HomeMy WebLinkAbout32000030018010_Variances_11-01-2012Variances
2
Barcode 128
W\o\\2o\2.1118267
1Dale Stamp DOC# 1118267 iiiiillililiiiiiiiiiiii
1118267
Fee: $46.00
Well Certificate [ ] Rec'd
OFFICE OF COUNTY RECORDER
OTTER TAIL COUNTY, MINNESOTARECEIVED
OCT 0 9 28S
Certified, Filed, and/or Recorded.
November 06, 2012 2:05 PM
Wendy L. Metcalf, RecorderLAND & RESOURCE
Returned To:
LAND & RESOURCE
By: LLL&R Initial
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
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 ^0^
COMPLETE THIS APPLICATION IN BLACK INK Receipt Number
Accepted By / Date
^rotx>\DAYTIME PHONE fSZQ - Y7U 7PROPERTY OWNER
^3^(0 hi (^culc^MAILING ADDRESS
LAKE NUMBER LAKE NAME
1^1
KV\LAKE CLASS R !>
SECTION__^TOWNSHIP NAMERANGETOWNSHIP
srnoo.E-911
ADDRESS
PARCEL
NUMBER CJy Kn PA ^3^0000 300/ S'<^/0
LEGAL DESCRIPTION
Ph Cf tj:h t 36
TYPE OF VARIANCE REQUESTED (Please Check)
Cluster WECSStructure Size Subdivision Misc.Sewage SystemStructure Setback
SPECIFY HOW YOUR PROJECT VARIES FROM ORDINANCE REQUIREMENTS. PLEASE BE BRIEF AS
THIS WILL BE USED FOR PUBLIC NOTIFICATION.
/AL, ^ OlL l-C y
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I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE / SANITATION CODE / SETBACK ORDANAND AN/OR
WECS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED; IT IS MY RESPONSIBILITY TO CONTACT LAND &
RESOURCE MANAGEMENT REGARDING THIS MATTER.
______________flQ/AJr"'/d/lytd
SIGNATURE OF PROPERTY OVyNER / AGENT FOR OWNER DATE
SCMi'BAPPLICANT MUST BE PRESENT AT THE HEARING^
(Applicant Will Receive Notification As To The Date/Time Of Hearing)
345,194 • Victor Lundeen Co . Printers • Fergus Falls, Minnesota
f ■1
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Date Of Hearing Time
Motion
Joan Aaker - Application approved as requested. (7:30 p.m.)
I ;
After discussion and consideration, Steve Schierer made a motipn, second by Michael Harris and unanimously carried, to declare
the existing 2.35 acre parcel buildable for single family residential use as described in the application dated October 5, 2012 and
as depicted on the drawing submitted with the application. The variance as approved is consistent with past actions of the Board
of Adjustment.
N
mChWmian/Otfer Tail County &
I
Permit(s) required from Land & Resource Management
PjJc44/idj W 0
iMuitcD
Yes ,(jContact Larid! & Resource Management)
No
'..-O''
Copy of Application Mailed to Applicant, Go: Assessor and the MN DNR
LR Official/Date
bk 072011-001
November 1, 2012
Page # 2
Wayne and Maureen Langer- Application approved as requested. (7:28 p.m.)
Wayne and Maureen Langer, Lot 5 Block 1 The Peninsulas, East Spirit and Kemp Lakes in Dora Township, requested
the following: Because we are positioned between Kemp Lake and Spirit Lake, we are only able to meet a 184'
setback on our lake home addition and a 108' setback on a future detached garage project. Please reconsider the
needed 200' setback for these projects. We are able to meet the Spirit Lake setback. The audience was polled with
no one speaking for or against the variance as requested. After discussion and consideration, Steve Schierer made a
motion, second by Randall Mann and unanimously carried, to approve the variance as requested in the application
dated September 28, 2012 and as depicted on the drawing submitted with the variance application.
