Committee of Adjustment Minutes

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Remote meeting live streamed
on guelph.ca/live
Members Present
  • K. Ash, Chair
  • D. Kendrick, Vice Chair
  • S. Dykstra
  • D. Gundrum
  • L. Janis
  • K. Meads
  • J. Smith
Staff Present
  • B. Bond, Zoning Inspector
  • J. da Silva, Council and Committee Assistant
  • S. Daniel, Engineering Technologist
  • T. Di Lullo, Secretary-Treasurer
  • D. McMahon, Deputy City Clerk
  • K. Patzer, Planner
  • L. Sulatycki, Planner

Chair K. Ash called the meeting to order. (4:01 p.m.)

Chair K. Ash explained the hearing procedures and Secretary-Treasurer T. Di Lullo conducted attendance by roll call and confirmed quorum.

Member L. Janis joined the remote hearing. (4:03 p.m.)

There were no requests.

Owner: 2431901 Ontario Inc.

Agent: Joe Lakatos, A. J. Lakatos Planning Consultants

Location: 455 Watson Park North

In Attendance: J. Lakatos, M. Wildeboer

Chair K. Ash questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. J. Lakatos, agent, responded that the sign was posted and comments were received. He indicated that concerns from nearby residents have been addressed through the site plan process.

After a brief break to allow members of the public to express interest in speaking to the application, a member of the public spoke via electronic participation.

M. Wildeboer, resident on Severn Drive, expressed concerns regarding the noise that the proposed development could create and the proximity of a propane refilling station abutting residential dwellings.

Member S. Dykstra requested that a condition be added limiting the size of the outdoor patio to conform with the public notice sketch.

  • Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

    Moved by S. Dykstra

    Seconded by K. Meads

    That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Sections 4.13.4.1, 4.13.4.2 and 4.17.2.1 of Zoning By-law (1995)-14864, as amended, for 455 Watson Parkway North, to permit:

    1. a minimum of 79 parking spaces for the proposed vehicle gas bar, convenience store, automatic carwash, retail establishment, and restaurant uses, when the By-law requires that 1 parking space per 16.5 square metres of gross floor area for a service commercial mall (convenience store, retail establishment, and vehicle gas bar) and 1 parking space per 7.5 square metres of gross floor area for a restaurant [total of 82 parking spaces required for the convenience store, retail establishment, vehicle gas bar and restaurant];
    2. a minimum of 10 waiting spaces for the proposed single bay automatic carwash, when the By-law requires that 5 parking spaces plus 15 waiting spaces per bay for an automatic car wash,
    3. an outdoor patio associated with a restaurant on a property where two lot lines adjoin lands in a residential zone, when the By-law requires that that no outdoor patio shall be permitted where more than 1 lot line adjoins lands which are in a residential zone.

    be approved, subject to the following condition:

    1. That the size of the outdoor patio be generally in accordance with the public notice sketch.

    Reasons:

    This application is approved as it is the opinion of the Committee that, with the above noted condition of approval, this application meets all four tests under Section 45(1) of the Planning Act.

    Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

    Carried

Owner: Christie Huggins, John Emslie, Dorothy Bakker and Danny Lui

Agent: Don Huggins

Location: 9 Queensdale Crescent

In Attendance: D. Huggins

Chair K. Ash questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. D. Huggins, agent, responded that the sign was posted and comments were received.

After a brief break to allow members of the public to express interest in speaking to the application, no members of the public spoke via electronic participation.

  • Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

    Moved by J. Smith

    Seconded by L. Janis

    That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Section 4.15.1.5 of Zoning By-law (1995)-14864, as amended, for 9 Queensdale Crescent, to permit an accessory apartment size of 89.5 square metres, or 43.7 percent of the total floor area of the existing detached dwelling, when the By-law requires that an accessory apartment shall not exceed 45 percent of the total floor area of the building and shall not exceed a maximum of 80 square metres in floor area, whichever is lesser, be approved.

