HomeMy WebLinkAbout2001-02-07 Municipal Planning Commission (Regular) Minutes~~
County of Newell No. 4
--` Minutes of Municipal Planning Commission Meeting
February 7, 2001
The regular Municipal Planning Commission Meeting of the County ofNewell No.4 was held
in the County Office at Brooks, AB on Wednesday, February 7, 2001 commencing at 10:00
a.m.
Members Present Chairman C. Baksa
Councillors C. Vermeeren
R. Steinbach
Representatives B. M`Kellar
J. Doerksen
Planner G. Shaw
Executive Secretary K. Weiss
1. Call to Order
The Chairman called the meeting to order.
2. Excused from Meetin¢
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All members were in attendance at this meeting.
3. Minutes
Minutes of the December 19, 2000 meeting were presented to the Commission. Moved by
Councillor Steinbach that we adopt these minutes as amended. Carried.
4. Call for Post Agenda Items
The Chairman called for post agenda items.
5. Adoption of Agenda
Moved by Councillor Vermeeren that the agenda be adopted as amended. Carried.
6. Business from Minutes
There were no Business from Minutes items.
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February 7, 2001 Page 1
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Council Report
The Planner reported on the decision from the Subdivision & Appeal Board Hearing.
Development Permits
1. Permit #2182 -Plan 9411176 Block 4 Units 1 & 2 -Gette, Richard & Kathy
Single Family Residence -Including Bed & Breakfast Operation
Kathy Gette was in attendance at the meeting to present information on this application.
Moved by Councillor Vermeeren that we approve Development Application #2182 to allow
a Bed & Breakfast Operation at the above-noted location subject to the following conditions:
1. That this use be classified as a single family dwelling being a permitted use within the
RR1 -Resort Residential District. Approval for the bed and breakfast operation is
granted by the Municipal Planning Commission at its February 7, 2001, meeting under
Section 9(4) of Land Use By-law #1004-90. The proposed use is deemed not to
interfere with or affect the amenities of the neighbourhood or value or enjoyment of
neighbouring properties and the proposed use conforms with the use prescribed for the
land. A maximum of three bedrooms may be used in the operation of the bed and
breakfast.
2. That this use shall comply with all Federal, Provincial, Municipal statutes, regulations,
codes and standards.
3. That this use shall comply with the provisions of Section 62 of Land Use Bylaw #1004-
90 pertaining to the RR1 -Resort Residential District.
4. That the development shall be located as shown on the site plan submitted by the
developer. A formal site plan shall be submitted by the developer which includes a plot
plan prepared by an Alberta Land Surveyor prior to the commencement of construction
of the single family residence. Any changes to that plan shall require the written
approval of the Development Officer.
5. That this use shall comply with the Alberta Building Code, where applicable.
6. That the developer shall obtain all required permits, i.e., building, gas, electrical,
plumbing, from an accredited inspection agency as shown on the attachment to this
development permit.
7. That the developer shall provide to the Development Officer a copy of the building
permit prior to the commencement of construction of the single family residence.
8. That the developer shall ensure an adequate supply of water is provided for this use.
9. That the developer shall ensure proper disposal of sewage and waste from this use.
10. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
11. That the developer shall ensure that construction materials, supplies, equipment are
stored on the property and not within the roadway.
12. That the developer shall ensure the continuous clean-up of construction debris tracked
onto the public roadway where access is provided to the property.
13. That the developer shall satisfy the minimum yard requirements of the RRl -Resort
Residential District as stipulated under Section 62.4 of Land Use By-law #1004-90,
unless varied under this development approval:
Front Side Flankage Rear _
3m 1.Sm* 3m 7.Sm
*For zero lot line subdivisions, one side yard may be reduced to zero and the other side yard
shall be 3 m.
February 7, 2001
Page 2
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14. That the developer shall ensure that the residence does not exceed a height of l Om from
~- the average finished grade to the highest point on the residence.
