HomeMy WebLinkAbout2002-10-31 Municipal Planning Commission (Regular) MinutesC~
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County of Newell No. 4
Minutes of Municipal Planning Commission Meeting
"~' -October 31, 2002
The regular Municipal Planning Commission Meeting of the County of Newell No.4 was held
in the County Office at Brooks, AB on Thursday, October 31, 2002 commencing at 10:00 a.m.
Members Present Chairman C. Baksa
Councillors G. Musgrove
E. Moss
Representatives B. M`Kellar
R. Steinbach
Interim Planner J. Ramjohn
Development Control Officer P. Urban
Recording Secretary P. Garrett
Call to Order
The Recording Secretary called the meeting to order at 10:00 a.m.
2. Nomination/Volunteer & Election of Chairman
The Recording Secretary called for nominations for Chairman. Councillor Musgrove nominated
Councillor Baksa. There being no further nominations, the Recording Secretary declared
nominations cease. Councillor Baksa was declared Chairman and assumed the Chair.
3. Nomination/Volunteer & Election of Vice Chairman
The Chairman called for nominations for Vice Chairman. R. Steinbach nominated Councillor
Musgrove. There being no further nominations, the Chairman declared nominations cease.
Councillor Musgrove was declared Vice Chairman.
4. Excused from Meetine
All members were in attendance at this meeting.
5. Minutes
1. September 24, 2002
Minutes of the September 24, 2002 meeting were presented to the Commission. Moved by R.
Steinbach that we adopt these minutes as corrected. Carried.
October 31, 2002 Page 104
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6. Call for Post Agenda Items
The Chairman called for post agenda items.
7. Adoption of A eg nda
Moved by Councillor Musgrove that the agenda be adopted as amended. Carried.
Business from Minutes
1. O1 NL 034 - Pt. NE 1-18-15-W4 -Division 5
Zadi Investment Ltd. -Create 26 Lots for Multiple Unit Housing
There was no further information on this item.
2. Zadi Investments Ltd. -Lake Newell Resort Area Structure Plan -Division 5
There was no further information on this item.
3. Development Permit #2423 -Plan 9610862, Block 2 (Pt. NW 26-18-14-W4) -Division 5
Dick Dick A -Portion of Accessory Building for Farm Subsidiary Occupation
Moved by Councillor Musgrove that we deny Development Permit #2423 for a portion of the
accessory building located on Plan 9610862, Block 2 (within a portion of NW 26-18-14-W4)
to be used for a Farm Subsidiary Occupation as this use does not comply with the following
Farm Subsidiary Occupation regulations: 1) is to be carried out by the operator of the farm; 2)
shall be secondary to and a subordinate use of the farm; and 3) related to normal farming
practices. Carried.
Possible sites for future area structure plans will be discussed at the next meeting.
4. A & E Sales & Service Ltd. - Pt. SE 3-19-14-W4 -Division 10
CR2 -Country Residential 2 District - LI -Light Industrial District
Moved by Councillor Musgrove that we postpone making a decision on this land use amendment
application until we obtain further information from Public Works with regard to the location
of the proposed TransCanada Highway / Cassils Road overpass. Carried.
Moved by B. M`Kellar that we recommend to Council that EBA Engineering Consultants Ltd.
be instructed to draw up new maps for the One Tree Road ASP. Carried.
October 31, 2002 Page 105
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Council and S.D.A.B. Report
The Chairman gave this report:
10. Development Report -September 16, 2002 to October 23, 2002
Moved by Councillor Musgrove that we accept the Development Report. Carried.
11. Correspondence
1. Town of Brooks -Request for Comments - 2002 SUB 14
A letter from the Town of Brooks, requesting comments on Subdivision Application 2002 SUB
14, was presented to the Commission as information.
2. Habitat for Humanity -Refund of Application Fee
A letter from Habitat for Humanity requesting a refund of the $50.00 application fee for
Development Permit #2448 was presented to the Commission. Moved by R. Steinbach that we
recommend to Council that they refund this application fee. Carried.
