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AGENDA
FREDERICK COUNTY BOARD OF ZONING APPEALS
The Board Room
Frederick County Administration Building
107 N. Kent Street
Winchester, Virginia
December 18, 2001
3:25 p.m. CALL TO ORDER
Note: The minutes for the November 20, 2001 meeting will he included in the next meeting's
agenda.
PUBLIC HEARING
1) Variance #21-01, Fairfield Inn & Suites, submitted for a 40' distance buffer variance to
the Category A buffer requirements. This property is located on the north side of the
intersection of Front Royal Pike (Route 522) and Costello Drive (Route 1367), and is
identified with Property Identification Numbers 6413-1-4 and 6413-1-5 in the Shawnee
Magisterial District.
2) Other
•
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BZA REVIEW DATE: 12/18/01
VARIANCE #21-01
FAIRFIELD INN & SUITES
LOCATION: This lot is located on the north side of the intersection of Front Royal Pike (Route 522)
and Costello Drive (Route 1367).
MAGISTERIAL DISTRICT: Shawnee
PROPERTY ID NUMBER: 64B-1-4 and 64B-1-5
PROPERTY ZONING & USE: Zoned B2 (Business General) District; Land use - Vacant
ADJOINING PROPERTY ZONING & USE: Zoned B2 (Business General) District and B3
(Industrial Transition); Land use - Commercial and Residential
VARIANCE: The applicant is requesting a 40' distance buffer variance to the Category A buffer
requirements.
REASON FOR VARIANCE: See 412 and #13 on Page 2 of the application.
STAFF COMMENTS:
The subject properties (lot consolidation pending) are intended to be developed into a hotel facility.
The adjoining properties are zoned B2 with one exception. One of the adjoining properties on the
eastern side is zoned B3. Chapter 165-37D specifies the zoning district buffers. It states that:
"Buffers shall be placed on land to be developed when it adjoins land in certain different zoning
districts." Subsequent tables illustrate the requirements for a property zoned B2, proposed for
development when it adjoins property previously developed, zoned B3. The requirements are for a
provision of a Category A buffer. The Category A buffer allows for no landscape screening with a
50' distance buffer required. Please refer to Exhibit "A" for the illustration of the buffer requirement.
Half (25') of the distance buffer may be used for active functions such as a parking lot. The remaining
half is required to be an inactive use such as open space. The only applicable setback for this property
is 50' for the front. The sides and rear have no setback requirements.
Variance #21-01,Fairfield Inn & Suites
Page 2
December 10, 2001
Exhibit "B" is a copy of the proposed site plan that has been submitted for review by Staff. The
applicant has indicated that the placement of the building is restricted by the irregular shape of the
parcel and the anticipated stormwater management requirements related to the adjoining stormwater
management facility. The concern regarding fire protection is alleviated by the approval of the
submitted site plan by the Fire Marshall. A copy of the approval is included with this agenda. Should
the variance be granted, the applicant is proposing to establish a 10' landscape screening buffer in
place of the 50' distance buffer as indicated on Exhibit "A."
STAFF CONCLUSION:
The Code of Virginia, Section 15.2-2309(2), states that no variance shall be authorized by the board
unless it finds that: a) strict application of the Ordinance would produce an undue hardship
approaching confiscation; b) that such hardship is not shared generally by other properties in the same
zoning district and the same vicinity, and; c) that the authorization of such variance will not be of
substantial detriment to adjacent property, and that the character of the district will not be changed by
the granting of the variance.
The adjoining property, Southern Fasteners, zoned. B3, should not be negatively impacted by the
reduced distance buffer nor should the proposed hotel facility be negatively impacted by the reduced
proximity to Southern Fasteners. The zoning district buffer between the subject property and the
property zoned B3, could be determined to place an undue hardship upon the applicant's capability
to develop the property. A practical hardship may exist due to the on-site storm water management
requirements and the adjoining storm water facility. The other practical hardship may also exist due
to the irregular shape of the property. However, all properties proposed to be developed in the County
must recognize the zoning district buffers and other allowed potential uses on the applicant's property
may not require the waiver being currently considered. After consideration of the merits of the
request, the granting of this waiver would be justified.
