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HomeMy WebLinkAboutExtension Request Letter & Supporting DocsTEW • CARDENAS LLP ATTORNEYS AT LAW MIAMI • TALLAHASSEE • WASHINGTON DC BOB DE LA FUENTE; WRITER'S DIRECT LINE: 305.536.8460 bdf@tewlaw.com June 23, 2009 VIA HAND DELIVERY Teresita Fernandez Chief, Hearing Boards Miami Riverside Center (MRC) 444 Southwest 2nd Avenue, 7th Floor Miami, Florida 33130 FOUR SEASONS TOWER 15TH FLOOR 1441 BRICKELL AVENUE MIAMI, FLORIDA 33131-3407 T 305.536.1112 F 305.536•.1116 WWW.TEWLAW.COM Re: SCHEDULING: REQUEST FOR EXTENSION OF TIME: Zoning Board Resolution 08-027, Affirmed by City Commission Resolution R-08-0468, July 24, 2008 Dear Ms. Fernandez: This law firm represents Alphatur NV ("Applicant"). On June 16, 2009, on behalf of the Applicant, we filed request a one year extension of time to obtain a building permit pursuant to the above -listed resolutions. We have concurrently filed an extension of time request pursuant to Senate Bill 360 (see attached). The City Attorney's Office has not yet determined the City's position on these requests. However, should we obtain the extension of time through Senate Bill 360, we will not require an extension of time from the Zoning Board. Accordingly, we ask that this request not be scheduled for hearing before the Zoning Board until the September, 2009 meeting while the interpretation of Senate Bill 360 is pending. Please contact us with any questions you may have. Thank you, Santiago D. E hen)6ndia Bob de la Fuente Enclosure cc: Alphatur NV Maria J. Chiaro, Esq. (via electronic mail, w/encl.) TEW ° CARDENAS LLP ATTORNEYS AT LAW MIAMI • TALLAHASSEE • WASHINGTON DO .ROB Dli LATUENTE RT1U! ER'S.DIRECf l INL: 305.536.8460 E' 1AIL: bd(WA: inw.com June 16, 2009 VIA HAND DELIVERY Teresita Fernandez Chief, Hearing Boards Miami Riverside Center (MRC) 444 Southwest 2nd Avenue, 7th Floor Miami, Florida 33130 FOUR SEASONS TOWER 15TH FLOOR 1441 BRICKELL AVENUE MIAMI, FLORIDA 33131-3407 T 305.536.1112 F 305.536.1116 WWW.TEWLAW.COM Re: REQUEST FOR EXTENSION OF TIME: Zoning Board Resolution 08-027, Affirmed by City Commission Resolution R-08-0468, July 24, 2008 Dear Ms. Fernandez: This law film represents Alphatur NV ("Applicant"). On July 24, 2008, the City Commission affirmed the Zoning Board's resolution granting the requested variances. On behalf of the Applicant, and pursuant to Section 1904.1 of the City Zoning Code, we request a one year extension of time to obtain a building permit. We understand that per the terms of Section 1904.1, no public notice is required ("The application for extension of time shall not require formal public notice, or public hearing, but the same shall be considered by the zoning board in open meeting and as a part of a previously prepared agenda."). Please contact us with any questions you may have. Thank you, Santiago D. E Bob de la Fue Enclosure cc: Alphatur, N.V. Maria Chiaro a City of Miami Legislation Resolution: R-08-0468 City Hall 3500 Pan American Drive Miami, FL 33133 www,miamigov.com File Number: 08-00169v Final Action Date: 7/24/2008 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, AND ARTICLE 19, SECTION 1901, TO ALLOW AN INTERIOR SIDE SETBACK (NORTH) OF 0'0" (15'0" REQUIRED); A STREET SIDE SETBACK (SOUTH) OF 4'6" (15'0" REQUIRED); AND A REAR SETBACK (WEST) OF 2'10" (7'6" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 888 BRICKELL AVENUE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting on March 24, 2008, Item No. 8, following an advertised public hearing, adopted Resolution No. ZB 08-027 by a vote of three to two (3-2), GRANTING the variances per plans on file with a time limitation of twelve (12) months in which a building permit must be obtained, from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, and Article 19, Section 1901, et seq., to allow an interior side setback (north) of 0'0" (15'0" required); a street side setback (South) of 4'6" (15'0" required); and a rear setback (West) of 2'10" (7'6" required) as hereinafter set forth; WHEREAS, the decision of the Zoning Board has been appealed; and WHEREAS, the City Commission after careful consideration of this matter finds that the stated grounds for the appeal and the facts presented in support thereof