Hardship/practical difficulty is the terrain/topography features of the applicants' property.
Joan Aaker - Application approved as requested. (7:30 p.m.)
Joan Aaker, part of Government Lot 8, Section 3 of Hobart Township by Wimer Lake, requested the following:
Property has a substandard lot frontage of 270’ instead of 300’. Would request permission to make lot buildable on
the 2.35 acres for single family residential use. Dave Francis represented the applicant at the public hearing. The
audience was polled with no one speaking for or against the variance as requested. After discussion and
consideration, Steve Schierer made a motion, second by Michael Harris and unanimously carried, to declare the
existing 2.35 acre parcel buildable for single family residential use as described in the application dated October 5,
2012 and as depicted on the drawing submitted with the application. The variance as approved is consistent with past
actions of the Board of Adjustment.
Steven and Tanya Olson - Application approved as requested with a condition. (7:32 p.m.)
Steven and Tanya Olson, Lot 9 Silver Shores, Silver Lake in Everts Township, requested the following: Part of the
new septic drain field appears to have been placed in the road right-of-way. We are seeking a variance to leave the
drain field in the present location as there is no other location available. Approximately 4’ into the road right-of-way.
Required setback for drain field is 10’ from road right-of-way. The applicants were represented at the public hearing
by Steve Olson, property owner, Dan Ness, system installer and Alan Olson, Broker. The audience was polled with
Barb Halvorson questioning how the system could have been installed in this location and the need for an after the
fact variance and with Bob Krava speaking in support of the variance as requested. After discussion and
consideration, Steve Schierer made a motion, second by Thomas Lee and carried with Paul Larson voting no, to
approve the current placement of the existing drain field, which is approximately 4' into the road right-of-way with the
condition that a letter from the township accepting the current location must be obtained and placed on file. It was
noted that the present location is perhaps the only and best location available for the system.
Troy and Heather Teigen - Approved/Denied. (7:42 p.m.)
Troy and Heather Teigen, part of Government Lots 1 and 2, Section 33 of Lida Township by Lake Lida, requested the
following: Requesting a variance for holding tank placement 0-T to neighbors lot line, to allow 50' setback from well.
Requesting variance to add on/replace existing cabin 35’ from ordinary high water level. Building footprint would
increase from 18.5’ by 26.5’ to 22’ by 40’ keeping same distance (35’) from ordinary high water level. Also requesting
to add approximately 10’ to height of current cabin for a loft. A small amount of contouring would be done
(approximately 20-30 yards) to smooth out lot along lake. The required setback from the ordinary high water level for
the structure is 75’ and the required setback for the holding tank from the lot line is 10’. This is a substandard lot.
Owner Is concerned with extensive change in contour of lot and removal of threes if building were to be moved back.
The audience was polled with no one speaking for or against the variance as requested. An email from Greg Larson,
President of Ohman Beach Association, expressing concerns with the requested ordinary high water level setback
was read for the record. After discussion and consideration, Randall Mann made a motion, second by Steve Schierer
and unanimously carried, to approve the variance as requested for the placement of the holding tank 0-T from the
neighbors lot line, to deny the variance as requested from the ordinary high water level for the proposed structure
development, noting that placement of the proposed new structure development 35’ from the ordinary high water level
would obstruct the view from the adjacent properties, and to approve the placement of a new dwelling no closer to the
ordinary high water level than what would be allow by the using the existing building line.
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IMPERVioUS SURFACE eALGULATION WORKSiHEET:
List of Onsite (Existing and Proposed) Impervious.Surfaces (must be shown oncscale drawing):
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5~74 R2 paS<.AStructure(s):
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Deck(s):AAir'
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Driveway(s): /^'K2,3^Ft2
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Ft2Sidewalk(s):
Ft2Stairway(s):
.V/?Ft2Retaining Wall(s):
Ft2Landscaping:
I (Plastic Barrier)
Other:
1
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£x/stftt^ f Phe>po^.^.