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Request For Site Plan Comments
Frederick County Fire Marshal
Mail to:
Frederick County Fire Marshal
Attn: Fire Marshall_
107 North Kent Street
Winchester, VA 22601
(540) 665-6350
Hand deliver to:
107 N. Kent Street
First Floor
Winchester, VA
(540) 665-6350
Please fill out the information as accurately as possible in order to assist the agency with
their review. Please attach two (2) copies of the site plan with this sheet.
Applicants Name: _ Greenway En ' eering
Address: 151 Windy -Hill Lane Winchester, VA 22602
Phone Number: (5401662-4185
Name of development and/or description of the request: Fairfield Inn & Suites
Location of property: 1000'south of Millwood Pike/Front Royal Pike intersection
Fire Marshall's Comments:
FRE CE[V
NOV 3 0 2001
COUNTY OF FREDERICK, VIRGINIA
FIRE MARSHAL'S OFFICE
LAND DEVELOPMENT COMMENTS
Control No. SPOT -0059 Date Received 10/24/01 Date Reviewed 10/24/01
Applicant Greenway Engineering Plan Rev. Date:
Address 151 Windy Hill Lane
Winchester, Va. 22602
Project Name Fairfield Inns & Suites
Type of Application Site Plan
1st Due Fire Co. 21 1st Due Rescue Co. 2
Tax I.D. No. 64-14 & 5
RECOMMENDATIONS
1 Phone No. 540-662-4185
Current Zoning B-2 . -
Election District Shawnee
Automatic Sprinkler System XX Residential Sprinkler System
Automatic Fire Alarm System XX Other
REQUIREMENTS
Emergency Vehicle Access
Adequate XX Inadequate Not Identified
Fire Lanes Required Yes XX No
Comments : Fire Lane No Parking signage and markings required at all fire
hydrants and curbage not identified as parking.
Roadway/Aisleway Widths Adequate XX Inadequate Not Identified
Special hazards Noted Yes No XX
Comments
Hydrant Locations Adequate XX Inadequate Not Identified
Siamese Location Adequate XX Inadequate Not Identified
Additional Comments Attached? Yes No XX
Plan Approval Recommended? Yes XX No
RECEIVED Signature
NOV 3 0 2001
r"T IF IANINGIDFVELopDg
VAR ## 21-01
Location Map For:
Fairfield Inn & Suites
PIN:
64B -1- 4
64B -1- 5
Dept. of Planning and Development, 11/01, Affav
I
COUNTY of FREDERICK
Department of Planning and Development
540/665-5651
FAX: 540/665-6395
November 19, 2001
Greenway Engineering
Mr. Michael S. Stickley, P.E.
151 Windy Hill Lane
Winchester, Virginia 22602
RE: Addendum to Review Comments for Site Plan #50-01
Category A Buffer Requirements
Fairfield Inn & Suites: Proposed Hotel
Property Identification Numbers (PINS) 6411-1-4 and 64B-1-5
Dear Scott:
After further review of the proposed site plan, staff has determined that the Frederick County Zoning
Ordinance requires no less than a fifty -(50)- foot distance buffer between Lot 64B-1-4 and 64B-1-1 A
This must be divided into a twenty -five -(25)- foot inactive buffer and a twenty -five -(25) -foot active
buffer. Section 165-37D (1) of the Frederick County Zoning Ordinance does not allow a Category
A Buffer to be reduced with the installation of a full screen or a landscape screen.
Based on the requirements noted above, the proposed hotel location does not satisfy the requirements
of Section 165-37 D (1). In order to satisfy all buffer requirements, you must either provide a
distance buffer of fifty (50) feet or obtain approval of a variance from the Board of Zoning Appeals.
If the latter option is chosen, please consult with staff regarding the appropriate procedure for
applying for such a request.
Feel free to contact me, if you
Sincerely,
Je imy Franklin Camp
Planner II
any questions or concerns.
