HomeMy WebLinkAbout2020-11-18 BOA Decisiondodoop sipatu(e verification: Tef,
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'Doc ID: 027916580011 Type: GEN
Kind: DECISION
Recorded: 12/02/2020 at 10:44:23 AM
Fee Amt: $57.00 Page 1 of 11
Johnson County Iowa
Prepared by: Kirk Lehmann, Associate Planner, 410 E. Washington, Iowa City, IA 52240:319-356-5230 Kim Painter County Recorder
DECISION
6143 PG742-752
IOWA CITY BOARD OF ADJUSTMENT
WEDNESDAY, November 18, 2020
ELECTRONIC MEETING — ZOOM MEETING PLATFORM
MEMBERS PRESENT: Gene Chrischilles, Zephan Hazell, Bryce Parker, Amy Pretorius
MEMBERS ABSENT: Ernie Cox
STAFF PRESENT: Sue Dulek, Kirk Lehmann
OTHERS PRESENT: Andrea Farley, Jon Maurer, Clifford Reif o
SPECIAL EXCEPTION ITEMS: t"
1. EXC20-0002: A public hearing regarding a special exception application subri itted by r'14MS
Consultants requesting to allow a drive-through facility in a Community Commercial (6C-2)
zone for a new coffee shop at 531 Highway 1 West.
The Board concludes that the following specific standard found at 14-4C-2Ka will be met.
Access and Circulation: The transportation system should be capable of safely supporting
the proposed drive-through use in addition to the existing uses in the area. Evaluation
factors include street capacity and level of service, effects on traffic circulation, access
requirements, separation of curb cuts, and pedestrian safety in addition to the following
criteria. This is based on the following findings for each sub -criterion:
1) Wherever possible and practical, drive-through lanes shall be accessed from
secondary streets, alleys, or shared cross access drives. If the applicant can
demonstrate that access from a secondary street, alley, or shared cross access drive is
not possible, the board may grant access to a primary street, but may impose conditions
such as limiting the width of the curb cut and drive, limiting the number of lanes,
requiring the drive-through bays and stacking lanes to be enclosed within the building
envelope, and similar conditions.
The property has access from Highway 1 West via a private shared access point and
frontage road on the subject property. The frontage road provides circulation to
adjacent commercial and light industrial properties to the east and west.
The proposed drive-through lane is not accessed from a primary street. Rather it is
accessed from a one-way internal drive which enters from the frontage road on the
west side of the property, loops through the middle of the site, and exits onto the
frontage road on the east side of the property.
2) To provide for safe pedestrian movement, the number and width of curb cuts serving
the use may be limited. A proposal for a new curb cut on any street is subject to the
standards and restrictions in chapter 5, article C, "Access Management Standards", of
this title.
The site currently has a continuous curb cut along the frontage drive.
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The proposed site plan eliminates the continuous curb cut on the frontage drive and
replaces it with restricted access via two curb cuts for the entrance and exit.
Pedestrian access to the site is currently limited, but a bus stop pad and Highway 1
crosswalk are located approximately 15 feet from the north property line. To provide
for safe pedestrian movement, the site plan includes a pedestrian route that
connects this pad to the proposed buildings.
The site plan shows that the pedestrian route will be clearly demarcated, such as
through dyed concrete or alternative paving materials, where it crosses the frontage
road and all internal drives.
3) An adequate number of stacking spaces must be provided to ensure traffic safety is
not compromised. A minimum of six (6) stacking spaces is recommended for drive-
through facilities associated with eating establishments and a minimum of four (4)
stacking spaces for banking, pharmacies, and similar nonfood related drive-through
facilities. "Stacking spaces" shall be defined as being twenty feet (20') in length and the
width of a one lane, one-way drive. The board may reduce the recommended number of
stacking spaces if the applicant can demonstrate that the specific business has unique
characteristics such that the recommended number of parking spaces is excessive (i.e.,
a drive- through that is to be used for pick up only and not ordering).