3^12. / R2 / c4^l
TOTAL IMPERVIOUS SURFACE:i
/o!Ft2LOT AREA:
/^4 = €.0^X100 =%
TOTAL IMPERVIOUS SURFACE IMPERVIOUS SURFACE RATIOLOT AREA
1
;
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(
WAIVER OF 60-DAY RULE
THIS FORM MUST BE SUBMITTED TO THE OFFICE OF LAND & RESOURCE
MANAGEMENT BETWEEN OCTOBER & 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 # 32.aC)o3oo i s' qI<^
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:
177^ 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—I 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).SCAKiB
}0~ ~
DATED PROPERTY OWNER
01-03-2011
Mbowman app &forms~ waiver 60 day rule
Notice of Hearing for Variance
Otter Tail County
Government Services Center
510 Fir Ave W
Fergus Falls, MN 56537
(218) 998-8030/998-8041
Email - wstein@co.ottertail.mn.us
www.co.otter-tail.mn.us
Applicant and/or applicant’s representative must be present at the scheduled hearing.
To Whom It May Concern:
Joan Aaker
2380 W Calle Cacilo
Green Valley, AZ 85622
has/have made application to the Otter Tail County Board of Adjustment for a variance as per requirements of the Otter
Tail County Shoreland Management Ordinance, the Otter Tail County Set Back Ordinance and/or the Subdivision
Controls Ordinance. The Otter Tail County Board of Adjustment will assemble for this hearing on
Thursday, November 1, 2012 at 6:30 p.m.,
in the Commissioners’ Room of the Otter Tail County Government Services Center, Fergus Falls, MN. (Please use the
public entrance located on the northeasterly side of the Government Services Center. The second left off Fir Ave.)
Individuals requiring special accommodations should contact the County Auditor’s office prior to the date of the
public hearing.
The property concerned in the application is legally described as
part of Government Lot 8,
Property Address - 51078 Wymer Lake Road
Section 3, Township 137, Range 40 - Township Name - Hobart
Lake No. 56-355, Lake Name - Wimer, Class - RD
The variance requested is -
the following: Property has a substandard lot frontage of 270’ instead of 300’. Would request permission to
make lot buildable on the 2.35 acres for single family residential use.
Wc^Tie Stein
Board of Adjustment Secretary
Date: October 12, 2012
V * I,1-
OTTER TAIL COUNTY
Fergus Falls, Minnesota
State of Minnesota )
)SS
County of Otter Tail)
I, Wayne Stein, Secretary for the Board of Adjustment for Otter Tail County, Minnesota, do hereby
certify that on the 15th, day of October, 2012 the attached Notice of Hearing for Variance was duly
served upon the individuals listed below and/or included in the attachment;
Joan Aaker, 2380 Calle Cacillo W, Green Valley, AZ 85622 8058
Debi Moltzan, Twp Clerk of Hobart, 47634 353'^^ Ave , Frazee, Mn 56544
Otter Tail County Cola, % John Matteson, 23674 W Silver Lake Rd, Battle Lake,MN 56515
Richard West, OTC HWY Engineer, 505 S. Court St. Suite #1 Fergus Falls, MN 56537
Julie Aadland, DNR Eco & Water Resources, 1509 1^^ Ave N, Fergus Falls, MN 56537
Board of Adjustment:
Paul R. Larson, 21283 County Highway 65, Henning, MN 56551-9573
R. Stephen Schierer, 3310 Rollins Beach, Fergus Falls, MN 56537-4216
Thomas (Tom) Lee, 15600 Cty Hwy 118, Elizabeth, MN 56533-9559
Randall Mann, 532 N. Ann St., Fergus Falls, MN 56537
Michael Harris, 38019 Dead Lake Rd, Richville, MN 56576
Bert Kinizer, 403 E Street N, Underwood, MN 56586
by placing a true and correct copy thereof in a sealed envelope, postage prepaid, and depositing the
same in the United States Mail at Fergus Falls, MN, property addressed to each of the individuals
listed above and/or listed in the attachment.