JFC/rsa
cc: Mark Smith, Greenway Engineering
U..'Uey'SltePlanReWew120011PatrfieldInn&Suiw14ddenduwCo eayMV50-0J-upd
107 North Kent Street • Winchester, Virginia 22601-5000
�� Lot 61
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
MUST BE TYPED OR FILLED OUT IN INK — PLEASE PRINT
1. The applicant is the owner X other. (Check one)
2. APPLICANT: OCCUPANT (if different)
NAME: Greenway Engineering NAME: Aikens Group(Contract Owner)
ADDRESS 151 Windy Hill Lane ADDRESS PO Box 2468
Winchester, VA 22602 Winchester, VA 22604
TELEPHONE 540-662-4185 TELEPHONE 540-667-3752
3. The property is located at (give exact directions and include State Route numbers):
North side of intersection of Front Royal Pike (US Route 522) and Costello Drive
Rt 1367
4. The property has a road frontage of 390 feet and a depth of 390 feet and consists of
2.01 acres. (please be exact)
5. The property is owned by Janet G. Ziviello (current owner)
as evidenced by deed from (previous owner) recorded
In deed book no. 764 on page 501 of the deed book of the Clerk of the Court for
Frederick County
Attach a copy of the deed
6. Magisterial District: Shawnee
7. 14 -Digit Property Identification No.: 64B -((1)L, 64B-((1))-5
8. The existing zoning of the property is: B2
9. The existing use of the property is: Vacant
Page 2 of 5
10. Adjoining Property: See attached Zoning Map
USE ZONING
North Commercial, Residential B2
East Ponding Area, Commercial B2
South Route 522 _
West Commercial, Residential B3, B2
11. Describe the variance sought in terms of distance and type. (For example: "A 3.5'
rear yard variance for an attached two car garage.")
A 40' distance buffer variance, Category A -No screen.
The applicant proposes to provide a landscape screening buffer of 10' in width and
to be in compliance with Section 165-37B.(1).
12. List specific reason(s) why the variance is being sought in terms of-
- exceptional narrowness, shallowness, size or shape of property, or
- exceptional topographic conditions or other extraordinary situational or condition of
property, or
the use or development of property immediately adjacent thereto
• All surrounding properties are zoned B2, except for the one existing B3 zoned
property as shown on the attached Zoning Map. The existing B3 zoned
property_ Southern Fasteners, was a B2 zone in the original rezoningof f this
area. In 1989 Southern Fasteners requested their property zone to be changed to
meet their specific need of operation. At that time, there were no buffering
standards within the Frederick County Zoning Ordinance.
• The existing Southern Fasteners building adjacent to this property to be
developed is of metal building construction with no door access or window
openings facing the subject property
• The unique configuration of the subject property to be developed is approaching
a triangular shape near the Southern Fasteners property and limits the ability of
this property to be developed.
13. Additional comments, if any
• See attached Buffering Exhibit
• See 2 review comment letters from Frederick Countv Planning Department
referring the Category A Buffering requirements. The first letter, dated
November 13, 2001 corresponds to the applicant's original interpretation of the
Category A Buffer being allowed the ability to provide a landscape easement.
The second letter, dated November 19, 2001, states that the original
interpretation was invalid and should have been a 50' distance buffer
requirement. After further discussion with the County and research on the
applicant's part we concur with the County's 50' distance buffer interpretation.
• We, as the applicant for the owner, hereby respectfully request approval of this
variance as stated above in Item 11.
Page 3 of 5
14. The following names and addresses are all of the individuals, firms, or corporations
owning property adjacent to the property for which the variance is being sought,
including properties
at the sides, rear and
in front of (across street from) the subject
property. (Use additional pages if necessary.) These people will be notified by Inau
of this application:
NAME
Sunnyside I LLC
Address 303 South Loudoun Street
Property ID#
64B-((1))-3
Winchester, VA 22601
NAME
GKII Partnership &
Address 160 Garber Lane
Building
Property ID#
64B -((1))-2D
Winchester, VA 22602
NAME
Gordon Enterprises,
Address 174 Garber Lane, Suite 3
LLC
Property ID#
64B -((1))-2C
Winchester, VA 22602
NAME
Southern Fasteners, Inc.
