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HomeMy WebLinkAboutM-03-0118ITEM PZ 13 FIRST READING ZONING FACT SHEET Case Number: 2002-0613 16 -Dec -02 Item 2 Location: Approximately 536, 602-08, 690 NW 57 Avenue & 601, 605, 611, 631, 641 NW 57 Court Legal: (Complete legal description on file with Hearing Boards) Applicant: Ben Fernandez, Esquire, on behalf of Florida Union Land Corporation and Sime Corporation 200 South Biscayne Boulevard #850 Miami, FL 33131 (305) 377-6235 Zoning: C-2 Liberal Commercial R-1 Single -Family Residential Request: Change of Zoning as listed in Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations from C-2 Liberal Commercial and R-1 Single -Family Residential to C-1 Restricted Commercial. Purpose: This will allow a unified commercial development site. Recommendations: Planning & Zoning Dept.: Recommended denial. Public Works: No comments. Plat and Street Committee: N/A. Dade County No comments. Enforcement History, If any Case No: Found Violation(s) Ticketing Action: Daily $0.00 Affidavit Non -Compliance Issued Warning Letter sent Total Fines to $0.00 Lien Recorded CEB Action: History: Analysis: See supporting documentation. Zoning Board Resolution ZB 2002-0651 Zoning Board: Recommended denial to City Commission. City Commission: N/A. Last Hearing Comply Order Vote: 4-2 03- 118 xv-n; e.v ay ANALYSIS FOR ZONING CHANGE Approximately 536, 602-6089 690 NW 57th Ave. & 6019 6059 6119 631, 641 NW 57th Court CASE NO: 2002-0613 Pursuant to Article 4, Section 401 and Article 22 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, the subject proposal for an amendment to the Zoning Atlas has been reviewed as follows: The request is to change the Zoning designation as follows: Ten (10) lots at the west half of the block bounded by NW 5th and 6th Streets be- tween NW 57th Ave. and 57th Ct. (complete legal description on file with the Office of Hearing Boards), from C-2 "Liberal Commercial' and R-1 "Single -Family Resi- dential to C-1 "Restricted Commercial'. The following findings have been made: • It is found that the current designation of the east part of the subject property is C-2 "Liberal Commercial". • It is found that a change to C-1 "Restricted Commercial" could be a logical extension of the designation immediately north and it is also found that the change could be beneficial to the area in providing development of commercial activities that serve the daily retailing and service needs of the public especially if it is located along 57th Avenue, a major arterial roadway. • It is found that the current designation of the west part of the subject property is R-1 "Single Family Residential" and is facing NW 57th Court. It is found that the character of NW 57`h Court is residential. • It is found that a change in the designation will represent a commercial intrusion into a stable residential neighborhood. Based on these findings, the Planning and Zoning Department is recommending denial of the application as presented. 