.- 12. Development Permits
Permit #2426 -Plan 7910803 Block 1 Ptn. Lot 5 (SW 8-19-13-W4) -Division 10
Applicant: Rice, Thomas Albert -Owner: Rice, Thomas Andrew & Rice, Thomas Albert
- Detached Oversized Accessory Building
Moved by B. M`Kellar that we approve Development Permit Application #2426 for a detached,
oversized accessory building to be constructed at Plan 7910803, Block 1, Portion of Lot 5
(within the SW 8-19-13-W4) granting a height variance of .6 m (2 ft) for a total height of 4.6 m
(15 ft) subject to the following conditions:
1. The use being classified as an "Accessory Building" being a permitted use within the CR-
Country Residential District.
2. The Municipal Planning Commission granting a variance to Section 51.7(3) of Land Use
Bylaw #1004-90 of .6 m (2 ft) for a total height of 4.6 m (15 ft) for this development to be
constructed on Plan 7910803, Block 1, Pt. Lot 5 (within SW 8-19-13-W4).
3. The developer ensuring the overall floor area for this development does not exceed 100 m2
(1076 ftz).
4. This use complying with all Federal, Provincial, and Municipal statues, regulations codes
and standards.
5. This use complying with the provisions of Section 51 of Land Use Bylaw #1004-90
pertaining to the CR-Country Residential District.
6. This use complying with the Alberta Building Code where applicable.
7. The developer obtaining all required permits (electrical, building, heating, ventilation, gas
and plumbing) from an accredited inspection agency.
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October 31, 2002 Page 106
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8. The developer providing the Development Officer with a copy of the building permit issued
by a licensed, accredited building inspection agency for the County of Newell prior to the
commencement of construction.
9. The developer ensuring that the property is maintained to the satisfaction of the
Development Officer.
10. The developer ensuring all construction materials, supplies and equipment are stored on the
property and not on the public roadway.
11. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
12. The developer ensuring an adequate supply of water is provided for this use.
13. The developer ensuring the following minimum yard setbacks are maintained for this
development:
Front Side Rear
*7.5 m **3 m **7.5 m
*Minimum distance from subdivision street or service road.
* *Minimum distance from property line.
14. The developer ensuring there is a 1.5 m (4.9 ft) separation distance between the proposed
accessory building and the existing buildings.
15. The developer ensuring the detached oversized accessory building is sided to the satisfaction
of the Development Officer. This siding shall be the same as, or of similar material as the
existing buildings as well as compatible with other buildings in the vicinity.
16. The developer ensuring the proposed accessory building is not used for living purposes.
17. The developer ensuring the proposed accessory building is not used for conducting a
business or commercial operation.
18. This permit being for the development of an accessory building as described on the site plan
submitted September 20, 2002 on Plan 7910803 Block 1 Ptn. Lot 5 (within the SW 8-19-13-
W4). Any additional development shall require prior approval of a separate permit.
Carried.
2. Permit #2437 -Plan 8910442 Block 4 -Division 4
Applicant: Chandler, Reece -Owner: Willms Honey Producers Ltd./Scandia Honey
Corporation (AQreement for Sale) -Construct Three Accessorv Buildings
Applicant Reece Chandler was in attendance to provide further information on this item. Moved
by Councillor Moss that we approve Development Permit Application #2437 for the
construction of three accessory buildings on Plan 8910442, Block 4 granting a variance of 2.93
m (9.6 ft) to the rear yard setback for the proposed buildings and a variance of 2.75 m (9.02 ft)
for the front yard setback of the existing building subject to the following conditions:
1. This use being classified as "Accessory Buildings" being a permitted use within the HC-
Hamlet Commercial District.
2. The Municipal Planning Commission granting a variance to Section 59.4 of Land Use
Bylaw #1004-90 of 2.93 m (9.6 ft) to the rear yard setback requirement for the development
to be constructed on Plan 8910442 Block 4.
3. The Municipal Planning Commission granting a variance to the front yard setback
requirement of 2.75 m(9.02 ft) for the front yard setback of 3 m (9.84 ft) for the existing
building on Plan 8910442 Block 4. This variance being granted under Section 643(4) of the
Municipal Government Act. Any further development shall comply with the provisions of
Land Use Bylaw #1004-90, unless otherwise varied by Municipal Planning Commission.
October 31, 2002
Page 107
4. This use complying with all Federal, Provincial and Municipal statues, regulations, codes
and standards.