Address 182 Garber Lane
Property ID#
64B-((1))-lA
Winchester, VA 22602
NAME
Dr. James M. Schultz
Address 170 Garber Lane, Suite 12
Property ID#
64B -((1))-2B
Winchester, VA 22602
NAME
James A. Garber
Address 190 Garber Lane
Property ID#
64B -((A))-2
Winchester, VA 22602
NAME
Billy Au
Address 1705 Brandon Drive
Property ID#
64B -((A))-1
Winchester, VA 22601
NAME
Jerry L & Patricia B
Address 229 Garber Lane
Grimes
Property ID#
64 -((A)) -5B
Winchester, VA 22602
NAME
Marilyn J. Roane, et als
Address 241 Garber Lane
Property ID#
64 -((A)) -5C
Winchester, VA 22602
NAME
Commonwealth of
Address VDOT-
Virginia
14031 Old Valley Pike
Property ID#
64 -((A)) -4C
Edinburg, VA 22824
15. Provide a sketch of the property (you may use this page). Show proposed and/or
existing structures on the property, including measurements to all property lines and
to the nearest structure(s) on adjoining properties. Please include any other exhibits,
drawings or photographs with this application.
Page 4 of 5
AGREEMENT
VARIANCE #
I (we), the undersigned, do hereby respectfully make application, and petition the
Frederick County Board of Zoning Appeals (BAZ) to grant a variance to the terms of the
Frederick County Zoning Ordinance as described herein. I agree to comply with any
conditions for the variance required by the BZA.
I authorize the members of the BZA and Frederick County officials to go upon the
property for site inspection purposes.
I understand that the sign issued to me when this application is submitted must be
placed at the front property line at least seven (7) days prior to the BZA public hearing
and maintained so as to be visible from the road or right-of-way until the hearing.
I hereby certify that all of the statements and information contained herein are, to
the best ofmy knowledge, true
SIGNATURE OF APPLIC)
SIGNATURE OF OWNER
(if other than applicant)
-OFFICE USE ONLY
BZA PUBLIC HEARING OF %Z - /r-0 I ACTION-
DATE-
APPROVAL
CTION:DATE-
APPROVAL SIGNED:
BZA CHAIRMAN
Fj DENIAL DATE: /Z -JT 01
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j BK764PU050I
THIS DEED made and dated this /6 day of August, 1991,
by and between PATRICIA G. BIGGS, widow, party of the first part,
hereinafter referred to as the Grantor and JANET G. ZIVIELLO,
party of the second part, hereinafter referred to as the Grantee.
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WITNESSETH that for and in consideration of the sum of Ten
(510.00) Dollars, and other good and valuable consideration,
receipt of which is hereby acknowledged, the Grantor does hereby
grant and convey with general warranty of title, unto the Grantee
o: a two-thirds (2/3) undivided interest in that certain lot or
> parcel of land, together with all rights, rights of way and
jiappurtenances thereto belonging, lying and being situate 0.7
II mile South of the city of Winchester, in Shawnee Magisterial
s !` District, Frederick County, Virginia, set forth on a certain
I± plat made by H. Bruce Edens, Land Surveyor, dated August 12, 1991,'
I� attached hereto and made a part hereof. The aforesaid is the
same property conveyed to the Grantor and the Grantee from Eli A.
Garber and Alice J. Garber, his wife, by deed dated August 2,
t 1968, of record in the Office of the Clerk of the Circuit Court
I of Frederick County, Virginia, in Deed Book 345, at Page 706,
i to which deed reference is made for a firther description and
i derivation of title.
li The Grantor covenants that she has the right to convey the
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said property to the Grantee; that the Grantee shall have quiet
possession thereof, free from all liens and encumbrances; and
that the Grantor will execute such further assurances of title
as may be requisite.