    Reasons:

    This application is approved, as it is the opinion of the Committee that this application meets all four tests under Section 45(1) of the Planning Act.

    Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

    Carried

Owner: 2437637 Ontario Inc.

Agent: Wajid Mansuri, Gama Engineering Inc.

Location: 327 Woodlawn Road West

In Attendance: W. Mansuri, J. Alie

Chair K. Ash questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. W. Mansuri, agent, responded that the sign was posted and comments were received.

J. Alie, owner of the property, indicated the general intent and purpose of the application.

After a brief break to allow members of the public to express interest in speaking to the application, no members of the public spoke via electronic participation.

  • Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

    Moved by D. Kendrick

    Seconded by S. Dykstra

    That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Sections 4.17.2.6 and 4.20.3 of Zoning By-law (1995)-14864, as amended, for 327 Woodlawn Road West, to permit:

    1. an outdoor patio of up to 60 square metres to be located outside the building envelope [3 metre setback from the front lot line along Regal Road], when the By-law requires that where permitted, outdoor patios shall be permitted within the building envelope of the development on the site; and
    2. a fence with a maximum height of 1.42 metres in the front yard for the proposed outdoor patio, when the By-law requires that a fence located in a front yard, side yard or exterior side yard shall not be within 4 metres of a street line unless the height of such fence is less than 0.8 metres,

    be approved, subject to the following condition:

    1. That the outdoor patio be located within the general area shown on the Public Notice sketch.

    Reasons:

    This application is approved, as it is the opinion of the Committee that, with the above noted condition of approval, this application meets all four tests under Section 45(1) of the Planning Act.

    Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

    Carried

Owner: Gino and Laura Busato

Agent: Shawn Sawatzky, Tropical Sunrooms Inc.

Location: 22 Washburn Drive

In Attendance: S. Sawatzky

Chair K. Ash questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. S. Sawatzky, agent, responded that the sign was posted and comments were received.

After a brief break to allow members of the public to express interest in speaking to the application, no members of the public spoke via electronic participation.

  • Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

    Moved by D. Gundrum

    Seconded by J. Smith

    That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Table 5.1.2 Row 8 of Zoning By-law (1995)-14864, as amended, for 22 Washburn Drive, to permit a minimum rear yard setback of 5.7 metres for the proposed one-storey addition to the rear of the existing detached dwelling, when the By-law requires a minimum rear yard setback of 7.5 metres or 20 percent of the lot depth [being 6.76 metres], whichever is less, be approved, subject to the following condition:

    1. That the permitted rear yard setback of 5.7 metres apply only to the proposed sunroom as shown on the Public Notice sketch.

    Reasons:

    This application is approved, as it is the opinion of the Committee that, with the above noted condition of approval, this application meets all four tests under Section 45(1) of the Planning Act.

    Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

    Carried

Owner: Besnik Prebreza and Alend Azad Salim

Agent: Jeff Buisman, Van Harten Surveying Inc.

Location: 151 Cityview Drive North

In Attendance: J. Buisman, S. Osmond

Chair K. Ash questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. J. Buisman, agent, responded that the sign was posted and comments were received. He explained the purpose of the application.

S. Osmond, resident on Cityview Drive North, expressed concerns with regards to the reduction of lot area, depreciation of property value, and the impact on water supply and quality due to the proposed development.

After a brief break to allow members of the public to express interest in speaking to the application, no other members of the public spoke via electronic participation.

