8. Dick Henning, 850 Flying Cloud Dr: Amend Condition to Interim Use Permit.CITY OF
CHANHASOrN
PC :DATE: 8/20/97
CCDATE: 9/8/97
CASE ke, 96 -21UP
By: Kirchoff :v
. .... --., W-1
-M
STAFF REPORT
PROPOSAL: (1) An amendment to interim use permit 96 -2 to allow a 32 sqo ft.
monument sign...
(2) A request for an eight (8) foot variance from the twenty-four (24) sqo ft,
monument sign requirement.
LOCATION: 850 Flying Cloud Drive
(Northwest comer of Hwy. 101 and Hwy. 212)
APPLICANT: Dick Henning
737 Ashley Drive
Chaska, MN 55318
(759 -5043)
PRESENT ZONING:
ACREAGE
DENSITY:
ADJACENT ZONING
AND LAND USES:
A -2 Agricultural Estate District
10 Acres
N/A
N: A -2, Agricultural Estate District
S: A -2, Agricultural Estate District
E: BF, Fringe Business District
W: A -2, Agricultural Estate District
WATER AND SEWER: Not available to the site
PHYSICAL CHARACTER: This site contains an existing nursery consisting of a retail
building, two agricultural , buildings, display areas and
growing ranges.
2000 LAND USE PLAN: Medium to High Density Residential and/or Office
Henning Amend IUP /Sign Variance
August 20, 1997
Page 2
PLANNING COMMISSION UPDATE
On August 20, 1997, the Planning Commission held a public hearing to review the
application for the amendment to the interim use permit and the sign display area
variance. The request was denied by a unanimous vote. They stated that a substantial
amount of information was omitted from the application. They would have liked to review
the color and style of the sign rather just than a concept. In addition, they did not believe
that a hardship was demonstrated.
APPLICABLE REGULATIONS
Section 20 -257 states that only one (1) monument sign maybe erected on a lot, which shall not
exceed twenty -four (24) sq. ft. in size or be more than eight (8) feet in height (Attachment 2).
BACKGROUND
In July 1996, an interim use permit was approved to allow the applicant to operate a wholesale
and retail nursery at the property located at the northwest intersection of Hwy. 101 and Hwy. 212.
This approval was subject to fourteen (14) conditions, one of which required the applicant to
construct signage that complied with the City Code. The ordinance permits a sign which is a
maximum of 8 feet in height and 24 sq. ft. in sign area. This is essentially a six (6) foot by four
(4) foot sign.
ANAI NSIR
The applicant is requesting an amendment to the interim use and an 8 sq. ft. variance from the 24
sq. ft. requirement to allow a 32 sq. ft. monument sign. The applicant would like an 8 foot by
4 foot sign. The reason this application includes both an amendment and a variance is because
the IUP was approved with the condition that the sign comply with the ordinance. The variance
request is based upon Section 20 -257 which states that a 24 sq. ft. monument sign is the
maximum permitted. The request is based on the need to attract customers traveling on Hwy.
212.
Staff does not believe that allowing an additional 8 feet will be' detrimental to the area since it is
located at the intersection of two highways. Furthermore, this is an interim use and will
terminate one year after the availability of sewer and water service. This will not be a permanent
use of the site as it is guided for medium to high density residential and/or office uses. However,
in order for staff to fully support the proposed signage, any connotation towards a landscaping
business will have to be removed from the monument sign. The IUP was approved because the
applicant and operator agreed to utilize this property as a wholesale and retail nursery not as a
Henning Amend IUP /Sign variance
August 20, 1997
Page 3
contractor ' s yard ( i.e. landscaping business). In addition, a condition of approval of the permit
p g
was that no contractor's equipment be stored on this property.
same maximum square footage is required in the neighborhood business, fringe
business and office and institutional districts, staff is of the opinion that this area of the city tends
to be more ru ral -like or natural and a smaller sign may not be seen by those traveling on Hwy.
212.
Staff recommends that the applicant be allowed to construct a monument sign with a maximum
size of 32 sq.
ft based on the findings in the staff report and subject to conditions.
