01/02/1990 (2)
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G~I 0 'i)
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDA Y, JANUARY 2, 1990 - 1:30 PM
"'''--- PLEDGE OF ALLEGlANCE
JNVOCA TION
ITEM
ACTION
CONDITIONAL USES:
"
ALL TESTIMONY IS GIVEN UNDER OATIl. The Board follows the procedures outlined below:
1. The Chairman reads from the Publie Hearing Notice cach itcm us it is presented.
2. The Planning Director advises the Board of any pertinent background information.
3. The applicant or his representative presents his case,
4. Persons who support the application speak.
5. The Planning Director presents any supporting written documents,
6. Persons who oppose the application speak.
7, The Planning Director presents any opposing written documents.
8, Persons supporting the application (other than appUcant) may speak in rebuttal.
9. Persons opposing may speak in rebuttal.
10, The applicant has an opportunity for final rebuttal.
11. The Board makes a decision,
FLORIDA STATUTE 286,0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HAVE A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL,
A. Conditional U"c.,,:
f i ,.. 1. (Coned from 12-19-89) A1. APPROVED subject to:
"J'~;~ Lots 2 and 3, Bamboo Sub. (520 and 522 a. There be only one access to Bamboo
Bamboo Lane) Lane, the location and width of such
5DS Investments (Carlisle Motors)/Emil access to be subject to approvd! oflhe
C. Marquardt, Jr. Traffic Engineer.
CU 89-96 b. Vehicle testing only between 8:00 a.m.
and 6:00 p.m.
Request - Vehicle Service c. No openings be provided on the SOutll
Zoned - CO (General Commercial) face of the service building and the
building: be located a minimum of 80
feet from the south property line.
d. Landsctping be provided along Bamboo
Lane (rom Gulf-to-Bay Boulevard to the
soutl1 property line of Lot 3.
e. A five (5) foot high opaque landscaping
screen be provided along the sou1..h
property line.
11 .,..., f. Existing and proposed fences and
~ ,.. (l .... landscaping be maintained in an orderly
-., i ~'. I '\. r- '
. -, " ,,'. T,' manner. ',.
g:. No outside speakers.
h. Any lighting be shielded from tile
JAN residential areas to the south and cast
; i. Landscaping: be provided along Gulf-to-
/"','
- J. Bay iu accordance with the standards set
forth in the Development Code.
(-"f""" .. J' The building permit be obtnincd within
" 01>. ' .."'... 1. I. ('th. i)', six (6) mont.hs,
l ~~I ,+'~' -., J ; ;/;, k. That major repairs as defined in Section
13G,015(c)(27) of tlm Land Developmenl
Code shall NOT BE authorized.
p & Z AGENDA 1 112190
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2,
M & B 43,011, Sec, 1-29S-l5E (1705
North Hercules Ave,)
Richard & Patricia Naylor/Metzger
CU 90-01
A 2. APPROVED subject to:
a. That the requisite occupalionalliccnse
be obtained within six (6) months.
b. That an opaque landscape screen along
Hercules Avenue be provided; subject
screen &ball be planted in a strip ha~..ng
a minimum width of five fect and shall
attain a height of at least four feet at
maturity.
ANNEXATION. ZONING. LAND USE PLAN AMENDMENTS, AND LOCAL PLANNING AGENCY
REVIEW:
I,
Request - Vehicle Service (Boat Engine
Repair)
Zoned - IL (Limited Industrial)
(1) Statement of case by applicant - 5 minutes
(2) Presentation by staff - 5 minutes
(3) Comments from public in support/opposition:
individual - 3 minutes
spokesperson for group - 10 minules
(4) Public Hearings are closed
(5) Discussion/Action by Board
B, Anncxatio~ Zonin~ Land Use PInn
Amendments, and Local Planning Agency
Review:
.' '.
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1,
See. 1.29S-15E, Portion of Lots 25 & 26.
(Pinellas Groves) & Sec. 12-29S-15E
Portion of Lols 6 & 7, and 8 (pincllas
Groves) (Located on the East Side of the
Proposed North Keene Rd Extension
where Leo Lane East Terminates)
(City of Cleanvater)
A 89-20 LUP 89-16
LAND USE PLAN:
FROM; None
TO: Ind ustrinl
2,
M&B 34-01, a portion of M&B 34-02 and
M&B 21-01, See, 17.29S.16E and 2O-29S-
16E (Located at the Eastern Terminus of
Seville Blvd. (Clearwater Seville, Ltd. and
AEL Partnership)
A 88-20 LUP 88-11
LAND USE PLAN:
FROM; None
TO: Medium Density Residential
P & Z AGENDA
B. 1. Recommend ApproY'al
,
B. 2. Recommend Appoval with the condition
that any proposed development be
limited to the density permitted under
the Pinellas County Land Use
designation.
