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Home My WebLink AboutResolution 3987 HINSHAW & CULBERTSON PIPER JAFFRAY TOWER APPLETON,WISCONSIN SUITE 3100 MIAMI,FLORIDA BELLEVILLE,ILLINOIS 222 SOUTH NINTH STREET MILWAUKEE,WISCONSIN BLOOMINGTON,ILLINOIS MINNEAPOLIS,MINNESOTA 55402 MUNSTER,INDIANA BROOKFIELD,WISCONSIN PEORIA,ILLINOIS CHAMPAIGN,ILLINOIS 612.333.3434 PHOENIX,ARIZONA CHICAGO,ILLINOIS TELEFAX:612.295.0398 RECEIVED ROCKFORD,ILLINOIS CRYSTAL LAKE,ILLINOIS ST.LOUIS,MISSOURI FT.LAUDERDALE,FLORIDA SAN FRANCISCO,CALIFORNIA JACKSONVILLE,FLORIDA FEB 1 6 1999 - SPRINGFIELD,ILLINOIS JOLIET,ILLINOIS 7 TAMPA,FLORIDA LAKE GENEVA,WISCONSIN Nancy ChadwickWAUKEGAN,ILLINOIS LISLE,ILLINOIS Direct:612.295.0660 x'11 Y UI- ORONO Nchadwick@onrampinc.net February 3, 1999 Elizabeth Van Zomeren City of Orono 2750 Kelley Parkway Crystal Bay, MN 55323 Re: Recorded Resolutions Our File No. 752031 Dear Liz: Enclosed, for the City's records, please find attested copies of Resolution Nos. 4108 (City File No. 2358) and 4098 (City File No. 2363). These resolutions were recorded September 4, 1998, as Document Nos. 3056546 and 3056562, respectively. I have also enclosed certified copies of the following resolutions that were recorded with the Hennepin County Recorder: 1. Resolution No. 4140 (File No. 2388) recorded December 3, 1998, as Document No. 7014368; 2. Resolution No. 3987 (File No. 2301) recorded December 4, 1998, as Document No. 7015040; 3. Resolution No. 4109 (File No. 2361)recorded December 10, 1998, as Document No. 7018396; 4. Resolution No. 3664 (File No. 2059)recorded December 14, 1998, as Document No. 7020115 and the accompanying Flowage and Conservation Easement and Waiver of Damages recorded December 17, 1998, as Document No. 7022127; 5. Resolution No. 4199 (File No. 2403) recorded December 17, 1998, as Document No. 7022690; 6. Resolution No. 4157 (File No. 2406) recorded December 17, 1998, as Document No. 7022691; 7. Resolution No. 4145 (File No. 2391) recorded December 17, 1998, as Document No. 7022692; 8. Resolution No. 4172 (File No. 2389) recorded December 17, 1998, as Document No. 7022693; 9. Resolution No. 4203 (File No. 2435) recorded December 18, 1998, as Document No. 7023559; 10. Resolution No. 4181 (File No. 2423) recorded December 18, 1998, as Document No. 7023560; and Liz Van Zomeren February 3, 1999 Page 2 11. Resolution No. 4207 (File No. 2442)recorded December 18, 1998, as Document No. 7023561. Upon your receipt and review of the enclosed documents,please do not hesitate to contact me if you have any questions. Very truly yours, 7� cy L. Chadwick Legal Assistant Enclosure cc: Thomas A. Barrett,Esq. . r j 0 11�' 7015040 O O CITYof ORONO ti RESOLUTION OF THE CITY COUNCIL �kEsx04 NO. 3987, 1M CC"7'1 TAMJW7,f, rti� A RESOLUTION GRANTING VARIANCES TO MUNICIPAL ZONING CODE --- SECTIONS 10.22, SUBDIVISIONS 2, 10.559 BY SUBDIVISION 8, AND 10.56, SUBDIVISION 16 (C & L), AND GRANTING APPROVAL FOR IMPROVEMENTS IN THE CITY RIGHT-OF-WAY PER MUNICIPAL CODE SECTIONS 6.05, 6.07, AND 6.09 FILE #2301 V Gerald McCourtney hereinafter "the applicant") is owner of the WHEREAS, G y ( pp ) property located at 1055 West Ferndale Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has applied for variances to Municipal Zoning Code Sections 10.22, Subdivision 2, 10.55, Subdivision 8, and 10.56, Subdivision 16 (C & L) to increase hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed, and to place a gateway structure within 75' of the lake where no structure or fence is normally allowed; and is requesting permission per Municipal Code Section 6.05, Subdivision 9 to expand the width of an approach for the existing driveway which already exceeds the 20' approach width limitation; and is requesting a permii per Municipal Code Sections 6.07 and 6.09 for construction of a gateway and planting of trees within the right-of-way of West Ferndale Road. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2301. 2. The property is located in the LR-lA, Single Family Lakeshore Residential Zoning District. Page 1 of 6 0 0 b - CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL SH�4� NO. 