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03-16-2020 (Zoning Board of Adjustment) Agenda Packet Zoning oar o A d . us men s F 47,1;, Ch> r 1 ..,;1/4-1' Fe ,, i ,- , - A. ...2, , Fi -. .,/ , .1, . ,,,,,. ,., 41 ,/,,, .., --„, __.„......-_ ,...,____ ---'''' ifi r N ...........ii EIT-- „A.,.,„,.- � s, «rsi. v oA V;10 ', , (T)' - .�,» 00, COLORADO -T- iill6 Alipi ri,ol,k 90..4A RAt l r4k 1 (3 1887 sy,4.TE OF TEILS arc Regular Meeting Zoning Adjustment of Adjustment NOTICE OF MEETING Regular Meeting Agenda March 16, 2020 — 6:30 pm Wylie Municipal Complex - Council Chambers 300 Country Club Road, Building #100 Wylie, TX 75098 Jason Potts Chair Byron Betler Vice Chair Robert Blair Board Member Andres Gonzalez Board Member Lisa Shields Board Member Dan Norris Alternate Board Member Shaun Chronister Alternate Board Member Jasen Haskins Planning Manager Kevin Molina Sr Planner Mary Bradley Administrative Assistant In accordance with Section 551.042 of the Texas Government Code, this agenda has been posted at the Wylie Municipal Complex, distributed to the appropriate news media, and posted on the City website: www.wylietexas.gov within the required time frame. As a courtesy, the entire Agenda Packet has also been posted on the City of Wylie website: www.wylietexas.gov. The Board request that all cell phones and pagers be turned off or set to vibrate. Members of the audience are requested to step outside the Council Chambers to respond to a page or to conduct a phone conversation. The Wylie Municipal Complex is wheelchair accessible. Sign interpretation or other special assistance for disabled attendees must be requested 48 hours in advance by contacting the City Secretary's Office at 972.516.6020. Hearing impaired devices are available from the City Secretary prior to each meeting. CALL TO ORDER Announce the presence of a Quorum CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address the Board regarding an item that is not listed on the Agenda. Residents must fill out a non-agenda form prior to the meeting in order to speak. The Board requests that comments be limited to three (3) minutes. In addition, the Board is not allowed to converse, deliberate or take action on any matter presented during citizen participation. CONSENT AGENDA A. Consider and act upon approval of the Minutes for the February 17, 2020 Meeting. March 16,2020 Zoning Board of Adjustment Regular Meeting Agenda Page 2 of 2 EXECUTIVE SESSION If during the course of the meeting covered by this notice,the Zoning Board of Adjustment should determine that a closed or executive meeting or session of the Zoning Board of Adjustment or a consultation with the attorney for the City should be held or is required, then such closed or executive meeting or session or consultation with attorney as authorized by the Texas Open Meetings Act,Texas Government Code § 551.001 et. seq.,will be held by the Zoning Board of Adjustment at the date, hour and place given in this notice as the Zoning Board of Adjustment may conveniently meet in such closed or executive meeting or session or consult with the attorney for the City concerning any and all subjects and for any and all purposes permitted by the Act,including,but not limited to,the following sections and purposes: Texas Government Code Section: § 551.071—Private consultation with an attorney for the City. REGULAR AGENDA A. Consider and act upon adoption of Rules and Procedures for the Zoning Board of Adjustment to reflect changes to State Law, City Ordinances, and other matters. Public Hearing 1. Hold a Public Hearing to consider and act upon a request by Wylie ISD for a variance to Section 22-448 of the Sign Ordinance to allow for an increase of the width and area of a monument sign located at 2550 W FM 544. ZBA 2020-04 ADJOURNMENT CERTIFICATION I certify that this Notice of Meeting was posted on March 13, 2020 at 5:00 p.m. as required by law in accordance with Section 551.042 of the Texas Government Code and that the appropriate news media was contacted. As a courtesy, this agenda is also posted on the City of Wylie website: www.wylietexas.gov. Stephanie Storm,City Secretary Date Notice Removed This page is intentionally blank \‘. .4 �V Zoning Board of Adjustment Minutes Regular Meeting February 17, 2020—6:30 p.m. Wylie Municipal Complex—Council Chambers 300 Country Club Road, Bldg. 100 Wylie, TX 75098 CALL TO ORDER Announce the presence of a Quorum. Chair Jason Potts called the meeting to order at 6:37pm and announced the presence of a quorum. Board Members in attendance; Chair Jason Potts, Vice Chair Byron Betler, Board Member Andres Gonzalez, Board Member Dan Norris, and Board Member Robert Blair. Board Members absent:, Board Member Lisa Shields and Board Member Shaun Chronister. Staff present were Mr. Jasen Haskins, Planning Manager, Mr. Kevin Molina, Senior Planner and