FINDINGS
The Board of Adjustments and Appeals shall not recommend and the City Council shall not grant a
variance unless they find the following facts:
1 enforcement of this chapter a. That the literal ter would cause an undue hardship. Undue p
hardship m means that the property cannot be put to reasonable use because of its size,
physical surroundings, shape or topography. Reasonable use includes a use made by a
majority of co property within 500 feet of it. The intent of this provision is not to
mad o y p p p Y
allow a proliferation i
of variances, but to recognize that there are pre - existing standards n
this neighborhood. Variances that blend with these pre - existing standards without departing
downward from them meet this criteria.
• he applicant may h ave a hardship in that the location of the
Finding. Staff believes that t pp y
it nurse warrants a larger sign. wholesale and retail nursery g That is, being located at the intersection
of two state highways to hi hwa s does make visibility greater, however, potential customers need to be
able to read the sign going at faster speeds.
b. The conditions upon which a petition for a variance is based are not applicable, generally, to
other rop e �Y within the same zoning classification.
P
• conditions applicable to other roe
Finding: The conditions are not pp property �Y within this zoning
g
classification as most are residential uses.
C. The purpo of the variation is not based upon a desire to increase the value or income
potential of the parcel of land.
Finding. purpose • The u ose of the variation is probably based upon the desire to increase the
income of the nurse ry by making it more visible.
d. The alleged difficulty or hardship is not a self - created hardship.
Henning Amend IUP /Sign Variance
August 20, 1997
Page 4
Finding: Staff does not believe that this hardship is self - created, however, the applicant
could have had this issue resolved when the interim use permit was approved last year.
e. The granting of the variance will not be detrimental to the public welfare or injurious to
other land or improvements in the neighborhood in which the parcel is located.
Finding: Staff does not believe that that larger sign will be detrimental to the public
welfare or injurious to other land or improvements.
f. The proposed variation will not impair an adequate supply of light and air to adjacent
property or substantially increase the congestion of the public streets or increase the danger
of fire or endanger the public safety or substantially diminish or impair property values
within the neighborhood.
Finding: The proposed variation will not impair an adequate supply of light or increase the
congestion of the highways or increase the danger of public safety.
RECOMMENDATION
Staff recommends that the City Council adopt the following motion:
"The City Council approves the amendment the interim use permit #96 -2 to allow for an 8 sq. ft.
variance from the 24 sq. ft. requirement for the construction of a 32 sq. ft. monument sign based
upon the findings presented in the staff report and subject to the following conditions:
1. The applicant must remove any connotation to a landscaping business /contractor's yard in the
wording on the monument sign.
2. The applicant must obtain a sign permit.
3. The applicant must place the monument sign 10 feet from the property line abutting Hwy. 212.
4. The applicant must remain in compliance with the conditions of interim use permit 96 -2."
ATTACHMENTS
1. Application and Letter
2. Section 20 -257, Wholesale and Retail Nursery
3. Site Plan
4. Property Owners
5. Planning Commission Minutes dated August 20, 1997
(��tGiCl- �rYrLr }t
CITY OF CHANHASSEN
690 COULTER DRIVE
CHANHASSEN, MN 55317
(612) 937 -1900
DEVELOPMENT REVIEW APPLICATION
APPLICANT.
ADDRESS:
TELEPHONE (Day time)
OWNER: �'. _ - t-� 'PJ ( 06
ADDRESS:
MlY
TELEPHONE: � -1-� 7-
Temporary Sales Permit
Vacation of ROW /Easements
Wetland Alteration Permit
Zoning Appeal
_ Zoning Ordinance Amendment
Notification Sign
X Escrow for Filing Fees /Attorney Gost - �
($50 CUP /SP R/VAC /VAR/W AP /Metes
nnri Rm 1 n dS. $400 Minor SUB)
TOTAL FEE $
' he property must be included with the
' fall property owners within 500 feet of the boundaries of p p Y
A list o p p Y
application.
Building samples les must be submitted with site plan reviews.
p
• t be submitted, including an 8'/2' X 11" reduced copy o
*Twenty-six full size folded ded copies of the plans must
transparency for each plan sheet.
• applications throw
�* escrow will be required for other app h the development contract g
• the a ro riate fee shall be charged for each application.