15. That this development approval is given only for the construction of a single family
residence within Plan 9411176, Block 4, Units 1 and 2, any other development shall
require a separate application and approval. Approval is also granted for the bed and
breakfast component of this development by the Municipal Planning Commission.
16. That the developer shall ensure that all drainage shall be directed onto the property and
not onto adjacent properties.
17. That the developer shall ensure the landscaping of the property is completed within two
years of issuance of this development approval.
18. That the developer shall satisfy the requirements of the Lake Newell Resort
Architectural Control Board. The developer shall provide a set of plans to the
Architectural Control Board prior to the commencement of construction of the single
family residence for approval. A copy of the approval letter shall be provided to the
Development Officer by the developer prior to the commencement of construction. The
developer shall comply with the architectural control guidelines and conditions of the
Board.
19. That the developer shall ensure that a minimum of three (3) stalls are provided for client
parking. One of these stalls may be used for loading materials and supplies for the bed
and breakfast operation. The parking area shall be hard-surfaced and completed prior
to the occupancy of the bed and breakfast. Parking for the residence shall be provided
within an attached garage. The parking area shall be incorporated into the landscaping
plan to be prepared by a qualified professional.
20. That the developer shall provide to the Development Officer a copy of detailed plans of
r-
the single family residence prior to commencement of construction.
21. That the developer shall provide to the Development Officer a copy of a landscape plan
prepared by a qualified professional prior to the commencement of construction of the
single family residence. If landscaping cannot be provided within 2001, the developer
shall request a variance to allow landscaping to occur within 2002. Security shall be
provided in the form of a bond, certified cheque, irrevocable letter of credit or other
form satisfactory to the municipality in the amount of $5,000.00 (five thousand dollars)
if landscaping is not completed by September 1, 2002, to complete landscaping to the
satisfaction of the municipality.
22. That an inspection of the single family residence shall be conducted by the Development
Officer prior to the commencement of the bed and breakfast operation.
23. That any signage for the bed and breakfast operation shall be less than lm' and located
in a discrete location on the residence.
24. That the developer shall comply with all regulations and guidelines of the Regional
Health Authority pertaining to bed and breakfast operations. A copy of the permit
authorizing the bed and breakfast operation issued by the Regional Health Authority
shall be provided to the Development Officer by the developer prior to the
commencement of the bed and breakfast operation.
Carried.
Mrs. Gette left the Council Chambers.
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February 7, 2001 Page 3
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9. Home Occupation Permits
1. Renewal of Home Occupation Permit #97 - Goodheart, Francine _.
Pt SW 5-15-13-W4M -Floral Arrangements & Gifts
Moved by Councillor Steinbach that we approve the renewal of Home Occupation Permit #97
to allow the sale of floral arrangements and gifts at the above-noted location. Carried.
10. Subdivisions
O1 NL 001 - SE 19-22-19-W4M -Division 6
Karg_ard Loren -Farmstead Re-subdivision
Moved by Councillor Steinbach that we recommend to Council approval of Subdivision
Application Ol NL 001 for farmstead re-subdivision in SE 19-22-19-W4M subject to the
following conditions:
1. The County may require the applicant to remove two of the approaches to the proposed
parcel so that only one approach is located within this parcel.
2. The County will require road dedication of a five-metre strip along the easterly
boundary of the proposed and remnant parcels in the form of a caveat to be registered
on both parcels.
3. The County will need to waive requirements of Section 44 of Land Use By-law #1004-
90 to allow an existing building to remain as constructed within the 40 m setback
requirement.
4. The County will need to waive requirements under Section 49.6 to allow the proposed
parcel to have an area of approximately 6.045 ha (14.94 acres).
5. The County will require municipal reserve to be in the form of a deferred reserve caveat
on the remnant parcel in the amount of 0.6045 ha (1.49 acres). This amount may be
varied once a formal subdivision plan is submitted to the County for endorsement.
6. Oil and gas companies will require that all instruments are carried forward upon
registration of the subdivision plan at Land Titles Office.