Ms. Tina Link, Deputy City Secretary. CITIZENS COMMENTS ON NON-AGENDA ITEMS Residents may address the Board regarding an item that is not listed on the Agenda. Residents must fill out a non-agenda form prior to the meeting in order to speak. The Board requests that comments be limited to three (3) minutes. In addition, the Board is not allowed to converse, deliberate, or take action on any matter presented during citizen participation. No one addressed the Board. CONSENT AGENDA All matters listed under the Consent Agenda are considered to be routine by the Board and will be enacted by one motion. There will not be separate discussion of these items. If discussion is desired, that item will be removed from the Consent Agenda and will be considered separately. A. Consider and act upon approval of the Minutes for the January 20, 2020 Meeting. Board Action A motion was made by Board Member Gonzalez, and seconded by Board Member Blair, to approve the minutes as submitted. A vote was taken and carried 5 — 0. Minutes February 17,2020 Zoning Board of Adjustment Page 1 REGULAR AGENDA Public Hearing 1. Hold a public hearing to consider and act upon a request by Jake Fears for a variance to Section 4.2.A.3 of the Zoning Ordinance to allow for a side setback of 3 feet in lieu of the required 10 feet, property located at 809 Woodbridge Parkway. ZBA 2020-02 Staff Comments Mr. Molina stated that the property is located at 809 Woodbridge Parkway and is zoned Planned Development (PD 2003-01) within the Woodbridge Centre Phase II. The applicant is seeking a variance to allow for three feet side setbacks for 199 square foot of building area on the northern side of the lot. The northern property line indents to the south midway along the property line. The indentation creates a hardship for the required 10 feet side setback is excessive compared to the setbacks for the rest of the property. The property also has a 60 feet wide easement from North Texas Municipal Water District on the southern side of the property. Nine public comment forms were mailed to surrounding property owners. No comment forms were received in favor or in opposition of the request. Public Comments Chair Potts opened the Public Hearing. Jay Jamerson, Seqouiz Retail Group, 1700 Cedar Spring Road, Suite 1204, Dallas, Texas, represented the buyer of the property, stating that the property will be developed as an 8,000 square foot retail strip center. The developer for Woodbridge Centre Phase I created the indentation on the property line, but they were unable to locate the reason for the indentation. Additionally, Krogers is the owner of the property and approves the site layout. Ms. Casey Orr, Wier Associates, civil engineering firm for the property, stated that the spirit and intent of the lot is being met with the layout of the building and generally conforms to the requirements within the zoning code. Chair Potts closed the Public Hearing. Board Action A motion was made by Vice Chair Betler, and seconded by Board Member Gonzalez, to grant the variance to Section 4.2.A.3 of the Zoning Ordinance to allow for a side setback of three feet. Property located at 809 Woodbridge Parkway. A vote was taken and carried 5 —0. Minutes February 17,2020 Zoning Board of Adjustment Page 2 2. Hold a public hearing to consider and act upon a request by Divyesh Patel for a variance to Section 3.2.A.3 and 7.3.C.3 of the Zoning Ordinance to allow for a side setback of two feet and for the use of gravel as a parking surface, property located at 412 Foxwood Lane. ZBA 2020-03 Staff Comments Mr. Molina stated that the subject property is located at 412 Foxwood Lane and is currently zoned within the Stone Grove Planned Development Ordinance 1993-29. The applicant is seeking a variance to allow for a two feet side setback for the placement of a carport. The Zoning Ordinance requires a five feet setback. The applicant is also requesting to use gravel in lieu of concrete. The City Engineer does not recommend gravel due to environmental reasons and maintenance issues. Twenty-four comment forms were mailed to surrounding property owners. Three comment forms were received in opposition of the request and no comment forms received in favor of the request. Public Comments Chair Potts opened the Public Hearing. Mr. Divyesh Patel, 412 Foxwood, property owner of the subject property, stated that the area for the carport will be part gravel and the majority is concrete. There is current gravel in the driveway, which was there when he purchased the house. The proposed carport is for two-car parking. The Board Members expressed concern for anchoring the carport. Mr. Patel stated that a portion of the carport would be anchored in through the gravel. Board Members expressed concern of losing three feet of driveway and closeness of the placement of the carport to neighbors