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1/2/90
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3.
Tract A, PI. Bk 91, Pg. 83 (Landmark
Palms Sub,
LUP 89.12, Z 89-15
(International Landvest, Inc.)
n. 3. Recommend Approval
B. 4. Recommend Approval
..
4,
LAND USE PLAN:
FROM: Low Density Residential
TO: Public/Semi-Public
ZONING ATLAS:
FROM: RM-8 ( Multiple Family
Residential)
TO: P/SP (Public/Semi-Public)
Lot 12, (Clearwater Industrial Park)
LUP 89-13, Z,89-16
(UP ARC)
LAND USE PLAN:
FROM: Public/Semi-Public
TO: Industrial
C. L JOHN B. JOlrnSON ejected as
Chairman for calendar year 1990 AND
BRENDA HARRIS NIXON elected as
Vice Chairperson for calendar year 1990.
C. 2 APPROVED as amended.
'...
3
1/2/90
ZONING ATLAS:
FROM: P/SP (Public/Semi-Public)
TO: IL (Limited Industrial)
C, Chairman's Items
1.
Election of Officers for 1990
. -t ,. . , ~ .., 4 '. I ' '. .. . , . I . ' . " '. '." . ' , + " , ' . " "
2.
Approval of Rules and Regulations
D. Director's Items
F. Board and Staff Comments
P & Z AGENDA
PLEDGE OF ALLEGIANCE
INVOCATION
ITEM
ACTION
AGENDA
PLANNING & ZONING BOARD MEETING
TUESDAY. January 2, 1990 . 1:30 PM
CONDmONAL USES:
ALL TESTIMONY IS GIVEN UNDER OATH. The Board follows the procedures outlined below:
1. The Chairman reads from the Public Hearing Notice each item as it is presented.
2. The Planning Director advises the Board of any pertinent background information.
3. The applicant or his representative presents his case.
4. Persons who support the application speak.
5. The Planning Director presents any supporting written documents.
6. Persons who oppose the application speak.
7. The Plenning Director presents any opposing written documents.
8. Persons supporting the application (other than applicant) may speak in rebuttal.
9. Persons opposing may speak in rebuttal.
10. The applicant has an opportunity for final rebuttal.
11. The Board makes a decision.
FLORIDA STATUTE 286.0105 STATES: ANY PERSON APPEALING A DECISION OF THIS BOARD
MUST HA VB A RECORD OF THE PROCEEDINGS TO SUPPORT SUCH APPEAL,
A. Conditional Uses:
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1.
(Conrd from 12-19-89)
Lots 2 and 3, Bamboo Sub. (520 and 522
Bamboo Lane)
SDS Investments (Carlisle Motors)/Emil
C. Marquardt, Jr.
CU 89-96
Request . Vehicle Service
Zoned. CO (General Commercial)
2. M & B 43.011, Sec. 1-29S-15E (1705
North Hercules Ave.)
Richard & Patricia Naylor/Metzger
CU 90-01
Request - Vehicle Service (Boat Engine
Repair)
Zoned. IL (Limited Industrial)
REVIEW:
ANNEXATION. ZONING. LAND USE PLAN AMENDMENTS. AND LOCAL PLANNING AGENCY
<
;.
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(1) Statement of case by applicant - 5 minutes
(2) Presentation by staff - 5 minutes
(3) Comments from public in support/opposition:
individual - 3 minutes
spokesperson for group - 10 minutes
(4) Public Hearings are closed
(5) Discussion/Action by Board
P & Z AGENDA
1
1/2/90
B. Annexations, ZoniDgs, Land Use Plan
Amendmen~ and Local Planning Agency
Review:
1. Sec. 1-29S-15E, Portion of Lots 25 & 26,
rr.:,.,,-, (Pinellas Groves) & Sec. 12-29S-15E
~, r~~...
~. , ' ~ Portion of Lots 6 & 7, and 8 (Pinellas
Groves) (Located on the East Side of the
Proposed North Keene Rd Extension
where Leo Lane East Terminates)
(City of Clearwater)
A 89-20 LUP 89-16
LAND USE PLAN:
FROM: None
TO: Industrial
2. M&B 34-01~ a portion of M&B 34-02 and
M&B 21-01~ Sec. 17-29S-16E and 2O-29S-
16E (Located at the Eastern Terminus of
Seville Blvd. (Clearwater Seville, Ltd. and
AEL Partnership)
A 88-20 LUP 88-11
LAND USE PLAN:
FROM: None
TO: Medium Density Residential
3. Tract A, PI. Bk 91, Pg. 83 (Landmark
Palms Sub.