03- 118 ANALYSIS FOR ZONING CHANGE Yes No N/A ❑ ❑� ❑ ❑ 0 ❑ ❑ o ❑ ❑ W/ ❑ ❑ C ❑ W ❑ ❑ W1 ❑ ❑ o ❑ ❑ ❑ EVI ❑ ❑ D ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ ❑ CASE NO. 2002-0613 In harmony with Comp. Plan; does not require amendment. In harmony with established land use. Is related to adjacent and nearby districts. Is within scale with needs of neighborhood or City. Maintains similar population density pattern. Existing district boundaries are illogically drawn. Changes or changing conditions that make change necessary. Positively influences living conditions in neighborhood. Has similar impact on traffic; does not affect public safety. Has similar impact on drainage. Has similar impact on light and air to adjacent areas. Has similar impact on property values in adjacent areas. Contributes to improvement or development of adjacent property. Conveys same treatment as to owners within same classification. Property is unfairly limited under existing zoning. Difficult to find other adequate sites in surrounding area. 03- 118 .•11 � aryl = til = i,/.-,'• '��� *-�LLUl!/ ` - Y 1 M► TS �r- MIAMI CITY 6= 0 i TRACA It -3 3 AF PLAZA BLUE IRL CENTRE I i ?,• $ L SOS- GOVT OR EXCFSS LOT 1ACT la FIRST ADD1 S E V E HUMBLE 7, •$13 sue17 3 19 20 21 xz 2: . = 3 1f. to 7. 7R.Cr= _ GARDEN H0A _ 7 S-- o's o�p1 s s L L x Ls 2 x9 2 2s c 1 �!� �� p• P f a S La 3 21 3 2t ? 120 k Q W L) • 27 • 27 sf :2s7 V N �� za 29 a to V I l-0 -3 � ��� �OO A•(tti�• 00 0 p.'D • T. 21 I 7 9 2• 7 g :• t 16 2♦ 9 23 a 23 1 a xa aN.W. 6T. T' 2 f f 9 222 9 22 9 22• (J,j N 3. 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Miami Zoning Board Resolution No.: 2002-0651 Monday, December 16, 2002 Mr. Allan Shulman offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN ORDINANCE NO. 11000, THE ZONING BOARD RECOMMENDED DENIAL TO THE CITY COMMISSION OF THE CHANGE OF ZONING IN THE OFFICIAL ZONING ATLAS OF ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, PAGE 30, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, FROM C-2 LIBERAL COMMERCIAL AND R-1 SINGLE FAMILY RESIDENTIAL FOR THE PROPERTIES LOCATED AT APPROXIMATELY 536, 602-08, 690 NORTHWEST 57TH AVENUE, 601, 605, 611, 631 AND 641 NORTHWEST 57TH COURT, LEGALLY DESCRIBED AS THE NORTH 1/2 OF LOT 23, ALL OF LOTS 24 AND 25, LESS THE EAST SIX FEET OF ALL LOTS, BLOCK 17, WEST FLAGLER PARK (8-90), AND LOTS 1, 2, 3, 4, 5 AND 6, NORTH 20 FEET OF LOT 7, LOTS 26, 27, 28, 29 AND 30, BLOCK 17, WEST FLAGLER PARK (8-96), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED C-2 LIBERAL COMMERCIAL AND R-1 SINGLE FAMILY RESIDENTIAL. Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and adopted by the following vote: Mr. Fredric B. Burns Mr. Charles J. Flowers Mr. Joseph H. Ganguzza Mr. Charles A. Garavaglia Ms. Ileana Hemandez-Acosta Mr. Humberto J. Pellon Mr. Juvenal A. Pina Mr. Allan Shulman Mr. Angel Urquiola Mr. Georges Williams AYE: NAY: ABSTENTIONS: NO VOTES: ABSENT: Ms. Fernandez: Motion carries 4-2 Away Away No Yes Away No Yes Yes Away Yes 4 r Teresita L. Fernandez, Executive Ser ary Hearing Boards Case No. 2002-0613 Item NbrO 3 -- 118 ffiIBIT "A" N. W. 7th_ STREET uj 3 2a I Z W •4 2� I 5 26 W 26 2 2 Q c 24 .L 8 .900 21 22 IJ w 20 f2 19 I Z13 18 �2 14 17 V 15 16 p N.W. 6th STREET LOCATION MAP SCALE= 1" = 300' LEGAL DESCRIPTION: ALL OF LOTS 2,3,4,5 AND 6, TOGETHER WITH A PORTION OF LOTS 1,7,23,24,25,26,27,28,29 AND 30, BLOCK 17 OF "WEST FLAGLER PARK" ACCORDING TO THE PLAT THEREOF AS RECORDED IN PLAT BOOK 8 AT PAGE 96 OF THE PUBLIC RECORDS OF DADE COUNTY, FLORIDA, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGIN AT A POINT ON THE WEST LINE OF SAID BLOCK 17, SAID POINT LYING 20.00 FEET SOUTH OF THE NORTHWEST CORNER OF SAID LOT 7; THENCE NORTH 00'01'02" WEST ALONG SAID WEST LINE 235.79 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE