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ORDINANCE NO. 98-0-08
AN ORDINANCE OF THE CITY COUNCIL OF EDGEW ATER, FLORIDA;
AMENDING THE CODE OF ORDINANCES, CITY OF EDGEW ATER,
FLORIDA BY AMENDING THE LAND DEVELOPMENT CODE;
CHAPTER 2 (DEFINITIONS) TO INCLUDE THE DEFINITION OF MINOR
RESIDENTIAL CONSTRUCTION VARIANCE; AND TO AMEND
CHAPTER 10 (HARDSHIP RELIEF), SECTION 1011. (VARIANCE FROM
DIMENSIONAL REQUIREMENTS); 1011.01 (APPLICATION
PROCEDURES); PROVIDING FOR CONFLICTING PROVISIONS,
SEVERABILITY AND APPLICABILITY; PROVIDING FOR AN
EFFECTIVE DATE AND FOR ADOPTION.
WHEREAS, the City Council of the City of Edgewater, Florida, has determined that it is
in the best interests of the citizens of Edgewater to update the existing Land Development Code by
amending it to provide for minor residential construction variance.
1. On May 26, 1998, the Construction Regulation Board recommended approval by a
4-0 vote to amend Chapter 2 (Definitions) to include Minor Residential Construction Variance and
to amend Chapter 10 (Hardship Relief, Section 1011. (Variance From Dimensional Requirements),
Section 1101.01 (Application Procedures).
2. The modification would allow the Building Official to review the circumstances and
upon his discretion, approve a minor residential construction variance.
3. The City Council determined that it is in the best interests of the citizens of
Edgewater to modify these requirements.
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NOW, THEREFORE, BE IT ENACTED by the People ofthe City of Edge water, Florida:
PART A.
AMENDMENT OF CHAPTER 2 (DEFINITIONS), OF THE
LAND DEVELOPMENT CODE OF THE CITY OF
EDGEWATER, FLORIDA.
Chapter 2 (Definitions) of the Land Development Code of the City of Edgewater, Florida,
is hereby amended as set forth in Exhibit A which is attached hereto and incorporated by reference.
PART B.
AMENDMENT OF CHAPTER 10 (HARDSHIP RELIEF), OF
THE LAND DEVELOPMENT CODE OF THE CITY OF
EDGEWATER, FLORIDA.
Chapter 10 (Hardship Relief) of the Land Development Code of the City of Edgewater,
Florida, is hereby amended as set forth in Exhibit B which is attached hereto and incorporated by
reference.
PART C.
CONFLICTING PROVISIONS.
All conflicting ordinances and resolutions, or parts thereof in conflict with this ordinance,
are hereby superseded by this ordinance to the extend of such conflict.
PART D.
SEVERABILITY AND APPLICABILITY.
If any portion of this ordinance is for any reason held or declared to be unconstitutional,
inoperative, or void, such holding shall not affect the remaining portions of this ordinance. If this
ordinance or any provisions thereof shall be held to be inapplicable to any person, property, or
circumstances, such holding shall not affect its applicability to any other person, property, or
circumstance.
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PART E.
EFFECTIVE DATE
This Ordinance shall take place upon adoption.
PARTF.
ADOPTION
After Motion by Councilman Roberts and Second by Councilwoman Lichter, the vote on the
first reading ofthis ordinance held on October 5, 1998, was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
After Motion by Councilman Gornto and Second by Councilman Roberts, the vote on the
second reading of this ordinance was as follows:
Mayor Randy G. Allman
AYE
Councilman Jim Gornto
AYE
Councilman Myron F. Hammond
AYE
Councilman Gary W. Roberts
AYE
Councilwoman Judy Lichter
AYE
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PASSED AND DULY ADOPTED this 19th day of October, 1998.
CITY COUNCIL OF THE
APPROVED FOR FORM
AND CORRECTNESS:
/%c� ( �
7 Nikki Clayton
City Attorney
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EXHIBIT A
CHAPTER 2
DEFINITIONS
When used in this Code the following terms shall have the meanings ascribed to them herein:
Ab initio - from the beginning.