• The site plan shows stacking space for 16 vehicles, 10 vehicles in the standard
drive-through lane and an additional 6 in the mobile order bypass lane. This well
exceeds the minimum number of required stacking spaces. The entrance to the
drive-through lane is also over 150 feet from the frontage road entry, which reduces
the chance of impacts from spillover traffic.
• Research indicates that coffee shop uses can produce long maximum queues in
excess of 10 cars in high traffic areas. Due to the additional stacking spaces and
distance of the drive-through lane from the frontage road, queuing is n,*cpeded to
compromise traffic safety. >
4) Sufficient on site signage and pavement markings shall be provided to Fklftte`="
direction of vehicular travel, pedestrian crossings, stop signs, no entrance*�as, and
other controls to ensure safe vehicular and pedestrian movement. — -"
• The site plan indicates directional arrows at all access points to the site.
• Directional signs are shown at each curb cut from the frontage road to direct cars,
including an entrance sign, an exit sign, and a do not enter sign.
• Pavement markings are shown within the site to denote the different drive-through
lanes and direct automobile and truck traffic around and through the site.
• Pedestrian crossings are demarcated on the site plan.
The Board concludes that the following specific standard found at 14-4C-2Kb will be met
regarding Location. This is based on the following findings for each sub -criterion:
1) In the CB -2 zone and in all subdistricts of the riverfront crossings district located east
of the Iowa River, drive-through lanes and service windows must be located on a
nonstreet-facing facade. In all other locations where drive-throughs are allowed, this
location standard must be met, unless the applicant can demonstrate that a street -facing
location is preferable for the overall safety and efficiency of the site, does not conflict
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with adjacent uses or pedestrian access, and does not compromise the character of the
streetscape or neighborhood in which it is located.
• The drive-through lanes and service windows are not on a street -facing fagade.
2) Drive-through lanes must be set back at least ten feet (10) from adjacent lot lines and
public rights of way and screened from view according to the design standards below.
Drive-through lanes are set back more than 15 feet from adjacent property lines to
the east and west and are much further from the Highway 1 right of way.
Screening is provided along the east and west property lines within the 5 -foot
setback. Staff will ensure compliance with the City's screening standards at site plan
review.
The Board concludes that the following specific standard found at 14-4c-2Kc will be met.
Design Standards: The number of drive-through lanes, stacking spaces, and paved area
necessary for the drive-through facility will not be detrimental to adjacent residential
properties or detract from or unduly interrupt pedestrian circulation or the commercial
character of the area in which the use is located. The board of adjustment may increase or
reduce these standards according to the circumstances affecting the site. This is based on
the following findings for each sub -criterion:
1) To promote compatibility with surrounding development, the number of drive-through
lanes should be limited such that the amount of paving and stacking space does not
diminish the design quality of the streetscape or the safety of the pedestrian
environment.
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• The site abuts properties with commercial zoning and uses to the east; south, and
west and is across Highway 1 from properties with commercial zonesand uses to
the north. _
• The site plan shows two 11 -foot wide drive-through lanes which merge_ jM0 a single
lane.
• The proposed drive-through lanes are at the rear and side of the proposed btAlding
which limits effects on the streetscape.
• Where pedestrian routes cross the frontage road, drive through lanes, and internal
access drives, the site plan shows clear demarcations to maximize pedestrian safety.
2) Drive-through lanes, bays, and stacking spaces shall be screened from views from
the street and adjacent properties to the S2 standard. If the drive-through is located
adjacent to a residential use or property zoned residential, it must be screened from view
of these properties to at least the S3 standard. To preserve the pedestrian oriented
character of streets in the CB -2 zone and the riverfront crossings district, the board may
require the drive-through to be incorporated within the building or be screened with
masonry street walls and landscaping. Street walls shall be a minimum of five feet (5) in
height and shall be designed to complement the principal building on the site.
• S2 screening is proposed along the east and west property lines within the five-foot
setbacks from adjacent properties.
• The property is not adjacent to any residential use or zone.
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3) Multiple windows servicing a single stacking lane (e.g., order board, payment window,
pick up window) should be considered to reduce the amount of idling on the site.
The applicant has proposed a mobile order bypass lane in addition to the primary
drive-through lane which contains one order board.
