HomeMy WebLinkAbout04-86 Jack C Williams - Stonewall District - Backfile---
COUNTY of FREDERICK
IDepartment of Planning and Development
Robert W. Watkins - Planning Director
703/665-5651
April 16, 1986
)Mr. Jack C. Williams
`> Route 8, Box 1114
`Winchester, Virginia 22601
Dear;Mr. Williams:)
This letter is to .confirm -the Frederick County Board of Zoning Appeals' action at
their meeting of(April 15, 1946,:
Approval of Variance Application:;IP-004-86 of Jack C. Williams for a 5' variance
for a two -stall horse barn on Route 734 in the Spring Valley Subdivision in the
Stonewall Magisterial District.,,')
If you have any questions regarding this variance, please do not hesitate to call
this office.
Sincerely,
Robert W. Watkins
Planning Director
RWW/dkg
0
9 Court Snuare - P.O. Box 601 - Winchester, Virginia - 22601
0U-(-- s'6 ").
VARIANCE #004-86
Jack C. Williams
LOCATION - Take Route 522 North of Winchester, turn right on Route 739 (Apple Pie
Ridge) go 1/4 mile to second driveway on left (old Milt Williams farm - now Spring
Valley Subdivision) laying north of Route 37 between Routes 522 North and Route 11
North.
MAGISTERIAL DISTRICT - Stonewall
TAX MAP & PARCEL NUMBER - Tax Map 42, Parcel 198A
LAND USE & ZONING - Residential Land Use, and A-2 (Agricultural General) Zoning
PROPOSED USE & IMPROVEMENTS - A two -stall horse barn
VARIANCE - 5' variance
REASON FOR VARIANCE - 1) To conceal the barn from public view. 2) To not detract
from appearance of Plot #2. 3) Building restrictions on Plot 2 makes construction
of out buildings cost prohibitive. 4) Only practical location of barn on Plot 1
adjacent to plot 2 is obstructed by very large limestone rock breaks. By moving
barn 5' closer to the property line of Plot 2, rock breaks can be missed, greatly
reducing construction costs and making barn site available to water and
electricity.
BACKGROUND INFORMATION - The applicant wishes to construct a 26' X 30' detached
accessory structure (horse barn) 10' from the property line. The A-2
(Agricultural General) Zoning District regulations require that such structures be
15' from the property lines. Therefore, a �5' variance is,required.
STAFF COMMENT - No comment. However, an approved building permit is required
prior to construction.
ooy_�6-3
APPLICATION FOR VARIANCE
IN THE
COUNTY OF FREDERICK, VIRGINIA
Variance Application No. q-- E)
Application Date Z - __'!� -��
Fee Paid
Submittal Deadline is
For the Meeting of
1. The applicant is the (owner) (other) (check one)
2. NAME: JA- ,_,< C- OCCUPANT: ( If other than applicant)
ADDRESS: 1 T e Qdk ///,v NAME:
w/NcHEsTc�'R , V/R4/N/A ADDRESS:
TELEPHONE: 66 7-TELEPHONE:
3. The property is located at (please give exact directions)
]'/A/<tC R T • 5;2 9 VV R T// 0, Tvq,v R14 # r o4e 47' 731' CAP`YEP/L-' R10
4o,fily' M/LG - T&RN R/4N7- oA/ 'IJ'q - CEO %y /" 1/L4- To 2- MD piQiVE wAY UN LL•FT
OLD /1/L7 h//LL/gMSF4R/i -N_01,/ SPR/,t/Ci VALLL-"Y J!/B-IJ/VlS/ON
LAY/,vKt N0R714 OP RTj7 B67-wL- A,1 fTs• s,22-.tl. ct- RT // v
4. The property has a frontage of 3qs-6/ feet and a depth of
feet and consists of I_ acres. (Please be exact)
5.
The property
deed from
on page S$<
is owned by
c• w/cL/� N,s
-ecorded in dee
as evidenced by
book no. (IS3
6. This property is designated as parcel no. (<754 on tax map no.
in the 41-LO4�/ Magisterial District.
7. Property Identification Number:_q"aoc0 A0-0 pooe> o000 014$4
8. The existing zoning of the property is: A'A
9. The existing use of the property is: I� S
10. The adjoining properties zoning is:
11. The adjoining properties land use is: f�?5- `i- A (L-r
12. Describe the variance sought in terms of distance and type. (For
example - A 3' rear yard variance for an attached two car garage.)