LUP 89-12, Z 89-15
(International Landvest, Inc.) , ,
lAND USE PLAN: ../
FROM: Low Density Residential .-
,'.1
TO: Public/Semi-Public
ZONING A1'LAS:
FROM: RM-8 ( Multiple Family
Residential)
TO: P /SP (Public/Semi-Public)
4. Lot 12, (Clearwater Industrial Park)
LUP 89-13, 2-89-16
(UP ARC)
lAND USE PLAN:
FROM: Public/Semi-Public
TO: Industrial
ZONING A'I'LAS:
FROM: P /SP (public/Semi-Public)
TO: IL (Limited Industrial)
C_ Chairman's Items
1. Election of Officers for 1990
2, Approval of Rules and Regulations
{; D. Director's Items
:~.;::,.' '~;: \"
,', ',;1'" F. Board and Staff Comments
P & Z AGENDA
2
112190
MINUTES
PLANNING & ZONING BOARD
TUESDAY, JANUARY 2, 1990 - 1:30 PM
Members Present:
Chairman Jolmson, Ms. Nixon, Messrs. Ferrell, Hamilton, Mazur (arrived at 1:37 PM),
and Schwob
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Members Absent:
Mr. Green
Chairman Johnson outlined the procedures for conditional uses and advised that anyone adversely affected by
a decision of the Planning and Zoning Board, with regard to conditional uses, has two weeks from this date in
which to file an appeal through the City Clerk's Office. Florida Law requires any party appealing a decision of
this Board to have a record of the proceedings to support the appeal.
ITEMS ARE LISTED IN AGENDA ORDER THOUGH NOT NECESSARILY DISCUSSED
IN THAT ORDER.
A. Conditional Uses:
1. (Cont'd from 12-19-89)
Lots 2 and 3, Bamboo Sub. (520 and 522 Bamboo Lane)
SDS Investments (Carlisle Motors)/Emil C. Marquardt, Jr.
CU 89-96
~~
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Request - Vehicle Service
Zoned - CG (General Commercial)
Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation.
Mr. Richter advised that a telephone call was received by staff from a Mr. McDearmid who is in objection to
the above request and who stated he could not be present at this meeting.
After questioning by Ms, Nixon, Mr. Richter stated Lots 2 and 3 do not come into play for meeting open space
requirements but staff is suggesting a five-foot landscape buffer.
Mr. Emll C. Marquardt, attorney for SDS Investments, stated future plans include demolishing the existing
building and rebuilding something like a "quick lube" facility at the site, though the building will not be a
franchise. He stated applicant has no objection to the recommended conditions except the five-foot landscape
buffer as it relates to the subject property because he felt that condition should be decided by the Development
Review Committee. After questioning by Mr. Polatty, Mr. Marquardt stated the only property that was rezoned
was a small strip of land because there was a problem with the atlas maps and measurement from the centerline
of the street and there is an 11-foot easement in addition to the 50-foot right-of-way. After questioning by Mr.
Schwob, Mr. Marquardt stated applicant has no objection to major repairs, as stated in the Land Development
Code, not being permitted.
Mr. Hank SL Jean, Architect for SDS Investments, clarified the 11-foot easement is a new requirement for all
property on both sides of Gulf-to-Bay and the easement is primarily for utilities. He stated that when Gulf-to-
Bay is widened the utilities will already be moved.
No persons appeared in support of or in opposition to the above request.
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Motion was made by Mr. Schwob) seconded by Mr. Hamilton, to approve the above request subject to the
following: 1) There be only one access to Bamboo Lane, the location and width of such access to be subject to
approval of the Traffic Engineer; 2) Vehicle testing only between 8:00 a.m. 'and 6:00 p.m,j 3) No openings be
provided on the south face of the service building and the building be located a minimum of 80 feet from the
south property line; 4) Landscaping be provided along Bamboo Lane from Gulf-to-Bay Boulevard to the south
property line of Lot 3; 5) A five (5) foot high opaque landscaping screen be provided along the south property
line; 6) Existing and proposed fences and landscaping be maintained in an orderly manner; 7) No outside
speakers; 8) Any lighting be shielded from the residential areas to the south and east; 9) Landscaping be provided
along Gull-to-Bay in accordance with the standards set forth in the Development Code; 10) The building permit
be obtained within six (6) months; 11) That major repairs as defined in Section 136.025(c)(27) of the Land
Development Code shall NOT BE authorized. After questioning by Mr. Johnson, Mr. Schwab clarified that the
condition regarding landscaping along Gulf-to-Bay is to be included in the motion. Motion carried unanimously
(6 to 0).
