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Home My WebLink About55000010008008_Conditional Use Permits_03-09-2016• S • zo\y t 1171261 Date Stamp CAROL SCHMALTZ OTTER TAIL COUNTY RECORDER FERGUS FALLS, MN RECORDED ON 03/01/2016 8:54 AM RECEIVED 1 7 2013 LAND & RESOURCE r?<^CO Ecoor CO FEE: 46.00 PAGES 6 WELL CERTIFICATE REC'D: No'” .KCO L&R Initial THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER APPLICATION FOR CONDITIONAL USE PERMIT / INTERIM USE PERMIT COUNTY OF OTTER TAIL GOVERNMENT SERVICES CENTER 540 WEST FIR, FERGUS FALLS, MN 56537 (218) 998-8095 Otter Tail County’s Website: www.co.ottertail.mn.us Application Fee (9 Receipt Number ~ H_____ lin/iL __________DAYTIME PHONE '7P/~ /t^Nl 5(,r7x.______________ COMPLETE THIS APPLICATION IN BLACK INK Accepted By / Date WuJlod_______PROPERTY OWNER(S) MAILING ADDRESS LAKE NUMBER LAKE NAME Y^\jCA^LAKE CLASS Qi3 TOWNSHIP NAMESECTION___^TOWNSHIP 137 RANGE PARCEL NUMBER E-911ADDRESs5if7*f1S^^^tooosoog ItV w s-Lsvxr LEGAL DESCRIPTION y.io AC- ?r &L- r ooA\ h)t- a>K. urr te s 7^ vJ ^1.0^ Ai 3V7-fcv2' P0.6 E- ?r 56y ^ PE6 vJ 13^-07*, ^ 1^.33 \ S 0^ ^ S£- 3o0.'n\ S g*/ 0£6 E, lOH.Hi'. $ 5^7 P^G < .n-titr/- u7 ___________________ Please check th CONDITIONAL USE PROJECT____ Topographical Alteration___ Commercial Use ^ Cluster Develop Forest Land Conversion___ Commercial WECS INTERIM USE PROJECT____ iai Use Miscellaneous Existing Dw/elling Removal___ Existing Dwelling Repurposing____ I PUBLIC NOTIFICATION.SPECIFY YOUR REQUEST. PLEASE BE BRIEF ^ ■ wiI • II W * * IIhI Jp. \-o 5^(LOiJ if4-WLO\;A-(MAvL- Ol. 'Ha*-'X do vi.o-1- y ii»vvYCri/^owuS 0'^ -^V»ww C,ULr^C«_- OlY«-*-. VVJLW C o t— <Uv I UNDERSTAND THAT APPROVAL OF THIS REQUEST APPLIES ONLY TO THE USE OF THE LAND. I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND & RESOURCE MANAG^flENT REGARDING THIS MATTER. n/)/] /! 'SIGNATURE OF PROPERT^OWNER / AGENT FOR OWNER DATE SCANNEDAPPLICANT MUST BE PRESENT AT THE HEARING (Applicant Will Receive Notification As To The Date/Time Of Hearing) 351 825 • Victor Lundeen Co Printers ♦ Fergus Falls MN • 1-800-346-4870 HHU UJU6K-D..S. 70!-'31.1-2-*/“?? yAato(/^ ^1, Z.oi(^W- TimeDate Of Planning Commission Hearing Planning Commission Recommendation Chairman/Otter Tail County Planning Commission / County Board Action Approved As Recommended Denied As Recommended Other Chairman/Otter Tail County Board of Commissioners Date of Final Action CONDITIONAL USE PERMIT # INTERIM USE PERMIT # Permit(s) required from Land & Resource Management Yes (Contact Land & Resource Management)No Copy of Application Mailed to Applicant. Co. Assessor and MN DNR L & R Official/Date bk 08012013 -006 Marsha Bowman Marsha Bowman Monday, February 29, 2016 9:28 AM 'Mark Hensley' RE: March 9th Agenda From: Sent: To: Subject: Hi Mark. Thanks for your timely email! We will contact the Planning Commission Members to inform them there will not be a March Meeting. Have a nice day! Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 218-998-8099 ----Original Message---- From: Mark Hensley [mailto:mhensley@loretel.net1 Sent: Monday, February 29, 2016 9:27 AM To: Marsha Bowman Subject: March 9th Agenda Please remove the Hensley/Akason Agenda Item for Conditional Use Application that is currently on the March 9th Agenda. The potential Buyer has decided not to pursue this Application at the current time. I'm hopeful that no-one has attempted to go on site yet. If you have any questions, Please contact me at 701-261-9634. Thank You, Mark Hensley 51749 County Highway 9 Pelican Rapids, MN 56572 SCANNED 1 STATE OF ) SS./VksCOUNTY OF ) to before me, a Notary Public, by T)^// f}YA^Sd^ ____of DGD Enterprises, LLP, a Minnesota Limited day of March, 2011. .1 itsSubscribed a sworn mrfr\er Liability Partnership, this