'~ 5. The proposed development being located as shown on the site plan submitted October 1,
2002. Any changes to this plan shall require the written approval of the Development
Officer.
6. The proposed development complying with Section 59 of County of Newell Land Use
Bylaw #1004-90 being the HC-Hamlet Commercial District.
7. The developer ensuring the following yard setbacks are maintained unless otherwise varied
by the Municipal Planning Commission:
Front Side Flankage Rear
*3 m **0 *3 m *6 m
*Minimum distance from property line.
** One side yard shall be extended to 4.5 m where no lane exists.
8. This use complying with the Alberta Building Code where applicable.
9. The developer being responsible for obtaining all required permits (i.e. building, electrical,
plumbing, heating, ventilation and gas) from an accredited inspection agency.
10. The developer providing the Development Officer with a copy of the building permit prior
to the commencement of construction.
11. The developer ensuring access can be provided for Emergency Services vehicles to two
sides of the proposed inner buildings and to three sides of the remaining buildings.
12. The developer ensuring there is an adequate supply of water for fire suppression with this
proposed development.
13. The developer being responsible for all costs associated with the modification of water and
sewer services to provide service to this development. All this work shall be to the
satisfaction of the Hamlet Advisory Committee. The developer shall contact the Scandia
,~. Advisory Committee prior to backfilling, to review all connections. The developer shall
also be responsible for the restoration of the street when these services are installed to the
satisfaction of the Superintendent of Public Works.
14. The developer ensuring that the site is graded so that storm water does not drain onto
adjoining properties.
15. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
16. The developer ensuring that construction materials, supplies and equipment are stored on
the property and not on the public roadway.
17. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
18. This development approval being granted for three accessory buildings as outlined in
Development Permit # 2437, within Plan 8910442 Block 4. Any other improvements shall
require separate development applications and approvals.
19. The developer ensuring that the building design, character and appearance of the proposed
developments are the same as or better than the buildings in the vicinity.
20. The developer ensuring the proposed three accessory buildings are sided to the satisfaction
of the Development Officer. The exterior finish shall be the same as, or consistent with the
existing building.
21. The developer ensuring there is no outside storage of supplies and materials relating to the
use of the building.
22. The developer ensuring the ventilation ducts of the three proposed accessory buildings do
not project onto the front or rear yard setback.
October 31, 2002 Page 108
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23. The developer ensuring a minimum 1.5 m (4.9 ft) separation distance is maintained between
the existing building and the proposed three accessory buildings.
Carried.
3. Permit #2439 - Pt. SE 32-20-14-W4 -Division 8
Applicant: Endersby, Dan -Owner: Endersby Ranching Ltd.
Existing Moved-in Building,(Mobile Home) As Additional Residence
Applicant Dan Endersby was in attendance to provide information on this development permit
application. Moved by B. M`Kellaz that we approve Development Permit Application #2439
for an existing moved in building located within a portion of the SE 32-20-14-W4 granting a
variance to allow a second residence on the property and a variance to allow a front yazd setback
of 27.4 m (90 ft) subject to the following conditions:
1. This use being classified as a "Moved In Building" being a discretionary use within the UF-
Urban Fringe District.
2. The Municipal Planning Commission grants approval for the existing moved building to be
located on lands legally described as Ptn. SE 32-20-14-4 containing 37.20 acres. This
variance being granted to Section 31(2) of Land Use Bylaw #1004-90.
3. The Municipal Planning Commission grants variance to the front yard setback requirement
of 12.6 m (41.3 ft) for the front yard setback of 27.4 m (90 ft) for the existing residential
development located on lands legally described 32-20-14-4 containing 37.20 acres. This
variance being granted under Section 643 (4) of the Municipal Government Act. Any further
development shall comply with the provisions of Land Use Bylaw #1004-90.
4. This use complying with all Federal, Provincial and Municipal statues, regulations, codes
and standards.
5. The proposed development being located as shown on the site plan submitted October 2,
2002. Any changes to this plan shall require the written approval of the Development
Officer.
6. The proposed development complying with Section 50 of County of Newell Land Use
Bylaw #1004-90 being the OF-Urban Fringe District.
7. The developer ensuring the moved in building maintains the following setbacks unless
otherwise varied by the Municipal Planning Commission:
Front Side Flankage Rear
*40 m **3 m *40 m **3 m
*Minimum distance from centerline of public roadway or secondary highway.
