HomeMy WebLinkAboutBoard of Adjustment 09-24-09 z
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ST. CROIX COUNTY BOARD OF ADJUSTMENT
Thursday, September 24, 2009
8:30 a.m.
Government Center, Hudson, Wisconsin- County Board Room
AGENDA
A. CALL TO ORDER/ ROLL CALL
B. OPEN MEETING LAW STATEMENT
C. ACTION ON PREVIOUS MINUTES
D. DATE OF NEXT MEETING: October 22, 2009
E. UNFINISHED BUSINESS
1. Heartland Montessori School
2. Murr
F. PUBLIC HEARINGS — See Attached
G NEW BUSINESS
1. Composition of Board of Adjustment — discussion
2. Closed session pursuant to Wisconsin Statutes 19.85(1)(g) to confer with legal counsel
concerning strategy to be adopted by the Board with respect to litigation in which it is
involved. Reconvene in open session.
H. ANNOUNCEMENTS AND CORRESPONDENCE
I. ADJOURNMENT
(Agenda not necessarily presented in this order.)
SUBMITTED BY: St. Croix County Planning and Zoning Department
DATE: September 14, 2009
COPIES TO: County Board Office County Clerk
Board Members News Media/Notice Board
* CANCELLATIONS /CHANGES /ADDITIONS
PUBLIC HEARING NOTICE
The St. Croix County Board of Adjustment has scheduled a public hearing for Thursday, September 24, 2009, at 8:30
a.m. at the Government Center, 1101 Carmichael Road, Hudson, Wisconsin, to consider the following requests under
the St. Croix County Zoning Ordinance. The Board will view each site in question, after which the Board will
deliberate and vote on the requests.
SPECIAL EXCEPTION
1. APPLICANT: Dennis & Marjorie VanRoekel
LOCATION: NE' /4 of the SE' /4 of Section 35, T29N, R17W, Town of Hammond
ADDRESS: 640200 Street
REQUEST: Variance request to allow a livestock structure housing animals to be in the 200 foot setback
from a property line in the Agricultural- Residential District in the Town of Hammond
pursuant to Section 17.12(14)(a) of the St. Croix County Zoning Ordinance.
2. APPLICANT: Mr. Brent Wirth, property owner & Dennis St. Aubin of Country Comfort
* ** *WITHDRAWN * * **
LOCATION: SW t /4 of the SW 1 /4 of Section 5, T3 IN, RI 6W, Town of Cylon
ADDRESS: 2301 Hwy 46
REQUEST: Item #1:
Special Exception to allow the installation of a bulk petroleum storage facility in the
Commercial District in the Town of Cylon pursuant to Section 17.18(1)(a) of the St. Croix
County Zoning Ordinance.
Item #2:
Special Exception Addendum to rent out the existing house as a primary dwelling in the
Commercial District in the Town of Cylon pursuant to Section 17.18(l)(a) of the St. Croix
County Zoning Ordinance.
3. APPLICANT: Michael G. McGuire
LOCATION: Gov't Lot 2 of Section 35, T30N, R20W, Town of St. Joseph
ADDRESS: 1246 Hwy 35 N
REQUEST: Special Exception request for filling and grading within 40 feet of the Slope Preservation
Zone within Rural Residential Management Zone in the Lower St. Croix Riverway Overlay
District in the Town of St. Joseph pursuant to Section 17.36(F)(3)(a)(5) of the St. Croix
County Zoning Ordinance.
4. APPLICANT: Redeemer Lutheran Church
LOCATION: NE' /4 of the NE' /4 of Section 10, T29N, R19W, Town of St. Joseph
ADDRESS: Corner of County A & Scott Road
REQUEST: Special exception request to construct a church in the Agricultural- Residential District in the
Town of St. Joseph pursuant to Section 17.15(6)(s) of the St. Croix County Zoning
Ordinance.
All interested persons are invited to attend said hearing and be heard. Additional information may be obtained from
the St. Croix County Planning and Zoning Department, Hudson, Wisconsin at (715) 386 -4680.