P & Z MINUTES
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01/02/90
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Request -
Zoned -
Vehicle Service (Boat Engine Repair)
IL (Limited Industrial)
2. M & B 43.011, Sec. 1-29S-15E (1705 North Hcrcules Ave.)
Richard & Patricia Naylor/Mctzger
CD 90-01
Mr. Richter gave the background of the case and submitted, in writing, the staff recommendation.
Mr. Robert G. Met1ger, applicant, stated he is requesting approval of inside sales and boat engine repair. He
stated the property owner is in agreement with the use of the property and there is one other boat repair use
a few blocks from the subject property. After questioning by Ms. Nixon, Mr. Metzger stated all repairs will be
mostly to boats under 20 feet and mostly outboard motors and the boats can be brought into the building,
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwob, seconded by Mr. Ferrell, to approve the above request subject to the following:
1) That the requisite occupational license be obtained within six (6) months; 2) That an opaque landscape screen
along Hercules Avenue be provided; subject screen shall be planted in a strip having a minimum width of five
feet and shall attain a height of at least four feet at maturity. Motion carried unanimously (6 to 0).
B, Annexations, Zoning&, Land Use Plan Amendments, and Local Planning Agency Review:
1. Sec. 1-29S-15E, Portion of Lots 25 & 26, (pinellas Groves) & Sec. 12-29S-15E Portion of Lots 6
& 7, and 8 (Pinellas Groves) (Located on the East Side of the Proposed North Keene RdExtension
where Leo Lane East Terminates)
(City of Clearwater)
A 89-20 LUP 89-16
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]...AND USE PLAN:
FROM: None
TO: Industrial
The above property is located on the east side of the proposed North Keene Rd extension where Leo Lane East
terminates,
Mr. Polatty gave the background of the case and submitted, in writing, th.e staff recommendation,
The City is the applicant.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr, Schwob, seconded by Mr. Hamilton, to recommend approval of the Land Use Plan
amendment from nonc to Industrial, Motion carried unanimously (6 to 0).
M&B 34-01, a portion of M&B 34-02 and M&B 21-01, Sec.17~29S-16E and 2O-29S-16E (Located
at the Eastern Terminus of Seville Blvd. (Clearwater Seville, Ltd. and AEL Partnership)
A 88-20 LUP 88-11
LAND USE PLAN:
FROM: None
TO: Medium Density Residential
The above property is located at the eastern tcrminus of Sevillc Boulevard.
2.
t
The property owner was not present.
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Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation,
After questioning by Ms. Nixon, Mr. Polatty advised that a future Commission could not change the allowable
density to a higher density because the County Land Use Plan would rule. He felt if such a request was put
before Pinellas Comly, it would be denied. He advised State law requires, if a Land Use Plan designation and
zoning category are in conflict, the Land Use Plan takes precedence. Mr. Polatly advised that the property
P & Z MINUTES
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01/02190
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owner is in bankruptcy and a lawsuit is essentially dormant. He also advised State law required the annexation,
zoning and Land Use Plan be in place before building can take plan and currently thc property can only be
developed under the County RPD-10.
p"'h
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In opposition to the above request, Mr. Roo:er Estabrook:. Building 14. statcd he understood Mr. Albrecht asked
for a credit of unused zoning and felt the city does not have compatible Land Use Plan designations, Mr, Johnson
clarified that the property has been annexed and a zoning category established and this Board is trying to set a
Land Use Plan designation nearest to the zoning district. Mr. PoIatty clarified that if tIle property has a Land
Use Plan of Medium Density Residential in the City and the County Land Use Plan is not changed, the
maximum density allowed would be 10 units per acre. After questioning by Ms. Nixon, Mr. Palatty stated Section
136,011 of the Code allows transfer of density between parcels. He stated the Commission asked tile same
question but State law will not allow a higher density.
Mr. Hamilton felt the Land Use Plan was appropriate compared to what is allowed on th.e currently developed
property.
Motion was made by Mr. Schwab, seconded by Mr. Hamilton, to recommend approval of the Land Use Plan
designation from none to Medium Density Residential with the condition tllat any proposed development be
limited to the density permitted under the Pinellas County Land Use designation. Motion carried unanimously
(6 to 0).
3. Tract A, PI. Bk 91, Pg,83 (Landmark PallIlS Sub.)
(International Landvest, Inc.)