The proposed design includes a second service window.
4) Stacking spaces, driveways, and drive-through windows shall be located to minimize
potential for vehicular and pedestrian conflicts and shall be integrated into the
surrounding landscape and streetscape design of the neighborhood in which it is
located.
• The site plan shows pedestrian access through the site from the bus stop pad and
Highway 1 crosswalk, by the coffee shop, and to the bakery.
• Pedestrian access twice crosses stacking spaces, driveways, and drive-through
windows. Given the width and depth of the lot, vehicular and pedestrian conflicts are
minimized to the extent possible.
• Automobile and truck traffic are provided through one-way drives to minimize
conflicts, though truck traffic may temporarily impede the flow of traffic on internal
drives as they maneuver to access the bakery.
• Stacking spaces, driveways, and drive-through windows are generally hidden from
the streetscape and are consistent with the design of the area.
5) Lighting for the drive-through facility must comply with the outdoor lighting standards
set forth in chapter 5, article G of this title and must be designed to prevent light trespass
and glare onto neighboring residential properties.
• Staff shall review any new lighting for the site in compliance with current code
standards as part of the site plan review process.
6) (Repealed.)
7) Loudspeakers or intercom systems, if allowed, should be located and directed to
minimize disturbance to adjacent uses. Special consideration should be given to
locations adjacent to residential uses to ensure such systems do not diminish the
residential character of the neighborhood.
• Intercom systems in the order boards are directed southeast towards'the paMng lot
of the adjacent commercial property. There are no adjacent residentw uses;"
The Board concludes that the specific proposed exception will not be detrimental to of
endanger the public health, safety, comfort or general welfare based on the following
findings:
• There is an existing vacant store located on this site which will be redeveloped as part
of the proposed project.
• The intersection with Highway 1 is designed to accommodate the levels of traffic
generated by large commercial uses.
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The drive-through lane is more than 100 feet from the entrance access drive to
Highway 1.
The frontage road provides separation from the heavy traffic of Highway 1.
Specific criteria findings as discussed above also apply, including those related to
vehicle access, drive-through location, and directional signage and markings. The
requested drive-through will not endanger the public health, safety, comfort, or general
welfare.
The Board concludes that the specific proposed exception will not be injurious to the use
and enjoyment of other property in the immediate vicinity and will not substantially diminish
or impair property values in the neighborhood based on the following findings:
• The site has a continuous curb cut the width of the property. The proposed site plan
provides better access control to the frontage drive which improves safety.
• Vehicular and pedestrian circulation is improved over the current site layout, and
conflicts are minimized to the extent possible in light of the proposed continuous
pedestrian route and truck access to the bakery.
• Access to the property is at a signalized intersection.
• The proposed redevelopment will increase car and truck traffic to the site but will not
be detrimental to or endanger the public health, safety, comfort or general welfare.
The Board concludes that establishment of the specific proposed exception will not impede
the normal and orderly development and improvement of the surrounding property for uses
permitted in the district in which such property is located based on the following findings:
• The surrounding neighborhood is already fully developed with a mix of commercial and
light industrial uses.
• Some offsite pedestrian improvements will be needed that connect the Highway
crossing to the subject property. This will benefit all property owners in the area.
• The proposed site plan aligns in an orderly manner with adjacent properties.
• Future redevelopment of adjacent properties will not be impeded.
The Board concludes that adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided based on the following findings:
• Sufficient utilities, access roads, and necessary facilities are established for this
neighborhood and can meet the proposed site requirements.
• Pedestrian access will be established between the right of way and subject property.
• Proposed internal circulation is sufficient for vehicular, pedestrian, and truck access to
all proposed buildings.
• A stormwater drainageway currently flows through the south side of the site and along
the east property line. During site plan review, a storm sewer or culvert will need to be
included underneath the parking area to accommodate storrnwater flow, along with an
overland flow route if the storm sewer is clogged or over capacity. The City must be
granted a drainage easement for this drainageway prior to site plan approval.
• Additional easements for the City may be required for the public water main and
hydrant on the north side of the property prior to site plan approval.
