19, Collegeview First Addition. This is
a request for variance filed by the West University Baptist Church for allow
playground equipment in the side setback.
Jeff Fuqua, the Minister of Education for West University Baptist Church gave the
following as the reason for the Church's request: Mr. Fuqua stated
Nancy Wise and Hollis Walsh spoke in favor of the request.
No correspondence was received in favor of the request.
No one spoke in opposition of the request.
Ty Hutchins made a motion to close the evidentiary portion of the hearing. This
motion was seconded by Melinda Snell.
• Voting for: Porretto, Selig, Neal, Hutchins, Snell and Minor.
Voting against: none.
CHA.PTER 22 Uri~~n Forest Prese.rvatioa aad Eahanccmeat
Sc~ 22003_ Trcc disposition coaditions (for building permiis); tree surveys
•
(a) Ge,reral requiremenL Every pe,rmit for developmeut or pr+~-developmeat activity m~ ~n~
trae disposibion oonditions meeting the raquiremeats af ~is ~earon.
(b) F,ssentiQl and mandatory condiliort~ ~i+ae disposifia~ oonditions are the most iniporta~x ~S
of protecbing ~e u~aa forest of the C~iy from ~able ha~ dudag dcvelopmea~t and pre-de~ap~~t
ac~vity. 3'rae disposition conditions shall:
(1) . Prnhibit remov~t of or damage to any lacge iree, eacoqrt~:
(~ removal of a t~roe w~ucb is d'i,.~easad, se~aely damaged or dead may be au~oriez~od;
and , ,
('u] damaSe to or ranoval vf a~noe wbich ~ aa umc+~oaable im~odimeu~t to ~ie vse
' sad eaJoymeat of ~e applicaa~f's ~opaipmsy 6~ ~um~ozi~od; snd
Ciu7 damag+etoorremovalofaiaaFVal~o~e~+oemaybomi&oarod.
(~ itoquinereptaameaEtrces,t~o8~eaa(~tp~+o~ria~odia8~,ec~eaama~al,forsapls~et~
auflio~ad to 6e Damag+od orR+~o~red. 8~aa~orrl~To rq~laoememt is roquu~ed forlow~
value ti~ -~-
(~ ~ Require protectiaa for ~Cge troes (aad ~i Ruot Zoaes?. Z~,e ea~Sia~as map ~
8ie m~ods vfprot~acfiaato beu9ed.
('~ Roqum~ fl~aut sap aa8~ed damag+e t~o ~s~ees be m~od and mi6~ataed. Th~ c~a~fions
maYSPa'~fY n~e~ods a~~~o be~sad.
tS) geq~,if~ieism~gos~dc~Feiopam~~tth~s~odsab~a;tsi~ea~b~aminimum
pfan6ags~andard oftroedmsiiyas aetf+ot~m~e~m~naal.
(e) Pr~ocec~ure. ~he bsnldin,g offteial st~atl not is~e aay peamrt fae any d+~vdopm~ta~ Pra-
deweio~Activity ~mless aII fl~ folloarmg ~e Srst oocumocl:
Ci~ Trae~vep. Thespplic~tmustbavoefilodatroe~q,an,dfl~tubaaf+o~sbamosthave
apprav~od it foraomplianoe wi& ~is c~
(~ TrxDisposifionCaad'ufivns ~rxdis~fia~c~fiaz~s~dby8~m~aafa~
masthav~e beeainsa~ed in~o 8ie~rt. 3hesu~~aat+ores6rraaayraquu+eatlPe~o~a.sov~iand
wiiae a trx is Ioca~t~ecl to a~e ~o aap removal of a~ d~ge to t~ t~noe a~'r~odbq ~e oond'cfioas
'(dj "Loiv,impact" ezoe~tion. Eacoept for fl~e roquir~t t,o iusest ~e manda~Goiy ea~fioa.s, ~is_
~oc~iaa does not apply to a subjec:t scte, project vr oSier ac~nity 8~at w~l aot have any ~ adver~e
effect upon anY large tree, as deteimined by t~e urbaa forester_ . .
h:ne..v-eef.orm
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• Motion carried.
After a brief discussion of Docket. 96-09, Ty Hutchins made a motion to grant the
variance to allow the playground equipment to remain in the side setback. This
motion was seconded by ?.