do not justify reversing the decision of the Zoning Board; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission denies the appeal, and affirms the decision of the Zoning Board, thereby granting variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, and Article 19, Section 1901, et seq., to allow an interior side setback (north) of 0'0" (15'0" required); a street side setback (South) of 4'6" (15'0" required); and a rear setback (West) of 2'10" (7'6" required) with a time limitation of twelve (12) months in which a building permit must be obtained for the property located at approximately 888 Brickell Avenue, Miami, Florida, legally described in attached "Exhibit A." City of Miami Page 1 of 2 Printed On: 6/15/2009 File Number: 08-00169v Enactment Number: R-08-0468 Section 3, This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 Printed On: 6/15/2009 Miami Zoning Board Resolution No.: 08-027 Monday, March 24, 2008 Mr. Angel Urquiola offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 FROM ORDINANCE NO. 11000, THE ZONING BOARD GRANTED THE VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 19, SECTION 1901, ARTICLE 4, SECTION 401, TO ALLOW AN INTERIOR SIDE SETBACK (NORTH) OF 0'0" (15'0" REQUIRED); A STREET SIDE SETBACK (SOUTH) OF 4'6" (15'0" REQUIRED); AND A REAR SETBACK (WEST) OF 2410" (T6" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 888 BRICKELL AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD-5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT. THESE VARIANCES WERE GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and adopted by the following vote: Mr. Bret Berlin No Mr. Ron Cordon Away Mr. Miguel A. Gabela No Mr. Joseph H. Ganguzza Away Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta Away Mr. Jorge Luis Lopez Away Mr, Juvenal A. Pina Yes Mr. Cornelius Shiver Away Mr. Angel Urquiola Yes AYE: 3 NAY: 2 ABSTENTIONS; 0 NO VOTES; 0 ABSENT: 5 Ms. Fernandez: Motion passes 3-2 Teresita L. Fernandez, Executive SeteMiry Hearing Boards File ID#: 08-00169v Z.8 EXHIBIT 1.; 6A.t UE : WPii W: to,s t .'Bfp k 1QJS o! PFICKELL AOLNI(3d AAfE,VPED, A,h;>.1,` AtAkY 8RJC LLt-S ADDITION, A, k/4, AMENDED MAP' rf BPF kEL1 AOOIIOtI RJ THE MP OF A'IA411: occjrdinq Prz the n bt %1nr.F /, as ieonr ecl.' in Pict Book Fi et Faye jr,liof .11,0' Public tiec0rds i licni -rude Cooney; fl 'rirla. TEW ® CARDENAS LLP ATTORNEYS AT LAW MIAMI • TALLAHASSEE • WASHINGTON DC June 8, 2009 VIA HAND DELIVERY Ana Gelabert Plamiing Director 444 SW 2"d Avenue, 31'd Floor Miami, Florida 33130 FOUR SEASONS TOWER 15TH FLOOR 1441 BRICKELLAVENUE MIAMI, FLORIDA 33131-3407 T 305.536.1112 F 305.536.1116 WWW.TEWLAW.COM Re: Notification of Two Year Extension of Time/Renewal of Permit Pursuant to Section 14, Senate Bill 360: Permits: (z) Class 2 Approval, 08-0221; (ii) Variance Approval, City Commission Resolution No. R-08-0468 (collectively, "Permits') Expiration Dates: (i) Class 2: October 7, 2009; (ii) Variance: July 24, 2009 Dear Ms. Gelabert This law fire represents Alphatur, NV ("Alphatur"). On behalf of Alphatur, pursuant to Section 14 of Senate Bill 360,we notify you that we are extending the Permits for two years. We anticipate acting pursuant to the Permits prior to June, 2011. Accordingly, the expiration dates are extended as follows: (i) Class 2: October 7, 2011; (ii) Variance: July 24, 2011. Please contact us with any questions you may have. Sincerely, Santiago D. Echemendia, P.A. Bob de la Fuente, P.A. Encl. cc: Antonio Perez (via hand delivery, w/encl.) Lourdes Slazyk (via hand delivery, w/encl.) Maria J. Chiaro, Esq. (via hand delivery, w/encl.) Alphatur, NV (w/encl.) Reinaldo Borges (w/encl.) CITY OF MIAMI CLASS II SPECIAL PERMIT FINAL DECISION REVISED File No. 08-0221 To: From: Alphatur, NV 888 Brickell Avenue Miami, FL. 33131 Ana Geiabert, Director Planning Department PLEASE TAKE NOTICE THAT A FINAL DECISION HAS BEEN REACHED ON THE FOLLOWING MATTER: Title: New Construction (888 Brickell) Address: 888 Brickell Avenue, Downtown Intended Decision: ❑ Approval ( Approval with .conditions ❑ Denial FINDINGS AND CONDITIONS The subject proposal has been reviewed for Class II Special Permit pursuant to Section 605, 1512, 605.7.2, 917.1, 907.2.1 and 923.2 of Ordinance 11000, as amended, the