S -rff/< -A S fo07' VAR/A4, r- ZC 41Re?-E= 1/1'JES7-D4/E'
Rack _RMA/<S oR ASMA1-C 7wv JrAL4 yuRS e- 84J?A1 1./H/cN "CA cNS
A tit ACRE Z 0 T C Al-0RJff O4scy -Z ALso 0k--,' 4,4AlD /s /.v
Two P�uTs-QaTN of wy/GN Z' uwN -
13. List specific reasons) why the variance is being sought in terms
of:
- exceptional narrowness, shallowness, size, or shape of a specific
piece of property, or
- exceptional topographic conditions or other extraordinary
situation or condition of such piece of property, or
- the use or development of property immediately adjacent thereto
!/SE of PRaPFRTY ADJAC--4,7-- PAsTuRl CvR ye4sfS
I W/SH TD P&7 . ,4RA1 o,V 0407-=1 -,q To Co.Vd=,qL 94Rti FRoM PUBt/G
V/Ew• 70N07-DZ-7RAcT FROM APP,,FfgMCF oa PZoT--Z4_,2
RZ--ST/R/o TIOV-• ON PL-T-= � /`9A/<4j' GONSr focr/oN O/z
C•oST f'iQo.�'/elT/V,6% C4 oANL}- P.Qgc77/c.4L Loc nT/oA/ of Q,4RAI uti OedT 1
A/0TAchtiT TO 0L0TIZ,Z /S 9i ✓ARY LAR qe7 L/MLr'JToN�-
,Roc /< /jRrA/<-r. By /"'uv�/N y 7W o'PRVR.0R7Y L-/.VE"
OL 0407'Zr2/ROC/< C,4N ?Z/47-4)- CIO IV
57-,fvG7-/oN CoST,Jcl/"19 G--%N6r 9-4R/V.s/7.r AVAit- 4 464-6- 7 , WArE'R TR/Gti%'
?aae Two
Variance
14. The following are all of the individuals, firms, or corporations
owning property adjacent to both sides and rear and in front of
(across street from) the property for which the variance is being
sought. (Use additional pages if necessary). These people will be
notified by mail of this application:
NAME & ' 6Ch
1 ' 4e�2o�i�
�'�1 �'a� 5 •
� ��
Address:
� �aloa
Property
ID#:
�a p o 0 0► a O000 0
2.
Address:
)PIC VIP oZoZ6a/
Property
ID#
4a o 01 a O000 doo Ooo -
3. C�qQ s �--
�vA�s�
Address:
7{p l.'Rnx jQoc� o�(At7l
Property
ID#
4 000 Ol a
4. ige4oll s
Address:
x 7�
Property
ID#:
5. VA c u M M a,v wtA LTN
¢.'
TR-y.vPo,V7f}7'io.V
Address:
p o 0c X 1- 2 ,/ e3 S %f} �i�✓Tv �V 1/�
Property
ID#
6.
Address:
Property
ID#:
7.
Address:
Property
ID#:
8.
Address:
Property
ID#:
9.
Address:
Property
ID#:
.
Address:
Property
ID#:
15. Additional comments, if any
M
W
I (we), the undersigned, do hereby respectfully agree to comply
with any conditions required by the Board of Zoning Appeals of the
County of Frederick, Virginia, and authorize the members of the Board of
Zoning Appeals or a representative of the County to go upon the
property for the purpose of making site inspections. I/we hereby
depose and say that all of the above statements and the statements
contained in any exhibits transmitted are true.
Signature of Applicant: �-�^ G��=l�l iinc�� Date
Signature of Owner: `�� �� � Date��,-` J
For Office Use Only
BOARD OF ZONING APPEALS PUBLIC HEARING ACTION OF (date) �j`- /S -U
Approval Denial CHAIRMAN:
G
My-Y(-5-
Page Three
Variance
Please use this page for your sketch of the property. Show proposed
and/or existing structures on property, including measurements to all
property lines. Please include any other exhibits, drawings or photo-
graphs with this application.
FXoprAy1F ft V.