Dated; October 15th, 2012
Wayne Stein, Secretary
Otter Tail County Board of Adjustment
By: Vc O
Vi Manderud
»
OSCAR C & LUCILLE R BIRKELAND
50985 WYMER LAKE RD E
FRAZEEMN 56544 8981
KENNETH L & LYNDA D BIRKELANDJOAN AAKER
2380 CALLE CACILLO W
GREEN VALLEY AZ 85622 8058 PO BOX 1102
DETROIT LAKES MN 56501 1102
RODNEY W & CAROLYN BOYER
51127 WYMER LAKE RD E
FRAZEEMN 56544 8982
FRANK & ANITA CIPRIAN
5338 AVENIDA ALMENDROS
SAN JOSE CA 951231404
GARYS FURNITURE & CARPETING
PO BOX 296
FRAZEEMN 56544 296
SUSAN L HUNTER
1015 39TH STN H30
GRAND FORKS ND 58203 2016
KENNETH P JACOBSONMICHELE S HEYING
50944 GOOD OAK LOOP
FRAZEE MN 56544 8980 PO BOX 307
FRAZEEMN 56544 307
ANNE & DAVID KELLERHUIS
51187 WYMER LAKE RD E
FRAZEEMN 56544 8982
BRANDON KETTER
50942 WYMER LAKE RD E
FRAZEEMN 56544 8981
KENNETH P & MARLYS F JACOBSON
PO BOX 307
FRAZEE MN 56544 307
ROXANNE R LAWRENCE
871 LAKERIDGE PL
WEST FARGO ND 58078 4042
GARY & KAREN JOANN KRAUSE
50915 GOOD OAK LOOP
FRAZEEMN 56544 8980
KYLE J & DENISE A KIESELHORST
51166 WYMER LAKE RD E
FRAZEEMN 56544 8982
PHILLIP & PATRICIA POPPENHAGEN
50858 WYMER LAKE RD E
FRAZEEMN 56544 8981
LEO F STELTEN
1013 2ND STN
FARGO ND 58102 3735
DALE G & MARION E MAKEY
50837 WYMER LAKE RD E
FRAZEEMN 56544 8981
JEROME TAPPE & DENISE OVERLAND
50964 WYMER LK RD E
FRAZEEMN 56544 8981
JEROME TAPPE
50964 WYMER LAKE RD E
FRAZEEMN 56544 8981
879719f •O^ICE OF COUNTY RECORDER
OTTER TAIL MINNESOTA
I hereby certify that
this instrument # 87f^^ f
was filed/recorded in this office ^
for record on the _^) 9
—___Api I i day of
Wendy L^tcalf, County Beco^er^^^
L2:.o0chtj recording fee
----------------well certificate
2001 at
THE ABOVE SPACE IS RESERVED FOR THE COUNTY RECORDER
APPLICATION FOR VARIANCE
COUNTY OF OTTER TAIL
COURTHOUSE, FERGUS FALLS, MN 56537
(218) 739 - 2271
**«COMPLETE THIS APPLICATION IN BLACK INK***1^'^-Application Fee
Receipt Number ^
Lawrence R. Anderson DAYTIME PHONE 570- 33-35“PROPERTY OWNER
EfHST ‘oTi^ouOSBue.fe , ?A lS3o\
NA W i m CfZ
BI6 R\t>6EADDRESS t eoLAKE CLASS NMN/ALAKE NUMBER LAKE NAME
SECTION__^TOWNSHIP ^37 range 40 W.HobartTOWNSHIP NAME
PARCEL NUMBER Part of # (9 O O (g CJ lO FIRE / LAKE I.D. NUMBER C^rjT7^
LEGAL DESCRIPTION
SEE EXHIBIT A ATTACHED HERETO AND INCORPORATED HEREIN BY REFERENCE.