TO THE SOUTHEAST; THENCE NORTHEASTERLY ALONG THE ARC OF SAID. CURVE HAVING A RADIUS OF 25.00 FEET THROUGH A CENTRAL ANGLE OF 36'30'27" AN ARC DISTANCE OF 15.93 FEET TO THE SOUTH RIGHT-OF-WAY LINE OF NORTHWEST 7TH STREET; THENCE NORTH 89'37'19" EAST 168.75 FEET TO THE POINT OF CURVATURE OF A CIRCULAR CURVE, CONCAVE TO THE SOUTHWEST; THENCE SOUTHEASTERLY ALONG. THE ARC OF SAID CURVE HAVING A RADIUS OF 50.00 FEET THROUGH A CENTRAL ANGLE OF 90'22'42" AN ARC DISTANCE OF 78.87 FEET TO THE WEST RIGHT-OF-WAY LINE OF NORTHWEST 57TH AVENUE AND THE POINT OF TANGENCY; THENCE SOUTH 00'00'01" EAST ALONG SAID WEST RIGHT-OF-WAY LINE 240.89 FEET TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF THE NORTH 20.00 FEET OF SAID LOT 23; THENCE SOUTH 89'46'20" WEST ALONG SAID SOUTH LINE 101.96 FEET TO THE WEST LINE OF SAID LOT 23 ;THENCE NORTH 00'00'32" WEST ALON.G SAID WEST LINE OF LOT 23 AND ALONG THE WEST LINE OF SAID LOT 24 FOR 40.00 FEET TO THE INTERSECTION WITH THE SOUTH LINE OF THE NORTH 20.00 FEET OF SAID LOT 7; THENCE SOUTH 89'46'20" WEST ALONG SAID SOUTH LINE OF !HE NORTH 20.00 FEET OF LOT 7 FOR 121.96 FEET TO THE POINT OF BEGINNING. SAID LANDS CONTAINING 59,704 SQUARE FEET (1.3706 ACRES). 03- Its 3- 118 Sent By: Bercow & .Radell; 305 377 8228; Nov -8-02 1:47PM; Page 2/2 PLANNING AND ZONING DEPARTMENT HEARING BOARDS DIVISION 444 SW 2"0 Avenue, r Floor • Miami, Florida 33130 Telephone 305-416-1480 • Fax 305416-2035 APPLICATION FOR AMENDMENT TO ZONING ATLAS AND/OR OVERLAY DISTRICT ANY PERSON WHO RECEIVES COMPENSATION, REMUNERATION OR EXPENSES FOR CONDUCTING LOBBYING ACTIVITIES TO REGISTER AS A LOBBYIST WITH THE CITY CLERK, PRIOR TO ENGAGING IN LOBBYING ACTIVITIES BEFORE CITY STAFF, BOARDS, COMMITTEES AND THE CITY COMMISSION. A COPY OF SAID ORDINANCE IS AVAILABLE IN THE OFFICE OF THE CITY CLERK (MIAMI CITY HALL), LOCATED AT 3500 PAN AMERICAN DRIVE, MIAMI, FLORIDA, 33133. APPLICANTS ARE RESPONSIBLE. IF NEEDED, TO BRING AN INTERPRETER FOR THE ENGLISH LANGUAGE TO ANY PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. POWER OF ATTORNEY WILL BE REQUIRED IF NEITHER APPLICANT OR LEGAL COUNSEL REPRESENTING THE APPLICANT EXECUTE THE APPLICATION OR DESIRE TO MAKE A PRESENTATION BEFORE CITY BOARDS, COMMITTEES AND THE CITY COMMISSION. THIS APPLICATION MUST BE TYPEWRITTEN AND SIGNED IN BLACK INK. IT WILL BE ACCEPTED BY THIS DIVISION ONLY THE FIRST SEVEN (7) DAYS OF THE MONTH FROM 8:00 AM UNTIL 3:30 PM. I, _._. , -.Ben Fernandez Esta., on behatf of the Owners Florida Union Land Com., and Sime Coryaration hereby apply to the City Commission of the City of Miami for an amendment to the Zoning Alas of the City of Miami as more particularly described herein and, in support of that request, furnish the following information (see Article 22 of the Zoning Ordinance): 1. Address of property: 690 NW 57 Avenue 602-08 NW 57 Avenue, 601 NW 57 Court. _536 NW 57 Avenue, 605 NW 57 Court, 641 NW 57 Court, 631 NW 57 Court, 611 NW 57 Court. 2. Folio number: 4001-003-2920, 01-4001-003-2921.01-4001-003-2922. 3. Two 11x17` original current surveys prepared by a State of Florida Registered Land Surveyor within six months from the date of application. 4. Affidavit and disclosure of ownership of subject property and disclosure of interest (see attached forms). 5. Certified list of owners of real estate within a 500 -foot radius of the outside boundary of the subject property (see pages 5 and 6). 