property line. Chair Potts closed the Public Hearing. Board Action A motion was made by Board Member Blair, to deny the variance for the use of gravel as a parking surface. Motion failed for lack of second. Staff recommended that the motion be one vote for the entirety and not to split the votes into two. A motion was made by Vice Chair Betler, and seconded by Board Member Gonzalez, to Deny the request for variances to Section 3.2.A.3 and 7.3.C.3 of the Zoning Ordinance, property located at 412 Foxwood Lane. ZBA 2020-03. A vote was taken and carried 4 — 1, with Board Member Blair voting in opposition. WORK SESSION 1. Hold a work session to review proposed updated Board Rules and Procedures. Minutes February 17,2020 Zoning Board of Adjustment Page 3 Staff Comments Mr. Haskins reviewed the proposed rules and procedures for the Zoning Board of Adjustment, that is similar to the Planning and Zoning Commission. However, the Zoning Board of Adjustment is regulated by the State. Staff is requesting direction on the rules and procedures, which will be taken to Council for approval and brought back to the Zoning Board of Adjustment for adoption. Board Discussion The Board was in agreement to leave the start time for meetings at 6:30PM and directed staff to take the document to Council for consideration. ADJOURNMENT A motion was made by Board Member Blair and seconded by Board Member Norris, to adjourn the meeting. A vote was taken and carried 5 — 0. Jason Potts, Chair ATTEST: Tina Link, Deputy Secretary Minutes February 17,2020 Zoning Board of Adjustment Page 4 Wylie Zoning Board of r )1 Adjustment o EE AGENDA REPORT Meeting Date: March 16, 2020 Item: A Department: Planning Case Number: N/A Prepared By: Jasen Haskins Project Location: N/A Date Prepared: March 9, 2020 Subdivision Name: N/A Exhibits: ZBoA R&P Subject Consider and act upon adoption of Rules and Procedures for the Zoning Board of Adjustment to reflect changes to State Law, City Ordinances, and other matters. Discussion The City Charter(Article VIII Section 3.F)requires that all Boards and Commission have Rules and Procedures for operation. Generally, the Zoning Board of Adjustments has operated off of the rules and guidelines as provided in the Local Government Code and the City of Wylie Zoning Ordinance, with some variable items, such as a change to the meeting time, handled through general consensus of the Board. However, at a work session in February 2020 with the Board, staff recommended a formal R&P document be adopted by the Board for clarification and simplicity. Recommendations include; adding enacted term limits, changes to allow 6-minute limits for groups and when an interpreter is required, updating member contact requirement to allow the use of email, and other rewording for clarification. To allow for the R&P to follow closely with City Council's general rules where appropriate, the City Secretary has reviewed the proposed R&P and any suggestions have been included; and while not required, Council reviewed and approved the proposed amendments on March 10, 2020. Approved By Initial Date Department Director March 9 2020 Page 1 of 1 10 Mission,ion, City of Wylie, Texas A �Mmbo tospfx°'P'W�bM�"Pka '�'Y$'p�HJ"17nis the embit: enc , Zoning Board of Adjustment m^� nc ma pu f"h. M o, 1"d to enhance �b q ttry� � Rules of Procedure WYLIE 1. Statement 1.1. It is hereby declared that appointment to the Zoning Board of Adjustments is a distinct honor and the trust imposed in the appointee involves the corresponding obligation of the appointee to serve the community by regular attendance and participation in the proceedings of the body. 2. Creation and Membership 2.1. The Board was created by Ordinance 1962-05 and amended in 1982 and the City Charter in 1985, and serves at the will of the City Council. 2.2. The Zoning Board of Adjustments shall consist of five (5) regular members and two (2) alternate members who will serve for terms of two (2) years. A Commissioner shall generally be limited to three two-year terms, per Ordinance 2020-07. The members will be resident citizens, taxpayers, and qualified voters of the City. 2.3. In accordance with State law, Board members are required to complete Open Meetings training and receive a Certificate of Completion within the first ninety (90) days of first year appointment. This may be taken online via the Office of Attorney General's website NlyaLgag.state.irx.uus). The Office of the Attorney General offers free video training courses to ensure that all elected and appointed government officials have a good command of both open records and open meetings laws. 3. Officers 3.1. The Board shall, at the first meeting after July 1st (and at such other times as these offices may become vacant), select from among its members a Chairperson and Vice-Chairperson to serve fora period of one (1) year. 3.2. In the absence of both the Chairperson and Vice-Chairperson during a meeting, the remaining Commissions shall elect an Acting Chairperson. 