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The Board concludes that adequate measures have been or will be taken to provide ingress
or egress designed to minimize traffic congestion on public streets based on the following
findings:
• The proposal better controls access to the frontage drive than the current site and is
near a controlled signalized intersection with capacity to handle trips generated by the
use.
• There is adequate space for 19 vehicles to stack in the drive-through lanes with
additional space on the internal circulation drive. While coffee service is known to
produce longer queues, the site plan as proposed will not affect ingress or egress on
public streets.
• Pedestrian access will be established between the right of way and subject property.
• The site contains adequate space for delivery vehicles to enter the site and maneuver.
The Board concludes that except for the specific regulations and standards applicable to the
exception being considered, the specific proposed exception, in all other respects, conforms
to the applicable regulations or standards of the zone in which it is to be located based on
the following findings:
• Staff will ensure the site design conforms with all other applicable zoning standards
and regulations, including screening and street tree requirements, during the site plan
review.
• The site contains several mature trees which may constitute a grove. Some trees may
be removed with the construction of the bakery. The applicant will need to perform a
site inspection prior to submittal of a site plan to determine if a sensitive areas review
is required.
The Board concludes that the exception is consistent with the Comprehensive Plan of the
City, as amended, based on the following findings:
• The Future Land Use Map of the Comprehensive Plan designates this area for
General Commercial. The Future Land Use Map of the South Central District Plan
designates this area for Retail/Community Commercial with a strip of open space
along Highway 1 and possible Intensive or Highway Commercial along Ruppert Road.
• The Comprehensive Plan supports planning for commercial development in defined
commercial nodes as identified in District Plans to meet the needs of the present and
future population. The District Plan also discusses the importance of upgrading
landscaping and creating pedestrian access.
• The current land use of this property is consistent with the Comprehensive and District
Plans and will not change because of the proposed special exception.
• The proposed drive-through and bakery are consistent with the Comprehensive Plan.
DISPOSITON: By a vote of 3-0 (Parker abstaining due to missing the beginning ofXhe public
hearing), the Board approved a drive-through facility in a Community Commercial (CC -2)
zone for the property located at 531 Highway 1 West, subject to the following: cor4tions:
1. Substantial compliance to site plan dated November 6, 2020. D c wo
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2. Offsite pedestrian improvements shall be approved by the City Engineer prior to site plan
approval and installed by the developer at the developer's expense prior to the issuance
of a certificate of occupancy.
3. The owner must grant the City a drainage easement for stormwater. The easement area
must be approved by the City Engineer, terms approved by the City Attorney, and the
easement granted to the City prior to site plan approval.
4. The owner must grant the City additional easements for the public water main and
hydrant on the north side of the property if required by the City Engineer. The easement
area must be approved by the City Engineer, terms approved by the City Attorney, and
the easement granted to the City prior to site plan approval.
2. EXC20-0003: A public hearing regarding a special exception application submitted by MMS
Consultants requesting to allow a general manufacturing use of between 5,000 and 15,000
square feet in a Community Commercial (CC -2) zone for a new bakery at 531 Highway 1
West.
The Board concludes that the proposed use is limited to a "cottage industry" as defined in
chapter 9, article A, "General Definitions", of this title based on the following findings:
Chapter 9, Article A defines a cottage industry as "A firm that manufactures and/or
assembles goods that are intended for retail sale to the general public. The goods may
also be sold at wholesale to other outlets or firms, but retail sales is (sic) a significant
component of the operation. The manufacturing component for such a firm is small in
scale. Size limitations may apply to such uses in commercial zones to keep the uses in
scale and character with surrounding land uses."
The proposed general manufacturing facility will provide baked goods to other
coffeeshops for direct retail sale. The manufacturing component complies with the size
limitations as required in these standards, and surrounding properties are commercial
and light industrial uses.
The proposed use meets the City's definition of a "cottage industry."
The Board concludes that the proposed use is limited to five thousand (5,000) square feet of
gross floor area, excluding floor area devoted to other principal or accessory uses, except
as provided in subsection C1e of this section based on the following findings:
• The proposed use is 14,922 square feet, but it meets the exception as provided in
subsection C1e of this section (below).