EXAMPLE
Adjoining Property
YOUR PROPERTY
AdjoiningProperty
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SUPPORT
BOOK M 2F19GE :a�:�
THIS DEED made and dated this - ',Q) day of
by and between JOSEPH M. WILLIAMS, JR. and GLADYS T. WILLIAMS, his
wife, HILDA W. REID, widow, and MABEL KATHERINE GRIM and LINDEN G.
GRIM, her husband, parties of the first part, hereinafter called
the Grantors, and JACK C. WILLIAMS and MARY M. WILLIAMS, his wife,
parties of the second part, hereinafter called the Grantees.
WITNESSETH: That for and in consideration of the sum of
Ten ($10.00) Dollars, cash in hand paid, and other good and
valuable consideration, the receipt of which is hereby acknowledge ,
the Grantors do hereby grant and convey with general warranty of
title unto the Grantees, in fee simple, jointly as tenants by the
entirety with right of survivorship as at common law, it being
intended that the part of the one first dying should then belong
to the other, his or her heirs or assigns, all of that certain
lot or parcel of land, together with the improvements thereon and
the improvements thereunto belonging, fronting on the Northern
Boundary Line of "The Frontage Road (extending Eastwardly from the
Apple Pie Ridge Road - RT. 739- just North of Rt. 37) AND the
Northern Boundary Line of a 40.0 Ft. R/W (Extending Eastwardly
from the said Frontage Road), lying and being situate .in Stonewall
District, Frederick County, Virginia, containing 5.00 Acres, and
more particularly described b plat and P Y y p survey of Lee A. Ebert,
C. L. S., dated June 22, 1973, attached hereto and by this
reference made a part hereof as if set out in full, and being a
portion of the same land devised to Melissa C. Williams and Joseph
M. Williams, Jr., Hilda W. Reid and Mabel Katherine Grim, by will
of Joseph M. Williams, dated February 18, 1952, and probated on
May 27, 1963, of record in the Office of the Clerk of the Circuit
Court of Frederick County, Virginia in Will Book 65 at Page 183,
MCKF.E AND BUTLER
ATTORNRTB AT X.AW and further being a portion of the same land which passed by
1VINCHBBTRR. VA. 22601
11 SOUTH CAMERON STREET intestate succession to Joseph M. Williams, Jr., Hilda W. Reid and
-1-
(&LI -St- j
8 AND BUTLER
RNHYO AT I.AW
USTUR. VA. 22(301
N C.A.fERON STREET
EiOilf; 1;1'i. =AJE 528
Mabel Katherine Grim upon the death of the said Melissa C. William
on February 11, 1964. Reference is made to the aforesaid plat and
will for a more particular description of the property herein
conveyed.
This conveyance is made subject to all easements, rights
of way and restrictions of record affecting the subject property.
The Grantors do hereby covenant that they have the right
to convey to the Grantees; that the Grantees shall have quiet and
peaceable possession of the said property, free from all liens and
encumbrances; and they will grant such further assurances of title
as may be requisite. I
WITNESS the following signatures and seals:
STATE, OF v RG
the State and
(SEAL)
OSE H M. WILLIAMS,cJR.
GLADDYS T! WILLIA4S
(SEAL)
(SEAL)
zILDA W. RLID
L.
e& �,'� �c�P�- , // I
MABEL KATHERINE GR �
(SEAL)
(SEAL)
L NDEN G. GGRIM
TQIWIT:
, a Notary Public in and for
aforesaid, do hereby certify that JOSEP
K. WILLIAMS, JR. and-t-LADYS T. WILLIAMS, p se names are signed
to the foregoing Deed, bearing date of
C_...� , 19
Ze6kledpersonallyappeared before me and g
nave ed the same in
ly State and G aforesaid.
Given un my hand this'�)3��day of 0z" l , 19
T777
T_
My Commission expires
4TARY
YUB IC �
. •_�. C); 0
Q
SA
MCI{ES AND BUTLER
ATTORNRYB AT LAW
WxmcmzsTFR. VA. 22601
11 SOUTH CAMERON STREET
STATE OF VIRGINIAy
600K 4J 2 r"AG. 529
�- 0 — T:
C/- I. ` �f C a Notary Public in and
for the State and �; aforesaid, do hereby certify that
HIL A W. REID, whose n is signed to the foregoing Deed, dated
1973, has personally appeared before me and
dck ledged the same in my State and aforesaid.