wflGiMA 5i(S(5iSwtGtR Notary Public Siatf ot Norm Dakota j^Conv^issiort Ejtprat May 7. g0l5 fymA Notary E^lic ission expires: V' / Mail tax statements to: Mark H. Hensley and, Becky S. Hensley felAC-flLn Jm This document prepared by; Minnesota Title & Closing Company 819 Washington Avenue Detroit Lakes, MN 56501 Telephone: (218) 847-1297 SCANNED iGS9535 {DOC# 1089535m* No delinquent taxes and transfer entered; Certificat Real Estate Value ( ^ ) filed ( ) not requir Certificate of Real Estate Value No------ OFFICE OF COUNTY RECORDER OTTER TAIL COUNTY, MINNESOTA Certified, Filed, and/or Recorded: March 11, 2011 1;15 PM Wendy L. Metcalf, Recorder 1089535 Fee: $46.00 Well Certificate [ ] Rec'd • Wayne Stein, County Auditor Returned To: MINNESOTA TITLE & CLOSING CO INC 819 WASHINGTON AVE DETROIT LAKES. MN 56501^ SS-ooO'Ol^oooS'OcCr fi SS' ooO ot oooi ooo S^‘000‘0l’ oooS-ooV Deputy By: NDB WARRANTY DEED COUNTY OF OITERTAIL STATE OF MINNESOTA DEED TAX INUMBER > l.*> li2i. DATE . 'S - i\7U----^ STATE DEED TAX DUE HEREON: $1,320.00 1 1Date: March , 2011 FOR VALUABLE CONSIDERATION, the Grantor, DGD Enterprises, LLP, a Minnesota Limited Liability Partnership, hereby conveys and warrants to the Grantees, Mark H. Hensley and Becky S. Hensley, husband and wife, as joint tenants, real property in Otter Tail County, Minnesota, described as follows;I dgFgBy gSHify lhat tho &5+>wwW4' {&Jt§s for tfl8 y§ar_3ptL _. for the iaiid'8 gtesetibod within arfe pai^yJ^GPuntv Treasurer PN: Split from 55-000-01-0008-006, 55-000-01-0008-000, 55-000-01-0008-004 and 55-000-02-0014-000 See Attached Legal Description. Together with all hereditaments and appurtenances belonging thereto; subject to the following exceptions: Easements, restrictions, and reservations of record, if any. The Grantor(s) certify that the Grantor(s) does/do not know of any wells located on the described real estate. A Well Disclosure Certificate accompanies this document. The Grantor(s) certify that the status and number of well(s) on the described real estate has not changed since the last previously filed Well Disclosure Certificate^,__________ DGD Ent^rises, LLP TjpjlBy: crIts: SCANNEDMtcA - • EXHIBIT "A" Thai part of Government Lot 5 in Section 1, Township 137 North, Range 43 West of the Fifth Principal Meridian in OttcrTail County, Minnesota, described a,s follows: Commencing at a found iron monument which designates the northeasterly corner of Lot 18 of ENGLE’S BEACH, said plat is on file and of record in the office of the Recorder in said County; thence South 78 degrees 10 minutes 32 seconds West 20.50 feet on an assumed bearing along the northerly line of said ENGLE’S BE.ACH to a found iron momunent; thence continuing South 7S degrees 10 minutes 32 second.s Wc.si 66.70 feet along the northerly line of said ENGLE'S BEACH to the w'csl line of said Section 1 (said point bears North 78 degrees 10 minutes 32 seconds East 782.51 feet from a found iron monument at the northwesterly comer of Lot 17 of said ENGLE'S BEACH as measured along the northerly line of said ENGLE’S BEACH); thence North 00 degrees 04 minutes 16 seconds West 347.62 feet along tlic west line of sttid Section I; thence South 84 degrees 42 minutes 34 seconds East 735.27 feel to an iron monument, said point is the point of beginning; thence North 84 degrees 42 minutes 34 seconds West 735.27 feet to the west line of said Section 1; thence North 00 degrees 04 minutes 16 seconds West 75.33 feet along the west line of said Section 1; thence South 84 dcgrcc,s 42 minutes 34 seconds East 463.32 feet; thence North 70 degrees 55 minutes 49 .seconds East 39.58 feet to an iron monument; thence continuing North 70 degrees 55 minutes 49 seconds East 250.50 feet to an iron monument; thence continuing North 70 degrees 55 