6. At least two (2) photographs that show the entire property (land and improvements). 7. An 8 'A x11' copy of all exhibits that will be presented at the hearing shall be attached to this application. Rev. OW04 W 03- its 10. Other (specify and attach cover letters explaining why any document you are attaching is pertinent to this application). 11. Statement explaining why present zoning designation is inappropriate. The narrow string of C-2 lots along NW 57 h Avenue can not accommodate a neighborhood serving retail use, while providing a transition to the residential neighborhood to the west. 12. Statement as to why proposed zoning designation is appropriate. The proposed use is a neighborhood serving retail establishment. The downsizing of a portion of the property will be more compatible with the area. 13. Recorded warranty deed and tax forms of the most current year available that show the present owner(s) of the property. 14. Cost of processing according to the City Code: Change of zoning classification: CS, PR, R-1, R-2, per square foot of net lot area $ .15 Minimum $ 635.00 R-3, R-4, O, G/I, HP per square foot of net lot area $ .20 Minimum $ 750.00 C-1, C-2, I, per square foot of net lot area $ .25 Minimum $ 900.00 CBD and all SD's, per square foot of net lot area $ .30 Minimum $ 1,000.00 Public hearing and public meeting mail notice fees, including cost of handling and mailing per notice $ 3.50 15. What is the purpose of this zoning change? To accommodate a proposed Eckerd Drug store on the property. 16. Is the property within the boundaries of a historic site, historic district or archeological zone designated pursuant to Chapter 23 of the Miami City Code? No. 17. Is the property within the boundaries of an Environmental Preservation District designated pursuant to Chapter 17 of the Miami City Code? No. Signature -� Name a C.' C� S. Address 1-� SGGc.�►�e- 3,J� 3 3 t 31 Telephone 3 0 J -') "- L Z as - Rev. 06/04/02 2 03- 118 0V� -7( UM Date STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing in rument was acknowledged before me this day of a&W 9 g b who is sona ly k to m or w as produce j� as identification and who did (did not) take an oath. BETTY LLERENA MY COMMISSION # DD "W" (Stamp) EXPIRES: Februery 27.2006 1NO3 40TARY Fl Nary SvWc* & 8m*i , t_ STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this 20 , by corporation, on produced (Stamp) day of a behalf of the corporation. He/She is personally known to me or has as identification and who did (did not) take an oath. STATE OF FLORIDA COUNTY OF MIAMI-DADE Signature The foregoing instrument was acknowledged before me this 20 , by behalf of He/She is personally known to me or who has produced as identification and who did (did not) take an oath. (Stamp) Signature day of - partner (or agent) on a partnership. Rev. 06/04/02 3 3 — 118 AFFIDAVIT Before me, the undersigned authority, this day personally appeared Ben Fernandez, Egg., who being by me first deposes and says: 1. That he/she is the owner, or the,.leacyl r-p�esentativ of the owner, submitting the accompanying application for a public hearing as required by the Code of the City of Miami, Florida, affecting the real property located in the City of Miami, as described and listed on the foregoing pages of this affidavit and made a part thereof. 