7. Franchise utilities may require easements for services to be carried forward at the time
of registration of the subdivision plan at Land Titles Office, or the applicant to be
responsible for all costs associated with the provision of services to the proposed or
remnant parcels.
Defeated
Moved by Councillor Vermeeren that we recommend to Council to deny this application as
it is a re-subdivision. Carried.
2. O1 NL 003 - SE 29-21-14-W4M -Division 8
Bunney Hilda -Farmstead Separation
Moved by Councillor Vermeeren that we recommend to Council approval of Subdivision
Application O1 NL 003 for farmstead separation in SE 29-21-14-W4M subject to the
following conditions:
1. The County will require the applicant to enter into a Road Approach Agreement for the
installation of an approach to the remnant parcel from a developed roadway. This must
be to the satisfaction of the Public Works Department.
February 7, 2001 Page 4
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2. The County will need to waive the requirement under Section 31 to have only one
,~-~ dwelling per parcel and allow both to remain as constructed. No improvements maybe
made to them except for routine maintenance to ensure structural suitability as these
represent non-conforming buildings. If substantially destroyed, they may not be
replaced.
3. The Eastern Irrigation District may require the applicant to provide a registrable
easement as well as enter into a household agreement for the conveyance of water to the
proposed parcel. All costs associated with providing water to the proposed parcel will
be the responsibility of the applicant.
4. Oil and gas companies will require all instruments to be carried forward when the
subdivision plan is registered at Land Titles Office.
5. Franchise utilities will require all easements to be carried forward when the subdivision
is registered at Land Titles Office as well as the applicant being responsible for the costs
associated with servicing the properties.
Carried.
3. Ol NL 004 -Plan 5093 FD Parcel A -Division 7
Parker, Vern -Farmstead Separation
Moved by Councillor Vermeeren that we recommend to Council approval of Subdivision
Application O1 NL 004 for farmstead separation in Plan 5093 FD Parcel A subject to the
following conditions:
1. The County will require the applicant to enter into Road Approach Agreements with the
municipality for the up-grading of approaches into the remnant portions of the subject
properties.
2. The County will require the applicant to provide municipal reserve as a deferred reserve
caveat to be registered on Plan 5093FD and to be pro-rated based on the amount of the
proposed parcel to be included within this plan. The amount of deferred reserve will be
calculated from the subdivision plan provided to the municipality for endorsement.
3. The Eastern Irrigation District may require the applicant to provide easements for the
conveyance of water to the proposed parcel as well as any of their facilities within the
subject properties as well as enter into a household agreement.
4. Oil and gas companies may require all instruments be carried forward when the
subdivision plan is registered at Land Titles Office.
5. Franchise utility companies may require easements for their facilities or require the
applicant to be responsible for all costs associated with the relocation, modification or
installation of services.
Carried.
4. O1 NL 005 - NW 13-20-14-W4M -Division 3
Davidson, Ken -Farmstead Separation
Moved by J. Doerksen that we recommend to Council approval of Subdivision Application
O1 NL 005 for farmstead separation in NW 13-20-14-W4M subject to the following
conditions:
1. The County will require the applicant to provide road dedication by caveat along the
,•- northern boundary of the proposed and remnant parcels adjacent to Road Plan 6063JK.
2. The County may require the applicant to enter into a Road Approach Agreement for the
approach located on the western boundary of the remnant parcel.
February 7, 2001 Page 5
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3. The Eastern Irrigation District will require the applicant to enter into a household
purposes agreement as well as provide registrable easements for the provision of water
to the proposed parcel.
4. The Eastern Irrigation District may require the applicant to terminate the irrigable rights
within the proposed parcel.
5. Oil and gas companies will require all instruments to be carried forward when the
subdivision plan is registered at Land Titles Office.
6. Franchise utilities may require easements for the provision of their services to the
proposed parcel as well as having the applicant be responsible for all costs associated
with the modification, relocation or installation of their facilities.
Carried.
11. Development Report -December 13 2000 to January 31, 2001
The Development Report for December 13, 2000 to January 31, 2001 was presented to the
Commission. Moved by J. Doerksen that we approve this report. Carried.
