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HomeMy WebLinkAboutR-2006-181 Bartley Salvino Warehouse Variance RESOLUTION NO. 2006-181 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY ON BEHALF OF "ALL SOUTH FLORIDA DEVELOPMENT, INC." AND "VICTORY HEIGHTS PROPERTIES, INC.", FOR PROPERTY GENERALLY LOCATED EAST OF PHIPPEN ROAD BETWEEN SW 2ND TERRACE AND SW 2ND PLACE,ADJACENT TO THE F.E.C.RAILROAD TRACKS,IN DANIA BEACH; PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 28,"Zoning",Article 4,"Schedule of Lot Yard and Bulk Regulations" sets the setback requirements in the City of Dania Beach; and WHEREAS,Chapter 28,"Zoning",Article 6.21,sets the off-street parking requirements in the City of Dania Beach; and WHEREAS,John Bartley on behalf of"All South Florida Development,Inc."and"Victory Heights Properties, Inc.",has applied for a variance (VA-44-06) to: I. to allow a front yard lot width of 37 feet(Chapter 28, "Zoning",Article 4, "Schedule of Lot, Yard and Bulk Regulations", requires a minimum of 75 feet); 2. to allow a side setback of 5 feet on the east side and 7 feet on the west side. (Chapter 28, "Zoning", Article 4, "Schedule of Lot, Yard and Bulk Regulations", requires a 20 foot side yard setback); and 3. to allow six parking spaces(Chapter 28,"Zoning",Article 6.21,"Schedule of Off-Street Parking Requirements", requires eight spaces), for property generally located east of Phippen Road between SW 2nd Terrace and SW 2nd Place, adjacent to the F.E.C. Railroad tracks, in the City of Dania Beach; and WHEREAS,the Planning and Zoning Board on September 27,2006 recommended that the City Commission grant variance request VA-44-06,based upon the criteria set forth in section 10.13 of Article 10, of Chapter 28, "Zoning", of the Code of Ordinances of the City of Dania Beach; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That that certain application VA-44-06, for a variance as described above from requirements in Chapter 28, Zoning, Article 4, Schedule of Lot Yard and Bulk Regulations and Article 6.21 Off-street Parking Requirements,a copy of which is attached as Exhibit"A"is approved with the following conditions: i. Show existing utilities for future tie-in(water,sewer,storm). Design drawings shall be submitted for utilities (Public Services). ii. Approval of pervious area waiver by Public Services. iii. Building color to be Sand Dollar(SW 6099), trim to be Portabello (SW 6102). iv. Access to be limited between 6:00 a.m. and 8:00 p.m. Section 2. That all resolutions or parts of resolutions in conflict with this Resolution are repealed to the extent of such conflict. Section 3. That this Resolution shall be in force and take effect immediately upon its passage and adoption. PASSED AND ADOPTED on October 10, 2006. �i PATRICIA FLUR MAYOR-COMMISSIONER ATTEST: 0 J &4 LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO7 AND CORRECTNESS BY: r� , A THOM S J. ANSBRO CITY ATTORNEY 2 RESOLUTION#2006-181 CITY OF DANIA BEACH Agenda Item # • Agenda Request Database Date of Commission Meeting: 10/10/2006 Adopt Resolution ® Adopt Ordinance (1st Reading) ❑ Adopt Ordinance (2nd Reading) ❑ Award Bid/RFP ❑ Presentation ❑ Continued from: RESOLUTION NO.2006-181-A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA APPROVING THE VARIANCE REQUEST SUBMITTED BY JOHN BARTLEY ON BEHALF OF"ALL SOUTH FLORIDA DEVELOPMENT,INC."AND"VICTORY HEIGHTS PROPERTIES,INC.",FOR PROPERTY GENERALLY LOCATED EAST OF PHIPPEN ROAD BETWEEN SW 2ND TERRACE AND SW 2ND.PLACE,ADJACENT TO THE F.E.C.RAILROAD TRACKS,IN DANIA BEACH;PROVIDING FOR CONFLICTS;FURTHER,PROVIDING FOR AN EFFECTIVE DATE. ,.; f. 9Vhat�V#�V� VVYI{� s.ti�63 ".H'£' '�`r �ki��� �a".+ �£ 4_ '" -, j Xs �N y. ?�ArPj 'hi f S7l k;9ff 6 Dept: Acct#: Amt: Fund: General: ❑ Water: ❑ Sewer: ❑ Stormwater: ❑ Grants: ❑ Capital: ❑ Summary Explanation/Background SP-45-06/VA-44-06: The applicant, John Bartley, on behalf of the property owners All South Florida Development Inc. & Victory Heights Properties, Inc., is requesting site plan, variance, and waiver to allow the construction of a warehouse on the west side of the FEC railroad between SW 2 Terrace and SW 2 Place. Fiscal Impact/Cost 5umma �� < ��3 �a ��y�� ��-�� � ��•� ��„#,max �� � __: �� � �� �a�, � � z� .a"cdL�(itJ�.