minutes 49 .seconds East 18.89 feet to a point hereinafter referred to as Point A; thence South 48 degrees 12 minutes 03 seconds East 104.21 feet; thence South 57 degrees 17 minutes 21 seconds East 205.18 feet; thence South 12 degrees 59 minutes 20 seconds We.st 17.53 feet to an iron moiuimeni; thence continuing South 12 degrees 59 minutes 20 seconds West 388.28 feel to an imn monument; thence South 40 degrees 21 minutes 21 seconds West 174.56 feci to an iron monument; thence South 09 degrees 43 minutes 27 seconds West 20.18 feet to an iron monument; thence continuing South 09 degrees 43 minutes 27 seconds VVest 72.51 feet to an iron monument; thence continuing South 09 degrees 43 minutes 27 .seconds West 9 feet, more or less, to the water’s edge of Pelican Lake; thence westerly along the water’s edge of said Pelican Lake to the intersection with a line which bears South 04 degrees 44 minutes 25 seconds West from the point of beginning; thence North 04 degrees 44 minute.s 25 seconds East 80.68 feet, moreot lcs.s, to an iron monument; thence continuing North 04 degrees 44 minutes 25 seconds East 524.32 leel to the point of beginning. SUBJECT TO AND TOGETHER WITH a 33.00 foot wide easement for driveway purposes over, under and aero.ss jjart of the above dc.scribcd tract and over, under and acro.ss part of said Government Lot 5, The centerline of said 33.00 foot wide driveway easement is described as follows; Beginning at the aforementioned Point A; thence South 48 degrees 12 minutes 03 seconds East 104.21 feel; thence South 57 degrees 17 minutes 21 seconds East 224.31 feet: thence easterly on a curve concave to the nonh, having a central angle of 28 degrees 53 minutes 08 sectinds and a radius of 400.00 feet, for a distance of201.66 feet (chord bearing South 71 degrees 43 minutes 55 seconds East): thence South 86 degrees 10 minutes 29 seconds East 60.78 feet lo the westerly right of way line of County Stale Aid Higliway No. 9 and suiil centerline there terminates. At the point of beginning of said centerline, the sidelines of .said .'^3.00 foot wide driveway casement shall be prolonged or shortened to terminate on a line which bears South 70 degrees 55 minutes 49 seconds West and North 70 degrees 55 minutes 49 seconds East from the point of beginning of said centerline. At the point of termination ol said centerline, the sidelines of said 33.00 foot wide driveway easement shall be prolonged or .shortened to terminate on the westerly right of way line of said County State Aid Highway No. 9. AND FURTHER SUBJECf TO an casement for right of way purposes over, under and across the southerly pari of the above described tract for County State Aid Highway No. 9 as located and established on December 29,2010. Marsha Bowman Marsha Bowman Wednesday, March 02, 2016 10:27 AM 'Mark Hensley' RE: March 9th Agenda - Conditinal Use Permit Application; PelicanLake (56-786) From: Sent: To: Subject: I am glad I could help clarify the situation. I am sorry that it didn’t work out for you! Have a nice day! Marsha MarihcvBcnvmciAV Office'Admlniitrator Lccnd/6r 'ReyytAj^ce'Mccnagement QSC, 540 VO fir fergui-faUi-, MW 56537 218-998-8099 From: Mark Hensley rmailto:mhensley(5iloretel.net1 Sent: Wednesday, March 02, 2016 10:09 AM To: Marsha Bowman Subject: RE: March 9th Agenda - Conditinal Use Permit Application; PelicanLake (56-786) OK, That's fine, just wanted to verify. I tried to get him to hold off in the first place but he was in such a hurry. Thanks for all of your help. Mark On Wednesday 03/02/2016 at 09:22, Marsha Bowman wrote: Hi Mark, Please be aware that since we received your written request to withdraw the Conditional Use Permit Aplication, there was notice made (i.e. Planning Commission Members, County Website, etc.) that the