12. Correspondence
1. Town of Brooks -Subdivision Application - SE 4-19-14-W4M
A letter from the Town of Brooks regarding a Subdivision Application in the SE 4-19-14-
W4M was presented to the Commission as information. The Planner will advise the Town
that we have no objections to this subdivision.
2. Community Planning Association of Alberta - Snrin~ Conference & Education Session
Information was presented to the Commission regarding the Community Planning
Association of Alberta Spring Conference & Education Session being held in Red Deer on
April 2°a to 4~'. It was recommended that any members of the Municipal Planning
Commission and the Subdivision & Development Appeal Board be allowed to attend, if they
wish.
13. Other Business
1. Planning & Development Applications (1995 to 2000)
The Planner presented a summary of Planning & Development Applications for the period
1995 to 2000. It was directed that this report also be presented at the next Council Meeting.
14. Land Use Changes
There were no Land Use Changes.
February 7, 2001 Page 6
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15. Post A enda Items
Development Permit #2181 - PanCanadian Petroleum Ltd.
Frac Sand Recycling Facility -LSD 2-30-18-15-W4M
A -Agricultural District -Division 5
Moved by J. Doerksen that we approve Development Application #2181 to allow
PanCanadian Petroleum Ltd. to operate a frac sand recycling facility at the above-noted
property subject to the following conditions:
1. That this use be classified as a "Frac Sand Recycling Facility" being a discretionary use
within the A -Agricultural District. Approval is granted by the decision of the
Municipal Planning Commission at its February 7, 2001 meeting.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That this use shall comply with the provisions of Section 49 of Land Use By-law #1004-
90 pertaining to the A -Agricultural District.
4. That the development shall be located as shown on the site plan submitted November
2, 2000. Any permanent changes to that plan shall require the written approval of the
Development Officer.
5. That this permit shall only be for the development of a frac sand recycling facility
within LSD 2-30-18-15-W4M. Any additional development shall require a separate
development permit application and approval.
6. That the applicant shall utilize the existing approach as indicated in the site plan
attached to the development application. If a new access is required, the applicant shall
,.-. apply to the municipality for a Road Approach Agreement. The Public Works
Department shall be contacted prior to construction to ensure that the approach is
suitably located.
7. That the operator shall ensure that any approach that provides access to the proposed site
shall provide adequate site lines to allow on-coming traffic to avoid traffic exiting from
this site. The applicant shall contact the Public Works Department prior to
commencement of the operation to review the proposed approach and incorporate any
recommendations provided by this department to ensure safe turning movements into
and out of the proposed area.
8. That the operator shall ensure dust control measures are in place to the satisfaction of
the municipality prior to commencement of the frac sand recycling facility operation.
9. That the operator shall ensure that the frac sand recycling facility does not cause undue
noise, dust or other nuisances which may affect other land owners in the area
10. .
That the operator shall ensure that the site is maintained to the satisfaction of the
Development Officer.
11. That the operator shall be responsible for any increased road maintenance required on
the County road as a result of this use. This maintenance shall be under the direction
of the Public Works Department.
12. That the operator of the facility shall provide to the Development Officer a copy of the
approval granted by the Alberta Energy and Utilities Board prior to March 1
2001.
13. ,
That approval is granted for the mobile home to be included within the recycling
facility.
14. That the developer shall provide to the Development Officer a copy of a building permit
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from an authorized inspection agency for the County ofNewell prior to March 1
2001
,
,
if one is required for the recycling facility. If one is not required, a copy of a letter
designating this site as being exempt from such a requirement shall be provided to the
Development Officer by the above date.
February 7, 2001 Page 7
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15. That the development shall be located so that the following setbacks are maintained:
Front Side Flankage Rear
40m* 3m 40m* 3m
*From the centre line of the County road.
Carried.