Abandonment - to cease actively using any premises or land for its intended use.
Annexation - the incorporation of land into the City with a resulting change in the City's boundaries.
Arterial - a street that collects and distributes traffic to and from collectors and other arterials.
Banner Signs - any sign made of lightweight plastic fabric or other material mounted to a pole or
building at one or more edges.
Board - Citizen Code Enforcement Board.
Bulk - the three-dimensional space within which a structure is permitted to be built.
Certificate - a certificate of competency which allows the holder to engage in contracting within the
City.
Certificate of Occupancy - a certificate approved pursuant to the terms of this Code, allowing the
occupancy or use of a building and certifying that the structure or use has been constructed in
substantial compliance with all applicable code requirements and ordinances.
Change in Use - a discontinuance of an existing use and the substitution with a use of a substantially
different kind or class.
City - City of Edgewater, Florida.
City Council- City Council of the City of Edgewater, Florida.
Code Inspector - Any authorized agent of the City whose duty it is to assure code compliance.
Collector - a street that collects traffic from local streets and connects with an arterial.
Competent Substantial Evidence - evidence a reasonable mind would accept to support a conclusion.
( code\chapter.2)
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Includes the testimony of qualified witnesses as opposed to the opinions and objections of interested
parties. In determining what constitutes competent substantial evidence, the decision making body
must adduce the facts and not merely poll interested parties.
Comprehensive Plan - the official public documents and plan on file with the City that have been
adopted by ordinance by the City Council as amended and used to guide the growth and
development of the City.
Conditional Use - a use permitted in a district upon a showing that such use in a particular location
will comply with all the procedures, standards and conditions for the development or operation of
such use contained in this Code.
Contractor - a person who, for compensation, undertakes to, submits a bid to, or does himself or by
others construct, repair, alter, remodel, add to, demolish, subtract from or improve any building or
structure, including related improvements to real estate, for others or for resale to others.
Construction Sign - a temporary sign at the site on which construction is taking place identifying the
design professionals, owners, sponsors, financial supporters or other similar individuals having a role
or interest in the structure or project.
CRE - Construction Regulation Board
Dedication - the transfer of property by an owner to the City for public use.
Detention - the collection and temporary storage of stormwater in such a manner as to provide for
treatment through physical, chemical, or biological processes with subsequent release of the
stormwater.
Development - the division of land into two or more parcels; the construction, reconstruction,
conversion, structural alteration, relocation, or enlargement of any structure; any mining, excavation,
landfill or land disturbances; and any use or extension of the use of land.
Development Agreement - an agreement for the development of a particular property between a
person having legal or equitable interest in the land and the City.
Development Order - a document issued by the Director of Community Development authorizing
specific development activity and further authorizing the subsequent issuance of necessary permits.
Development Sign - a temporary sign at the site on which a project is planned directing attention to
and promoting development on that site.
( code\chapter.2)
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Diameter at Breast Height (DBH) - the trunk: diameter of a tree measured 4.5 feet above grade.
Director - Director of Community Development
Exfiltration - water passing through a permeable substance such that the water is filtered as it is
discharged from a water conveyance facility.
Festoon - a carved, molded or painted ornamental border on a building or structure.
Final Record Plat - a map or set of maps for all or a portion ofa subdivision that is presented to the
City for final approval.
Flood Plain - land which will be inundated by floods known to have occurred or reasonably
characteristic of what can be expected to occur from the overflow of inland or tidal waters and the
accumulation of runoff of surface waters from rainfall.
Frontage - the length of a lot that fronts on a public street.
Hammock - an area that is usually higher than surrounding lands and that is characterized by
hardwood vegetation and deep humus rich soils.
Hazardous Material - any substance that by reason of its toxic, caustic, corrosive, abrasive or
otherwise injurious properties, may be detrimental or deleterious to the health of any person handling
or otherwise coming into contact with such substance.