'e15 9 8 7 3. The Orono Planning Commission reviewed this application on October 20, 1997, and recommended approval of the requested variances based upon the following findings: A. The 66' right-of-way of West Ferndale Road is unusually wide because it was formerly a County Road, and placement of an arborvitae hedge 15' from the paved traveled roadway will have no impact on traffic safety or road maintenance. B. The approval for an arborvitae hedge 15' from the paved traveled roadway is similar in character to a fence recently approved for the adjacent property to the east which was required to be located 15' from the paved traveled roadway. C. Construction of a gate to provide yard maintenance access to the property, with such gate located within the right-of-way but 23' from the paved traveled roadway, is appropriate as long as there is no accompanying paving, gravel, or other hard surface associated with the gateway. D. Although applicant's existing driveway apron is 40' in width where City code would normally allow only a 20' wide apron, the existing apron was approved by prior Council action. The proposed 130 s.f. expansion does not impact safety or maintenance of Ferndale ?load. The additional 130 s.f. of hardcover is more than offset by applicant's prior removal of approximately 1,373 s.f. of hardcover by the recent removal of the pre-existing Skarp residence, driveway, sidewalks, and related hardcover. E. The two tax parcels must be legally combined in order that the improvements are on the same lot as the principal structure. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 0 0 b. - CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL S 04`' NO. 3987 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivision 2, 10.55, Subdivision 8, and 10.56, Subdivision 16 (C & L) to increase hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed, and to place a gateway structure within 75' of the lake where no structure or fence is normally allowed; and grants permission per Municipal Code Sections 6.05, Subdivision 9 to expand the width of an approach for the existing driveway which already exceeds the 20' approach width limitation; and grants a permit per Municipal Code Sections 6.07 and 6.09 for construction of a gateway and planting of trees within the right-of-way of West Ferndale Road, subject to the following conditions: 1. The only additional hardcover approved with the variance approval is 130 s.f. of expanded driveway apron within the right-of-way of West Ferndale Road, as well as the gateway structure at the east end of the property which shall have hardcover impact of less than 10 s.f. Applicant is advised that any future requests for hardcover on the property or within the adjacent right-of-way will require a new application and further review and approval by the City. 2. The arborvitae hedge shall be planted on a centerline at least 15' from the paved portion of Ferndale Road. The proposed gateway shall be constructed 23' from the paved roadway as proposed. The approaches to said gateway shall remain in a non-hardcover grass surface. 3. Applicant shall legally combine all tax parcels which comprise the property. Page 3 of 6 /O O -,1b CITYof ORONO a ti �pA%V RESOLUTION OF THE CITY COUNCIL \ `9$ 140 NO. t3 9 8 le ES 4. Applicant shall execute a hold harmless agreement with regards to improvements allowed within the right-of-way per this approval. 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 27, 1998). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. TM ..:..:.Adopted by the Orono City Council on this 27th day of October, 1997. y`S , y M lin, City Clerk Gabs: 1 Jabbour, May S 3 Property Owner(s) STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of October, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. M ° LINDA S.VEE Notary Public 9V' NOTARY PUBLIC-MINNESOTA •=4 HENNEPIN COUNTY �-..••° My Commission Expires Jan.31,2000 Page 4 of 6 O O b CITY of ORONO RESOLUTION OF THE CITY COUNCIL ��kESH�g� e3 9 8 7 NO. STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this i day of ; { , , 199 ' before me a Notary Public within and for said count-v,personally appeared 4� r 4- 'c f known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. LINDA S.VEE ' ti" NOTARY PUBLIC MINNESOTA l �� `� ;; HENNEFIN COUNTY NOTARY PUBLIC 0. .„ i..