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HOP 1-79 400 D: !E'H CUSTOM MEAT CUTTING Home Occupation Permit: (HOP 1-79) ecr , eua w,�:atm�c►s,mrx�,a : Diane C.iiec AtLyr"- of lc A TNe fbrthnd Center 150 SOUOVest I OrrGcn Rxtbrd C)eg.)n 97201 (5031-222-2117 December 5, 1979 Mr. Aldie Howard, Planning Director City of Tigard P.O. Box 23397 Tigard, Or-,gon 97223 Dear Mr. Howa-d: In ro,sponse to your letter regarding my client, David Isom, in all due respect, I suggest that you have missed the point of our letter and I would greatly appreciate and strongly urge that you discuss this matter at length with the City Attorney. Be assured that I shall. be willing to discuss this with the two of you if you see fit. Nonetheless, I do feel strongly that the position which we urged regarding Mr. Isom' s building process is lawfully correct and it will be our intentions to proceed in that direction. I should be appreciative to hear from you at your earliest convenience. Sincerely, // llA �� 0� -* /..J,s Diane Spies cc: David Isom ,c)e Bailey, City Attorney CITY ®F 'i"I GAR D P.O. Box 23397 12420 S.W. Main Tigard,Oregon 97223 November 28, 1979 Ms. Diane Spies Attorney At Law The Portland Center 150 Southwest Harrison Portland, Oregon 97201 Reference: Letter from Diane Spies, Attorney on behalf of Mr. David Isom of 11765 SW Summercrest, Tigard Dear Ms. Spies: In my letter to Mr. Isom dated September 26, 1979, I stated very clearly what my concer,.s were. All of the conditions placed upon development were discussed with your client and he agreed with them. My questioning of Mr. Isom lead me to believe that he intended to enlarge his operation and was considering a retail operation in the future. He admitted that he had been "processing" animals in his garage fox some time. This activity has been carried on without a Business License in the past. Note that the Planning Department did not "approve" the recent Business License Application. Mr. Isom and I discus-sed this operation and its relationship to surrounding property. I -added the "petition" condition, feeling that he would be 'protected' to some degree from the chanties of property ownership in his area. Note that the City ould have placed a Stop Order on his prcject. I cho,;e not to do that. Obviously, the review by the Planning Commission could "legalize" the operation or terminate it. I have not ignored Mr. Isom's rights. I am not being confiscatory either. Should Mr. Isom continue to build and operate his business under the present Business License #14448, wit: would probably not issue a new license in July of 1980. At that time, he could appeal my decision to the Planning Commission and then appeal that decision, should it be negative, to the City Council. One complaint by one neighbor would be enough to cause the Planning Commission or the Council to deny his license cruse of his prop%rty in this regard. My approach seemed to me to be the best under thF: circumstances - talk with the applicant, caution him concerning the operation, review it followinq this year's operation to resolve problems, and take it to the Planning Commission. Mr. Isom realized the ramifications of his actions. He designed the building as an "alternate to the family room". I explained my hesitancy to approve this Use in my letter to him. All this not to say that the Planning Page 2 Commission might not approve a "limited seasonal operation". Once he was officially sanctioned, he would be protected to some degree. As it is now, one of his neighbors could file a complaint and we would be forced to close the operation as a Pilon-conforming Use in a r< sident:ial arca. I am suggesting that I tried to protect your client from hostility. How do I justify the issuance of an Occupancy Permit for this structure knowing that it is clearly against the intent of the Code? I cannot. Ms. Spies, I sucge.�t that Mr. Isom sign the acknowledgement letter and return it to me. In February a complete report will be made to t.ne Planning Commission and we shall live with their decision or appeal it to the Council. Yours truly, ^ Al d' o/ward Manning Director AHvmc LANDIS, AEBI BAILEY LAWYERS 1516 GEORGIA PACIFIC BUILDING PORTLAND, OREGON 87204 TELEPHONE(503)E24-6532 DAVID C.LANDIS FRED M.AEBI JOE D.BAILEY JOHN C.MERCER JAMES M.CALLAHAN November 16 , 1979 Mr. Aldie Howard Planning Director P.O. Box 23397 Tigard, OR 97223 Re: City of Tigard - Dave' s Custom Meat Cutting Dear. A.ldie : I am enclosing a copy of a letter I received today from Diane Spies, a lawyer representing David Isom. 1 am sure you Eire not suprised that we have a problem on our hands with this one. You and I should arrange to get together early next week to organize our appro«cb to this. If I don' t see you before Monday night I will taiK to you then about it. Very truly yours , Q.Zy, a0e D. Bailey JDB:pb Enclosure Diane Spies Atkxney at Law L It D The bribryJ Center L50 Southwest Harrison R i tiond Oegon 97201 0503.222-2117 November 15, 1979 Joe Bailey, Attorney City of Tigard 1516 Georgia Pacific Bldg. Portland, Oregon 97204 Dear Joe: This office has been retained by David Isom, 11765 S.W. Summercr-est, Tigard. In May of this year, Mr. Isom contacted the City of Tigard regarding the feasibility to construct and operate a small meat shop in the rear yard of his residence. He was informed at that time that there were no forseeable problems so long as he did not advertise on the property. Ile was also informed that he could and would receive a business license for conducting a business for any purpose. During the last week of August, Mr. Isom submitted to the City of Tigard Planning Department, plans for this specific purpose. The Planning Department approved these plans and forwarded them to the Building Department who in turn approved these plans on September 5th, 1979 and I enclose a stamped copy of