Hearing de Novo - a hearing held for the second time, but as ifthere had been no former decision.
Land Use - the occupation or utilization of land.
LDRA - Land Development and Regulatory Agency.
Low Profile Sign - any sign in which the entire bottom is in contact with or is close to the ground
and is independent from any buildings or other structures.
Mean High Water (MHW) - the average height of the river for all high tides as established under
Chapter 18-21 of the Florida Administrative Code.
Mean Low Water (MLW) - the average height of the river for all low tides.
Metes and Bounds - a method of describing the boundaries of land by compass bearings and
distances from a known point of reference.
(code\chapter.2 )
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Minor Replat - subdivision or resubdivision of land no more than 5 acres in size into no more than
5 separate lots.
Minor Residential Construction Variance - The permission to depart from the literal requirements
of the set back section of the code. Construction variances shall not be granted for anything
exceeding one (1) foot in dimension or 10% of the setback, whichever is less.
National Geodetic Vertical Datum (NGVD) - vertical control used as a reference for establishing
varying elevations within a given plain as corrected by the U. S. Geological Survey in 1929.
Nonconforming Lot - a lot, the area, dimensions, or location of which was lawful prior to the
adoption, revision, or amendment of this Code but that fails by reason of such adoption, revision,
or amendment to conform to this Code.
Nonconforming Structure - a structure or building, the size, dimensions, or location of which was
lawful prior to the adoption, revision, or amendment of this Code but that fails by reason of such
adoption, revision, or amendment to conform to the present requirements of the Code.
Nonconforming Use - a use or activity that was lawful prior to the adoption, revision, or amendment
of this Code but that fails by reason of such adoption, revision, or amendment to conform to the
present requirement of the Code.
Notice of Lis Pendens - information or announcement that a lawsuit is pending.
One Hundred Year Flood Plain - a flood plain which has 1 % chance of inundation in any given
calendar year.
Outfall - a direct connection of an overflow and/or drain-down device from a retention area to an
offsite location or drainage facility.
Peak hour - the hour during which the heaviest volume of traffic occurs on a roadway.
Pennant - any lightweight plastic, fabric or other material whether or not containing a message of
any kind, suspended from a rope, wire or string which is designed to move in the wind.
Permit - written authorization issued by the City or other governmental entity empowering the holder
of the authorization to do some act not forbidden by law, but not allowed without such authorization.
Person - includes individuals, firms, associations, joint ventures, partnerships, estates, trusts,
corporations, and all other groups or combinations.
( code\chapter.2)
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Plat - a map or set of maps depicting a subdivision.
Pole Sign - any sign that is mounted on a freestanding pole or other support that is independent from
any building or other structure.
Political Sign - a temporary sign announcing or supporting political candidates or issues In
connection with any national, state or local election.
Portable Sign - any sign not permanently attached to the ground or other permanent structure, or a
sign designed to be transported, including, but not limited to signs to be transported by means of
wheels.
Potable Water - water suitable for drinking or cooking purposes.
Preliminary Record Plat - a map and related site information indicating the proposed layout of a
subdivision.
Projecting Sign - any sign affixed to a building or wall in such a manner that its leading edge extends
more than six (6) inches beyond the surface from such building or wall.
Real Estate Sign - any sign pertaining to the sale or lease of the property on which the sign is
located.
Repeat Violation - a violation of a provision of this Code by a person who the Citizen Code
Enforcement Board has previously found to have violated the same provision within five (5) years
prior to the violation.
Retention - the prevention of, or to prevent the discharge of, a given volume of stormwater runoff
into surface waters of the City or State, by complete onsite storage.
Roof Sign - a sign mounted on the roof of a building or that is wholly dependant upon a building for
support and that projects above the top edge of a building with a flat roof, the eave line of a building
with a gambrel, gable, or hip roof or the deck line of a building with a mansard roof.
Section - a unit of land measurement containing 640 acres, 1 square mile, or 1/36 of a township.
Shopping Center - a group of four (4) or more commercial establishments planned, constructed and
managed as a total entity with customer and employee parking provided on-site.