Given under my hand this day o -.'G- 1973.
My Commission expires
.. w
STATE OF VIRGINIA
v'�C OF
the State
1a�e,I)� � I
TARY PUBtJC
a Notary Public in and for
aforesaid, do hereby certify that MABEL
KATHERINE GRIM and LINDEN G. GRIM,
foregoing Deed, bearing date of
,411y appeared before me and acknowl
aforesaid.
�Ij Given under my hand this
My Commission expires
se names are signed to the
�� 19 have persc
1
ed the same in my State and
day of
NOTARY PUB I
-3-
J
L1 z
F4
�\�
�r
fir.
•''��,�,.`��
ill lili�`.1Y��.•
1
JACK C. WILLIAMS, e ,
VIRGINIA �
0,1j"I }
NI3 S
produ m to me on tray
an with eriificat° f ac'
thereto ms ac4 ;i'r-f r �Z:. u tv r i Cl ,
R£COU,J BOOK. —
PAGE
'TcKEE AND
ATTORNEYS AT L..1.Y+ -
WI.\C'HE8TER,VlRCIItiih
11 souTil
BMB:smb
1-13-76
0157H
4,53 FAU 5S 5
THIS DEED OF CORRECTION, made and dated this 12th
day of January, 1976, by and between JOSEPH M. WILLIAMS, JR.
and GLADYS T. WILLIAMS, his wife, HILDA W. REID, widow, and
MABEL KATHERINE GRIM (being one and the same as Mabel W. Grim)
and LINDEN G. GRIM, her husband, and JACK C. WILLIAMS and MARY
M. WILLIAMS, his wife, and JOHN M. WILLIAMS and BARBARA Y.
WILLIAMS, his wife, and GILBERT T. WILLIAMS, single, parties
of the first part, hereinafter called the Grantors, and JACK
C. WILLIAMS and MARY M. WILLIAMS, his wife, parties of the second
part, hereinafter called the Grantees.
WHEREAS, by Deed dated July 3, 1973, of record in
the Clerk's Office of the Circuit Court of Frederick County,
Virginia, in Deed Book 412, at Page 527, Joseph M. Williams,
Jr., et al attempted to convey certain property described therein
to the parties of the second part; and,
WHEREAS, certain owners of the said property attempted
to be conveyed therein were inadvertently omitted; and,
WHEREAS, it is the desire of the parties hereto to
correct said error.
NOW, THEREFORE, in consideration of the sum of Ten
Dollars, ($10.00), cash in hand paid, and other good and valuable
consideration, the receipt of which is hereby acknowledged,
the Grantors do hereby grant and convey with general warranty
of title unto the Grantees, in fee simple, jointly as tenants
by the entirety with right of survivorship as at common law,
it being intended that the part of the one first dying should
then belong to the other, his or her heirs or assigns, all of
that certain lot or parcel of land, together with the improvement
thereon and the appurtenances thereunto belonging, fronting
MCKEE AND BUTLER
on the Northern Boundary Line of "The Frontage Road (extending
ATTORNEYS AT LAW
WINCHESTER. VA. 22601
I YOUTH CAMERON STREET
Eastwardly from the Apple Pie Ridge Road - RT. 739 - just North
1�.
MCKEE AND BUTLER
AITORNEY6 AT LAW
WLNCIIESTER. VA. 22601
11 SOUTH CAMERON STREET
00 ;K 453 F,��E 5IS, 5
of Rt. 37) and the Northern Boundary Line of a 40.0 Ft. R/W
(Extending Eastwardly from the said Frontage Road), lying and
being situate in Stonewall Magisterial District, Frederick County
Virginia, containing 5.00 Acres, and more particularly described
by plat and survey of Lee A. Ebert, C. L. S., dated June 22,
1973, of record in the aforesaid Clerk's Office in Deed Book
412, at Page 530, and being a portion of the same land devised
to Melissa C. Williams and Joseph M. Williams, Jr., Hilda W.