*�° W Commission Expires Jan.31,200 STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this day of lbtlx �c A. , 199_1 before me a Notary Public within and for said county,personally appeared ��x e known to me to be the person(s) described in and who executed the tdregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. _ NOTARY PUBLIC O *M 1 Page 5 of 6 UN 4p r a n C%4— „ y- LEGAL DESCRIPTION OF PREMISES: ATract B, Registered Land Survey No. 1372, files of Trgistrar of Titles, Hennepin County, minnesota, ALSO That part of Lot 11, North Shore Cottage Acres, Lake Minnetonka, described as follows: Beginning at the Southeast corner of said Lot 11; thence Westerly along the outh shore line of said Lot 100 feet; thence Northerly on a straight line to a ppoint on the North line of said Lot 95 feet from the Northeast corner of said Lot 11; thence. Southeasterly along said North line to the Northeast corner of said Lot; thence Southerly along the East line of said Lot 32.5 feet to place of beginning. RESOLUTION #987 STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a 19 meeting d of � t she same is ad City otruel and correct held on October 27 , copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this '29th , day of October , 19�_• orothy M. a , City Clerk •> fir,. P� ' f i 06404 ; tea- i_PLiziL 1-i ti �i�t i�T <+ - { T 186-304- oto HINSHAW & CULBERTSON PIPER JAFFRAY TOWER APPLETON,WISCONSIN SUITE 3100 MIAMI,FLORIDA BELLEVILLE,ILLINOIS 222 SOUTH NINTH STREET MILWAUKEE,WISCONSIN BLOOMINGTON,ILLINOIS MINNEAPOLIS,MINNESOTA 55402 MUNSTER,INDIANA BROOKFIELD,WISCONSIN PEORIA,ILLINOIS CHAMPAIGN,ILLINOIS 612.333.3434 - • PHOENIX,ARIZONA - CHICAGO,ILLINOIS TELEFAX:612.295.0398 - '--- -'-- ' -�� ROCKFORD,ILLINOIS CRYSTAL LAKE,ILLINOIS ST.LOUIS,MISSOURI q FT.LAUDERDALE,FLORIDA 1 y?9 SAN FRANCISCO,CALIFORNIA JACKSONVILLE,FLORIDA SPRINGFIELD,ILLINOIS JOLIET,ILLINOIS LAKE GENEVA,WISCONSIN Nancy Chadwick t!I 1 ` V/ LJ�Il./i w WAUKEGAN,ILLINOIS LISLE,ILLINOIS Direct: 612.295.0660 nchadwick@onrampinc.net November 29, 1999 Carole A. Haseman, Deputy City Clerk City of Orono P.O. Box 66 Crystal Bay, MN 55323-0066 Re: Recorded Resolutions Our File No. 752031 Dear Carole: Enclosed please find attested copies of the following resolutions that were recorded in both the offices of the Hennepin County Recorder and Registrar of Titles: 1. Resolution No. 3987 (City File No. 2301) recorded on December 4, 1998, as Document No. 7015040 in the office of the Hennepin County Recorder and on January 26, 1999, as Document No. 3113788 in the office of the Hennepin County Registrar of Titles; 2. Resolution No. 4146 (City File No. 2398), recorded on January 7, 1999, as Document No. 7034263 in the office of the Hennepin County Recorder and on January 26, 1999, as Document No. 3113789 in the office of the Hennepin County Registrar of Titles; and 3. Resolution No. 4140 (City File No. 2388) recorded December 3, 1998, as Document No. 7014368 in the office of the Hennepin County Recorder and on January 26, 1999, as Document No. 3113787 in the office of the Hennepin County Registrar of Titles. I have also enclosed certified copies of the following resolutions that were recorded on September 16, 1999, in the office of the Hennepin County Recorder: 1. Resolution No. 4293 (City File No. 2483) recorded as Document No. 7182544; 2. Resolution No. 4243 (City File No. 2455) recorded as Document No. 7182549; 3. Resolution No. 4213 (City File No. 2395) recorded as Document No. 7182550; 4. Resolution No. 4242 (City File No. 2454) recorded as Document No. 7182551; and 5. Resolution No. 4323 (City File No. 2502) recorded as Document No. 7182552. Carole Haseman November 29, 1999 Page 2 Upon your receipt of the enclosed,recorded documents please do not hesitate to call me if you have any questions. Very�truly yours, N �cyyL. Chadwick Paralegal Enclosure cc: Thomas J. Barrett, Esq. O O ti CITYof ORONO RESOLUTION OF THE CITY COUNCIL 9kESH0 NO. 3987 TRANSFER ENTERED HiNEMN COUNTY TAXPAYER SERVICES A RESOLUTION GRANTING VARIANCES TO Nov MUNICIPAL ZONING CODE SECTIONS 10.22, SUBDIVISIONS 2, 10.55, BY SUBDIVISION 8, AND 10.56, SUBDIVISION 16 (C & L)""Orr AND GRANTING APPROVAL FOR IMPROVEMENTS IN THE CITY RIGHT-OF-WAY PER MUNICIPAL CODE SECTIONS 6.05, 6.07, AND 6.09 FILE #2301 WHEREAS, Gerald McCourtney (hereinafter "the applicant") is owner of the property located at 1055 West Ferndale Road within the City of Orono (hereinafter "City") and legally described as follows: Exhibit A attached (hereinafter "the property"); and WHEREAS, the applicant has applied for variances to Municipal Zoning Code Sections 10.22, Subdivision 2, 