Sign - any device or display, consisting of letters, numbers, symbols, pictures, illustrations,
announcements, cut-outs, insignia, trademarks, and demonstrations, designed to advertise, inform,
( code\chapter.2)
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identify, or to attract the attention of persons not on the premises on which the device or display is
located, and visible from any public way. A sign shall be construed to be a single display surface
or device containing elements organized, related and composed to form a single unit. In cases where
material is displayed in a random or unconnected manner where there is reasonable doubt as to the
intended relationship of such components, each component or element shall be considered to be a
single sign. A projecting or ground sign with sign surface on both sides of such sign shall be
construed as a single sign, and the total area of such sign shall be the area computed on a single sign.
Site Plan - a group of documents containing sketches, text, drawings, maps and other materials
intended to present and explain certain elements of proposed development including physical design,
siting of buildings and structures, vehicular and pedestrian access, the provision of utilities, and the
inter-relationship of these elements.
Snipe Sign - a sign that is attached in any way to a tree, utility pole, traffic control device or other
similar object.
Subdivision - the division of a lot, tract, or parcel of land into two or more lots, tracts, parcels or
other divisions of land for sale, development or lease.
Township - a division of land into tracts of six miles square, containing thirty-six sections of 640
acres each.
Traffic Count - a tabulation of the number of vehicles or pedestrians passing a certain point during
a specified period of time.
TR Y - Technical Review Committee
Trip - a single or one-way vehicle movement either to or from a subject property or study area.
Trip Assignment - the number of vehicle trips that will access each route to and from a development.
Trip Distribution - the measure of the number of vehicle movements that are or will be made
between geographic areas.
Trip Generation - the total number of trips generated by a development.
Variance - permission to depart from the literal requirements of this Code.
Wall Sign - a sign fastened to or painted on the wall of a building or structure in such a manner that
the wall becomes the supporting structure for, or forms the background surface of the sign, and does
not project more than six (6) inches from such building or structure.
(code\chapter .2)
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Warranty Deed - a deed warranting that the grantor has a good title, free and clear of all liens and
encumbrances and will defend the grantee against all claims.
Wastewater - water carrying wastes from homes, businesses and industries that is a mixture of water
and dissolved or suspended solids.
Wetlands - an area that is inundated or saturated by surface or groundwater at a frequency and
duration sufficient to support, and that under normal circumstances does support, a prevalence of
vegetation, typically adapted for life in saturated soils.
( code\chapter.2)
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EXHIBIT B
CHAPTER 10
HARDSHIP RELIEF
ARTICLE 1
NONCONFORMITIES
Section 1001. Purpose
The purpose of this Chapter is to regulate and limit the continued existence of uses, lots,
signs, and structures which were lawfully established prior to January 1, 1995, (the effective
date of this Code) but do not conform to the current provisions of this Code.
Nonconformities may continue, but the provisions of this Chapter are intended to curtail
substantial investment in nonconformities and to bring about their eventual elimination.
Section 1002. Nonconforming Uses
1002.01
1002.02
1002.03
1002.04
1002.05
1002.06
Authority to Continue. Nonconforming uses of land or structures may continue in
accordance with the provisions of this Section.
Ordinary Repair and Maintenance. Normal maintenance and repair of structures
containing nonconforming uses may be performed.
Expansions. Nonconforming uses shall not be expanded. This prohibition shall be
construed so as to prevent the enlargement of nonconforming uses by an addition to
the structure housing the nonconforming use or by the occupation of additional land.
Relocation. The structure housing a nonconforming use may not be moved unless
the entire structure and use shall thereafter conform to the requirements of this Code.
Change in Use. A nonconforming use shall not be changed to any other use unless
such use conforms to the provisions of this Code. A change in use shall mean a
substantial change in character involving activities that result in different external
impacts. A change only in the items offered for sale or manufactured or a change in
the business name shall not constitute a change in use.
Termination.
A.