Zoning Ordinance of the City of Miami, Florida, Section 605 states explicitly that a Class 11 Special Permit shall be required prior to approval of any permit affecting the location, relocation or alteration of any structure, sign, awning, landscaping, parking, area or vehicular way visible from a public street. Section 605.7,2 states that increase in floor area for offsite affordable housing shall be only by Class II Special Permit. Section 923.2.1 states explicitly that reduction in loading stall dimensions shall be only by Class II Special Permit. Section 1512 states that unless otherwise required by the Zoning Ordinance, as amended, the Code of the City of Miami, as amended or the South Florida Building Code, as amended, all City of Miami Design Standards and Guidelines, incorporated herein by reference, may be waived pursuant to a Class 11 Special Permit, Section 907.2.1 nodules regulationsrelated to provision of green space and open space within new development by Class It Special Permit with contributions to the City of Miami Parks and Open Space Trust Fund. Pursuant to Section 1301.2 of the above -cited Zoning Ordinance, the Planning Department has made referrals to the following Departments and Boards. • Zoning Department • Downtown NET Office, Neighborhood Enhancement Team. • UDRB, Urban Development Review Board. • Office of the City Manager/Transportation • Parks Department • HEPB, Historic and Environmental Preservation Board Their comments and recommendations have been duly considered and are reflected in this intended decision. In reviewing this application, pursuant to Section 1305 of the Zoning Ordinance, the following findings have been made: 1 FINDINGS • It is found that the proposed project is a mixed -use building consisting of residential units (29), office spaces (163,290 Sq. Ft), a daycare facility (3,214 Sq, Ft.) and commercial space (3,018 Sq. Ft.) with parking area on the upper levels. • It is found that that the Internal Design Review Committee initially reviewed the proposed project on January 9, 2007. The committee recommended sending it back to the architect in order to give the opportunity to respond the committee comments. • It is found that a modified project was reviewed and recommended approval with conditions by the Internal Design Review Committee on December 18, 2007. • It is found that a modified project was reviewed and recommended approval with condition by the UDRB on January 16, 2008. • It is found that on March 24, 2008, the Miami Zoning Board approved Variances (Res. # 2008- 027) allowing an interior setback of 0' (15' required), a street side setback of 4'-6" (15' required) and a rear setback of 2'-10" (7'-6" required). • It is found that the applicant is requesting to replace the required loading dock areas (3) of 12' by 35' for loading dock areas (3) of 10" by 20". • It is found that the applicant is requesting a waiver of guides and standards that consist of a waiver of the required backup space from twenty-three (23) feet to twenty-two (22) feet. • It is found that the applicant is requesting a waiver for the parking stalls where the side of the parking stall abuts a wall or column for a total .of ninety-nine (57) parking stalls that range from ten (10) inches to eight (8) inches of the required one foot increase. • It is found that`that'the applicant is requesting a modification of open spaces requirements in order to be allow to purchase 412 Sq.Ft. through to the Parks and Open Space Trust as specified by ordinance 05-01089A. • It is found that the proposed project Was reviewed by the Parks Department and the department states that purchase 412 Sq.Ft. of the required 5,397 Sq.Ft of open spaces requirements is appropriate. • It is found that the applicant is requesting to increase the maximum floor area for offsite affordable housing. • It is found that the proposal complies with the provisions and limitations set forth in section 605.7.2 for offsite affordable housing bonus, • It is found that the proposed project is located in an "Archeological Conservation Area". This project was reviewed and approved with conditions by the Historic and Environmental Preservation Board on February 5, 2008, • It is found that a traffic impact study was requested and submitted as part of the proposal; said study was reviewed and approved by the City's traffic consultants (see letter on file). • It is found that no landscape plan have been submitted with this application. • It is found that with regard to the criteria set forth in Sec. 1305 of the City of Miami Zoning Ordinance, the application has been reviewed and found sufficient except for the issues listed above and contained in the conditions. 