Voting for: Porretto, Selig, Neal, Hutchins and Minor.
Voting against: None.
Motion carried.
After a brief discussion of Docket No. 96-10, Ty Hutchins made a motion to grant the
variance to allow the playground equipment to remain in the side setback. This
motion was seconded by Sterling Minor.
Voting for: Porretto, Selig, Neal, Hutchins, Snell and Minor.
Voting against: None.
Motion carried.
• Melinda Snell made a motion to approve the minutes from the July 18 meeting. This
motion was seconded by Amy Selig.
Voting for: Porretto, Selig, Neal, Hutchins, Snell and Minor.
Voting against: None.
Motion carried.
Amy Selig made a motion to approve the minutes from the June 26, 1996 meeting.
This motion was seconded by Sterling Minor.
Voting for: Porretto, Selig, Neal, Hutchins, Snell and Minor.
Voting against: None.
Motion carried.
Michael Neal made a motion to adjourn the meeting. This motion was seconded by
Sterling Minor.
• Voting for: Porretto, Selig, Neal, Hutchins, Snell and Minor.
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C~IAI''[~R Z2 Urb~n Forest Presen%atioa and Euhaaccmeai
Se~ 22.003_ Trcc dispositio~ conditions (for building pcrmits); tree sarveys
~J
(a) General requiremeni Every peimit for developmeat or pra-developmeat activity m~ ~n~
t~nec disposition oonditions moeting the requireu~euts of Sus sec~iion.
(b) F.ssential ~nd mandatory conditions ~'i+ae dispasi~ion oonditions ane the most impo~ant n~
of protecting the uc~aa forest of t~e Cfity from ~Ie vaam ducing dcvelopme~nt and pre-de~op~~i
adivity_ Troe disposition condihons shall:
(1) ~ Prohibit remov~I af or damage to aerp large tree, eacoe~:
(~ ~va1 of a~roe wbic~ is di~ad, ~ev~a+dp damaged vr dead may be au$~o~,~;
and .. , .
Cu) damage to vr s~anoval af a~ae ~ich caases sa t~mc~easoaable impodimeut to flie use
• aadealoymeutof~esppli~~opaipmaybe~ and
~'iu7 da~mage ~o ar removal ofa Iovawaluo tz+oe may be au&aar~ad.
C1) i~Oquire re~taceai~t frees, t;o ~,e esab~tp~vi~od ia ~,e ~maa~ fer aay ~ge tr~s
au&o~od to be Da~mag+od orlt,m~o~od. E~o~orrNo is roqsunad for Io~a~
value ~~aes_ ..c.
(~ ' Roquire protec.~oa for Iargefroes (aud ~iRootZoaes~Zheoa~difiaas may ~
~e m~ods a~'~oroc~aa to be usod.
('~ Reqmrc ffiaot 8nq ~ua~omi~od damage t+o trees be 'minimized aad mi~Ggat~od. T1x o~o~cons
~Y ~Y me6iods ofmi~fi~O6iaa~~o beusad.
C~ Roqmre,if~a~eism~gard~eiop~~ct~a~OC~odavbjoctsi~e~aminimam
pLanSmgs~aadard oft~aedeasitpas setfn~m~c~amaa~o~aL
(c) I'~ocedro~e The b~i1d'i~g afficxai ~aI1 not issue any pe~ut fnr aay devdopme~ta~ Pra-
dc~eioPmeat Adiviiy zmless $Il ~e followia~ hs~e Sa~t ooc,umed:
(Y) TrxSuiv~ey. The~tmvstba~eSledah+oesn~y,an,dfl~cv~aa~o~amastl~ave
a~OV~ed itfa~aomplianoe~~is ~
Cl) TraeDisposifion~b~fio~s. ~re~d'i~o 'sr~oaco~,d'~esapp~nodby~enc~aafa~~ber
ma~thav~ebeeainsa6ad imbo 8~peamit Them~aaf~am~qroquireaZlPa~o~as ow~gtaad
wlia+e a tre~ is Iocat+ecl to agc+ee m anq removat of or d~ge to ~e trae a~m~'r~odbq fl~e coad'Ifioas
'~dj "Law,impctcx" exoe,~tiorz Eacoept for Sie req~i~ i;o ia~ett~e m~ud~nbozy ca~difiaas, fl~is~
~tioa does uot apply to a subject sct~, p~ject or ofl~er a,c~iv~ty ~t w~l nvt bavc saq srg~uficaa~ adve=se
cffect tipon anY large tree~ ss deteimiaed by t~e urb~a foreste~ .
h:nt~vlreef orm
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~. • .