Abandonment or Discontinuance - When a nonconforming use is discontinued or
abandoned for twelve (12) months, then the nonconforming use may not be restored.
B.
Damage or Destruction - If a structure housing a nonconforming use is damaged or
destroyed to the extent of fifty (50%) percent or more of the assessed value of the
(codelchapter.l0)
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structure, then the nonconforming use of the structure may not be restored.
Section 1003. Nonconforming Structures
1003.01
1003.02
1003.03
1003.04
1003.05
Authority to Continue. A permitted use located in a nonconforming structure may
continue in accordance with the provisions of this Section.
Ordinary Repair and Maintenance. Normal maintenance and repaIr of
nonconforming structures may be performed.
Expansions. Any expansion of a nonconforming structure shall be in conformance
with the provisions of this Code. This shall not prevent expansion as long as the
nonconformity is not increased. A nonconforming structure may be altered or
enlarged into a required setback which already contains an encroachment as long as
the existing setback is not reduced further.
Relocation. A nonconforming structure that is moved shall thereafter conform to the
requirements of this Code.
Termination Upon Damage or Destruction. Any part of a nonconforming structure
that is damaged or destroyed to the extent of fifty (50%) percent or more of the
assessed value of said structure shall not be restored unless that part conforms to the
provisions of this Code.
Section 1004. Nonconforming Lots of Record
1004.01
1004.02
Legally Nonconforming Lots of Record. Any lot created prior to June 17, 1974, shall
be considered legally nonconforming if the lot has a width of at least forty (40) feet
and an area of at least three thousand six hundred (3600) square feet. Any lot created
between June 17, 1974, and January 1, 1995, (the effective date of this Code) shall
be considered legally conforming only if the lot met the requirements in effect as of
the date the lot was created.
Nonconforming Lots.
A.
In any district, principal permitted structures and customary accessory buildings may
be erected on any legally nonconforming lot of record or lot rendered nonconforming
through the exercise of eminent domain. Such lot shall be in separate ownership and
not be contiguous to other lots in the same or substantially the same ownership. This
provision shall apply even though such lot fails to meet the requirements of this Code
for area, width, depth, and frontage or any combination thereof, provided that yard
dimensions and requirements other than those applying to area, width, depth or
frontage shall conform to the requirements of this Code. Variance of yard
dimensions and requirements other than those applying to area, width, depth, and
(codelchapter.10)
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frontage shall be obtained only through action of the Land Development and
Regulatory Agency. Ifhowever, the lot has no frontage as defined in Chapter 2, then
proof of recorded legal ingress and egress acceptable to the City Attorney must be
furnished before a development order will be issued.
B. If a nonconforming lot is contiguous to another lot in the same or substantially the
same ownership, such lots shall be considered to be an undivided parcel for the
purposes of this Code.
C. The existence of a roadway dividing a parcel of land shall not determine whether the
parcel is considered to be two separate lots. Each portion of the parcel must have a
separate legal identity in order for the parcel to be considered two separate lots.
(Section 1005 - 1009 Reserved)
ARTICLE 2
VARIANCES
Section 10to. General Procedures
1010.01
Purpose. The purpose of this chapter is to provide a mechanism for authorizing
variances from the provisions of this Code. Variances are intended to provide relief,
not contrary to the public interest, in those circumstances where as the result of
special conditions pertaining to the parcel under consideration the literal enforcement
of this Code will result in unnecessary hardship to the applicant.
1010.02
Initiation. A written petition for a variance shall be initiated by the owner, the
owner's designated agent or any person having contractual interest in the property for
which relief is sought.
Section 1011. Variances from Dimensional Requirements
1011.01
Application Procedures. The Land Development and Regulatory Agency (hereafter
LDRA) shall have authority to grant variances from the area, setback, frontage,
height, bulk or intensity requirements of this Code in accordance with the standards
and procedures set forth in this Section.
The Building Official shall have the authority to grant a "Minor Residential
Construction Variance" for construction errors caused during construction A minor
construction variance shall be as defined in Chapter 2.