LUP 89-12, Z 89-15
LAND USE PLAN:
FROM: Low Density Residential
TO: Public/Semi-Public
ZONING ATlAS:
FROM: RM-8 (Multiple Family Residential)
TO: P/SP (Public/Semi-Public)
The above property is located on the west side of McMullen-Booth Road, south of Curlew Road and opposite
Mease Drive,
Rev. Joseph Diaz, Holy Trinity Episcopal Church, stated the Church wants to make use of the property as
retention.
Mr, Polatty gave the background of the case and submitted, in writing, the staff recommendation.
No persons appeared in support of or in opposition to the above request.
Motion was made by Mr. Schwab, seconded by Mr. Hamilton, to recommend approval of the Land Use Plan
amendment from Low Density Residential to Public/Semi-Public and a Zoning Atlas amendment from RM-8
(Multiple Family Residential) to P/SP (Public/Semi-Public). Motion carried unanimously (6 to 0).
4. Lot 12, (Clearwater Industrial Park)
(UP ARC)
LUP 89-13, Z-89-16
LAND USE PLAN:
FROM: Public/Semi-Public
TO: Industrial
ZONING ATLAS:
FROM: P/SP (public/Semi-Public)
TO: IL (Limited Industrial)
The above property is located at the southwest corner of the Intersection of Calumet Street and Belcher Road.
;
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Mr. James Leach, Executive Director of UPARC, stated UPARC wants to restore the property to its original
zoning, After questioning by Board Members, Mr. Leach advised as follows: At UPARC's new location there
will be more floor space and it is nearer to public facilities; and, the sllbject property is an industrial park and
P & Z MINUTES
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01/02/90
it is not on a bus line. He stated HUD just gave its conditional commitment on December 28, 1989 for the
apartment complex on Highland.
Mr. Polatty gave the background of the case and submitted, in writing, the staff recommendation.
,..-":,;" No persons appeared in support of or in opposition to tbe above request.
Motion was made by Mr. Hamilton, seconded by Mr. Mazur, to recommend approval of the Land Use Plan
amendment from Public/Semi-Public to Industrial and a Zoning Atlas amendment from P/SP (Public/Semi-
Public) to IL (Limited Industrial). Motion carried unanmlously (6 to 0).
C. Chairman's Items
1, Election of Officers for 1990
Motion was made by Mr. Schwob, seconded by Mr. Hamilton, to elect John B, Johnson as Chairman and Brenda
Harris Nixon as Vice Chairperson for calendar year 1990, Motion carried unanimously (6 to 0).
2. Approval of Rules and Regulations
Discussion followed regarding adding "Public Hearing is Closed" after item 10 in Article VI( c) of the Rules and
Regulations.
Motion was made by Mr. Schwab, seconded by Mr. Mazur, to approve the Planning and Zoning Rules and
Regulations as amended. Motion carried unanimously (6 to 0),
D. Director's Items
Mr. Polatty announced that Scott Shuford will be the ne,v Planning and Zoning Manager and he is scheduled
to start January 29, 1990. After questioning by Mr. Mazur, Mr. Polatty advised that both he and Mr. Shuford,
and possibly others, will be attending future Planning and Zoning Board Meetings,
!f'-
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Ms. Nixon expressed concern that, since there was no in.house promotion for the Planning and Zoning Manager
position, some of the current staff may consider leaving tb.e City. She felt the current Staff is very competent and
she did not want to see them leave,
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F. Board and Staff Comments
\
Mr. Richter advised that information has been received regarding the request of Phil M. Henderson (CU 89-
95) heard on December 5, 1989. He stated it was brought to staff attention that information received from the
State Division of Alcoholic Beverages and Tobacco was incorrect in that it was indicated that the sale of alcoholic
beverages would not be permitted while the ferry was docked on the downtown bayfront; however, it has been
ascertained that alcoholic beverages may be purchased while the ferry is docked. Mr. Richter advised this
information is being given to the Board to set the record straight but this new information does not affect the
Planning and Development Department's recommendation for approval, nor does the Department recommend
any additional conditions be attached to the approval, Eoard discussion followed regarding whether it was
necessary to add a condition of approval and the Board felt it was unnecessary as long as alcoholic beverages
are consumed on premises. Mr. Polatty stated staff would contact Mr. Henderson to advise him of the Board's
discussion,
The Board decided to set a workshop/discussion on the subject of alcoholic beverages for January 16, 1990.
The Board felt that the discussion should not be open to the public at its initial stages or at least until the Board
decides in which direction it wants to proceed with regard to possible changes.
Meeting adjourned at 3:28 PM,
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Ja es M. Polatty, J ,AICP, Director
Planning and Development Department
P & Z MINUTES
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01/04190