%t. assm� Resolution Staff Report Application Hearing Notice Site Map Mailing List Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Submitted by Laurence Leeds Date Department Director Laurence Leeds Date HR Director Date Finance Director Date City Attorney Date City Manager Date City Clerk Use h �� v...._ "K_ M N._.. ..' Commission Action: Approved: ❑ Denied: ❑ Continued to: ❑ CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT STAFF REPORT DATE: October 10, 2006 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Corinne Lajoie, AICP, Principal Planner � SUBJECT: SP-45-06/VA-44-06: The applicant, John Bartley, on behalf of the property owners All South Florida Development Inc. & Victory Heights Properties, Inc., is requesting site plan, variance, and waiver to allow the construction of a warehouse on the west side of the FEC railroad between SW 2 Terrace and SW 2 Place. Variance 1. To allow a lot width of 37 feet; code required a minimum of 75 feet. 2. To allow a side setback of 5 feet on the east side and 7 feet on the west side; code required a 20 foot side setback. 3. To allow 6 parking spaces; code requires 8 spaces. Site Plan To allow the construction of a 5,000 square feet warehouse. Waiver To allow 28% of pervious area; code requires 30%. Property Information ZONING: Industrial Restricted (IR) LAND USE DESIGNATION: Industrial The subject property is location south of Stirling Road, immediately west of the railroad tracks. VARIANCE 1. To allow a lot width of 37 feet; code required a minimum of 75 feet. The lot is irregularly shaped, providing 85 feet of street frontage on the north side of the property on SW 2 Terrace but only 37 feet of street frontage on the south side of the property on SW 2 Place. The lot size is not the result of the applicant's action. Staff has no objection. The Planning and Zoning Advisory Board recommended approval. 2. To allow a side setback of 5 feet on the east side and 7 feet on the west side; code required a 20 foot side setback. Staff can support the 5 foot east lot line setback (adjacent to FEC) if additional landscaping is added. The Planning and Zoning Advisory Board recommended approval. Staff cannot support a 7 foot setback from the west property line due to the presence of an existing home. If the adjacent neighbor has no objection to the variance, and the applicant provides additional landscaping, staff has no objection. The Planning and Zoning Advisory Board recommended approval. 3. To allow 6 parking spaces; code requires 8 spaces. Staff objected to the parking reduction. The Planning and Zoning Advisory Board recommended approval. SITE PLAN To allow the construction of a 5,000 square feet warehouse. The Planning and Zoning Advisory Board recommended approval of the site plan. The applicant has added a dumpster enclosure at the north east corner of the property, away from neighboring residents. A masonry wall has been added to the east side of the property, connecting to the building at the north and south corners. Seven trees will be planted on the east and west side of the building. In addition, the applicant is now providing stucco bands on the masonry wall. The following comments have been made regarding the site plan submitted & must be addressed prior to this item being scheduled for the City Commission agenda: • 1. No objection to waiver of pervious area for this project. Mitigating design improvements must be provided. Submit details of catch basins and storm drainage calculations (Public Services). 2. Show existing utilities for future tie-in (water, sewer, storm). Design drawings shall be submitted for utilities (Public Services). 3. Approval of pervious area waiver by Public Services. WAIVER . To allow 28.9% pervious area; code requires 30%. Mitigating design improvements must be provided. The Public Services Director requested the applicant to submit details of catch basins and storm drainage calculations. The Planning and Zoning Advisory Board recommended approval. PLANNING AND ZONING RECOMMENDATION On September 27, 2006 the Planning and Zoning Board recommended the following: 1. Lot Width Variance: Approval. 2. East setback Variance: Approval, subject to additional landscaping. 0 3. West setback Variance: Approval. 4. Parking Variance: Approval. 5. Pervious Waiver: Approval, subject to drainage mitigation. 