March 9‘" Meeting was cancelled and your Application was recorded as “withdrawn”. As indicated on our Fee Schedule, “All Fees are non-refundable”. Since this is the case, if you were to re-apply for a commercial use on that property, a new Conditional Use Permit Application and Fee would be required. If you have any questions, please contact me. Marsha Marsha Bowman Office Administrator Land & Resource Management GSC. 540 W Fir Fergus Falls, MN 56537 218-998-8099 [ Image ] SCANNED 1 From: Mark Hensley [mailto:mhenslev@:loretel.net1 Sent: Wednesday, March 02, 2016 8:30 AM To: Marsha Bowman Subject: RE: March 9th Agenda Marsha, I have a question about this conditional use permit that we removed from the March Meeting Agenda. I'm still working with this Skyler person on selling my property to him and there's still could be a chance that we need to apply for this permit. Is there any chance that it could have been re-scheduled for a later meeting instead of removed completely? Or since it's been removed is the only option to re-apply and pay the $500 again? Thanks Mark Hensley On Monday 02/29/2016 at 09:28, Marsha Bowman wrote: Hi Mark, Thanks for your timely email! We will contact the Planning Commission Members to inform them there will not be a March Meeting. Have a nice day! Marsha Marsha Bowman Office Administrator Land & Resource Management GSC, 540 W Fir Fergus Falls, MN 56537 218-998-8099 ----Original Message----- From: Mark Hensley [mailto:mhenslev@loretel.net1 Sent: Monday, February 29, 2016 9:27 AM To: Marsha Bowman Subject: March 9th Agenda Please remove the Hensley/Akason Agenda Item for Conditional Use Application that is currently on the March 9th Agenda. The potential Buyer has decided not to pursue this Application at the current time. I'm hopeful that no-one has attempted to go on site yet. If you have any questions. Please contact me at 701-261-9634. Thank You, 2 Mark Hensley 51749 County Highway 9 Pelican Rapids, MN 56572 3 OTTER TAIL COUNTY PLANNING COMMISSION NOTICE OF PUBLIC HEARING Skyler Akason (Proposed Buyer) 4498 Woodhaven Dr. S. Fargo, ND 58104 Mark Hensley (Property Owner) 51749 Co Hwy9 Pelican Rapids, MN 56572 APPLICANT: HEARING DATE/LOCATION: March 9, 2016, at 6:30 P.M. Commissioner's Room, Government Services Center West Fir Fergus Falls, MN 56537 CONDITIONAL USE PERMIT APPLICATION REQUEST (as stated by the Applicant on the Application): I would like to be able to run a landscaping/lawn care/snow removal business out of the shop located on the property. I do not plan to construct anything new or add on any impervious surface area. LAKE NAME/NUMBER/CLASS: Pelican Lake (56-786) GD E-911 ADDRESS: 51749 County Hwy 9 LEGAL DESCRIPTION: Pt GL 5 (5.10 AC), Section 1, Scambler Township " Weather Conditions may change the Hearing date and time. If bad weather occurs, please listen to the local Fergus Falls Radio Stations or contact the Land & Resource Management Office, by 4:30 p.m., for possible rescheduling of the Hearing. The above Applicant has made Application to the Otter Tail County Planning Commission for a Conditional Use Permit as per the requirements of the Shoreland Management Ordinance of Otter Tail County. Details of the Application are available for viewing at the Land & Resource Management Office, Government Services Center 540 West Fir, Fergus Falls, MN 56537. Any comments regarding this request may be expressed at the Hearing or mailed to the Land & Resource Management Office at the above address. Individuals with questions or requiring special accommodations should contact the Land & Resource Management Office, 218-998-8095, prior to the hearing. Bert Olson February 24, 2016 Chairman Planning Commission Mailing Date SCANHEO w| 0\ip Aff SS'OrX?