WITNESS the following signature and seal this date first,
above written:
. h
I (SEAL)
_ PATRICIA .G. BIGGS
I� STATE OF VIRGINIA
i CITY/Et3ltTY AOF il'�1, •!:-` To -wit:
I /; ,�' �;, •,,.,� a Notary Public in and
for the State and jurisdiction aforesaid, do hereby certify that
PATRICIA G. BIGGS, whose name is signed to the foregoing writ-
ing, bearing the date of the f/.lr day of August, 1991, has
personally appeared before me and Acknowledged the same in my
State and jurisdiction aforesaid.
I My commission expires:
Given under my hand this- of August, 1991-
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A Ft7MVKJ OF THE LAMPS OF PFTeIGA G. BIGG6, ET Ac-
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AFcntxTM�rt' OF TRIISTEII
WHEREAS, by Trust Agreement dated May 27, 1964, of record in
Of the Clerk's Office of the Circuit court Of F_-eiorick County,
Virginia, in Deed Book 300, at page 192, Charles E. # and
Mori L. SiA88i.8,
his wife, appointed 0.. Lee GAEM, Julian F. r-ARBER
1 and Donald E. r.A$$E8, MULca= of said Trust; and
WHEREAS by Substitution of Trustee, dated January 16, 1984,
recorded in the aforesaid Clerk's Office in Deed Book 592, at Page
520, Patricia G. Biggs was appointed as Substitute Trustee to serve
in the place and stead of O. Lee Garber, who had died, and Alma
Bell Biggs (one and the ease person as Alma G. Biggs) vas.appointede
as Substitute Trustee to serve in the place and stead of Julian F.
M
_ vented with
> tute Trustees being
Garber, who had died, said Substi
" 61 1
4c S �' the powers set forth in said Trust Agreement and pursuant to the
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$ Nv leas of the Commonwealth of Virginia, and
e i 0— WHEREAS, at a joint sooting of the Beneficiaries of said Trust
$ Agreement and the Garber Ice Crean Company, Inc., on February 17,
1907, Donald E. Garber tendered his resignation as a trustee of
said Trust, which resignation was accepted by the Beneficiaries,
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D, and
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WHEREAS, certain Beneficiaries directed that Alae G. Biggs and
Patricia G. Biggs should serve as the sole remaining trustees of
said Trust, and
1
2
_.._.-.__BY, 909PC, 0453 - -- -
WHEREAS, the Granters of the Trust provided in said Trust that
there be three (3) Trustees, and
WHEREAS, the Trust provides that the Beneficiaries of the said
Trust shall have the right and power to appoint a Substitute
Trustee_or Trustees, and
WHEREAS, the Beneficiaries at present are: Zetta P. Garber,
Alma G. Biggs, Margaret Joan Garber, Mildred G. Magahs, Patricia G.
Biggs, Janet G. Ziviello, James Arch Garber, Richard M. Garber,
Michael S. Garber, Thomas G. Garber and Eli A. Garber, II, and
NHEREAS, it is the desire of the Beneficiaries to appoint
another Trustee so that the trustees shall number three.
MOM, THEREFORE WITNESSETH: That for and in consideration of
the sun of One Dollar ($1.00), and other valuable consideration,
the receipt of which is hereby acknowledged, the Beneficiaries of
that certain Trust Agreement recorded in the aforesaid Clerk's
Office in Deed Book 300, Page 192, do hereby appoint Margaret Joan
Garber as Trustee and that hereafter the Trustees of said Trust
shall be Patricia G. iliggs, Alma G. Biggs, and Margaret Joan
Garber, and that said Trustees shall be vested with the powers set
forth in said Trust Agreement and pursuant to the laws of the
Commonwealth of Virginia.
WITNESS the following signatures and seals of the
Beneficiaries of the aforesaid Trust Agreement:
2
(Seat. )
tta P. Farber
lftkz,nt of bef orf
Ox egaing
me this MCday at li4 J a Ir igge, by z t carbar.
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(;Jvm--under- my band -toy ofhis —A-06—
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0. LEE GAE�EEi 8'P ALTRS. •• p/
TO : • :: DEED
PATEICIA G. *BIGGS ET AL
DATE—
•
50ox 4V PACE 639
THIS DEED, made and dated this day of June,
1973, between 0. Lee Garber, Julian F. Garber and Donald E.