4. Officer's Duties 4.1. The Chairperson shall preside over all meetings and briefing sessions, and perform all duties as required by law. 4.2. The Vice-Chairperson shall assume all duties of the Chairperson in the absence of the Chairperson. 5. Powers and Duties of the Commission 5.1. The Board shall initiate public hearings on appeals of building permit denials, appeals of City Development Code or Ordinance interpretation, variance requests to the City of VVylie Zoning Ordinance, or other issues within the Boards jurisdiction as allowed by State law. 5.1.A. Evaluation of all appeals and variance requests shall be completed under the appropriate standards as outlined in the City of Wylie Zoning Ordinance. 5.2. The Board shall recommend to City Staff amendments to the City's Development Code or Zoning Ordinance in relation to granted variances or appeals to interpretation which will facilitate the movement of people and goods, promote the health, recreation, safety, and general welfare of the citizens of Wylie. 5.3. The Commission shall perform all other duties as prescribed by State statutes and the City's Zoning Ordinance. 6. Rules of Order 6.1. The Chairperson shall rule on all points of order. 6.2. The Board may overrule the Chairperson on points of order by a two-thirds (2/3) vote of members present. 6.3. Any provisions of these rules not governed by City Ordinance may be temporarily suspended by a favorable two-thirds (2/3) vote of all members of the Board, which vote shall be entered upon the minutes. 7. Quorum 7.1. A quorum shall consist of four (4) members. 7.2. No matters may be handled without the presence of a quorum. 7.3. Whereas State Law requires a 75% vote of all members, not only members present, there is an expectation that appointed alternate members shall attend all called meetings, be familiar with the agenda, and be prepared to serve as needed. 8. Agendas 8.1. An agenda shall be prepared by the City Planner or his/her designee for each meeting of the Zoning Board of Adjustment. A copy of the agenda shall be posted in the Municipal Complex as required by law, as well as on the website. 8.2. There shall be attached to each agenda item, a report of matters pending further action by the Board. 8.3. All regular and special meetings shall follow, as closely as possible, the printed agenda. The agenda should include, but is not limited to the following; a. Ratification of Minutes; b. Citizens' participation on items not on the agenda; c. Executive Session, as needed; d. Items for individual consideration; e. Breaks at the discretion of the Chairperson; f. Commissioners or Staff comments on general business; g. Adjournment. 8.4. Agendas may be amended by the Chairperson as to the order of items, but not as to content, unless overruled by a majority of the members present. 9. Minutes of Meetings 9.1. Minutes of all regular and special meetings shall be kept by the Secretary, designated by the City Planner, and are subject to amendment and ratification by the Board at the next regular meeting. 9.2. The minutes of the Board's proceeding shall show the overall vote, or if absent or failing to vote, shall reflect that fact. 10. Regular meetings 10.1. The Board shall meet on the third Monday of each month at 6:30 pm in the Council Chambers of the Municipal Complex, unless noted otherwise. All meetings shall be open to the public, and the public is encouraged to attend. 10.2. Any Board member missing three (3) consecutive regularly scheduled meetings without prior notification to Staff and/or a valid reason, which may include family emergency, illness, or other reasonable cause, may be subject to dismissal from the Board by the City Council. 10.3. Under special circumstances the Board may reschedule regular meeting dates. The new dates should be announced at a regularly scheduled meeting, and agendas posted accordingly. 11. Special Meetings 11.1. Special meetings may be called by the Chairperson, or at the request of two (2) or more members, or may be scheduled by a majority of the Board at any previous meeting. The time and place of the special meeting shall be determined by the convening authority. 11.2. All members must be notified of any special meeting by giving written notice to all members by an email address of record at least seventy-two (72) hours before the meeting, and the notice must specify the purpose of the meeting. 