NOTi=- 1Jllhen multiple appl�cat�ons are processed, pp p
IOJECT NAME
)CATION ?6C) t, �-6 06 C -) Z u F . C= 4 A w S�� r —_W -5
:GAL DESCRIPTION 1- r 6gt7 � r iz
dr( L� _17) Aj S �f / 0 AJ 6 Cn- 12
)TAL ACREAGE I D . C 1
ELANDS PRESENT YES Z_ NO
IESENT ZONING 14P.-
:QUESTED ZONING s-'A n'1e:
ESENT LAND US DEv1f3 )q ': 5 4 -
.QUESTED LAND USE DESIGNATION Cl1 mc
ASON FOR THIS REQUEST �'� �� ;,� c �� ��- -��; } `�,a -�- P A �N �' _, r c �� ��
� ►ma ;��� _
s application must be completed in full and be typewritten or clearly printed and must be accompanied by all information
i plans required by applicable City Ordinance provisions. Before filing this application, you should confer with the Planning
Dar ment to determine the specific ordinance and procedural requirements applicable to your application.
etermination of completeness of the application shall be made within ten business days of application submittal. A written
ice of application deficiencies shall be mailed to the applicant wit iii i t en b u sine ss days or' applic;atiun.
s is to certify that 1 am making application for the described action by the City and that I am responsible for complying with
'aity requirements with regard to this request. This application should be processed in my name and I am the party whom
City should contact regarding any matter pertaining to this application. I have attached a copy of proof of ownership (either
► of Owner's Duplicate Certificate of Title, Abstract of Title or purchase agreement), or I am the authorized person to make
application and the fee owner has also signed this application.
ill keep myself informed of the deadlines for submission of material and the progress of this application. I further
lerstand that additional fees may be charged for consulting fees, feasibility studies, etc. with an estimate prior to any
Ionization to proceed with the study. The documents and information I have submitted are true and correct to the best of
knowledge.
city hereby notifies the applicant that development review cannot be completed within 60 days due to public hearing
jirements and agency review. Therefore, the city is notifying the applicant that the city requires an automatic 60 day
;nsion for development review. Development review shall be completed within 120 days unless additional review
aDsioqs are approved by the applicant.
of
nature of fee Owner
ilication Received on � / (0 ' � Fee Paid
Date
T1 U rqr)
Date
0 -76 -CC
Receipt No. La� 7
applicant should contact staff for a copy of the staff report which will be available on. Friday prior to the meeting.
of contacted, a copy of the report will be mailed to the applicant's address.
DI*ck Hennin En terpri * ses,Inc.
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Chask M 55318 759.5043
737 �sh�e ��ve
City of Chanhassen
690 Coulter Drive
Chanhassen, MN 55317
Attention Cynthia Kirchoff:
This application is to request permission from the city of Chanhassen to put up a
pp . � property of 850 Fl a
sign with our company name on it. This si an would be on the prop y y n
Cloud Drive, which is where our business is located. Dick Henning Enterprises is
re uesting this sign because at the present time there is no way of knowing who we are or
q
what are location is, we also feel that it would be an excellent source of advertising.
The si gn will not impair the supply of light or air to the adjacent property. The sign
will not increase the danger of a fire, nor will it endanger the public safety or diminish or
impair any property values within the nei ghborhood.
We would appreciate your approval on this matter. Thank you for your time.
Since
Dick Henning
Dick Henning Enterprises
Ditto CY-) V, V-� -Cr)-L
§ 20 -257 CHANHASSEN CITY CODE
Sec. 20 -257. wholesale and retail nurseries.
(a) Intent. It is the intent *of this section to recognize that pre - existing retail nurseries and
garden centers are located within the city and may be in conflict with the comprehensive plan
and zoning ordinance. These establishments pre -date current ordinance standards. To allow
for planned and orderly development, the city finds it necessary to regulate the expansion or
intensification of these uses and to provide standards for any future retail nursery or garden
centers. It is the intent of this section to promote the health, safety, general welfare, aesthetics,
and image of the community by regulating the creation and the expansion of existing retail
nurseries and garden centers. The creation or expansion of these uses will be allowed only by
interim use permit by the city council.
(b) [Conditions.] The following conditions will apply to wholesale and retail nurseries:
(1) The site must be on a collector or minor arterial as identified in the comprehensive
plan.
(2) The minimum lot size is five (5) acres.
(3) All storage and yard areas as well as buildings must be set back fifty (50) feet from
public or private road rights -of -way, and three hundred (300) feet from an adjacent
single - family residence or a minimum of fifty (50) feet from a side lot line, whichever
is greater.