Garber, Trustees, under that certain Trust Agreement dated
May 279 1964, of record in the Clerk's Office of the Circuit
Court of Frederick County, Virginia, in Deed Book 300, Page 192
of Charles E. Garber, at ux, of the one part, hereinafter calls
the Grantors, and Patricia G. Biggs and Janet G. Ziviello,
of the other part, hereinafter called the Grantees.
WITNESSETH: That for and in consideration of the
sum of Ten ($10.00) Dollars, and other good and valuable con-
sideration, receipt whereof is hereby acknowledged, the Grantor,
do hereby grant and convey, with general warranty and English
covenants of title, unto the Grantees, in fee simple, all of
that certain tract or parcel of land lying and being situate
just East of Winchester in Shawnee Magisterial District,
Frederick County, Virginia, containing 2.479 acres, more
particularly described by metes and bounds in that certain
plat and survey dated May 23, 1973, attached hereto and as a
parr hereof. This is a portion of the same property conveyed
to said Trustees under said Trust Agreement pursuant to
Article IV, paragraph 1 (c) of said Trust Agreement.
This property is conveyed subject to all restrictions
easements and/or conditions of record, if any, affecting the
aforesaid realty.
WITNESS the following signatures and seals the date
first above written:
��JC.fi �L f1-�1.�'�Lf�SEAL
0. Lee Garber, Trustee
I-
• BOOK 412 PAGE S•10
J an Garber,��Trus''tte�ee''
� �.....�i17<r i _(SEAL)
Donald E. Barber, IYustee
STATE OF VIItGWIA,
OF to -wit:
a Notary Public
in and for the and State aforesaid, do hereby certify -
that 0. Lee Garber, Julian F. Garber and Donald E. Garber,
Trustees, whose names are signed to the foregoing instrument
bearing date of the day of June, 1973, have personally
appeared before me and acknowledged the same in my
aforesaid.
My commission expires `lijirrl. /9 7 (o
Given under my hand this ��"-day of Qrc...,, 1973.
-n/.� -71
Notary Public
641
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CPREMMIE LAMP AMW 1 -
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U S. AtavTE 522
The above plat represents a surrey of aportion of the
land conveyed to
0. Lee Garber, EtAI, by Trust Agreement dated 27 May 1964 and recorded in
1)eed Book 300 at Page 192 and ell of the land contained. in Lot 5 'Gerber's
Subdivision- conveyed to C. Lea Garber, EtAI, by dead doted 16 July 1969 and
recorded in Deed Book 358 at Page 690. The aforesaid deeds are recorded in
the Frederick County Court Clerks Office, Frederick County, virgin;,..
The acid load fronts the West boundary line of U.S. Route 522 in Shawnee -
ai■triet, Frederick "unty,.virginia and is bounded as followes -
Beginning at an iron pin sound, a corner to the federal Land Bank, Assn.
lot in the sold line of Route S22, thence with the said line of Rte, 522,
IS 46' II' 38' W -- 352,00' to an iron pin found at the corner of Lot 4; thence -
with Lot 4, N 43' 48' 22' W - 198.80• to an iron pin founds then" continuing
with Lot 4, N 71' 26. 47,.0 - 46.70' to the corner of Lot 4, lot 1, and the
James Garber lot; thence with Jwees Ceiba . i
r: K 01. 4i 54' C - 210.00' to the j
corner of of said Garber lot, Crimes lot, and the Retained Portions thence ! -
with the said Retained Portion, N 86' 07' 27' C
• -291.31• to an iron Piloifound � __
a corner to the Retained Portion, vlrginia IIs"@. Inc. land, and the Federal
Land Bank, Assn. lotj thence with . lino if the said Federal Land Dank. Assn.
lot, S 43° 49' 22' E - 200.00' to the beginning.
Containing . . . . . . . 2.479 Acres
Surveyed .. . . . . . . .. . .. 23 May 1973 pd� r�Oft�
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