pT~ C(Orv-i tt +- CLo •" L4- I !3.kl V<
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TYPE OF VARIANCE REQUESTED (Please Check)
structure Setback Subdivision__x_ Cluster____ Misc.Structure Size____Sewage System
SPECIFY VARIANCE REQUESTED
I would like to convey to neighboring property owner# Jerome Tappe# a 30 ft. strip of land
along the east line of the property previously conveyed to Tappe as depicted on Exhibit B
attached hereto and incorporated herein by reference.
I UNDERSTAND THAT I HAVE APPLIED FOR A VARIANCE FROM THE REQUIREMENTS OF THE SHORELAND
MANAGEMENT ORDINANCE/SUBDIVISION CONTROLS ORDINANCE OF OTTER TAIL COUNTY.
I ALSO UNDERSTAND THAT OTHER PERMITS MAY BE REQUIRED, IT IS MY RESPONSIBILITY TO
CONTACT LAND & RESOURCE MANAGEMENT REGARDING THIS MATTER.7P--------------------- -----------—3
SIGNATURE PROPERTY oWnER . U |
AlSpCitANVMUST BE PRESENT AT THE HEARING ,
(Applicant Will Receive Notification As To The Date/Time Of Hearing)V
.r~i 0 I
DATE
Lawrence R. An
fiODos-t-'-to (P- uv\d- iCy J '-^oa
- oo / ,
■ ,00 -o s
April 12, 2001
Page 11 It' dd o(xw^dii\
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Accepted By Land & Resource L & R OfTicial/Date
/
/p? iPco/6'-3oDate Of Hearing Time pYi.
Motion
Lawrence R. Anderson - Approved with condition.
Motion was made,by David Holmgren, second by Cecil Femling and unanimously carried, to approve the subdivision
of a 30' strip of land from an existing 2.56 acre parcel for the purpose of conveyance and attachment to the adjacent
property with the condition that a registered surveyor’s drawing must accompany the document of conveyance.
Hardship is the terrain, topography and trees.
Cttairman/Otter Tail County Board of Adjustment
/
Permit(s) required from Land & Resource Management
Yes (Contact Land & Resource Management)
No
Cnny of Annlir.ation Mailed to Applicant And the MN DNR___
L R OfTicial/Date
bk 0196-001
291.308 * Victo< Lundian Co.. Ptintork • Fcigus Falll. Minn«soi«
April 12, 2001
Page 2
** Al and Earllet Johnson - Approved
f,
Al and Earllet Johnson, Battle Lake, MN, requested a variance to subdivide approximately 1,250 square
feet or approximately .0287 of an acre from an existing 1.4 acre parcel for attachment and inclusion in the
proposed plat of Maet-Boh. The property is described as a 1.4 acre tract in the Northwest Quarter, Section
4 of Clitherall Township. Kurt Maethner represented the applicant at the public hearing. The audience was
polled with no one speaking for or against the request. After discussion and consideration, motion was
made by David Holmgren, second by Steve Schierer and unanimously carried, to approve a variance to
subdivide approximately 1,250 square feet or approximately .0287 of an acre from an existing 1.4 acre
parcel for permanent attachment to and inclusion in the proposed plat of Maet-Boh. It was noted that the
tract will become part of the dedicated road and that its use will remain the same as its current use. It was
also noted that the Planning Commission has approved the plat.