10.55, Subdivision 8, and 10.56, Subdivision 16 (C & L) to increase hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed, and to place a gateway structure within 75' of the lake where no structure or fence is normally allowed; and is requesting permission per Municipal Code Section 6.05, Subdivision 9 to expand the width of an approach for the existing driveway which already exceeds the 20' approach width limitation; and is requesting a permit per Municipal Code Sections 6.07 and 6.09 for construction of a gateway and planting of trees within the right-of-way of West Ferndale Road. NOW, THEREFORE, BE IT RESOLVED by the City Council of Orono, Minnesota: FINDINGS 1. This application was reviewed as Zoning File #2301. 2. The property is located in the LR-lA, Single Family Lakeshore Residential Zoning District. Page 1 of 6 0 0 b - CITYof ORONO ti �� G~ RESOLUTION OF THE CITY COUNCIL SH04� NO. -1987 3. The Orono Planning Commission reviewed this application on October 20, 1997, and recommended approval of the requested variances based upon the following findings: A. The 66' right-of-way of West Ferndale Road is unusually wide because it was formerly a County Road, and placement of an arborvitae hedge 15' from the paved traveled roadway will have no impact on traffic safety or road maintenance. B. The approval for an arborvitae hedge 15' from the paved traveled roadway is similar in character to a fence recently approved for the adjacent property to the east which was required to be located 15' from the paved traveled roadway. C. Construction of a gate to provide yard maintenance access to the property, with such gate located within the right-of-way but 23' from the paved traveled roadway, is appropriate as long as there is no accompanying paving, gravel, or other hard surface associated with the gateway. D. Although applicant's existing driveway apron is 40' in width where City code would normally allow only a 20' wide apron, the existing apron was approved by prior Council action. The proposed 130 s.f. expansion does not impact safety or maintenance of Ferndale Road. The additional 130 s.f. of hardcover is more than offset by applicant's prior removal of approximately 1,373 s.f. of hardcover by the recent removal of the pre-existing Skarp residence, driveway, sidewalks, and related hardcover. E. The two tax parcels must be legally combined in order that the improvements are on the same lot as the principal structure. 4. The City Council has considered this application including the findings and recommendations of the Planning Commission, reports by City staff, comments by the applicant and the effect of the proposed variance on the health, safety and welfare of the community. Page 2 of 6 0 0 : CITY of ORONO ti RESOLUTION OF THE CITY COUNCIL t�kESH0 NO. 3 0987 5. The City Council finds that the conditions existing on this property are peculiar to it and do not apply generally to other property in this zoning district; that granting the variance would not adversely affect traffic conditions, light, air nor pose a fire hazard or other danger to neighboring property; would not merely serve as a convenience to the applicant, but is necessary to alleviate a demonstrable hardship or difficulty; is necessary to preserve a substantial property right of the applicant; and would be in keeping with the spirit and intent of the Zoning Code and Comprehensive Plan of the City. CONCLUSIONS, ORDER AND CONDITIONS Based upon one or more of the findings noted above, the Orono City Council hereby grants variances to Municipal Zoning Code Sections 10.22, Subdivision 2, 10.55, Subdivision 8, and 10.56, Subdivision 16 (C & L) to increase hardcover in the 75-250' zone in excess of the 25% hardcover normally allowed, and to place a gateway structure within 75' of the lake where no structure or fence is normally allowed; and grants permission per Municipal Code Sections 6.05, Subdivision 9 to expand the width of an approach for the existing driveway which already exceeds the 20' approach width limitation; and grants a permit per Municipal Code Sections 6.07 and 6.09 for construction of a gateway and planting of trees within the right-of-way of West Ferndale Road, subject to the following conditions: 1. The only additional hardcover approved with the variance approval is 130 s.f. of expanded driveway apron within the right-of-way of West Ferndale Road, as well as the gateway structure at the east end of the property which shall have hardcover impact of less than 10 s.f. Applicant is advised that any future requests for hardcover on the property or within the adjacent right-of-way will require a new application and further review and approval by the City. 2. The arborvitae hedge shall be planted on a centerline at least 15' from the paved portion of Ferndale Road. The proposed gateway shall be constructed 23' from the paved roadway as proposed. The approaches to said gateway shall remain in a non-hardcover grass surface. 