The Board concludes that the proposed use meets the performance standards for off site
impacts contained in chapter 5, article H, "Performance Standards", of this title (the City may
require certification of compliance from a registered professional engineer orpMer ggalified
person) based on the following findings:
• Beyond administrative provisions, Chapter 5, article H Performance Standards include
Noise (14-5H-4), Air Quality Standards (14-5H-5), Odor (14-5H-8), Vibration (14-51-1-7),
and Storage of Combustible and Flammable Materials (14-5H-8).
• The proposed use in this case is a bakery, so no significant issues related to air
quality, noise, odor, vibrations, or combustible materials are expected.
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While there may be minor impacts caused by truck traffic accessing the bakery, nearby
properties do not contain potentially sensitive uses.
Staff shall ensure the proposed use meets the performance standards for offsite
impacts as part of the site plan review process.
The Board concludes that the following criteria is met: The following general manufacturing
uses are prohibited: (1) The manufacturing of chemicals and allied products; (2) Any
manufacturing establishment that includes milling or processing of grain; (3) Leather
tanning; (4) Manufacturing of motor vehicles; (5) Manufacture or processing of rubber or
plastics; and (6) Textile mills. This is based on the following finding:
• The proposed use is a bakery which will provide baked goods to eating
establishments. This is not a prohibited use.
The Board concludes the following criteria (subsection C1e as referenced above) is met:
The limit on floor area for a proposed use may be increased from five thousand (5,000)
square feet up to fifteen thousand (15,000) square feet by special exception. This is based
on the following finding:
• The proposed use is 14,922 square feet of floor area as allowed in this subsection
upon approval of a special exception.
The Board concludes that the specific proposed exception will not be detrimental to or
endanger the public health, safety, comfort or general welfare based on the following
findings:
• There is an existing vacant store located on this site which will be redeveloped as part
of the proposed project.
• The intersection with Highway 1 is designed to accommodate the levels of traffic
generated by large commercial uses.
• The drive-through lane is more than 100 feet from the entrance access drive to
Highway 1.
• The frontage road provides separation from the heavy traffic of Highway 1.
• Specific criteria findings as discussed above also apply, including those related to
vehicle access, drive-through location, and directional signage and markings. The
requested drive-through will not endanger the public health, safety, comfort, or general
welfare.
The Board concludes that the specific proposed exception will not be injurious to the use
and enjoyment of other property in the immediate vicinity and will not substantially diminish
or impair property values in the neighborhood based on the following findings:
The site has a continuous curb cut the width of the property. The proposed sit§ plan
provides better access control to the frontage drive which improves safely.
Vehicular and pedestrian circulation is improved over the current site fayeut, and
conflicts are minimized to the extent possible in light of the proposed Ebntinuous
pedestrian route and truck access to the bakery.
Access to the property is at a signalized intersection.
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• The proposed redevelopment will increase car and truck traffic to the site but will not
be detrimental to or endanger the public health, safety, comfort or general welfare.
The Board concludes that establishment of the specific proposed exception will not impede
the normal and orderly development and improvement of the surrounding property for uses
permitted in the district in which such property is located based on the following findings:
• The surrounding neighborhood is already fully developed with a mix of commercial and
light industrial uses.
• Some offsite pedestrian improvements will be needed that connect the Highway
crossing to the subject property. This will benefit all property owners in the area.
• The proposed site plan aligns in an orderly manner with adjacent properties.
• Future redevelopment of adjacent properties will not be impeded.
The Board concludes that adequate utilities, access roads, drainage and/or necessary
facilities have been or are being provided based on the following findings:
• Sufficient utilities, access roads, and necessary facilities are established for this
neighborhood and can meet the proposed site requirements.
• Pedestrian access will be established between the right of way and subject property.
• Proposed internal circulation is sufficient for vehicular, pedestrian, and truck access to
all proposed buildings.