David J and Lynn M. Quincer - Denied
David J and Lynn M Quincer, Wadena, MN, requested a variance of 6’ at the northwest corner of the
dwelling and a variance of 3’ at the southwest corner of the dwelling for the placement of the dwelling 4’
from the lot line at the northwest corner and for the placement of the dwelling 7’ from the lot line at the
southwest corner. The required side lot line setback is 10’. The property is described as Lot 4, Block 1,
Juniper Hills, Marion Lake in Dead Lake Township. A letter from Virginia Garbarkewitz in favor of the
variance as requested was read for the record. The audience was polled with no one speaking for or
against the request. After discussion and consideration, motion was made by Steve Schierer, second by
Mark Steuart and unanimously carried, to deny the variance as requested as no adequate hardship unique
to the property had been shown that would allow for the granting of the variance as requested and to
require that the applicants bring the property into compliance with the ordinance by September 1, 2001.
Lawrence R. Anderson - Approved with condition.
Lawrence R. Anderson, East Stroudsburg, PA, requested a variance to subdivide a 30’ strip of land from an
existing 2.56 acre parcel for conveyance and attachment to the adjacent property. The property is
described as part of Government Lot 8, Section 3 of Hobart Township by Wimer Lake. The audience was
polled with no one speaking for or against the request. After discussion and consideration, motion was
made by David Holmgren, second by Cecil Femling and unanimously carried, to approve the subdivision of
a 30’ strip of land from an existing 2.56 acre parcel for the purpose of conveyance and attachment to the
adjacent property with the condition that a registered surveyor’s drawing must accompany the document of
conveyance. Hardship is the terrain, topography and trees.
Jerry Mickelson - Denied
Jerry Mickelson, Perham, MN, requested a variance to reduce the side lot building setback requirements
on the west side of the property to 40’ and on the east side of the property to 35’. This is necessary to
assist in the conversion of what is currently Leonard’s Resort of 26 allowable dwelling units to a proposed
new construction of 14 condominium units. All buildings in current use would be removed. The new
proposal was designed to meet or exceed county requirements for lake setback, open spaces,
centralization, compatibility with adjacent properties, minimization of impervious area and would increase
conformity to side lot requirements from current usage resulting in an overall improvement of the property.
The property is described as part of Government Lot 3, Section 31 and all of Lots 1 through 7, Lewis Ward
Martin’s Perfect Beach, Big Pine Lake in Corliss Township. The audience was polled with no one speaking
for or against the request. After discussion and consideration, motion was made by Mark Steuart, second
by Steve Schierer and unanimously carried, to deny the variance as requested as no adequate hardship
unique to the property had been shown and the proposed new development can be accomplished without
the granting of a variance.
; ’:n
;A tract of land situated in the County of Otter Tail,
State of Minnesota, boing the following described parcel
located in Govornmont Lot 8, SECTION 3, TOWNSHIP I37 NORTH
. OF RANGE kO WEST OF THE FIFTH PRINCIPAL MERIDIAN:
■ CoDueencing at the southeast corner of Lot 1 of Block One
of the pubdivision of "KARINALL" according to the Official
■ Rlpt thereof on file and of record In Book of Plats,
on page lk9 of the Otter Tail County records; thence East,
along the south line of said Section 3« a distance of 395*00
feet; thence North 195*60 feet; thence North 08* 46* East
150.96 feettd the place of beginning; thence South 08* 46*
Vest 150.96 feet; thence South 195*80 feet to the South line
of said Section 3i thence East along said south line, 3O.OO
feet; thence North 195*80 feet; thence North 08* 46* East
150.96 feet; thence East 6O.OO feet; thence North 164.57
feet; thence Vest I29.56 feet; thence North 38* 15* Vest l219*dO
feet; thence South 84* 04* Vest 139*07 feat to the centerline
of the public road; thence South 08* 27* 21** Vest, along said
road centerline, 270,00 feet; thence East-southeasterly 365 feet^
to the place of beginning, containing 2.56more or less,
acres, of which .23 acre is subject to a perpetual easement
for public road rlghts-of-wny,
Together with an easement for ingress and egress to Vimer '
Lake over, under and across the South 10 feet of Lot 3i Block
1, Karinall, according to the certified Plat thereof on file
and of record in the office of the County Recorder, Otter Tail
County, Minnesota.
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