Clarence W. Malick, Chairperson
St. Croix County Board of Adjustment
DORIGINAL
BOARD OF ADJUSTMENT MEETING AND HEARING MINUTES
September 24, 2009
The meeting was called to order by Chairperson Clarence "Buck" Malick at 8:30 a.m. A
roll call was made. David Peterson and Joe Hurtgen were present. Sue Nelson and Jerry
McAllister were absent and excused. Staff included: David Fodroczi, Planning & Zoning
Director; Kevin Grabau, Code Administrator; Alex Blackburn, Zoning Specialist; Pam
Quinn, Zoning Specialist and Becky Eggen, Recorder.
Staff confirmed to the Board that this was a properly noticed meeting.
The next meeting for the Board is scheduled for Thursday, October 22, 2009 at 8:30 a.m.
in the County Board Room of the Government Center in Hudson.
Application #1: Dennis & Mariorie VanRoekel -- Variance
The applicants requested a variance to allow a livestock structure housing animal units
(the barn) to be in the 200 foot setback from the property line in the Ag- Residential
District in the Town of Hammond.
Staff presented the application and staff report. The Town of Hammond recommended
approval of the request. St. Croix Land and Water Conservation Department stated that a
nutrient management plan will be needed for this dairy farm operation. The applicant has
submitted the proposed CSM for approval under Land Division Ordinance and one of the
conditions of approval will be the submission of a nutrient management plan. Staff
recommended if the Board could make eight findings of fact and conclusions of law in
the staff report and finds that a hardship does exist the variance would be granted.
Dennis VanRoekel signed an oath and spoke in favor of the request. He stated diary
operations are hurting and he is just trying to keep his operation going and would like to
refinance without having to touch retirement accounts to keep their dairy operation
operational.
No one testified in opposition.
Application #3: Michael G. McGuire — Special Exception
The applicants requested a special exception permit for filling and grading within 40 feet
of a slope preservation zone in the Lower St. Croix Riverway District in the Town of St.
Joseph.
Staff presented the application and staff report. The Town of St. Joseph recommended
approval of the application. St. Croix County Land and Water Conservation Department
reviewed the application and supported the replacement of the existing POWTS system.
If all erosion control measures are installed and maintained until vegetation is re-
established the project should have minimal impact on the local resource. Wisconsin
Department of Natural Resources and had no concerns except to make sure proper
erosion control methods are used and installed correctly and excess spoils are removed
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from the site.
James Thompson, agent for the applicant, signed an oath and spoke in favor of the
request. He testified he had no disagreements with the staff report and was available for
any questions.
No one testified in opposition.
Application #4: Redeemer Lutheran Church — Special Exception
The applicants requested a special exception permit for an institutional use to construct a
new church in the Ag- Residential District in the Town of St. Joseph.
Staff presented the application and staff report. The Town of St. Joseph recommended
approval of the special exception request for the new church facility with conditions that
any planting along County Road A and Scott Road be outside of the right -of -way,
obtaining a permit for new signage, lighting will be directed downward, and all runoff
must be retained on the site. St. Croix County Land and Water Conservation Department
found the storm water and erosion control plans to be adequate for the site. The
Department recommended the applicants record a storm water operation and maintenance
plan affidavit on the deed of the property. Staff recommended approval with 12 findings
of fact and conclusions of law with 15 conditions for consideration.
No on testified in favor or in opposition of the request.
The Board recessed for a break at 9:14 a.m.
The Board reconvened at 9:26 a.m.
Decisions
After hearing the testimony and reviewing the material in the record, the Board rendered
the following decisions:
Application #4: Redeemer Lutheran Church — Special Exception
Motion by Hurtgen, second by Peterson to approve the special exception for an
institutional use to construct a new church in the Ag Residential District in the Town of
St. Joseph based on the following finding of fact and conclusion of law:
1. The applicant is Redeemer Lutheran Church, property owner, with Wesley Edgar
acting as their agent.
2. The site is located on Lot 1 of CSM Vol. 20 Page 5107 in NE 1/ of the NE 1/ of
Section 10, T29N, R19W, Town of St. Joseph, St. Croix County, Wisconsin.