(4) All outdoor storage areas must be buffered from adjacent properties. Buffering may be
accomplished using berms, fencing, landscaping, natural topography, or increased
setbacks. The city council may require storage areas to be completely screened by one
hundred (100) percent opaque fencing or berming.
(5) Hours of operation shall be from 7:00 a.m. to 9:00 p.m. The city council may further
restrict hours of operation if the use is located adjacent to property guided residential
as identified in the comprehensive plan.
(6) Light sources shall be shielded:
(7) No outside speaker systems shall be allowed.
(8) A termination date shall be established for the interim use permit. The use shall be
permitted until a particular date, until the occurrence of a particular event, or until
zoning regulations no longer permit it. Prior to the permit expiring, the applicant may
request an extension to the interim use permit by submitting a new application. The
renewal application will be subject to all city ordinances including any new ordinances
enacted after the original approval.
(9) One (1) wall sign not to exceed ninety (90) square feet and one (1) monument sign not
exceeding twenty -four (24) square feet in size or eight (8) feet in height shall be
permitted on the premises. The council may further restrict the size and location of
signs if the use is located adjacent to property guided residential as identified in the
comprehensive plan.
(Ord. No. 80, Art. V, § 9(5- 9- 1(6)), 12- 15 -86; Ord. No. 248, § 2 3- 11 -96)
Supp No. 9 1176.2
NOTICE OF PUBLIC HEARING
PLANNING COMMISSION
Wednesday, August 20,1997
at 8:30 p.m.
City Hall Council Chambers
690 Coulter Drive
SUBJECT: Amend Interim Use Permit
Regarding Signage
APPLICANT: Dick Henning
LOCATION: Northwest Corner of
Great Plains Blvd. (Hwy. 101)
and Hwy. 212
NOTICE: CE: You are invited to attend a public hearing about a proposal in your area. The
applicant, Dick Henning, is requesting an amendment to the interim use permit to allow a
32 sq. ft. monument sign and an 8 sq. ft. variance from the 24 sq. ft. monument sign
requirement, Flying ement located at 850 FI in Cloud Drive, in the northwest corner of Great Plains
Blvd. - ( Hw y . 10 1) and Hwy. 212.
W pp g purpose hat Ha at the Meeting: The ur ose of this public hearing is to inform you about the
developer's request and to obtain input from the neighborhood about this project. During the
meeting, the Commission Chair will lead the public hearing through the following steps:
1. Staff will give an overview of the proposed project.
2. The Developer will present plans on the project.
3. Comments are received from the public.
Public hearing is closed and the Commission discusses
4. Publ g project. The commission will then p
make a recommendation to the City Council.
Questions and Comments: If you want to see the plans before the meeting, please stop by City
Hall durin g office hours 8:00 a.m. to 4:30 p.m., Monday through Friday. If you wish to talk to
someone about this project, please contact Cindy at 937 -1900 ext. 117. If you choose to submit
written comments it is helpful to have one co to the department in advance of the meeting. Staff
p copy
will provide copies to the Commission.
Notice of this public hearing has been published in the Chanhassen Villager on August 7, 1997.
)LD F HESSE STATE OF MN -DNR
3LUFF CREEK DR TAX SPECIALIST
- KA, MN 55318 1201 E HWY 2
GRAND RAPIDS, MN 55744
'3E E ZAMJAHN ETAL VERNE L & SUSAN SEVERSON
AVID ZAMJAHN 675 LAKOTA LN
77TH ST CHASKA, MN 55318
KA, MN 55318
'ARTNERSHIP DEBRA L WENDORF
OHMS LANE #345 740 VOGELSBURG TRL
k, MN 55439 CHASKA, M N 55318
COOK ALLEN R ROTHE
VILLAGE WOODS DR 750 VOGELSBERG TRL
PRAIRIE, MN 55347 CHASKA, MN 55318
OF MINNESOTA WILLIAM E & MARSHA JO HARDER
OF TRANSPORTATION 1025 HESSE FARM RD
10 SQUARE BLDG CHASKA, MN 55318
UL, MN 55101
OF MINNESO L RICHARD & KAREN C DEE
OF TR ORTATION 1201 HESSE FARM CIR
UARE BLDG CHASKA, MN 55318
UL, MN 55101
.� COOK JOHN D & BARBARA J FORCE
VILLA GODS DR 1001 HESSE FARM RD
P RA IRIE, MN 55347 CHASKA, MN 55318
& DOLORES MALZAHN
GREAT PLAINS BLVD
<A, MN 55318
PURGATORY BLF CRK WS
NY HAIK
9TH ST #3300
:APOLIS, MN 55402
CK BLOOD & NANCY LEE
OX 94
)PEE, MN 55379
Planning Commission Meeting - August 20, 1997
Sidney moved, Joyce seconded that the Planning Commission recommends approval of
PUD #93 -5 for Autumn Ridge 3 rd Addition to replat Lots 1 through 9,16 and 17, Block 1,
Autumn Ridge 2 " Addition into 21 lots as shown on the plans prepared by Brandt
Engineering g g and Surveying dated July 18, 1997, subject to the following conditions:
1. The p roposed extension of the berming along Galpin Boulevard eliminates one tree. This
tree shall be replaced by two conifers with a minimum height of seven feet.