• A stormwater drainageway currently flows through the south side of the site and along
the east property line. During site plan review, a storm sewer or culvert will need to be
included underneath the parking area to accommodate stormwater flow, along with an
overland flow route if the storm sewer is clogged or over capacity. The City must be
granted a drainage easement for this drainageway prior to site plan approval.
• Additional easements for the City may be required for the public water main and
hydrant on the north side of the property prior to site plan approval.
The Board concludes that adequate measures have been or will be taken to provide ingress
or egress designed to minimize traffic congestion on public streets based on the following
findings:
• The proposal better controls access to the frontage drive than the current site and is
near a controlled signalized intersection with capacity to handle trips generated by the
use.
• There is adequate space for 19 vehicles to stack in the drive-through lanes with
additional space on the internal circulation drive. While coffee service is known to
produce longer queues, the site plan as proposed will not affect ingress or egress on
public streets.
• Pedestrian access will be established between the right of way and subject property.
• The site contains adequate space for delivery vehicles to enter the site and maneuver.
The Board concludes that except for the specific regulations and standards applicable to the
exception being considered, the specific proposed exception, in all other respects, conforms
to the applicable regulations or standards of the zone in which it is to be located based on
the following findings:-
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• Staff will ensure the site design conforms with all other applicable zoning standards
and regulations, including screening and street tree requirements, during the site plan
review.
• The site contains several mature trees which may constitute a grove. Some trees may
be removed with the construction of the bakery. The applicant will need to perform a
site inspection prior to submittal of a site plan to determine if a sensitive areas review
is required.
The Board concludes that the exception is consistent with the Comprehensive Plan of the
City, as amended, based on the following findings:
• The Future Land Use Map of the Comprehensive Plan designates this area for
General Commercial. The Future Land Use Map of the South Central District Plan
designates this area for Retail/Community Commercial with a strip of open space
along Highway 1 and possible Intensive or Highway Commercial along Ruppert Road.
• The Comprehensive Plan supports planning for commercial development in defined
commercial nodes as identified in District Plans to meet the needs of the present and
future population. The District Plan also discusses the importance of upgrading
landscaping and creating pedestrian access.
• The current land use of this property is consistent with the Comprehensive and District
Plans and will not change because of the proposed special exception.
• The proposed drive-through and bakery are consistent with the Comprehensive Plan.
DISPOSITON: By a vote of 3-0 (Parker abstaining due to missing the beginning of the public
hearing), the Board approved a general manufacturing use of between 5,000 and 15,000
square feet in a Community Commercial (CC -2) zone for the property located at 531
Highway 1 West, subject to the following conditions:
1. Substantial compliance to site plan dated November 6, 2020.
2. Offsite pedestrian improvements shall be approved by the City Engineer prior to site plan
approval and installed by the developer at the developer's expense prior to the issuance
of a certificate of occupancy.
3. The owner must grant the City a drainage easement for stormwater. The easement area
must be approved by the City Engineer, terms approved by the City Attorney, and the
easement granted to the City prior to site plan approval.
4. The owner must grant the City additional easements for the public water main and
hydrant on the north side of the property if required by the City Engineer. The easement
area must be approved by the City Engineer, terms approved by the City Attorney, and
the easement granted to the City prior to site plan approval.
TIME LIMITATIONS:
All orders of the Board, which do not set a specific time limitation on Applicant action,. shall
expire six (6) months from the date they were filed with the City Clerk, unless the application
shall have taken action within such time period to establish the use or construct the ,
improvement authorized under the terms of the Board's decision. City Code Section 14-8C-
1 E, City of Iowa City, Iowa.
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Amy Pretorius, Chairperson
STATE OF IOWA
JOHNSON COUNTY
Approve
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City Attorney's Office
I, Kellie K. Fruehling, City Clerk of the City of Iowa City, do hereby certify that the Board of
Adjustment Decision herein is a true and correct copy of the Decision that was passed by the
Board of Adjustment of Iowa City, Iowa, at its regular meeting on the 18th day of November,
2020 as the same appears of record in my Office.
Dated at Iowa City, this JOf day of Vel Ove r v -iO e-(- , 202-C:)
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Kellid K. Fruehling,Cek
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