3. The applicants filed an application with the Board of Adjustment for a special
exception permit to construct a 7,400 square foot building to provide a new
church for the Redeemer Lutheran congregation, which is allowed as an
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institutional use in the Ag Residential District pursuant to Section 17.15(6)(s) of
the St. Croix County Zoning Ordinance.
4. The Town of St. Joseph Town Board reviewed plans at their July 2, 2009 meeting
and recommended approval of the special exception request for the new church
facility with conditions that any planting along Cty. Rd. A and Scott Rd. be
outside the right -of -way, obtaining a permit for any new signage, lighting will be
directed downward, and all runoff must be retained on the site.
5. The St. Croix County Land and Water Conservation Department staff, Steve
Olson, reviewed the plans and finds the stormwater and erosion control plans to
be adequate for the site. The LWCD recommends that the applicant record a
stormwater operation and maintenance plan affidavit on the deed to the property.
6. This request would not violate the spirit or general intent of the St. Croix County
Zoning Ordinance in that a church is an institutional use that is reasonable and
appropriate in the Ag Residential District, which the property is currently zoned. Its
location on the corner of Scott Rd. and Cty. Rd. `A' makes it easily accessible to
area residents. The site has proposed adequate space for parking and traffic
circulation without creating any traffic hazards or public safety concerns.
7. The surrounding properties feature agricultural low- density residential uses,
agricultural cropland, and commercial enterprises. The request will not have an
impact on the value of surrounding properties and is compatible with the use and
character of the surrounding area. With conditions for providing code - compliant on-
site wastewater treatment system, construction of the storm water infiltration pond,
developing and implementing a landscape plan, and providing sufficient off - street
parking, this request would not negatively impact the health, safety, or welfare of the
public, nor would it be substantially adverse to property values for nearby
residences.
8. Downward directed lighting is proposed as part of this application. With conditions
for shielding light sources from adjacent properties, screening parking areas and
landscaping, and ensuring that noise is kept to a minimum for adjacent property
owners, this request would not constitute a nuisance by reason of noise, dust, smoke,
odor or other similar factors.
9. The applicants propose to provide dust -free, off - street parking for 52 vehicles during
regularly scheduled events such as weekly church worship services. Up to five (5)
employees may work on the site during weekday hours of operation. Traffic for
worship services, weddings, funerals or other events will be intermittent and is not
expected to have a detrimental impact on the road system. The newly created gravel
parking area has already been used by neighboring property owners for special
events in late 2008 and 2009. With conditions for construction of off - street parking
spaces designed to accommodate the entire church facility and paving the driveway
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and parking lot, the applicant will meet the minimum parking standards pursuant to
Section 17.57(7) of the St. Croix County Zoning Ordinance.
10. The applicant filed an addendum for a land use permit with the Board of
Adjustment for filling and grading an area exceeding 10,000 square feet on slopes
>12% - 24.9% pursuant to Section 17.12(7) of the St. Croix County Zoning
Ordinance. However, subsequent review by staff of grading plans that document
original contours on the lot show that slopes average approximately 10% and land
disturbance will be less than one (1) acre. Therefore, no land use permit is
required for filling and grading done in 2008 and the addendum may be
withdrawn.
11. With conditions for implementing and maintaining proper erosion control
measures before, during, and after construction; re- vegetating the disturbed areas
with native plants and /or species the same as the plants removed, and excavating
the storm water infiltration pond as designed, this request will not violate the
spirit or general intent of the St. Croix County Zoning Ordinance and will meet
the requirements of Section 17.70(7)(a).
12. With conditions for the proper construction and long -term operation and
maintenance of the storm water management structure; for completing the
driveway and parking with a dust -free surface, and the replanting and long -term
care and maintenance of native vegetation, the request will not be contrary to the
public health, safety, or general welfare, nor will it be substantially adverse to
property values in the neighborhood, or constitute a nuisance.
With the following conditions:
1. This special exception permit allows the applicant to construct a 7,400 square foot
building, parking lot, stormwater control structures, and a new POWTS.
2. Prior to commencing construction, the applicants shall obtain any other required
local, state, or federal permits and approvals, including but not limited to a permit
for a code - compliant sign and a sanitary permit for the POWTS.