  • B-14/20 151 Cityview Drive North

    Having had regard to the matters under Section 51(24) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended, and having considered whether a plan of subdivision of the land in accordance with Section 51 of the said Act is necessary for the proper and orderly development of the land,

    Moved by D. Kendrick

    Seconded by D. Gundrum

    That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of Lot 19, Registered Plan 462, currently known as 151 Cityview Drive North, a parcel with frontage along Cityview Drive North of 10.8 metres and an area of 681 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc. dated October 21, 2020, project number 28707-20, be approved, subject to the following conditions:

    1. That a plan shall be submitted to, and approved by the General Manager of Planning and Building Services, prior to the issuance of a building permit for the new dwellings on the "severed" and "retained" parcels indicating the location and design of the new dwellings.
    2. That prior to the issuance of a building permit, elevation and design drawings for the new dwellings on the “severed” and “retained” parcels shall be submitted to, and approved by the General Manager of Planning and Building Services.
    3. That prior to the issuance of the Certificate of Official, the Owner shall enter into an agreement with the City, registered on title, agreeing to satisfy the above and below noted conditions and to develop the site in accordance with the approved plans.
    4. That prior to the issuance of the Certificate of Official, the Owner shall have a Professional Engineer design a stormwater management brief for the proposed development, satisfactory to the General Manager/City Engineer.
    5. That prior to any construction or grading on the lands, the Owner shall construct, install and maintain erosion and sediment control facilities, satisfactory to the General Manager/City Engineer, in accordance with a plan that has been submitted to and approved by the General Manager/City Engineer.
    6. That prior to the issuance of the Certificate of Official, the Owner shall have a Professional Engineer design a grading/drainage and servicing plan for the site, satisfactory to the General Manager/City Engineer.
    7. That the Owner shall pay to the City the actual cost of the construction of the new driveways including the required curb cut and/or fill and furthermore, prior to issuance of building permit or prior to any construction or grading on the lands, the Owner shall pay the City the estimated cost for constructing the new driveways including the required curb cut and/or fill, as determined by the General Manager/City Engineer.
    8. That the Owner shall pay the City the actual cost of constructing, installing or removal of any service laterals required and furthermore, prior to issuance of building permit or prior to any construction or grading on the lands, the Owner shall pay the City the estimated cost of constructing, installing or removal of any service laterals, as determined by the General Manager/City Engineer.
    9. That the Owner will ensure that all domestic wells, boreholes and monitoring wells installed for hydrogeological or geotechnical investigations are properly decommissioned in accordance with current Ministry of the Environment regulations (O. Reg. 903 as amended) and to the satisfaction of the General Manager/City Engineer, prior to any construction or grading on the lands.
    10. That the Owner constructs the new buildings at such an elevation that the lowest level of the new buildings can be serviced with a gravity connection to the sanitary sewer.
    11. That the Owner acknowledges that the City does not allow retaining walls higher than 1.0-metre abutting existing residential properties without the permission of the General Manager/City Engineer.
    12. That the Owner makes satisfactory arrangements with Union Gas for the servicing of the lands, as well as provisions for any easements and/or rights-of-way for their plants, prior to the issuance of any building permits.
    13. That the Owner shall ensure that all telephone service and cable TV service on the lands shall be underground. The Owner shall enter into a servicing agreement with the appropriate service providers for the installation of underground utility services, prior to the issuance of any building permits.
    14. That prior to the insurance of a building permit, the applicant makes satisfactory arrangements with the ICI and Layouts Department at Alectra Utilities for the underground servicing of the two newly created lots. A servicing agreement and design prepayment will be required between Alectra Utilities and the applicant prior to any design work commencing. The servicing costs would be at the applicant’s expense.
    15. That minor variance application A-51/20 is approved at the same time as the consent application, and become final and binding.
    16. That all required fees and charges in respect of the registration of all documents required in respect of this approval and administration fee be paid, prior to the issuance of the Certificate of Official.
    17. That the Secretary-Treasurer of the Committee of Adjustment be provided with a written undertaking from the applicant's solicitor, prior to the issuance of the Certificate of Official, that he/she will provide a copy of the registered instrument as registered in the Land Registry Office within two years of issuance of the Certificate of Official, or prior to the issuance of a building permit (if applicable), whichever occurs first.
    18. That prior to the issuance of the Certificate of Official, a Reference Plan be prepared, deposited and filed with the Secretary-Treasurer which shall indicate the boundaries of the severed parcel, any easements/rights-of-way and building locations. The submission must also include a digital copy of the deposited Reference Plan (version ACAD 2010) which can be forwarded by email (cofa@guelph.ca).
    19. That upon fulfilling and complying with all of the above-noted conditions, the documents to finalize and register the transaction be presented to the Secretary-Treasurer of the Committee of Adjustment along with the administration fee required for the issuance of the Certificate of Official.