2. The developer shall execute an addendum to the development contract for the Second
Addition to incorporate the Third Addition.
3. The applicant shall provide a copy of the final soils report for the subdivision as well as a
copy of the final grading plan for the entire subdivision prior to issuance of any building
permits.
4. The buildin g designer er should meet with the Inspections Division review staff to discuss
design and permit requirements before finalizing building plans.
All voted in favor and the motion carried.
PUBLIC HEARING:
AMEND A CONDITION OF THE INTERIM USE PERMIT TO ALLOW FOR A 32 S
FT, MONUMENT SIGN AND AN 8 So. FT. VARIANCE FROM THE 24 So. FT,
MONUMENT SIGN REQUIREMENT, 850 FLYING CLOUD DRIVEq DICK HENNING.
Cynthia Kirchoff presented the staff report on this item.
Peterson: Questions of staff?
Blackowiak: Sure, I have one question. There's a statement in here talking about the interim use
Terminating one year after. the availability of water and sewer. When is that estimated
termination date?
Aanenson: That's something that will be discussed as part of the comprehensive plan update.
The staging of sewer and water improvements. This area will probably be the last area to be
brought in as far as sewer and water. If you looked at the consultants growth strategy, 2020. Our
city will probably be developed by then. So it could be 10 -15 years out.
Blackowiak: Okay, so then it still would be considered an interim use even though it's 10 to 15
years?
Aanenson: Correct. Yeah.
3
Planning Commission Meeting - August 20, 1997
Blackowiak: That's it.
Joyce: Kate can we, when we make this motion... ?
Aanenson: That's what the City Attorney advised.
Sidney: What are the actual dimensions of...
Kirchoff: The site plan that was submitted, I think was a general sign. If it is approved, I believe
he said it would be 8 x 4.
Peterson: Part of the frustration that I have is, is the additional 8 square feet going to
substantially change, I mean we're going through a lot of process here for 3 square feet and is it
truly personal opinion of the applicant and then it goes into you know staff s opinion. Is it big
enough? Is it not big enough? Where do we draw the line? Is it 1 square feet? Kate, you know
where I'm going with this. It's just a matter of, we get these things and we're bending a lot. My
preference is to not bend. But this is the way it is and this is the code and why vary.
Kirchoff: Staff felt that since it was an interim use it was on a major highway, 212, that the
applicant, you know stated that people are passing him by and missing the turn so that he felt the
additional 8 square feet would be worthwhile, would be the worth the process to go through.
Aanenson: And as Cindy indicated, because it will be eventually some higher, better use that
will support it... There was an existing sign with the original application... I guess like Cindy
said, because it will eventually be something else in the future.
Peterson: I think it's just putting you guys in a difficult spot. You make a variance for this,
because you always, somebody will always have a reason: It's just a matter of how legitimate it
is.
Joyce: And I'd have to echo that just from the fact that, that's not going to be the sign I assume
because ou already said it can't be the sign ... will this is what would have to fit on the sign and
y y
it will only do it, it has to be this size. But they're saying, they just want a bigger sign. I can see
the discomfort. I assume the applicant's going to show us something. This is what we're
looking at here? I'll wait and see.
Peterson: Other questions? May .I have a motion and a second to open it to public hearing.