3. Prior to commencing construction, the applicant shall submit to and have
approved by the Zoning Administrator a landscaping plan to create a vegetative
buffer at least 10 feet in width along the west property line that includes native
evergreen trees and shrubs at least six feet in height at the time of planting to
screen the parking lot from adjacent properties and retain the rural character and
natural beauty of the area. The buffer shall attain at least 80% opacity at maturity.
The plan should include the species, size, and location of all trees, shrubs, and
groundcover to be planted on the site, as well as a timeline for the plantings and a
maintenance agreement to ensure that all vegetation establishes successfully and
is maintained. Upon complaint by neighboring property owners and review by the
Zoning Administrator, the applicant may be required to provide additional
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landscaped buffers along the north and south property lines.
4. Prior to commencing construction of the building, stormwater infiltration pond
and /or the POWTS, the applicants shall schedule an on -site pre - construction
meeting that includes the property owners, general contractor, excavator, St.
Croix County Planning & Zoning, and Land and Water Conservation Department
staff members. Items to be discussed include, but are not limited to, coordinating
installation of erosion control, construction timelines, compliance with all other
pre - construction conditions, and roles and responsibilities of all parties.
5. The property shall be maintained in a neat and orderly manner.
6. No signs are approved as part of this permit. The existing sign is free - standing
and does not comply with requirements for a permanent on- premise sign pursuant
to Section 17.65D.2.c. The existing sign must be replaced with a code - compliant
monument design after permit application review and approval by the Zoning
Administrator in accordance with Subchapter VI, Section 17.65 of the St. Croix
County Zoning Ordinance.
7. All lights on the site must be downward directed and shielded away from
neighboring properties to prevent glare. Only lights on the building or building
overhangs at a level not to exceed the height of the lowest eaves may be left on
overnight for security purposes. Lights in the parking lot shall only be on during the
hours of approved events.
8. The applicants will provide paved, off - street parking for 52 vehicles.
9. General hours of operation for any church - related activities or other events shall
not extend beyond 7:00 AM and Midnight.
10. Upon complaints of regularly occurring, excessively loud noise at any time, the
applicants shall work with the Zoning Administrator to abate the noise problem.
In the event that the matter cannot be resolved administratively, the applicants
shall take the matter before the Board of Adjustment at a public hearing.
11. Prior to commencing construction, the applicant shall submit a surety in the form of
a cash compliance deposit in an amount of $1,100.00 to be held by the Zoning
Administrator until the project has been completed and approved to be in
compliance with the conditions of this permit and all applicable provisions of the
Ordinance, at which time the deposit will be refunded in full.
12. Within 30 days of completing construction, the applicants shall supply an as -built
drawing signed by project engineer that all improvements and stormwater
components were installed as designed and shall submit photos of the site and
certification from the project engineer or registered landscape architect that the
project has been completed as approved. The applicants shall record the storm
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water management plan and operation and maintenance agreements for all storm
water features and private on -site wastewater treatment systems ( POWTS) against
the property and shall provide a recorded copy to the Zoning Administrator.
13. The applicant shall have one (1) year from the date of this approval to commence
construction and two (2) years from the date of this approval to complete it.
Failure to do so shall result in expiration of the special exception permit. If the
special exception permit expires before construction commences, the applicant
will be required to secure a new special exception permit before starting or
completing the project. The applicant may request extensions of up to six months
not to exceed a total of one year from the Zoning Administrator prior to the
expiration of the permit in the event that additional time is needed to secure other
required permits and approvals.
14. The applicants shall contact the Zoning Administrator to review this special
exception permit in two years from the approval date for compliance with the
conditions of this approval. These conditions may be amended or additional
conditions may be added if unanticipated circumstances arise that would affect
the health and/or safety of citizens or degrade the natural resources of St. Croix
County. Conditions will not be amended or added without notice to the applicant
and an opportunity for a hearing.