Reid. and Mabel Katherine Grim; by Will of Joseph M. Williams,
dated February 18, 1952, and probated on May 27, 1963, of record
in the Office of the Clerk of the Circuit Court of Frederick
County, Virginia, in Will Book 65, at Page 183, and further
being a portion of the same land which passed by intestate succes:
to Joseph M. Williams, Jr., Hilda W. Reid and Mabel Katherine
Grim upon the death of the said Melissa C. Williams on February
11, 1964; and further being a portion of the same land which
the said Mabel W. Grim, et vir, conveyed a life estate to Joseph
M. Williams, Jr. and Hilda W. Reid, with remainder interest
to John M. Williams, Jack C. Williams and Gilbert T. Williams,
by deed dated May 20, 1971, of record in the aforesaid Clerk's
Office in Deed Book 376, at Page 507, and further being a portion
of the sane property that the said Hilda W. Reid conveyed a life
estate to Joseph M. Williams, Jr. and Mabel W. Grim, with remaind
interest to John M. Williams, Jack C. Williams and Gilbert T.
Williams, by deed dated June 17, 1971, of record in the aforesaid
Clerk's Office in Deed Book 377, at Page 592. Reference is
made to the aforesaid plat, will and deeds for a more particular
description of the property herein conveyed.
This conveyance is made subject to all easements,
rights of way and restriction of record affecting the subject
property.
-2-
3io
�r
0ool-y6-i b
MCKEE AND BUTLER
ATTORNRT9 AT LAN
W1NCx1C8TRR. VA. 22601
11 SOUTH CAMERON STREET
nox 453 PALE 5'5' 7
The Grantors do hereby covenant that they have the
right to convey to the Grantees; that the Grantees shall have
quiet and peaceable possession of the said property, free from
all liens and encumbrances; and they will grant such further
assurances of title as may be requisite.
WITNESS the following signatures and seals:
AMA
'(SEAL)
M. WILLIAMS, JR.-
f f �Ctiyt.J (SEAL)
GLAPY/ IT. WI ILL AMS
—(SEAL)
HILDA W. REID
MABEL KATHERINE GRIM,
(SEAL)
LINDEN G. GRIM
(SEAL)
K C. WILL AMS
` %4 //�� �I
/lft l/ I�/!%S (SEAL)
MARY i.'WILLIAMS
?1 �'�
7t _ J . �L> ..�7 ( SEAL)
(SEAL)
"BARBARA Y. W� LIAMS
(SEAL)
GILBERT T. WILLIAMS
STATE OF VIRGINIA,
OF , ,
to -wit:
I a Notary Public in
for the State and C ,� aforesaid, do hereby certify that
JOSEPH M. WILLIAMS, JR. an GLADYS T. WILLIAMS, his wife, HILDA
W. REID, widow, and MABEL KATHERINE GRIM and LINDEN G. GRIM, her
husband, and JACK C. WILLIAMS and MARY M. WILLIAMS, his wife, and
JOHN M. WILLIAMS and BARBARA Y. WILLIAMS, his wife, and GILBERT
T. WILLIAMS, whose names are signed to the foregoing Deed of
-3-
MCKEE AND BUTLER
ATTORNETR AT LAW
WINCHERTER. VA. 228e1
11 SOUTH CAMERON STREET
Correction, bearing date of January 12, 1976, have personally
appeared before me and acknowledged the same in my State and
,� aforesaid.
Given under my hand this /2C1 day of ,
1976.
My commission expires J�
NO ARY PUBLI
;41 P.' •', ; RCDf'RICK COUNTY, SCT.
l h s in:, rui lent of wri;int a•as produced to me on the
day
1SQ ..._. of C
t eJ�.1....t..:.:.1.. and with certificate of acknowledgment therpt annexed was itCed ,
-4-
Clerk.
'�,�
�-�.
t,�S
.> .
�`
�
.�
-i
,J
<.�
.
0 0(4 - g(o f
F9
ANDERSON. LARRICK
& LARRICK
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
IK588Pc238
THIS DEED made and dated this
8 d day of January,
1985, by and between MARSHALL MILLS, INCORPORATED, a Virginia
corporation, of the one part, hereinafter called the Grantor,
and JACK C. WILLIAMS and MARY M. WILLIAMS, his wife, of the other
mart, hereinafter called the Grantees.