3. Applicant shall legally combine all tax parcels which comprise the property. Page 3 of 6 0 0 " 'M CITYof ORONO ti RESOLUTION OF THE CITY COUNCIL �9kESH0g� NO. a 9 8 4. Applicant shall execute a hold harmless agreement with regards to improvements allowed within the right-of-way per this approval. 5. Authorities granted by this variance run with the property not with the applicant, but are permissive only and must be exercised by application for a building permit within one year of the date of Council approval, or this variance will expire on that date (October 27, 1998). 6. Violation of or non-compliance with any of the terms and conditions of this resolution shall constitute a violation of the zoning code, shall automatically terminate any authority granted herein, and shall be punishable as a misdemeanor. 7. The undersigned applicant has read, understood and hereby agrees to the terms of this resolution and on behalf of himself, his heirs, successors and assigns, hereby agrees to the recording of this resolution in the chain of title of the property. Adopted by the Orono City Council on this 27th day of October, 1997. ti A ST: z/ od - ",-)k- a / Dorothy M. lin, City Clerk Gabn Jabbour, May Property Owner(s) !' STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me on this 27th day of October, 1997, by Gabriel Jabbour & Dorothy M. Hallin, Mayor & City Clerk of the City of Orono, a Minnesota municipal corporation and said instrument was executed on behalf of the City. , LINDA S.VEE Notary Public • NOTARY PUBLIC-MINNESOTA HENNEPIN COUNTY My Commission Expires Jan.31,2000 �� Page 4 of 6 ' V O O a � CITYof ORONO ti �� G~ RESOLUTION OF THE CITY COUNCIL ��kES10 NO. e3987 STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) On this ! �`'i day of 199 before me a Notary Public within and for said county,personally appeared known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. . LifaD?.S.VSE / t ( I NOTARY PUE!IC ESOTA 1 -" L :_<_, f; HENINE I,4 Cc + NOTARY PUBLIC l W; Cemmisson Ezr STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) On this /J, 'day of /L47,zyt,- A , 1991 before me a Notary Public within and for said county,personally appeared ` ' cox e known to me to be the person(s) described in and who executed the foregoing instrument,and acknowledged that he (they) executed the same as his (their) free act and deed. NOTARY PUBLIC . _• . J"L Co Nd3G8h=Ejw31.2W= Page 5 of 6 A "So LK114 h1� M6, LEGAL DESCRIPTION OF PREMISES: Tract B. Registered Land Survey No. 1372, files of Trgistrar of Titles, Hennepin County, minnesota, ALSO That part of Lot 11, North Shore Cottage Acres, Lake Minnetonka, described as follows: Beginning at the Southeast corner of said Lot 11; thence Westerly along the outh shore line of said Lot 100 feet; thence Northerly on a straight line to a point on the North line of said Lot 95 feet from the Northeast corner of said Lot 11; thence Southeasterly along said North line to the Northeast corner of said Lot; thence Southerly along the East line of said Lot 32.5 feet to place of beginning. RESOLUTION �? STATE OF MINNESOTA ) COUNTY OF HENNEPIN ) CITY OF ORONO ) I, Dorothy M. Hallin, City Clerk of the City of Orono, Hennepin County, Minnesota, do hereby certify that I have compared the foregoing copy of a resolution of the City Council of the City of Orono with the original record of such resolution in the Minutes of the proceedings of said City Council at a meetingand ofsaid the same is a�truel held on and correct October 27 1997 copy of said resolution duly adopted by said City Council at said meeting. In Witness Whereof, I have hereunto set my hand and seal this '29th , day of October 19 97 orothy M. a , City Clerk (SEAL) l� OQ� 3113788 fit•^ h.r..;., y� JAN 42 6 1999 ) -1 I n. _ 0