Development Permit #2185 -Leon Torkelson
Moved-in Residence - Pt. SE 20-20-13-W4M
A - Agricultural District -Division 3
Moved by J. Doerksen that we approve Development Application #2185 for amoved-in
residence at Pt. SE 20-20-13-W4M subject to the following conditions:
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1. That this use be classified as a Moved-in Building" to be used as a residence in
conjunction with an addition being a discretionary use within the A -Agricultural
District.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That this use shall comply with the provisions of Section 49 of Land Use By-law #1004-
90 pertaining to the A -Agricultural District.
4. That the development shall be located as shown on the site plan submitted February 5,
2001. Any changes to that plan shall require the written approval of the Development
Officer.
5. That this use shall comply with the Alberta Building Code, where applicable.
6. That the developer shall obtain all required permits (electrical, building, heating and
ventilation, gas and plumbing) from an accredited inspection agency as shown on the
attachment to this Development Permit.
7. That the developer shall provide to the Development Officer a copy of the building
permit prior to commencement of construction.
8. That the developer shall ensure an adequate supply of water is provided for this use.
9. That the developer shall ensure the proper disposal of sewage and waste from this use.
10. That the developer shall ensure that the property is maintained to the satisfaction of the
Development Officer.
11. That the developer shall ensure that construction materials, supplies and equipment are
stored on the property and not on the public roadway.
12. That the developer shall ensure the continuous clean-up of construction debris tracked
onto the public roadway where access is provided to the property.
13. That the developer shall ensure that the following minimum yard set-backs are
maintained for this development:
Front Side Rear Flankage
*40m 3m 3m *40m
*From centre line of any public roadway or Secondary Highway.
14. That the developer shall enter into a Road Approach Agreement with the municipality
for the construction of an approach to the SE 20-20-13-W4M. This approach shall be
to the satisfaction of the County's Public Works Department.
15. That this approval is granted only for the development of the single family residence
within Pt. SE 20-20-13-W4M. All other development shall require separate applications
and approvals.
16. That the developer shall ensure the moved-in building is sided in new vinyl or other
appropriate siding. All construction must be new material. All windows to be installed
shall be new.
February 7, 2001
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17. That the developer shall ensure that the development is located at least 40 m from the
centre of the County road located to the north of the subject property.
18. That approval is also granted for the construction of deck onto the proposed moved-in
residence or the continuation of the existing deck as shown in the photographs provided
by the applicant.
19. That the developer shall provide to the Development Officer, prior to the relocation of
the building, a copy of an inspection report prepared by an authorized building inspector
licenced in the County of Newell which reviews the electrical and structural elements
of the proposed residence and identifies where improvements are required by the
developer. Any recommended improvements that ensure the building satisfies the
Alberta Building Code or other related provincial codes shall be completed by the
developer.
20. That the developer shall provide to the Development Officer a copy of the design for the
preserved wood foundation which is certified by a qualified engineer.
Carried.
3. Home Occupation Permit #111 -Hugh & Jane McKay
Plan 8011346, Block 1 Lot 3
Proposed Home Office for Sale of Fireplaces
CR -Country Residential District Division 5
Moved by Councillor Steinbach that we approve Home Occupation # 111 for a proposed home
office for the sale of fireplaces in Plan 8011346, Block 1 Lot 3 subject to the following
,,._ conditions:
1. That this use is classified as a home occupation being a discretionary use within the CR
-Country Residential District.
2. That this use shall comply with all Federal, Provincial and Municipal statutes,
regulations, codes and standards.
3. That this use shall not affect the residential use of the property or adjacent properties
and area.
4. That the total number of off-site employees, not including the occupants of the
residence, involved with the said occupation shall not exceed two.
5. That there shall be no outside storage of goods or materials, except as noted in these
conditions.
6. That there shall be no noise, vibration, smoke, dust or odours created from this home
occupation which may affect adjacent land owners or development.
7. That this home occupation permit shall be valid for a time period until March 1, 2003.
Renewal of this permit shall be subject to the applicant's performance during that time
period. This permit may be revoked if the conditions are not complied with.