WITNESSETH: That for and in consideration of the sum
of Ten ($10.00) Dollars, and other _good and valuable considera-
tion, the receipt of which is hereby acknowledged, the Grantor
does hereby grant and convey, with general warranty and English
covenants of title, unto the Grantees, jointly, as tenants by
the entirety, with the right of survivorship, as at common law,
all that certain lot or parcel of land, together with all rights,
rights of way and appurtenances thereto belonging, lying and
being situate in Stonewall Magisterial District, Frederick
County, Virginia, and more particularly described and designated
as Lot No. 1, containing 5.695 Acres, on that certain plat and
survey of J. R. Nicely, C.L.S., dated October 11, 1976, attached
to and made a part of that certain Final Plat, Section One,
Spring Valley Subdivision, dated November 24, 1976, of record in
the Clerk's Office of the Circuit Court of Frederick County, Vir-
ginia, in Deed Book 467, at Page 40, and by Corrected Deed of
Dedication dated May 19, 1977, recorded in said Clerk's Office in
Deed Book 474, at Page 400. This is a portion of the same
property conveyed to the Grantor herein by Deed of Joseph M.
Williams, Jr., et als, dated January 13, 1976, of record in the
aforesaid Clerk's Office in Deed Book 453, at Page 546.
ON 41- �
ANDERSON. LARRICK
& LARRICK
ATTORNEYS AT LAW
WINCHESTER. VIRGINIA
s S88PG239
This conveyance is made subject, however, to all
rights of way, easements and/or conditions of record, if any,
affecting the aforesaid realty.
WITNESS the following signature and seal:
MARSHALL MILLS, INCORPORATED
By: .1 (SEAL)
P. Darlington
President
STATE OF VIRGINIA, AT -LARGE,
ECOUNTY OF ������ , to -wit:
The foregoing instrument was acknowledged before me
Al
this day of January, 1985, by J. P. Darlington, President
of Marshall Mills, Incorporated, a Virginia corporation.
My commission expires
_4 -0i
Notar -Public
tics produced
915"-� me T.:is irstrkn:.ent of wziting t
/ a
d,;y cf tC c
v j:a
h �' of ackno ad meat thereto arms {9'
. W!, c �t.�� ar { d to record. Ta:,, LnPosryj py arc. �d-w � 1 of
and 5,�- have been paid, if a seEsabie
LJ
� Clem
- 2 -
f
A
COUNTY of FREDERICK
IDepartment of Planning and Development
Robert W. Watkins - Planning Director
703/665-5651
April 2, 1986
TO: THE APPLICANT(s) and/or ADJOINING PROPERTY OWNER(s)
RE: The application of Jack C. Williams
FOR: 5' variance for a two -stall horse barn on Route 734 in the Spring Valley
Subdivision
This variance request will be considered by the Frederick County Board of Zoning
Appeals at their meeting of April 15, 1986 at 3:30 p.m., in the Board of
Supervisors' Meeting Room, the Old Court House, 9 Court Square, Winchester,
Virginia.
Any interested parties having questions or wishing to speak, may attend this
meeting.
Sincerely,
Robert W. Watkins
Director
RWW/rsa
9 Court Square - P.O. Box 601 - Winchester, Virginia - 22601
C;G4-�6-�3
This is to certify the the attached correspondence was mailed to the following on
April 2, 1986 from the Department of Planning and Development, Frederick County,
Virginia:
WILLIAMS, JACK C-
RT, 8 bOX 1114
WINCHESTER, VA.
E MARY M.
226 1
LAKE, ROBERT W. C PEGGY K.
1210 CAROLINE STREET
WINCHESTER, VA. 22601
OUANSTR'OM, CARL R. L
NANCY J.
P. 0. 6OX 1909
WINCHESTER, VA.
22601
STATE OF VIRGINIA
COUNTY OF FREDERICK
MARSHALL MILLS, INC.
RT. 6 i3OX 173
AINCHESTER, VA.
Z«6u1
Jerry and Kathy Boyar
Route 5, Box 675 P•0, i3�c. 1�17
Winchester, Virginia 22601
Robert W. Watkins, Director
Frederick County Dept. of Planning
I, , a Notary Public in and for the state and
county aforesaid, do hereby certify that Robert W. Watkins, Director of the
Department of Planning and Development, whose name is signed to the foregoing,
dated , has personally appeared before me and
acknowledged the same in my state and county foresaid.
Given under my hand this
My commission expires on
day of
NOTARY PUBLIC
, 1986.