2 Based on the above findings and the considered advice of the officers and agencies consulted on this matter and pursuant to Section 1306 of the Zoning Ordinance, the subject application is hereby recommended for approval subject to the plans and supplementary materials submitted by the applicant and on file with the Planning Department and further subject to the following conditions: CONDITIONS: 1. The Class II approval is conditioned to a full review by the Office of Zoning, any substantial change that arise due to zoning comments will require a new Class II Special Permit; minor changes (except those related to Guidelines and Standards) due to zoning comments shall be considered substantially in compliance with this approval. 2. The applicant shall provide the Planning Department with a temporary construction parking plan, with an enforcement policy and a construction noise management plan with an enforcement policy. 3. The applicant shall provide the Preservation Officer an archeological management plan for review and approval prior to the issuance of any building permit. 4. A complete landscape plan shall be submitted for review and approval to the Planning Department prior to obtain any building permit NOTICE The final decision of the Director may be appealed to the Zoning Board by any aggrieved party, within fifteen (15) days of the date of issuance by filing a written appeal and appropriate fee with the Office of Hearing Boards, located at 444 SW 2nd Ave., 7` Floor, Miami, FL 33130. Telephone number (305) 416-2030 Signature Ana Gelabert, Direc Planning Department 3 Date /1"2%a?/d/ DESIGN REVIEW CRITERIA APPLICABILITY COMPLIANCE I) Site and Urban Planning: (1) Respond to the physical Yes, Yes. contextual environment taking into consideration urban form and natural features; (2) Siting should minimize the Yes. Yes, impact of automobile parking and driveways on the pedestrian environment and adjacent properties; (3) Buildings on corner lots Yes. Yes. should be oriented to the corner and public street fronts. II) Architecture and Landscape Architecture: (1) A project shall be designed Yes. Yes. to comply with all applicable landscape ordinances; (2) Respond to the neighborhood Yes, Yes. context; (3) Create a transition in bulk Yes. Yes. and scale; (4) Use architectural styles Yes. Yes. and details (such as roof lines and fenestration), colors and materials derivative from surrounding area; (5) Articulate the building facade Yes, Yes. vertically and horizontally in intervals that conform to the existing structures in the vicinity. III) Pedestrian Oriented Development: (1) Promote pedestrian Yes. Yes. interaction; (2) Design facades that Yes. Yes. respond primarily to the human scale; (3) Provide active, not blank Yes. Yes. facades. Where blank walls are unavoidable, they should receive design treatment. IV) Streetscape and Open Space: (1) Provide usable open space Yes. Yes. that allows for convenient and visible pedestrian access from the public sidewalk; (2) Landscaping, including plant Yes. Yes. material, trellises, special pavements, screen walls, planters and similar features should be appropriately incorporated to enhance the project. V) Vehicular Access and :Parking: (1) Design for pedestrian and Yes. Yes. vehicular safety to minimize conflict points; (2) Minimize the number and Yes. Yes. width. VI) Screening: (1) Provide landscaping that Yes Yes. screen undesirable elements (2) Building sites should locate Yes Yes. service elements away from street front where possible or screened from view (3) Screen parking garage structures with program uses. Yes Yes City of Miami Legislation Resolution: R-08-0468 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov,com File Number: 08-00169v Final Action Date: 7/24/2008 