    Reasons:

    This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets the criteria of section 51(24) of the Planning Act to which all consent applications must adhere.

    Any and all written submissions relating to this application that were made to the Committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

    Carried
  • A-51/20 151 Cityview Drive North

    Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

    Moved by D. Kendrick

    Seconded by D. Gundrum

    That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Table 5.1.2 Row 4 of Zoning By-law (1995)-14864, as amended, for 151 Cityview Drive North, to permit a minimum lot frontage of 10.8 metres for the severed parcel, when the By-law requires a minimum lot frontage of 12 metres, be approved, subject to the following condition:

    1. That consent application B-14/20 receives final certification of the Secretary-Treasurer and be registered on title.

    Reasons:

    This application is approved, as it is the opinion of the Committee that, with the above noted condition of approval, this application meets all four tests under Section 45(1) of the Planning Act.

    Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

    Carried

Owner: Cynthia Van Hellemond and Mae Abdalla

Agent: Jeff Buisman, Van Harten Surveying Inc.

Location: 25 Heather Avenue

In Attendance: J. Buisman, G. Worton, V. Gal

Secretary-Treasurer T. Di Lullo noted that correspondence was received after the comment deadline from J. Buisman, agent, and V. and I. Gal, resident on Heather Avenue, with concerns about the application. A copy of this correspondence was circulated to staff, committee members and the applicant.

Chair K. Ash questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. J. Buisman, agent, responded that the sign was posted and comments were received. He explained the purpose of the application and the need for the related minor variances.

G. Worton, prospective purchaser of the proposed severed lot, spoke in support of the application and indicated the benefits of the proposed development.

V. Gal, resident on Heather Avenue, expressed that variances requested are not minor and indicated concerns with the proposed lot area of the proposed severed lot.

  • B-15/20 25 Heather Avenue

    Having had regard to the matters under Section 51(24) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended, and having considered whether a plan of subdivision of the land in accordance with Section 51 of the said Act is necessary for the proper and orderly development of the land,

    Moved by J. Smith

    Seconded by L. Janis

    That in the matter of an application under Section 53(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, consent for severance of Lot 4, Registered Plan 481, currently known as 25 Heather Avenue, a parcel with frontage along Floral Drive of 15.3 metres, a depth of 25.9 metres, and an area of 396 square metres, substantially in accordance with a sketch prepared by Van Harten Surveying Inc. dated October 22, 2020, project number 28502-20, be refused.

    Reasons:

    This consent application is refused, as it is the opinion of the Committee that this application does not meet the criteria under section 51(24) of the Planning Act to which all consent applications must adhere, specifically being that the application does not meet the consent policies as set out in the Official Plan, as outlined in the staff comments document.

    Any and all written submissions relating to this application that were made to the Committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

    Carried
  • A-52/20 25 Heather Avenue

    Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

    Moved by J. Smith

    Seconded by L. Janis

    That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Table 5.1.2 Row 3 of Zoning By-law (1995)-14864, as amended, for 25 Heather Avenue (proposed severed parcel), to permit a minimum lot area of 396 square metres, when the By-law requires a minimum lot area of 460 square metres in the Residential Single Detached (R.1B) Zone, be refused.

    Reasons:

    This minor variance application is refused, as it is the opinion of the Committee that this application does not meet all four tests under Section 45(1) of the Planning Act, specifically being that the requested variance does not conform to the general intent and purpose of the Official Plan, does not meet the general intent and purpose of the Zoning By-law, is not considered to be desirable for the appropriate development of the land, and is not considered to be minor in nature, as outlined in the staff comments document.

    Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

    Carried
  • A-53/20 25 Heather Avenue

    Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

    Moved by J. Smith

    Seconded by L. Janis

    That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, variances from the requirements of Table 5.1.2 Row 8 and Section 4.13.2.1 of Zoning By-law (1995)-14864, as amended, for 25 Heather Avenue (proposed retained parcel), to permit:

    1. a minimum rear yard setback of 2.7 metres, when the By-law requires that a minimum rear yard setback of 7.5 metres or 20 percent of the lot depth [being 5.2 metres], whichever is less; and 
    2. the required parking space to be located a minimum distance of 1.8 metres from the street line and to the front of the front wall of the dwelling, when the By-law requires that in a R.1, R.2 and R.3B zone, every required parking space shall be located a minimum distance of 6 metres from the street line and to the rear of the front wall of the main building,

    be refused.

    Reasons:

    This minor variance application is refused, as it is the opinion of the Committee that this application does not meet all four tests under Section 45(1) of the Planning Act, specifically being that the requested variances do not conform to the general intent and purpose of the Official Plan, do not meet the general intent and purpose of the Zoning By-law, are not considered to be desirable for the appropriate development of the land, and are not considered to be minor in nature, as outlined in the staff comments document

    Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

    Carried

Owner: Stephen and Tina Gill

Agent: N/A

Location: 64 Bishop Court

In Attendance: S. Gill

Chair K. Ash questioned if the sign had been posted in accordance with Planning Act requirements and if the staff comments were received. S. Gill, owner, responded that the sign was posted and comments were received.

After a brief break to allow members of the public to express interest in speaking to the application, no members of the public spoke via electronic participation.

  • Having considered whether or not the variance(s) requested are minor and desirable for the appropriate development and use of the land and that the general intent and purpose of the Zoning By-law and the Official Plan will be maintained, and that this application has met the requirements of Section 45(1) of the Planning Act, R.S.O. 1990, Chapter P.13 as amended,

    Moved by J. Smith

    Seconded by D. Kendrick

    That in the matter of an application under Section 45(1) of the Planning Act, R.S.O. 1990, c.P13, as amended, a variance from the requirements of Section 4.5.5.3 of Zoning By-law (1995)-14864, as amended, for 64 Bishop Court, to permit a the existing above-ground pool with the existing associated deck to be setback a minimum of 0.0 metres from the rear lot line, when the By-law requires that every swimming pool or hot tub shall be located a minimum of 1.5 metres from any lot line; and any decking associated with the pool that is above 0.6 metres from finished grade, shall be located a minimum 1.5 metres from a lot line, be approved, subject to the following conditions:

    1. That the owner(s) shall enter into, or amend any existing, encroachment agreement(s) in accordance with City Lands Encroachments By-law (2009)-18799, as may be amended from time to time, or any successor By-law(s) thereto, at the discretion of the City and to the satisfaction of the City Solicitor, for any and all actual or proposed encroachments within the City’s right of way.
    2. That the variance applies for a maximum time period of 10 years.

    Reasons:

    This application is approved, as it is the opinion of the Committee that, with the above noted conditions of approval, this application meets all four tests under Section 45(1) of the Planning Act.

    Any and all written submissions relating to this application that were made to the committee of Adjustment before its decision and any and all oral submissions related to this application that were made at a public hearing, held under the Planning Act, have been, on balance, taken into consideration by the Committee of Adjustment as part of its deliberations and final decision on this matter.

    Carried

Secretary-Treasurer, T. Di Lullo, noted that a request was received from the agent of 455 Watson Parkway North for file A-22/20 to refund the deferral fee.

  • Moved by D. Kendrick

    Seconded by J. Smith

    That the request to refund the deferral fee ($297.00) for minor variance file A-22/20 (455 Watson Parkway North) be refused.

    Carried

There were no announcements.

  • Moved by L. Janis

    Seconded by S. Dykstra

    That this hearing of the Committee of Adjustment be adjourned. (6:38 p.m.)

    Carried
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