** Minimum distance from property line.
8. The use complying with the Alberta Building Code where applicable.
9. The developer being responsible for obtaining all required permits (i.e. building, electrical,
plumbing, heating, ventilation and gas) from an accredited inspection agency.
10. The developer providing the Development Officer with a copy of the building permit prior
to the commencement of any further construction.
11. The developer ensuring the property is maintained to the satisfaction of the Development
Officer.
12. The developer ensuring that construction materials, supplies and equipment are stored on
the property and not on the public roadway.
13. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
14. The developer ensuring an adequate supply of water is provided for this use.
October 31, 2002
Page 109
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15. The developer ensuring the proper disposal of sewage and waste from this use.
16. This development approval being granted for the existing moved in mobile home with
'"~ addition for the purposes of an additional agricultural residence as outlined in Development
Permit # 2438, on Ptn. SE 32-20-14-W4. Any other improvements shall require separate
development application and approval.
17. The developer ensuring the moved in building is skirted with materials the same as, or
consistent with, the remainder of the building.
18. The developer ensuring the addition is enclosed and sided with materials the same as, or
consistent with, the remainder of the building.
19. The applicant providing to the County an irrevocable letter of credit, or other form of
security to the satisfaction of the municipality, in the amount of $1,500.00 to ensure that the
requirements of the following conditions are met as indicated:
a) this development is skirted consistent with the remainder of the building, and
b) the addition is enclosed and sided consistent with the remainder of the building.
20. The developer ensuring the specified renovations are completed within one year from the
date of approval.
21. There being no objection received from the Village of Duchess.
Carried.
Left Meeting
Councillor Musgrove left the meeting at 11:32 a.m.
,^. 4. Permit #2446 -Plan 8410810 Block 1 Lot 5 (SW 13-17-17-W4) -Division 4
Gubbins, Linda -Detached Oversized Accessory Building
Moved by R. Steinbach that we approve Development Permit #2446 for an oversized accessory
building to be constructed on Plan 8410810, Block 1, Lot 5 (within the SW 13-17-17-W4)
granting a variance to allow the subj ect building to be 4.87 m (16 ft) in height and a variance to
allow a total floor area of 100.3 mZ (1080 ftZ) subject to the following conditions:
1. The use being classified as an "Accessory Building" being a permitted use within the
Hamlet Single Family District.
2. The Municipal Planning Commission granting a variance of .87 m (2.9 ft) for the total
height of 4.87 m (16 ft) for this development to be constructed on Plan 8410810 Block 1 Lot
5. This variance being granted to Section 56.6(4) of Land Use Bylaw #1004-90.
3. The Municipal Planning Commission granting a variance of 34.3 mZ (370 ftZ) for the total
floor area of 100.3 m2 (1080 ft Z) for this development to be constructed on Plan 8410810
Block 1 Lot 5. This variance being granted to Section 56.6 (5) of Land Use Bylaw #1004-
90.
4. This use complying with all Federal, Provincial, and Municipal statues, regulations, codes
and standards.
5. This use complying with the provisions of Section 56 of Land Use Bylaw #1004-90
pertaining to the HSF-Hamlet Single Family District.
6. This use complying with the Alberta Building Code where applicable.
7. The developer obtaining all required permits (electrical, building, heating, ventilation, gas
and plumbing) from an accredited inspection agency.
October 31, 2002 Page 110
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8. The developer providing the Development Officer with a copy of the building permit issued
by a licensed, accredited building inspection agency for the County of Newell prior to the
commencement of construction.
9. The developer ensuring that the property is maintained to the satisfaction of the
Development Officer.
10. The developer ensuring all construction materials, supplies and equipment are stored on the
property and not on the public roadway.
11. The developer ensuring the continuous clean up of construction debris tracked onto the
public roadway where access is provided to the property.
12. The developer ensuring an adequate supply of water is provided for this use.
13. The developer ensuring the following minimum yard setbacks are maintained for this
development:
Front Side Rear
*7.5 m **1.5 m **3 m
*Minimum distance from subdivision street or service road
**Minimum distance from property line
14. The developer ensuring there is a 1.5 m (4.9 ft) separation distance between the proposed
accessory building and the existing residence.