2. That all owners which he/she represents, if any, have given their full and complete permission for him/her to act in his/her behalf for the change or modification of a classification or regulation of zoning as set out in the accompanying petition, ❑ including responding to day to day staff inquires; ❑ not including responding to day to day staff inquiries in which case he/she should be contacted at 305-377-6235. 3. That the foregoing pages are made a part of this affidavit contain the current names, mailing addresses, telephone numbers and legal descriptions for the real property of which he/she is the owner or legal representative. 4. The facts as represented in the application and documents submitted in conjunction with this affidavit are true and correct. Further Affiant sayeth not. Applicant Name STATE OF FLORIDA COUNTY OF MIAMI-DADE C�' / / I---- plicant Signatdre The foregoing instrument was acknowledged before 2002, by Ben Fernandez, Esq. who is an individual 0rson produced as identifi7P/ an oath. (Stamp) =FL NA DO O9M7 27.2006 X.800,�.NOTARYBand% 1W. Rev. 12/0 (b*�Lday of October ✓n to r who has ho did (did not) take 0 1 1 S DISCLOSURE OF OWNERSHIP 1. Legal description and street address of subject real property: Sime Corporation, see attached Exhibit "A". Florida Union Land Corporation, see attached Exhibit "B". 2. Owner(s) of subject real property and percentage of ownership. Note: The Code of the City of Miami requires disclosure of all parties having a financial interest, either direct or indirect, in the subject matter of a presentation, request or petition to the City Commission. Accordingly, question #2 requires disclosure of shareholders of corporations, beneficiaries of trusts, and/or any other interested parties, together with their addresses and proportionate interest. Sime Corporation Florida Union Land Corporation Scott K. Sime 50% Ronald B. Picchi 33.33% Belinda S. Sims 50% Eugune Picci 33.33% Blaize Picci 33.33% 3. Legal description and street address of any real property (a) owned by any party listed in answer to question #2, and (b) located within 500 feet of the subject real property. Owner or Attorney for Owner Name Owner or Attorney'for Ov& Signature STATE OF FLORIDA COUNTY OF MIAMI-DADE The foregoing instrument was acknowledged before me this Iv;6bday of October 2002, by Ben Fernandez, Esq. who is an individual rsonally known to me r who has produced as identification and who d d not) take an oath. _ n (Stamp) BETrYLLERENA (Z MY COMMISSION # OO 00=7 EXPIRES: February 27.2006 t�NO'fARY rl Ho,.ry sen+ced D. Y�c. Rev. 12/05/01 03- 118 EX IBIT The North 1/2 of. Lot 2 all Qf Lola 24 and 25, less the East 6' of all Lora, Block 17, of WEST FLAGLER PARK, oQording to the Plat thgreof, reoordacl in Plat SoQk 8, Page 80, of tho Publ!o Ftocords of D db �ounty. Florlds. 03- 3r 118 EX BIT a S Legal Description: Lots 1, 2, 3, 4, 5, 6, North 20 feet of Lot 7, Lots 26, 27, 28, 29, and 30,?�-K 1 ' West Flagler Park Subdivision, according to the Plat thereof recorded in Plat Book 8, Page 96 of the Public Records of Dade County, Florida. 