Excuse me. Moving right along, does the applicant or their designee wish to present their
comments to the Planning Commission? If so, please come forward.
Applicant's Representative: ...to be perfectly honest with you, I thought we just wanted a sign.
didn't realize that the 8 square feet was, we just need something that says on there that our
location is 850 Flying Cloud because at the moment there's no way to know that. People pass us
by constantly. They have no idea what our address is or who we are.
r.�
Planning Commission Meeting - August 20, 1997
Peterson: Could you state your name and address please just for the record.
Applicant's Representative: My home address? 21051 Elkview Circle, Richmond, Minnesota.
Peterson: Thanks. Any other questions for her before she? Thank you.
Applicant's Representative: Okay.
Peterson: This is a p ublic hearing. May I have a motion and a second to open to the same
please.
Blackowiak moved, Sidney seconded to open the public hearing. The public hearing was
opened.
Peterson: Anyone wishing to address the Planning Commission, please come forward. Seeing
Y g
none, may I have a motion to close the public hearing and a second please.
Blackowiak moved, Sidney seconded to close the public hearing. The public hearing was
closed.
Peterson: Thoughts from commissioners. Alison.
Blackowiak: You can look at this two ways. It's only 8 square feet, which is not a lot of space.
But by the same token , it's g oing oin to be there for a long time. Even though it's interim use, we're
talking, if we talk 2020 plus a year, we're talking 25 years that this sign is going to be there and I
don't think that, in my mind that's not interim use. Interim use is maybe under a year or
something. That to me is an interim. I don't know. I don't know if I'm really comfortable going
forward with this increased size because it i s going to be there and I think that the applicant really
feels strongly that they � need a sign that's going to be larger and to attract customers, that they
need to come back before the Planning Commission with a definite sign plan and let us see
somethin g a little more concrete before we can, before I feel comfortable actually going forward
and approving something.
Peterson: Thank you. LuAnn.
Sidney: I feel somewhat uncomfortable about this. Maybe not so much from the standpoint of
the size of the sign but I felt like I didn't have enough information, really in the packet here to
make any decision and I had questions about the height, the materials, the base. You know
materials. Is it going to be aluminum? Is it going to be wood? What is, you know what is the
sig n going oin to be like and I did not feel comfortable with the information that we have tonight. It
just is too sketchy. I'd like to see more.
Joyce: I feel, we've had variances like this in front of us before where we've turned them down
Y
and they've been a lot more comprehensive as far as materials and exactly what's going to be on
the p
now as we sign. And right speak we don't even know what the sign's going to say on it. So
g
5
Planning Commission Meeting - August 20, 1997
if it's not that important for them to show us what's going to be on that sign for that additional 8
feet, it's not that important for me to clear the variance. I'm opposed to it.
Peterson: Okay. My thoughts are probably the same. I don't think there's a compelling reason
to grant the variance. Enough said. With that, may I have a motion and a second please.
Blackowiak: Okay. I move that the Planning Commission recommend denial of the amendment
of Interim Use Permit #96 -2 for an 8 square foot variance from the 24 square foot requirement
for the construction of a 32 square foot monument sign. Do I need to add more or do I, can I let
it go? Okay. That's it.
Joyce: I will second that.
Peterson: Any discussion?
Blackowiak moved, Joyce seconded that the Planning Commission recommends denial of
an amendment to the Interim Use Permit #96 -2 for an 8 square foot variance from the 24
square foot requirement for the construction of a 32 square foot monument sign. All voted
in favor and the motion carried.
Peterson: Staff, are you comfortable with the direction?
Aanenson: Yeah. I think... reasons ... materials. What they were looking for, address.
Peterson: All right, thank you.
PUBLIC HEARING:
AMENDMENT TO THE CITY CODE TO PROHIBIT ENCROACHMENTS ON
SETBACKS THAT HAVE BEEN GRANTED FOR VARIANCES.
Cynthia Kirchoff presented the staff report on this item.
Peterson: Questions of staff.
Joyce: The second part of that, no further encroachments are allowed. Is that going to be in there
also?
Aanenson: Right. It's in Section 20 -908. Under 5. We put that in bold.
Joyce: Yeah. I got. Just the one sentence then right?
Aanenson: Yeah.
Joyce: Okay.
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