15. The developer ensuring the detached oversized accessory building is sided to the satisfaction
of the Development Officer. This siding shall be in the same or of similar materials and
color as the principal building on the property, as well as compatible with other buildings
in the vicinity.
16. The developer ensuring the proposed accessory buildings is not used for living purposes.
17. This permit being for the development of an accessory building as described on the site plan
submitted October 9, 2002 on Plan 8410810 Block 1 Lot 5 (within the SW 13-17-17-W4).
Any additional development shall require prior approval of a separate permit.
18. The developer ensuring the proposed accessory building is not used for conducting a
business or commercial operation.
19. The developer ensuring the proposed accessory building in not located on any easements or
utility rights-of--way occupying this property. The developer shall review this development
with each company, which has an instrument on title pertaining to an easement, or utility
right-of--way that maybe affected by it.
Carried.
Returned to Meeting
Councillor Musgrove returned to the meeting at 11:34 a.m.
13. Home Occupation Permits
1. Home Occupation Permit #137 -Plan 9411176 Block 4 Unit 94 -Division 5
Applicant: Nesbitt, Robyn S. -Owner: Nesbitt, John F.
Administrative Services to Lake Newell Condominium Association and Brooks Area
Moved by Councillor Moss that we approve Home Occupation Permit Application #127 for an
Administrative Services Business to be operated at Plan 9411176, Block 4, Unit 94 subject to
the following conditions:
October 31, 2002
Page 111
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1. This use being classified as a "Home Occupation "not being a permitted or discretionary
use within the RR1-Resort Residential District. This use being granted by the Municipal
'^ Planning Commission at it's October 31, 2002 meeting under Section 9(4) of Land Use
Bylaw # 1004-90. The Municipal Planning Commission has determined that, in its opinion:
a) this Home Occupation would not
i unduly interfere with the amenities of the neighbourhood, or
ii materially interfere with or affect the use, enjoyment or value of
neighbouring properties.
2. This use complying with all Federal, Provincial and Municipal statutes, regulations, codes
and standards.
3. This use complying with the provisions of Schedule B of Land Use Bylaw #1004-90
pertaining to Home Occupations.
4. The developer ensuring this use shall not affect the residential use of the property or
adjacent properties in the area.
5. The developer ensuring the total number ofoff--site employees involved with the said home
occupation (not including the occupants of the residence) shall not exceed two.
6. The developer ensuring that there is no outside storage of goods or materials on this parcel.
7. The developer ensuring no noise, vibration, smoke, dust or odours are created from this
home occupation, which may affect adjacent landowners or development.
8. This home occupation permit being valid for a time period until December 31, 2003, at
which time it may be either revoked or renewed by the Municipal Planning Commission for
another year. Renewal of this permit shall be subject to the applicant's performance during
that time period. The applicant shall be responsible for re-applying one month before the
expiry date.
9. This home occupation permit being granted for an Administrative Services Office from Plan
,,._ 9411176 Block 4 Unit 94 (94 White Pelican View). No other home occupation permit is
granted under this approval.
10. The developer providing the Development Officer with a letter from the Lake Newell Resort
Condominium Association approving the operation of a Home Occupation Permit for the
purposes of an Administrative Services Office, from Plan 9411176 Block 4 Unit 94, prior
to November 14, 2002.
Carried.
14. Subdivisions
1. 02 NL 023 - SW 33-14-13-W4 -Division 1
Huber, Curtis & Parker, R. Vern -Farmstead Separation
This item was referred to the next meeting to allow the planner to obtain information on possible
intensive livestock operations in the area.
Lunch
The Commission recessed for lunch from 11:53 a.m. to 1:02 p.m.
Requirements for subdividing will be put on the agenda for the next meeting.
October 31, 2002 Page 112
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15. Land Use Changes
1. Sewall, Cliff - SE 30-18-14-W4 -Division 5
OF -Urban Fringe to HWY C - Highway Commercial / LI -Licht Industrial
Moved by Councillor Musgrove that, providing we receive the proper applications with
payment, we recommend to Council that consideration be given to first reading of a bylaw to
redesignate 40 acres within the SE 30-18-14-W4 from OF -Urban Fringe District to HWY C -
HighwayCommercial District and 30 acres within the SE 30-18-14-W4 from OF -Urban Fringe
District to LI -Light Industrial District. Carried.