03- 118 by w .q,.M.,'c' bULUr! U J:)J `. Nunar Jyshard.t, am", , I Addntr tlfNnbarQ, TNUID Homan. t 1potl. nean & Ouonral, r 19af arlsr0 Aveu - . Warm, Amda 03f 1-tfaal j (SPe" ►sssrved ler C*lc or Courrl Property APP raleer I0 Pa oel 938.402-32 1993 AUG 13 15;12 I.D. 0 VXSTF;a 1016. UO SURTX ir2sl,ia HAmy rrsvl%, CLERK DADS COUNTY, FL WARRANTY DEED THIS DEED Is made aj of lite t, day of August,.. Ste, between SANDRA l?, lN, a married woman (the ranfor'•) tivhose address b --IT 11Y L 'c' • t GQ � T.P /2-i1. �'� l�'1I'�'6�� and S.K. 81M1? CORA,• III �loffdajeorlloratlon (lhe'OtintOs' uuftoae taxpayer ideMMl(llcatlon number Is and wtwso addreiss.la•608 Luenga Avenue, Coral Gabtee, Florida 33148. WITNE339TH: GRANTOR, In ocn4ld0a Ion of Ton (s1o.00) Dollars and other flood and valuable considerr►tion pard by Grantee, the receipt and stilllc ency of which are hMby acknowledged. has granted. bargained and sold. and by :hese presents does grand bar and sell, to Grantee, and Grantee's heirs, nuccessors and assigns raravor, the following property loI to. In Dade County, Florida (the `Property"), to-wit: T,ha North 1J2 of Lot ft all pf Lot$ 24 and 25, lass the East 6' or all Lors. Block 17, of WEST FWGLER PARK, I t000rdling to the Mat thereof, recorded In Plot Book 8. Page so, of the Public Records of Do id* 9*nty, Florida. 9liBJLCT -M: 1. Taxes and fleas sr Onts for the year 1403 and subsequent years, 2. All laws, ordlnan ici, regulations, restrictions, prghlbitlons and other requirements Imposed by governments sojority, 3 Easements, rest lotions and res0rvallons of record, Without the Intention of reimposing same. NAVP AND TO H yntc arontoo and Grantee's hairs, successors and assl(Ina In lea almpia aRANTOR 'raroby wam ntp the title to the Property and WIN defend the same aflsinat the lawful n me of all persons whonesoev . Q RANTOR reprosonts walra+rte that the Property Is not now nor has D ever boon the homestead nr GrantQ: nor Is the Property cc pllbus to tiro homestead of Grantor. IN WITNESS WHUREOF Gish, tar furs executed this Dead as of the day and year first above written. :1>isd seated and delivered In rho prosenos of: �r►�ma: M Nieto: SANDRA E. DAMN 3lhap L, rli _._ ,, �r AddreaB: NatrN• �a�o cg, 3= .y J 6 h ; STATE OFIMMS- za(, ) ° 99: / CNTY 0:10M' C—) OUv is The. foregoing Instruman was.aoknowledged before me this A "flay ol_Ad S . isaii3. by i BANORA E. The. She is pen Dr4ity known to nre or has produced 0-j"ji „ as IdentIfiaallon i and did take anoaah. 111111k�i CLAS t{ i euewroa c Publlo, &ate oF&WP –=1- f No ►S ,+ Na My Commission gxplros. INotarlal 80011 " QFF1CrAL SEAL ?4 i JANE SCARAVILL) f� NOTAPY PUBI. C. STATE OF tk MY COMMISSION EXPIRE VVI �..Z '39tld 8b91698t'ON Sitbi ¢>dri Illi ��oef:t er; iipso ':law„� •i P,o'I 03- .1 � ., Sent By: Bercow & Radell; 305 377 6226; Oct -23 6:00PM; Page 2/2 /2M Tl", 11:47 PM TO: FL-' :O92-16617202-1OC27447-1. Q 33613966774 Pagel 003-030 01 1 FL -02-166172-1 10i02/2002 11:41143pm +' Iwo iaeiil.01 aemmma— wur OLM caw ceatr kw„ MM�./Yr�l rwy.�Yrr W w�MU a� VY �1Rg PZCCRr. 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A.C. u 03 LAMA KOMI, a aingla wemlRn. 1326 3outbeast 3rd Ave., Fort Lswder 1lrx W* to dal•, rlovide, 90010 19.0910! iR11CR 140 COAPORATIC;I, a 7lorlds aaryosetton, alma901[t9fafeddrena 11107 VOCCIser Late, Soca Retft, yL 33485 MLred pa+fE: 1r.�r - rf.+wnw:.�r� w �r �Illte/utEi 79at lAf ford jtfar Pmtf, Jb. ase b a a/ lite roll oft 0 .o0 0Gy� • e1ALwd9rit6lvrpidfMatlperd tAanesg►ivdtengrieirl6treaeio,.lL si,troee Ar ranhe,lvlfeueed 0aftwitlao4/tAelLtid/sraaaddpaCrA^Mw+:alltl%eri^tliLkk*a4own Oddess"iLdieirJ ard,pw POO iU k Osd tO thfAQeWkr *M4kd god, pf"O OF$" #Matte, 4W6 4" O„d inky d rile Cleat, of DADS , atsa of noRnA . to4t. 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