(codelchapter./O)
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A. An application for a variance shall be filed with the Department of Community
Development accompanied by a non-refundable fee as established by resolution of
the City Council. The application shall be in such form and shall contain such
information and documentation as shall be prescribed from time to time by the
Director, but shall contain at least the following:
1011.02
1. Applicant's name, address and phone number.
2. A copy of the most recent deed recorded in the Public Records of Vol usia County for
the property under consideration.
3. A survey certified within 90 days of the filing of the application as reflecting
all improvements and conditions on the property.
4. A description of the variance sought and the section of this Code from which
a variance is requested.
5. The purpose for the requested variance and a statement of the intended
development of property if the variance is granted.
6. Statements addressing each of the standards for granting variances set forth
in Section 1011.02.
B.
Within five (5) working days after receipt of an application, the Director shall
determine whether the application is complete. If the Director determines that the
application is not complete, he shall inform the applicant in writing of the
application's deficiencies. No further action shall be taken on the application unless
the deficiencies are remedied.
C.
Within thirty (30) working days after the Director of Community Development
determines an application is complete, he shall review the application, make a
recommendation, and submit it to the LDRA.
D.
Upon notification that an application for a variance is complete, the LDRA shall
place the application on the agenda of the next available regular meeting for a public
hearing in accordance with Article 2 of Chapter 3 of this Code. In reviewing the
application for variance approval, the LDRA shall consider the standards set forth
below, the applicant's statements addressing each of the standards and the
recommendation of the Director.
E.
Within a reasonable time after the hearing, the LDRA shall issue its written decision
approving, approving with conditions, or denying the variance.
Standards for Granting Variances. The LDRA shall not grant a variance unless the
(code\chapter./O)
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1011.03
1011.04
applicant presents competent substantial evidence to demonstrate that all of the
following criteria are met. Upon the completion of the hearing, the LDRA shall
make specific findings of fact based directly upon the particular evidence presented
supporting written conclusions that:
A.
The variance requested arises from a condition that is unique and peculiar to the land,
structures and buildings involved and is a condition that is not ordinarily found in the
same zoning district.
B.
Strict compliance with area, setback, frontage, height, bulk, and/or intensity
requirements would result in unnecessary hardship for the applicant as distinguished
from restrictions imposed by this Code on all other property in the same zoning
district.
C.
The condition is not the result of the actions of the applicant or the property owner.
D.
Granting of the variance will not create unsafe conditions nor other detriments to the
surrounding properties or public welfare.
E.
The variance granted is the minimum variance that will make possible the reasonable
use of the land or structures.
F.
The variance desired will not be opposed to the general spirit and intent of this Code
and the City of Edgewater Comprehensive Plan.
Limitations on Granting Variances. Variances shall not be granted that would:
A.
Permit the use of land or a structure contrary to the use provisions of the Zoning
Ordinance.
B.
No variance shall be valid for a period longer than twelve (12) months unless a
building permit is issued.
Appeals from the Land Development and Regulatory
Agency.
A. Any person aggrieved by a decision of the LDRA may appeal such decision to the
City Council by filing a written request with the City Manager within thirty (30) days
after the rendition ofthe decision by the LDRA. Such request shall be accompanied
by a nonrefundable fee as established by resolution of the City Council.
B. The request shall be placed on the agenda of a regularly scheduled meeting for a
(codelchapter.lO)
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. .
public hearing in accordance with Chapter 3, Article 2 of this Code. Such appeal
shaH be a hearing de novo.
C. The City Council shaH not grant a variance unless the applicant presents competent
substantial evidence to demonstrate that all of the standards set forth in Section
1011.02 are met. During the hearing, the City Council shall consider the decision of
the LDRA, the statements of the applicant addressing the standards and the
recommendation of the Director.
D. Within a reasonable time after the hearing, the City Council shall issue its written
decision approving, approving with conditions, or denying the variance.
{code\chafJter./ OJ
IImended 11.1' of Octo!Jer /998
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