15. Any change in ownership of the property, change in use, or change in project
details — including but not limited to expansion, landscaping, or lot/access changes
— shall require prior review and approval by the Zoning Administrator and in some
circumstances through the special exception approval process as stated in the
Ordinance. Any minor change or addition to the project, including but not limited to
design of the project, future additional parking, access changes, or POWTS location
shall require review and approval by the Zoning Administrator and the Land and
Water Conservation Department prior to making the change or addition. Any
major change or addition to the originally approved plan will have to go through the
special exception approval process.
16. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
Application #1: Dennis & Mariorie VanRoekel -- Variance
Motion by Peterson, second by Hurtgen to approve the variance to allow a livestock
structure to be in the 200 foot setback to the property line in the Ag Residential District in
the Town of Hammond based on the following findings of fact and conclusions of law:
1. The applicants are Dennis and Marjorie VanRoekel, property owners.
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2. The site is located at 640 200' Street, in the NE '/ of the SE '/ of Section 35,
T29N, R17W, Town of Hammond, St. Croix County, Wisconsin.
3. The Town of Hammond has received the application and the applicant will try to get
on the Town Board agenda for the September 14"' meeting.
4. The applicant filed an application with the Board of Adjustment for a variance to
create a lot with a lot line that will encroach on the 200 foot setback to a property
line the Ag Residential District pursuant to Sections 17.12(14) (a) of the St. Croix
County Zoning Ordinance.
5. The proposed lot line will be 40 feet from the structure that houses animal units,
an encroachment of 160 feet within the County's 200 -foot required setback.
6. The purpose of the 200 foot setback is to rotect residential lots ots and more
importantly the houses built on them, from the noise and odors associated with the
housing of animal units. In this situation the house already exists approximately
135 feet from the barn that houses dairy cattle. The house was built in the 1970's
and the 200 foot setback was not a requirement at that time, therefore this
situation was not created by the applicant.
7. Granting this variance request would be consistent with Section 17.70(5)(c)3. and
Wisconsin State Statutes §59.694 for the following reasons; This request would
not be contrary to the public interest since the barns and house already exist. The
spirit of the ordinance would be observed and substantial justice would be done
since the location of the property line would only affect the applicants' existing
buildings and no vacant lots. A literal enforcement would result in an
unnecessary hardship since the applicant would be forced to move an existing
building that was compliant when built.
8. Granting this variance would be consistent with Section 17.70 (6) (e) for the
following reasons; the use would not change and is not prohibited in this district.
The hardship is not self created since the buildings are already in their current
locations.
With the following condition:
1. This variance will allow the applicant to create the proposed lot as shown on the
revised CSM and will have a minimum separation of 40 feet from the barn to the
lot line. This approval does not include any additional structures, impervious
coverage, filling and grading, or other activities.
Motion passed 2 -1. Chairperson Malick opposed.
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Application #3• Michael G. McGuire — Special Exception
Motion by Hurtgen, second by Peterson to approve the special exception permit for
filling and grading within 40 feet of the slope preservation zone in the Lower St. Croix
Riverway District based on the following findings of fact and conclusions of law:
1. The applicant is Michael G. McGuire et al, property owners.
2. The site is located at 1246 Hwy 35N on Gov't. Lot 2, Section 35, T30N, R20W,
Town of St. Joseph, St. Croix County, WI.
3. The Town of St. Joseph recommended approval of the Special Exception
Application for filling and grading within 40 ft. of the slope preservation zone.
4. The St. Croix County Land and Water Conservation Department supports the
replacement of the existing POWTS system as described in the application. If all
erosion control measures are installed and maintained until vegetation is
reestablished the project should have minimal impact on the local resource.
5. The Wisconsin Department of Natural Resources had no concerns except to make
sure proper erosion control methods are used and installed correctly and excess
spoils are removed from the site.
6. The applicant filed with the Board of Adjustment an application for a special
exception permit for filling and grading within 40 feet of a slope preservation
zone in the Lower St. Croix Riverway District in order to install a replacement
POWTS for an existing legal, nonconforming residence pursuant to Section 17.36
F.3.a.5) and subject to the performance standards in Section 17.36 H.5 and
17.36.H.9 of the St. Croix County Zoning Ordinance. The applicant proposes to
disturb an area of approximately 1,200 square feet to excavate for a combination
septic /dose tank, a forcemain pipe, and two 3' x 70' wastewater dispersal cells.