• Voting against: None.
Motion carried.
The meeting adjourned at 9:00 p.m.
CHAIRPERSON
ATTEST:
SECRETARY
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C~i.A.PTEit 22 Uri~~a ~orest i'reservatioa aad Euhaaccment
Scc 22003_ Trc;c dispositior~ ~oaditions (for buildiag pcrmits); tree surveys
(a) General requiremeril. Every peimit for developmeui or pr+e-developmeat a~tivity m~ ~n~
tnoa disposi~ion oonditions moeting the requir~ts of this ~action.
(b) Fssential Qnd mandatory condi[iort~. ~~ae di~sitioa conditions are t~e most important ~S
of protecting flie u~aa forest af the CS~iy from unrea~onable hanm dud~g dcvelopmea~t and p~.deveiop,m~~
adivit3'- Troe disposi~on oondifions shall:
(1) ~ Prohibit remvval vf or daaiage to any Lacge h~ec, eacoept):
(~ removal ofa irae wbich is d'~sea9ed, ~Y d~ed o~'deadn~aY bea~o~,ed;
and
(u~ damage t;o or c~emoval vf a~x which caQS~ aa u~soaable im~~odimeat to ~e vse
• aadeaJoymc~tof~applica~~opaiymay 6ea~orimod; and
Ciu7 damsge to or removal afa l~~-valuo ~+oe ma~r be s~aarod.
C~ ~~Piaceaieat ts+ees, to ~e taabeait p~+ov~ded in 8~,e c~beuamamnal, for any Ia~ge ~~aes
suS~aa~ed to be Damagod orR,emo~od. E~aoe~Gorr No rq~laoau~t is ~ for Io~
value iraes. '~.
(~ ' Require prot~ction far ~arge t:~ees (and aci~Cai Root Zoaes). Th,e coa~fiaaos may
8~mc&ods of~ara~to bet~od. ~
(~ Reqmr~ fl~t any a~o~a~mod dama~+e i~o trees be minimuzed sad mi~tad. The oa~nc~,fions
~Y SP~Y meH~ods ofmn6~,o~a ~o b~ usod.
t~ Roqaiu+~, if~+e is magor d~do~n,mc~ ~t 6~e affec~tod anbja:ts~e a~aina minimvm
pLanfiuga~aaaard oftzeedmsityas ~frn9~m~~m~wamL
(c)P»ocedsa~ Theb~n'1cTiqgoffi~s1s~ilnotissv~esaype~utfa~anydevdapmemtorPr~-
dev~eiopme~t Acxiv~itp ~mless aIl ~e follawia,g hsva~ Sast ooaxa~ad:
(1) TreeSun~cy. The~tmustba~neflodatroesu~c.y,aadflknc~aa~masti~ave
~od itforoompli~uoew~S~is cba~
(~ Trae Disposifion Coa~6~ons. ~3roc d~os~fioaoo~fio~s ap~o~rod by~,e nti~aa fa~
mast i~ave b~ea in~+od "m~bo 8~pe~it 3~,e tu~ufnt+asbrr mayraq~nre at! Pe~a~as ov~iqg t~nd
whaG a~+ae is Ioc~ed to agi.+ee ~o aaq removat of ~ damage to ~ trae ~adbq ~e oaa~fions
'~~ "Low im~va~ct" ezoe,~tion. Exoept for 8~e roquirernea~t t,o iuse~t ~e ma~nd~uto~y ooa~fi~s, ~us^
sacbion does not apply to a subjec;t si~e„ pz+oject or o9ier activity 8~aat w~l nvt have sny srgaific~ adve:se
effect n~pon a~' large ire~ as d~ermined by t~e urbau foresrex ~--- -
h_nc.vtrcef orm
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