6. Site Plan: Approval, subject to the following: i. Show existing utilities for future tie-in (water, sewer, storm). Design drawings shall be submitted for utilities (Public Services). ii. Approval of pervious area waiver by Public Services. iii. Building color to be Sand Dollar (SW 6099), trim to be Portabello (SW 6102). iv. Access to be limited between 6:O0a.m. and 8:00 p.m. CITY OF DANIA BEACH j - COMMUNITY DEVELOPMENT DEPARTMENT - ROUTING SHEET PLEASE REVIEW'SRE. AND RE URNS 1�t9 t� E TS]f l T.k Route Date 9/11/2006 PZ Log IVA-4 60 l4 SP-45-06 illl I Project BARTLEY WAREHOUSE Folio 51-42-03-38-0540/0550 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Routs Via: Mail❑ Pick Up❑ In-house W Fire Marshal❑ Landscape ❑ BSO❑ Public Services Planner❑ Other Consultants UCGA Approved as submitted Denied ❑ Comments must address prior ❑ Approved wlcondition' to PZ/Commission hearing ++''�� i List Conditions I�fJ0 o8J9:L-TiorJ To w4JV9A of 1°6AVIode. i/zg* Fo, TN/s ,rRcq Ml fl4,mAlzi bo6d4 N 1mPQcvEMEN73 Husr !m Now wb. 5usmir DETAILS or e,4rcH 845 ,&Sj$ND 5Tr-f-H jeq/&44r, C4LCd1,,t7_1010S• i c MICRO Signature Date SEP i 5 1006 ) vVHIAJK._ Planning Print Name Dep artmen-t I CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT ROUTING SHEET PLEASE REV1E1s' SeTE PLAN AND RETURN WITH CO-O-MMENTS+IF ANTI Route Date L 7l7/2006! PZ Log VA-44-06/SP-45-06 Project BARTLEY I SALVING WAREH� Folio 514203380540/0550 PLEASE REVIEW THE ABOVE REFERENCED PROJECT FOR COMMENTS TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOR'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail ❑ Pick Up F%]** In-house ❑ Fire Marshal ❑ Landscape k BSO ❑ Public Services ❑ Planner❑ Other Consultants ❑CGA Approved as submitted [] Denied[] Comments must address prior ❑ Approved w/conditions �� — �L v'w� 'A ko r to PZ/Commission hearingn p S LAP)A: List Conditions Lq:X�4-e"_ At4_4_ aA.0 Signature Date � �� W_1-- Prin Name v � - CITY OF DANIA BEACH COMMUNITY DEVELOPMENT DEPARTMENT --- ROUTING SHEET PLEASE REVIEViI SITE PLAN.AND RE iiw.]! ' COMRAE� FI ANY Route Date 7/7I2008 PZ Log VA-44-06/SP-45-08 Project :13ARTLEY l SALVING WAREHOUSE -- Folio 5142-03-38-0540/0550 PLEASE REVIEW THE ABOVE REFERNCED PROJECT FOR COM TO BE INCORPORATED IN THE COMMUNITY DEVELOPMENT DIRECTOE MENTS R'S STAFF RECOMMENDATION TO THE PLANNING AND ZONING BOARD AND CITY COMMISSION.THANK YOU. Route Via: Mail❑ Pick Up In-house ❑ Fire Marshal Landscape ❑ BSO❑ Public Services❑ Planner❑ Other Consultants ❑CGA Approved as submitted ❑ Denied❑ Comments must address prior q to PZ/Commission hearin Approved w/conditions I List Conditions t i Signature Date at"C�''��/Z� LJ►� Print Name I City ®f Dania Beach Fire Rescue Bureau of Fire Prevention SITE PLAN REVIEW COMMENT SHEET Date: 1&10G + Project: 8AA tzr V 5ff t d N a w,} ,U s E ►/ff - yy oG 5 - yS o6 Plan Reviewer: S .zec°JJ ❑ Approved As Submitted 0 Denied Q Approved With Conditions a Comments Must Be Addressed and Resubmitted Prior to City Commission COMMENTS/CONDITIONS: CE - Jd APR_ + v , S 1� City Of Dania Beach® Florida Department of Community Development Planning and Zoning Division General Development Application❑ Assignment of Flex/Reserve.Units ❑ Land Use Amendment ❑ Plat ❑ Plat Delegation Request 7 Z005 ❑ Rezoning JUL ❑ Site Plan Date Rec'd: O Special Exception ® Special Request Petition Mo.: —qq—& ❑ TraMcway Waiver 5 P y S (o O Variance ❑ Vacation Request ❑ Other: THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required Documentation"checklist to determine the supplemental documents required with each application. For after the fad applications, the responsible contractor of record shall be present at the board hearing. Thelr4allure to attend may Impact upon the disposition of your application. As always, the applicant or their authorized legal agent must be present at all meetings. All projects must also obtain a building permit from the City's Building Department. Location Address;_ y�j a end ir'i�G�C Lot(s): '-C1 Block: Subdivision: l(_ �( I C IN Recorded Plat Name: Folio Number(s): �^1 i "X -(A -3 "�,lal Description: -Sm anU rv-CI (Slca�nConsultant/Legal Representative (circle one) v .a 7�1s Address of Applicant: .2 o/ _t, l '►'?p b'oo �A 9Sy Business Telephone: Home: 9,2 7-a 29 3 Fax: Name of Property Owner: All %" :A& drip,, ,t4 -�,L �. � Ui i�,rU �2c5,p�-� k�fc �-S 1hL Address of Property Owner; o / s c✓ ti A d A YJ'S� Business Telephone: _52 r---'Ir 7.7 Home: 9J- •! Fax: Explanation of Request: Prop. Net Acreage: Gross Acreage: Prop. Square Footage: �� D Existing Use: Proposed Use: Is property owned individually, by a corporation, or a joint venture? TA✓o I understand that site plan and variance approval automatically expires within 12 months or Commission approval, pursuant to Ordinance No. 2005-040. licant/Owner signature Print Name Date APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE Sworn to and subscribed before me Applicant/Consultant/Representative: This day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. l INDMDUAL OWNER NOTARIZED SIGNATURE: This is to certify that I am the fee simple owner of subject lands described above and that I have authorized (Applicant/Consuitant/RepresentaUve) to make and file the aforesaid application. Sworn to and subscribed before me Owner: This day of 20_ Signature: Date: Sign Name of Notary Public (Print Name) State of( ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: Telephone No. &Fax No. CORPORATION NOTARIZED SIGNATURE: This is to certify that the below referenced corporation is the owner of subject lands described above and that I, as a duly authorized officer, have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Corporation Name: 16 This � day of V� 20�Q Signature• Datec (Print Name) Sigte Irame o N tary Public (Print Title) State of( CYI E;K ) Print Name of Notary Street Address, City, State and Zip Code Commission Expires: Seal: s s Telephone No. &Fax No. • [fir Cana OD2961®0 . z,.zoos JOINT VENTURE PARTNERSHIP NOTARIZE®/ SIGNATURE. This Is to certify that the below referenced that the duty authorized persons are the owners of subject lands described above and that all partners have authorized (Applicant/Consultant/Representative) to make and file the aforesaid application. Sworn to and subscribed before me Thls day of y� 20-4, Signatur Date: cze (Print Name)** g m(i of No Public of( T— ) _n,cfUV, J/ Print Name of Notary Street Address, City, State and Zip Code IC?J7 Commission Expires: 7 '�,"J^f Y Seal: jaye•Bddget BetgeMn Telephone No. &Fax No. _ . -ro�'Ar vue�� COm�.mis�on 0 DD218�r iv.- Expires J= Z.200 rtne&101 i9 ,.Attach duplicate sheets as required. Bartley/ Salvino— Variance / Site Plan SW 2A Terrace /Victory Heights Criteria Statement (a) That special conditions and circumstances exist which are peculiar to the land, structure or building involved and which are not applicable to other lands, structures or buildings in the same zoning district; The property is an odd shape and to make the construction of the building work I will need a setback variance. (I am providing 5' on the east side and 7' on the west side; the code requires 20 feet. also, the width of the lot varies from 85.41 feet in the front and approximately 38' in the rear 1-11 requires a minimum of 75' of width) There is enough parking for a warehouse use, but the possibility an office in the future will require 2 extra spaces. I would like to get approval for a variance for the absence of these spaces now. (8 spaces total required with the office use — I am providing 6 spaces) The site is only short by 1.05% pervious area (30% required, I am providing 28.95%) (b) That the special conditions and circumstances do not result from the actions of the applicant; Property is an odd shape along the FEC railroad tracks. (c) That granting the variance requested will not confer on the applicant any special privilege that is denied by this chapter to other lands, buildings or structures in this same zoning district; It was necessary for Titan Maritime Industries to obtain a similar variance in 1997 for his addition located at 410 SW 4t' Terrace as well as several other warehouse buildings abutting the railroad tracks. (d) That literal interpretation of the provisions of this chapter would deprive the applicant of rights commonly enjoyed by other properties in the same zoning district under the terms of this chapter and would work unnecessary and undue hardship on the applicant; (n/a) (e) That the variance granted is the minimum variance that will make possible the reasonable use of the land, building