Only the septic and dose tanks and an excavated trench for the forcemain will be
within 40 feet of the bluffline or slope preservation zone. The combination
septic /dose tank was placed as far from the bluffline as was feasible to still meet
the minimum requirements of Dept. of Commerce plumbing code.
7. No changes to the existing principal or accessory structures are necessary to
install the replacement POWTS. The project will not entail the disturbance of any
wetlands, nor will it add impervious coverage or change the drainage of the site.
With conditions for protecting existing trees, replacing any vegetation that is
removed or that die as a result of the replacement system with native vegetation,
and properly implementing the erosion and sediment control plan, this request
will meet the standards in Section 17.36 H.5 of the St. Croix County Zoning
Ordinance.
8. This request would not violate the spirit and intent of the Lower St. Croix
Riverway District. Replacing an aging POWTS will reduce the risk of
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contamination of surface water and groundwater from septic system failure. With
the conditions listed in Finding #7 above, this request would not contribute to soil
erosion and would not negatively impact the exceptional scenic, cultural and
natural characteristics of the Lower St. Croix River.
9. All equipment and materials would be brought into the site via the existing
driveway from Highway 35. For reasons in Finding #8 above, this request would
not be contrary to the public health, safety, or general welfare or be substantially
adverse to property values in the neighborhood, nor would it constitute a nuisance
by reason of noise, dust, smoke, odor, or other similar factors.
With the following conditions:
1. This special exception allows the applicant to install a replacement POWTS
within 40 feet of the slope preservation zone. All work shall be done in
accordance with the conditions below. The total disturbed area for the projects
shall not exceed 1,200 square feet. Approval of the special exception permit does
not include any additional structures, vegetation removal, filling and grading, or
other activities within the slope preservation zone.
2. Prior to commencing construction of the POWTS, the applicants shall secure any
other required local, state, or federal permits and approvals, including but not
limited to sanitary permits.
3. Prior to commencing any excavation activities, the approved erosion control
measures shall be installed and maintained until the disturbed areas have been
stabilized with permanent native vegetation. Due to potential damage to the
POWTS from root intrusion, vegetative cover over the dispersal cells must be
varieties that are known to have shallow root systems. During construction, the
smallest amount of bare ground shall be exposed for as short a time as possible.
Temporary ground cover such as mulch shall be used until permanent appropriate
vegetative cover is successfully established. Phosphorous fertilizers shall not be
used to establish and maintain vegetation on the disturbed area of the site, unless a
soil test confirms that phosphorous is needed.
4. Any minor change or addition to the project, including but not limited to design of
the project, shall require review and approval by the Zoning Administrator prior
to making the change or addition. Any major change or addition to the originally
approved plan will have to go through the variance approval process.
5. The applicant shall have one (1) year from the issuance of these approvals to
commence installation of the replacement POWTS and two (2) years to complete
it. Failure to do so may result in expiration or revocation of this decision, after
which time the applicant will be required to secure a new variance before starting
or completing the project.
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6. These conditions may be amended or additional conditions may be added if
unanticipated circumstances arise that would affect the health and /or safety of
citizens or degrade the natural resources of St. Croix County. Conditions will not
be amended or added without proper notice to the applicant and an opportunity
for a hearing.
7. Accepting this decision means that the applicant has read, understands, and agrees
to all conditions of this decision.
Motion carried unanimously.
Unfmished Business
• Heartland Montessori School — Motion by Peterson, second by Hurtgen to sign
and send letter from the Board of Adjustment to the Town of Troy if no appeal
has been brought forth. Motion carried unanimously.
• Murr — Appeal briefs due dates are coming up in October.
Minutes
Motion by Peterson, second by Hurtgen to adopt the August 27, 2009 minutes.
Motion passed unanimously.
New Business
Discussion about changes with Board of Adjustment members with the District changes
in 2010.
The meeting was adjourned by the Chair at 10:30 a.m.
Respectfully submitted,
"Cu e cjn
Buck Malick, Board Chair Becky Eggeoecucwlg Secretary
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