Green Prairie International Inc. -Plan 8510238, Block 1 (within Pt. SW 10-17-13-W4)
A -Agricultural District to CR - Country Residential District -Division 2
Moved by B. M`Kellar that we recommend to Council that the application to redesignate Plan
8510238, Block 1(within Pt. SW 10-17-13-W4) from A -Agricultural District to CR -Country
Residential District be denied for the following reasons:
1. The proposed land is located in a primary agricultural area of Tilley where no residential
districts have been approved for the adjacent lands.
2. The Country Residential District can allow three or more residential developments. The
approval of this amendment has the potential to create negative impacts on the adjacent
agricultural land and thus does not conform to the goal of the MDP of "protecting
agriculture and agricultural activities".
3. The approval of this amendment is an example of "Spot Zoning" which is disruptive to
the pattern of land use, undermines the orderly use of land and is not encouraged by the
County of Newell.
4. Currently, the residence is sharing the same road approach with the company. The
approval of this amendment and the sale of the parcel will unnecessarily create a new
approach to the public road.
Carried.
16. Other Business
1. Mar, Whaley & Douglas - Pt E % & Pt SW 33-18-15-W4 and Sec 21-18-15-W4
Consideration for Discharge of Restrictive Covenant -Division 5
Doug Mar and Whaley Mar were in attendance to present information on this request. Moved by
Councillor Musgrove that Doug Mar and Whaley Mar be allowed to present as a delegation. Carried
Unanimously. This item was postponed until a legal opinion on this matter could be obtained.
October 31, 2002 Page 113
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17. Post Agenda Items
"~ 1. Penmits #2441 - 2445 -Lake Newell Resort Plan 9411173, Units 25 & 26
Plan 9411176, Units 76, 77, 78 -Antelope Development Corp -Division 5
Moved by Councillor Moss that, prior to the issuance of Development Permits, the developer provide
documentation to the Development Officer that this development conforms to the Lake Newell
Resort Architectural guidelines and has been approved by the Lake Newell Resort Architectural
Board. Carried.
2. 02 NL 027 - NE 23-17-13-W4 -Division 2
Gray & Company Holdings Ltd -Farmstead Separation
This item was referred to the next meeting to allow the planner to obtain information on possible
intensive livestock operations in the area.
3. 02 NL 026 - NW 25 and SW 36-18-15-W4 -Division 5
A1taLink Management -Subdivision of Subdivided Ouarter
Moved by Councillor Musgrove that we recommend to Council that they refuse Subdivision
Application 02 NL 026 for a subdivision within the NW 25 and SW36-18-15-W4 as this is not an
unsubdivided quarter section and contravenes County subdivision policies. Carried.
4. 02 NL 028 - NW 33-19-14-W4 -Division 2
Gray & Company Holdings Ltd -Farmstead Separation
Moved by Councillor Moss that we recommend to Council that they refuse Subdivision Application
02 NL 028 for a farmstead separation within the NW 33-19-14-W4 as this is not an unsubdivided
quarter section and that the subject lands are in an agricultural district. Carried.
5. Buhler, Parnel and Kyla - SW 36-18-15-W4 -Division 5
OF -Urban Fringe to CR -Country Residential and LI -Light Industrial
Kyla Buhler was in attendance to provide information on this application. Moved by Councillor
Moss that Ms. Buhler present as a delegation. Carried Unanimously. Moved by Councillor
Musgrove that we do a site inspection prior to making a decision on this matter. Carried.
6. Evergreen Industrial Area Structure Plan
The Evergreen Industrial Area Structure Plan was circulated and referred to the next meeting.
October 31, 2002 Page 114
7. Public Works and ASB -Referrals
Moved by Councillor Musgrove that all subdivision and land use amendment applications be
referred to the Public Works Department and Agricultural Service Board for their input prior to the
Municipal Planning Commission making a decision on the application. Carried.
18. Question Period
A question period was held.
19. Information Items
There were no information items.
20. Adjourn
Moved by Councillor Moss that the meeting adjourn at 3:19 p.m. Carried.
CHAIRMAN
~f~ _ /_
PLANNER
October 31, 2002 Page 115