or structure; The variances requested are for: 1) To allow parking reduction of 2 parking spaces for possible future office use; This request is to ensure the possibility of office use at a future date. 2) Side Setbacks and Lot width (odd shaped lot adjacent to the FEC Railroad tracks) 3) Pervious/ Impervious area — request is to allow 38.95% (less 1.05%) (f) That the grant of the variance will be in harmony with the general intent and purpose of this chapter, and that such variance will not be injurious to the area involved or otherwise detrimental to the public welfare. Titan Maritime had a similar variance granted in 1997, due to his lot size. NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH VA-44-06 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission, on Tuesday, October 10, 2006, at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach City Commission Room, City Hall, 100 West Dania Beach Blvd., Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to the following: John Bartley, on behalf of the property owners All South Florida Development Inc. & Victory Heights Properties, Inc., for property located east of Phippen Road between SW 2"d Terrace and SW 2"d Place, adjacent to the F.E.C. railroad tracks. The request is as follows: VA-44-06 -Variance: 1. To allow'a front yard lot width of 37 feet. (Chapter 28, Zoning Article 4, Schedule of Lot, Yard and Bulk Regulations, requires a minimum of 75 feet.) 2. To allow a side setback of 5 feet on the east side and 7 feet on the west side. (Chapter 28, Zoning Article 4, Schedule of Lot, Yard and Bulk Regulations, requires a 20 foot side setback.) 3. To allow six parking spaces. (Chapter 28, Zoning Article 6.21 Schedule of Off-Street Parking Requirements, requires eight spaces.) Waiver - A waiver from the 30% pervious area requirement. (Chapter 28, Zoning Article 29.10. 0Impervious land area requirements.) SP-45-06 - Site Plan - To allow the 11,650 square feet of warehouse space. Property is legally described as: Lots 7 through 9, Block 3, "Victory Heights", according to plat thereof, as recorded in Plat Book 21, Page 2 of the Public Records of Broward County, Florida. Copies of the proposed variance are available for viewing in the Community Development Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00 a.m. and 4:00 p.m., Monday— Friday please call (954) 924-3645 for more information. Interested parties may appear at the public hearing and be heard with respect to the proposed petition.ln accordance with the Americans With Disabilities Act, persons needing assistance to participate in any of these proceedings should contact Louise Stilson, City Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, at least 48 hours prior to meeting. Any person who decides to appeal any decision made by the Planning and Zoning Advisory Board or the City Commission with regard to any matter considered at this meeting or hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to based. Lou Ann Cunningham, Planning Associate Sentinel Notice: September 29, 2006 LOCATION MAP i STIRLING RD - / i SW 2ND TER This Site r - i 2 SW 2ND•TER- Q W U y j RD-9000 I-R 41 - -SW 2ND PL____ SW 2ND PL- l DESCRIPTION LOTS 7 THROUGH 9,BLOCK 3,VICTORY HEIGHTS'.ACCORDING TO MT THERLOP,A9 RECORDED IN PLAT BOOK 21.PAGE 2, OF THE PUBLIC RECORD5 Of BROWARD COUNTY, ORNOA. I S.W. 2rnd TERRACE FEMA nOOO INSURANCE RATE NIA► 4 —Of:CITY Of DANIA.PLARIDA COMMUNITY I PANEL SUFFIX TONE iZ EDGE Of FAVfVtNT NO. NO. r h 120034 0309 P x FIRM 8+19E LOWEST AVG. — r DATE EAV. nR.PIN GRD. ►OUNDS'Arij CHAIN UNK 85•4 I A � ET�,IRON I ry2J97 WA WA WA IRON PIPE J� FENCE ,A RODICA P 84054 NOTES I THE LAND DESCRVTION SHOWN HEREON WAS ( CONCRETE FR OVIDED BY THE CLIENT.EAMMEMS AND I RIGHT}Or-WAY PER REGARD MT HAVE SEEN I % SHOWN HEREON.NO rURTHER SEAIFLH FOR MATTERS OF RECORD HAS BEEN MADE BY THl9 FIRM. I / 2. TH 5 SURVEY 15 PREPARED FOR THE SOLE AND CXCLLN,HVt LASE Of THE PART49 AS SURVEYED % FOR AND AS CERTIFIED TO AND SHALL NOT 0E LOT 10 I LOT 9 ( LOT C RELIED UPON BY ANY OTHER ENTITY OR % INDIVIDUAL. 3. ELEVATIONS SHOWN HEREON ARE BASED ON NATIONAL GEODETIC VtIMNL DATUM Of 1929. ( CHAIN UNK 4. NORTH ARROW RELATIVE TO ASSUMED EAST CHAIN UNK ALONG THE CENTERLINE OF S.W.2M PLACE. 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