11.3. Special meetings must be posted in accordance with the open meetings act. 12. Public Hearings 12.1. Conduct of public hearings will follow the general guidelines listed below and as outlined in Section 13 Addressing the Board: a. Introduction of agenda item by the Chairperson; b. Report by the City Planner or designee; c. A maximum of 15 minute presentation by the applicant; d. Opening of public hearing by the Chairperson; e. Comments from organized groups and individuals in opposition to the issue of the public hearing; group comments should not exceed 6 minutes, individual comments should not exceed 3 minutes unless an interpreter is needed, in which case 6 minutes is allowed.; f. Comments from organized groups and individuals in favor of the issue of the public hearing; group comments should not exceed 6 minutes, individual comments should not exceed 3 minute unless an interpreter is needed, in which case 6 minutes is allowed; g. Questioning of witnesses h. A maximum 15 minute rebuttal by the applicant; i. Questioning by the Board of the applicant and audience members who addressed the Board. j. Close public hearing; k. Board query of Staff; I. Board action pertaining to the issue of the public hearing. 12.2. All meetings shall be held in full compliance with the provision of state law, ordinances of the City, and these rules of procedure 13. Addressing the Board 13.1. Persons desiring to address the Board shall complete a "Request to Speak" card and submit the card to the Secretary. 13.2. The Secretary will sort the speaker cards by agenda item and deliver them to the Chairperson. 13.3. The Chairperson will refer to the speaker cards for comments on items not on the printed agenda, individual agenda item comments, and public hearing comments. 13.4. Persons who note on a speaker card their desire to address the commision will be called to the podium by the Chairperson at the appropriate time and will follow the guidelines of Ordinance 2019-29 as outlined below when addressing the Board; a. Approach the podium, state their name and address and whether or not they are representing a person, group, or organization; b. Speak so that all present in the room may hear clearly; c. Address all statements and questions to the Chairperson; d. Be courteous in language and deportment; e. Be concise and focused in their Comments; f. Group comments should not exceed 6 minutes, individual comments should not exceed 3 minutes unless an interpreter is needed, in which case 6 minutes is allowed. 13.5. Persons addressing the Board during a public hearing will follow the public hearing guidelines noted in Section 12. 13.6. The Chairperson will read into the record the names of persons who filled out a speaker card in support of or in opposition to an agenda item but did not wish to address the Board. 13.7. The Chairperson may interrupt an individual to redirect or terminate remarks when they are not relevant to the matter before the Board, or when the Chairperson determines the remarks to be out of order. 14. Evidence 14.1. Only relevant evidence and testimony will be received. 14.2. Petitions and other physical evidence should be submitted to the Board Chairperson. Petitions may not be read in full into the record, but may be noted into the record. 14.3. Ex Parte Communications a. Any Board member having new factual information regarding regular meeting or work session agenda items shall make that information known to all Board members. b. Board members shall not make voting commitments prior to hearing all submitted evidence regarding meeting agenda items. 15. City Staff Responsibilities 15.1. The City Planner or designee shall be responsible for providing the Board with the necessary professional, technical, and clerical services, including: a. Prepare and submit the agenda with staff reports and any special items as directed by the Chairperson; b. Give and serve all notices required for public hearings; c. Introduce and factually explain each item on the agenda; d. Coordinate the services of all City Staff and other sources of public information for and on behalf of the Board; e. Maintain a true copy of all Board proceedings; f. Maintain all Board records; g. Attend all official correspondence and communications to and of the Board. 16. Written Request Required 16.1. Every proposal submitted for Board action shall be made in accordance with approved application procedures from the appropriate Ordinance or Regulations. The proposal shall be complete in all respects before being accepted for filing and Board consideration. 17. Conflict of Interest Rules 17.1. Conflict of Interest. Should any member of the Board feel they have a conflict of interest with an agenda item before the Board, they should openly declare so at the earliest possible time. Their seat will be filled by an alternate Board member for that meeting. They are thereby prohibited from discussing, participating in, or voting on the item in question. They shall also fill out a Conflict of Interest form and file it with the Secretary. 