- Ql~o00^-00\ February 16, 2016 I am requesting a conditional use permit to allow me to run a landscaping/lawn care/snow removal business out of a shop that is located at 51749 County Hwy. 9, Pelican Radids, MN (Parcel number 55000010008008). 1 am looking at possibly purchasing this property but am not the current owner. 1 believe that the business would be very compatible with the surrounding area as 1 would not be changing the property or constructing any new buildings. There are also other businesses near by. The shop is roughly 650 feet away from the water and no business would be conducted by the water. There would be no negative environmental impact. If anything, there would be a positive environmental impact as the landscaping and vegetation upkeep would be improved. There would be no hazards created. The density would not change as the structures would stay in tact with no additions being added. The area would be very suitable, in its existing state, for a landscaping business. Nothing would need to be changed. There would not be a problem with parking as we would not have customers coming to our place of business. We would typically meet the customer at their home. There would be very little noise as the work we would be doing would be done at customer’s homes not at our place of business. Our regular work hours in the summer would be from about 7:00am to about 5:00pm and in the winter work hours would be dependent on the snow. Again, the work would be done at customer's homes and not at our place of business. There is adequate lighting on the front and side of the shop. 1 would propose to put roughly a 5’x8' sign along county hwy. 9 and one along county hwy. 5. It is to be determined whether they would be lighted signs. 1 would like to get the business up and running by the beginning of May. The lot area is plenty adequate for our use. There would not need to be any changes in the existing topography for our proposed use. There would be no adverse effects of the proposed conditional use. 1 believe there would be a great positive effect on the proposed area of business and surrounding areas as we provide a very professional service and beautifully designed and installed landscape projects. Skyler Akason [Precision Lawn Care & Landscaping Inc.) RECEIVED FEB 1 7 2015 land i. RESOURCE SCANHED w( cuf* /ff S5-OCO-OhcOO%-<^\ ' SL^ ld<o) IMPERVIOUS SURFACE CALCULATION List & identify all existing & proposed onsite impervious surfaces on scale drawing. Date: ^M.ZjST>Lot Area (ft^):Signature: Buildings Other Impervious Surface Existing Proposed Existing Proposed Ft^Ft^Ft^Ft Deck(s)/fcw«»t/tf Patio(s| ^ (oj ('o)MDwellingmo tjooo VJkUO*^ Attached Garage /(»KaIL»3^Y Detached Garage Sidewalk(s) Storage Shed Landing(s) •i9i^l30(? =/7gyWOASDriveway(s) RCU Parking Area(s) Miscellaneous Retaining Wall(s) Landscaping (Plastic Barrier)(000 Miscellaneous c*>(0)i,lfOX _________'33IX <jr>TOTAL BUILDINGS TOTAL OTHER Buildings Impervious Surface Percentage Maximum Allowable 20% ProposedExisting Total Lot Area Impervious Surface Ratio Ft^ Ft^ Ft^ Ft^Total Buildings 3^%aaa,/ri;0 iffIfOX-'(P. 03 100+-r X Buildings + Other impervious Surface Percentage Maximum Allowable 25% Total Buildings + Other Impervious Surface Existing Proposed Total Lot Area Impervious Surface Ratio Ft^Ft^Ft^Ft^ o.arllliM0 i.s'7.100+-r =X Impervious Surface Calculation Worksheet 03-25-2014 *"®«ow,ceMa/o WAIVER OF 60-DAY RULE THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE MANAGEMENT BETWEEN OCTOBER 1^^ & MARCH 1^^ I understand that, due to snow cover, the Planning Commission Members and/or the Board of Adjustment Members may not be able to view my property/project (Tax Parcel # ^S'ooooi ooo&oo0 described in my dated Application Since this is the case, it may not be possible for