8. That this home occupation permit is only for an office for the sale of fireplaces. No
outside storage of the fireplaces shall be permitted. No other type of home occupation
shall be permitted unless authorized by the Approving Authority.
Carried.
February 7, 2001
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4. Subdivision Application #O1 NL 006 -Dennis & Dorene Torkelson
Farmstead Se aration - Pt. SE 33-20-14-4 -Division 8
Moved by Councillor Vermeeren that we recommend to Council approval of Subdivision
Application O1 NL 006 for a farmstead separation in Pt. SE 33-20-14-W4M subject to the
Village of Duchess having no concerns and subject to the following conditions:
1. The County may require the applicant to provide road dedication in the form of a caveat
for the proposed and remnant parcels along their easterly boundaries.
2. The Eastern Irrigation District may require easements as well as the applicant entering
into a household purposes agreement for the conveyance of water to the proposed
parcel.
3. Oil and gas companies will require all instruments to be carried forward at the time the
subdivision plan is registered at Land Titles Office.
4. Franchise utilities may require easements for their facilities as well as requiring the
applicant to be responsible for all costs associated with the installation, modification or
relocation of services to the proposed parcel.
Carried.
5. Subdivision Application O1 NL 007 - Tryntje Oostlander & Jacobus Oostlander
Farmstead Se aration - Pt. SW & SE 18-21-15-W4M & Plan 524 FH Prcl M -Div. 7
Moved by Councillor Vermeeren that we recommend to Council approval of Subdivision
Application O1 NL 007 for a farmstead separation at Pt. SW & SE 18-21-15-W4M & Plan
524 FH Parcel M subject to the following conditions:
1. The County may require the applicant to enter into a Road Approach Agreement to up-
grade the approach located on the eastern boundary of SE 18-21-15-W4M as well as
improving or construction of an approach to the SE 18-21-15-W4M.
2. The County may require the applicant to provide road dedication in the form of a caveat
for a Sm strip of land adjacent to the eastern boundary of the SE 18-21-15-W4M
extending throughout this quarter.
3. The County will require the applicant to provide municipal reserve in the form of a
deferred reserve caveat to be registered against the SW 18-21-15-W4M. The amount
of the deferred reserve will be determined when a subdivision plan is forwarded to the
municipality for endorsement. Based on the information provided in the application,
approximately 0.0720 ha or (0.178 acres) will be required as deferred reserve.
4. The County will need to grant a variance to Section 49.4 of Land Use By-law #1004-90
to allow the residence within the proposed parcel to remain as constructed.
5. The County will require the applicant to consolidate Plan 524 FH, Parcel M with the
remainder of the SW 18-21-15-W4M at the time of registration of the subdivision plan
with Land Titles Office.
6. The Eastern Irrigation District may require the applicant to provide easements or enter
into a household purposes agreement for the conveyance of water to the proposed
parcel.
7. Oil and gas companies will require any instruments registered on the titles to be carried
forward at the time of registration of the subdivision plan with Land Titles Office.
8. Franchise utilities will require the applicant to be responsible for all costs associated
with the installation or modification of existing facilities as well as easements required
in the servicing of the existing or proposed parcels.
Carried.
February 7, 2001
Page 10
6. Land Use Amendment -Harvey Yanke
CR -Country Residential District to CR2 -Country Residential 2 District
Plan 8111866 Block E Lot 3 -Division 10
Moved by Councillor Vermeeren that we recommend to Council approval of an amendment
to Land Use By-law 1004-90 to re-zone Plan 8111866, Block E, Lot 3, from CR -Country
Residential District to CR2 -Country Residential 2 District. Carried.
Lunch
The Commission recessed for lunch from 12:00 noon to 12:30 p.m.
Post Agenda Items (Cont"d.)
7. March Meetine Date
The March 27, 2001 meeting date was moved to March 29, 2001.
16. 4uestion Period/Notice of Motion
A question period was held.
17. Adjourn
Moved by Councillor Vermeeren that the meeting adjourn at 12:40 p.m. Carried.
CHAIRMAN
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PLANNER
February 7, 2001
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