17.2. Abstention. Should any member of the Board choose to abstain from voting on any question before the Board where no declared conflict of interest exists, their vote shall be recorded as an affirmative vote in the official minutes. 18. Motions 18.1. A motion may be made by any member. A second to the motion shall be required before an item is put to a vote. 18.2. Any item in which no motion is made shall be recorded as a denial of the variance request. 18.3. All votes shall be by 75% of all Board members (5), regardless of the number of members present, except as otherwise stated in these rules of procedure. 19. Repealing Clause 19.1. All previously adopted Rules of Procedure of the Zoning Board of Adjustment are hereby expressly repealed 20. Suspension of Rules of Procedure 20.1. Any one or all of these rules of procedure may be suspended in order to allow a particular consideration of a matter, provided that it does not violate the state law or home rule charter, and provided that not less than two-thirds Board members vote in favor of such suspension. Where any rule embodies a provision of state law, identically or in substance, such rule may not be suspended. PASSED AND APPROVED BY THE ZONING BOARD OF ADJUSTMENT OF THE CITY OF WYLIE THIS day of 2020. Jason Potts, Chairman Byron Butler, Vice-Chairman Filed in the Office of the City Secretary this day of , 2019 Stephanie Storm, City Secretary City of Wylie, Texas Wylie Zoning Board of r )1 Adjustment o EE AGENDA REPORT Meeting Date: March 16, 2020 Item: 1 Department: Planning Case Number: 2020-04 Prepared By: Kevin Molina Project Location: 2550 W FM 544 Date Prepared: March 10, 2020 Subdivision Name: Wylie High School Variance Exhibit, Locator Map, Exhibits: Notification Map Subject Hold a Public Hearing to consider and act upon a request by Wylie ISD for a variance to Section 22-448 of the Sign Ordinance to allow for an increase of the width and area of a monument sign located at 2550 W FM 544. ZBA 2020-04 Discussion Applicant: Wylie ISD Owner: Wylie ISD The subject property is located at 2550 W FM 544 and is currently zoned within the Agricultural District. The applicant is seeking a variance to allow for a monument sign that exceeds the maximum allowed width of 8' and maximum square footage of 96' for the placement of a school sign that measures approximately 23' in width and a total square footage of 161' square feet. A hardship may exist in this case due to the size of the applicant's property and building. Maximum monument sign sizes are determined based on average development sizes. The purpose is to reduce sign clutter and increase general visibility on those sizes. Larger developments generally are either; allowed larger multi-tenant signs, such as a multi-lot retail center; do not require large signs for advertising, such as an industrial park; or require a variance, such as is the case here. Public comment forms were mailed to twenty-nine (29) property owners within 200 feet of this request, as required by State Law. At the time of posting there were no responses in favor or in opposition of the variance proposal. The Board shall not grant a variance to the development code which: (1) Permits a land use not allowed in the zoning district in which the property is located; or (2) Is in the public right-of-way or on public property; or (3) Alters any definition of the development code; or (4) Is other than the minimum variance that will afford relief with the least modification possible to the requirements of the development code; or Page 1 of 2 Page 2 of 2 ZBOA 2020-04 (5) Is based on physical conditions or circumstances of the property so general or recurring in nature as to reasonably make practicable the formulation of a general regulation to be adopted as an amendment to the development code; or (6) Is based exclusively on findings of personal or financial hardship. In order to approve a request for a variance, the Zoning Board of Adjustments shall determined that the requests meets four of the following five criteria: (1) The proposed sign shall not adversely impact the adjacent property (visibility, size, location, etc.); (2) The proposed sign does not conflict with the spirit of this article, which is one of providing public safety, open space and air, preservation and enhancement of the appearance of the city and protection of property values; (3) The variance is needed due to restricted area, shape, topography or physical features that are unique to the property on which the proposed sign would be located; (4) The proposed sign is of a unique design or configuration. (5) That the demonstrable hardship is not self-imposed Approved By Initial Date Department Director JH March 11, 2020 Locator Map / „ . / , .: i ,,,,,,,,,....„ ,„ , : , , ,, : /,. , , , ,,,, , , ,„ , / ,,,,,„„ : e,::v// . / : .5-,,,. , P 1RIK1V L..DRS,T �. N 101j A y DEW w. 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