Otter Tail County to meet the legal requirement to take action within 60 days of receipt of my completed Application(s). Check One: I—I I agree to waive the 60-Day Rule in order to allow time for the Planning Commission Members and/or Board of Adjustment Members to view my property before taking action on my Application(s). I do not agree to waive the 60-Day Rule, and I understand that in the absence of waiving the 60-Day Rule, the County may have no alternative but to deny my Application(s). PROPERT'i^WNERdated 01-03-2011 Mbowman app &forms- waiver 60 day rule LAND AND RESOURCE MANAGEMENT OTTER TAIL COUNTY, GOVERNMENT SERVICES CENTER, FERGUS FALLS, MN 56537 STATE OF MINNESOTA ) ) ss COUNTY OF OTTER TAIL ) I, Marsha Bowman, duly appointed and Acting Secretary of the Otter Tail County Plannini^ommission for Otter Tail County, Minnesota, do hereby certify that onthe ^Y^.day of-------Srdb—, 2016, the attached^ Notjce of Hearing and was duly served upon the following: CourthouseCounty Sheriff County Highway Engineer Otter Tail COLA, PO Box 53, Ottertail City, MN 56571 MPCA, 714 Lake Ave., Suite 220, Detroit Lakes, MN 56501 DNR, Julie Aadland, Div. Eco & Water Resources, 1509 1st Ave N, Fergus Falls, MN 56537 Shawn Donais, DNR, Trails & Waterways Jim Wolters, DNR, Div. of Fisheries Mike Oehler, DNR, Div. of Wildlife Planning Commission Members (The above receive aU Notices) Lake Improvement District (if project is located on their lake, mail Notices to the Lake Improvement District) Big McDonald; Big McDonald Lake Improvement Dist., PO Box 81, Dent, MN 56528 Devils (Near Perham): Same Envelope Devils Lake Imp. Dist., %Jeana M Nelson, 40631 Aerovilla Rd, Perham, MN 56573-8629 Little McDonald, Kerbs & Paul: LMKP Lakes Imp. Dist., PO Box 133, Perham, MN 56573 Little Pine & Big Pine; Pine Lakes Imp. Dist., PO Box 405, Perham, MN 56573 ____________________ C^elic^n, Rsh, Bass & Little Pelican: Pelican Lak^rouo Lake Imp. Dist., %FreTManuel, 26271 Otoson RD, Detroit Lakes MN 56501^ South Turtle Lake Imp. Dist., %Bricker & Janet Johnsen, 32790 Turtle Shore Ln, Underwood, MN 56586South Turtle Lake: (if located within 2 miles of a city) list. Office, 1000 Hwy 10 W, Detroit Lakes, MN 56501 (if located on a State or Fed Hwy) Adjace'ht Coumy Zoning Administrator (If the County is in the “Buffer) - check their website for name/address Becker C^nty Auditor (notify in addition to their Zoning Administrator) - check their website for name/address Per BK/oo i^ notify individuals within a City Limit Cit MN C^wnship Cler1^ak^:Aj6S(5ciation, suiA^j^Offif appropriate), and those listed on (he attached sheet...,^ by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and by depositing them in the U.S. Mail at Fergus Falls, MN, properly addressed to each of the above named at the addresses shown above. Secretary If parcel owner is “USA", mail to Fish & Wildlife Service, 18965 Co. Hwy 82, Fergus Falls, MN 56537 If parcel owner is “DNR”, ignore as they are receiving a notice as stated above If parcel owner is “St. of MN. 375 Centennial Bldg. Spec Asst, to Atty General St. Paul, MN “, mail to DNR Lands & Minerals 2115 Birchmont Beach Rd NE Bemidji, MN 56601 PC Affidavit 12-2015 PLANNING COMMISSION NOTIFICATION WORKSHEET •eV" c(5on(l!|4«Applicant: Lake!Meeting Date: V4 Mile (1320’) Conditional Use App % Mile (2640’) Preliminary Plat *Township / County Roads: Sherry (GtS) will get map, listing, labels (she has an advanced mapping system), unless it is adjacent to the parcel(s) that run the length of the road project. Be sure to list the road name(s) and the parcel number(s) involved with the project on this sheet for Sherry. K A(jyC f -C/s/P i— (o PC:Worksheet Notification 10/2015 mm p S SEICBB JHKMMMflti® SSXiBE!l'WlS'dEB AiLV iij <r> U - ’I3 n