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), DENYING THE APPEAL, AFFIRMING THE DECISION OF THE ZONING BOARD, THEREBY GRANTING VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 4, SECTION 401, SCHEDULE OF DISTRICT REGULATIONS, AND ARTICLE 19, SECTION 1901, TO ALLOW AN INTERIOR SIDE SETBACK (NORTH) OF 0'0" (15'0" REQUIRED); A STREET SIDE SETBACK (SOUTH) OF 4'6" (15'0" REQUIRED); AND A REAR SETBACK (WEST) OF 2'10" (7'6" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 888 BRICKELL AVENUE, MIAMI, FLORIDA, PURSUANT TO PLANS ON FILE AND SUBJECT FURTHER TO A TIME LIMITATION OF TWELVE (12) MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. WHEREAS, the Miami Zoning Board at its meeting on March 24, 2008, Item No. 8, following an advertised public hearing, adopted Resolution No. ZB 08-027 by a vote of three to two (3-2), GRANTING the variances per plans on file with a time limitation of twelve (12) months in which a building permit must be obtained, from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, and Article 19, Section 1901, et seq., to allow an interior side setback (north) of 0'0" (15'0" required); a street side setback (South) of 4'6" (15'0" required); and a rear setback (West) of 2'10" (7'6" required) as hereinafter set forth; WHEREAS, the decision of the Zoning Board has been appealed; and WHEREAS, the City Commission after careful consideration of this matter finds that the stated grounds for the appeal and the facts presented in support thereof do not justify reversing the decision of the Zoning Board; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The City Commission denies the appeal, and affirms the decision of the Zoning Board, thereby granting variances from Ordinance No. 11000, as amended, the Zoning Ordinance of the City of Miami, Article 4, Section 401, Schedule of District Regulations, and Article 19, Section 1901, et seq., to allow an interior side setback (north) of 0'0" (15'0" required); a street side setback (South) of 4'6" (15'0" required); and a rear setback (West) of 2'10" (7'6" required) with a time limitation of twelve (12) months in which a building permit must be obtained for the property located at approximately 888 Brickell Avenue, Miami, Florida, legally described in attached "Exhibit A." City of Miami Page 1 of 2 Printed On: 8/11/2008 File Number: 08-00169v Enactment Number: R-08-0468 Section 3. This Resolution shall become effective immediately upon its adoption and signature of the Mayor. {1} Footnotes: {1} If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. City of Miami Page 2 of 2 Printed On: 8/11/2008 Miami Zoning Board Resolution No.: 08-027 Monday, March 24, 2008 Mr. Angel Urquiola offered the following resolution and moved its adoption Resolution: AFTER CONSIDERING THE FACTORS SET FORTH IN SECTION 1903.1 FROM ORDINANCE NO. 11000, THE ZONING BOARD GRANTED THE VARIANCES FROM ORDINANCE NO. 11000, AS AMENDED, THE ZONING ORDINANCE OF THE CITY OF MIAMI, ARTICLE 19, SECTION 1901, ARTICLE 4, SECTION 401, TO ALLOW AN INTERIOR SIDE SETBACK (NORTH) OF 0'0" (15'0" REQUIRED); A STREET SIDE SETBACK (SOUTH) OF 4'6" (15'0" REQUIRED); AND A REAR SETBACK (WEST) OF 2'10" (7'6" REQUIRED), FOR THE PROPERTY LOCATED AT APPROXIMATELY 888 BRICKELL AVENUE, LEGALLY DESCRIBED AS EXHIBIT "A" (HEREBY ATTACHED), PUBLIC RECORDS OF MIAMI-DADE COUNTY, FLORIDA; ZONED SD-5 BRICKELL AVENUE AREA RESIDENTIAL -OFFICE DISTRICT. THESE VARIANCES WERE GRANTED PER PLANS ON FILE WITH A TIME LIMITATION OF TWELVE MONTHS IN WHICH A BUILDING PERMIT MUST BE OBTAINED. Upon being seconded by Mr. Charles A. Garavaglia, the motion was passed and adopted by the following vote: Mr, Bret Berlin No Mr. Ron Cordon Away Mr. Miguel A. Gabela No Mr. Joseph H. Ganguzza Away Mr. Charles A. Garavaglia Yes Ms. Ileana Hernandez -Acosta Away Mr. Jorge Luis Lopez Away Mr. Juvenal A. Pina Yes Mr. Cornelius Shiver Away Mr. Angel Urquiola Yes AYE: 3 NAY: 2 ABSTENTIONS: 0 NO VOTES: 0 ABSENT: 5 Ms. Fernandez: Motion passes 3-2 Teresita L. Fernandez, Executive Secc Hearing Boards File ID#: 08-00169v Z.8 01:5C,yelt,w (0;5 wei Blo,:p. ,vvy noN ,wrivrm 4itt6N/g9 MAP Or Alororq it) Pic 41it:' AvAtal, Up? /got ilwiffol. fe:t.'.'1":10:1 1.1' Pt(/' fi 1..):470 113, <>I I) 1.;.! ficscow(:; 411(.101, • 0(it:k.: 00;10: 11,Y,dri.