those blueprints. Building Permit No. 2894 was issued on September 5th, 1979; Plumbing Permit No. 1965 was issued on September 11th, 1979; a business license with expiration date of June 30th, 1980 was issued on September 21st, 1979; an electrical permit was issued on September 27th, 1979. A copy of each of these permits is attached and referenced hereto. Once these permits had issued, Mr. Isom began construction on the plumbing, foundation etc. . The plumbing was completed September 22., 1979 and the Plumbing Inspector was notified, made the inspection and approved that plumbing on September 24th. Mr. Joe Bailey -2- November 15, 1979 The subsequent date of Septembei 25th, Mr. Isom received a telephone call from Mr. Irwin of your City, notifying that there was a problem which he should discuss with the Planning Department. Subsequent to a discussion with the Planning Dept. Mr. Isom received a letter,which is attached, from Mr. Howard who apparently is the Planning Department head. As I am sure you will conclude, Mr. Isom proceeded appropriately, relied upon all informati .)n received by the City of Tigard and has an absolute right to proceed. Mr. Howard' s letter ignores those rights of Mr. Isom' s which have vested insofar as construction is well under way and his rights in that regard have vested. Mr. Isom relied upon each and every action of the City to his detriment and appropriately so. Mr. Howard' s interpretations are incorrect and as is applied to Mr. Isom are confiscatory and cannot be enforced. I should be grateful to hear from you imminently regarding Mr. Isom' s right to proceed regarding the construction of his property. You would be well advised to know that Mr. Isom is in the neighborhood of 40% complete vis a vis his financial investment. It is necessary and appropriate that he proceed immediately. Sincerely, Diane Spies DWS/lk enclosures Done SpeS t` STATE OF OREGON DEPARTMENT OF CON,..IERCE r BUILDING CODES DIVISION i No. 11253 Date I .,.,.�.....r.a RECEIVED FROM ..,Z...fL:l.`�t�...l..... _.1-�Q_ r r L . ..... ...... ....... _ ....... ..........._............ """ "' r Address `7 •� `l .l' �'!! ' ' ' 3.. ....... J .............................7.. , . ... . . ......................_..... .... The sum of .. . =..� . ..0`!... ..... ......,/.� rr _... / `Y For114e.... .(! , .-�• . L.... . ... . _... .. .. . ... .. . .. ...... . ..... . ........... ................................................... ............. .... .. .......... ...... Gy .. ......r_:,1J1L_" . ..... 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Irrminn' nr r�r luno .rnd \.'1 ort 1 .nnmNer, Ynd rnni�rli r r :hill hfrrrrk. n•i ;ry..r r,r�rl�� 'ilrlrr ul�I ht Ihr tbpdrltnrnl 7 L, •.non.Ided fnr bt lltr Ann 11 r'r I.•I•.r,rlvlr� urr I�,,,rr,rl r /rllld In And uenr J >j 1, Ihr .hu.l frAnrr, ippon1 th•rl loop Hnotol unl rll.rinjn a rlrr Inc it ryul�rlmrnl. Inr•trd u Ilew Ilpd hrn•un, w ill br in u"If..utrr• rr uh Ili \I I\1\}1 �1 �.\r/ f l' �'t A I I. 1-rd F I11/ !'t.1"'THICAI•INET:\LI \f Ila\� - �,,.�.,...��-mss, - - ---�•��-frac.�:+..r.zarrrl�.�r.r.w...rar.r arw,•r..,r-.r�,.+•.raewa.rrrraa.w•+�lwr�+.r..�.�......,._,...rw..rr. -wrrr.wer...w�a.r....�...Moo low•vMM-oosbo a�.wra•.rrwr.�•ear.....��awrpr ail CITY OF TIGARD P.O. Box 23397 12420 S.W. Main Tigard,Oregon 9722.3 September. 26, 1979 Mr. David F. Isom 11765 S.W. Summercrest Drive Tigard, Oregon 97223 REF: HOMEOWNER OCCUPANCY PERMIT #HP' S 1-79 Dear Mr. Isom: This letter is to confirm our discussion concerning your request for permission to operate Dave's Custom Meat Cutting Service at 11765 S.W. Summercrest Drive in this city. Pursuant to Tigard Municipal Code Section 18.20.010, Permitted Uses in a R-7 Zone Subsection (3) Home Occupations, you are hereby granted permission to operate your business if you meet the following conditions: 1. A signed consent petition, including all signatures of persons in your immediate area, shall be submitted to the Planning Director prior to the issuance of an Occupancy Permit. 2. Yearly operation pf your business shall take place only from September first through January fifteenth of the following year. 3. A copy of a license issued to you by the Oregon Department of Agriculture shall be made a part of your yearly business license application. 4. The first year you shall keep complete records of business and discuss with the Planning Director any difficulties encountered in February 1980. 5. All work shall be carried ott in an enclosed area. All storage of rendering materials and rurscards shall be contained within the enclosed area and you shall be responsible to. see that all such materials are disposed of by you. No vehicles will be brought to your location to haul waste materials away from this operation. 6. No exterior advertising shall be in evidence upon your property. 7. Should complaints arise from persons in your immediate area, you hereby agree to discontinue your business following conQletion of the current year's activity. This is a very specific condition and your signature acknowledging these conditions binds you to this agreement. Reference : Hilo 1-79 September 26 , 1979 Pa_ 2 8. No retail business shall be conducted from this location. I am very reluctant to approve this applicatioi, even though you have a building permit. Members of my staff have been severely criticized for encouraging you in this regard. The Building Official has received at least two calls from concerned citizens in your immediate area, and I have a very uneasy feeling about this entire matter. The Tigard Municipal Code in Section 18.20.010 Permitted Uses in R-7 zones does allow some occupations. However, Section 18.08.250 Home Occupation is very specific: "the activity is conducted in such a manner as not to give the outward appearance nor manifest any characteristics of a business in the ordinary meaning of the term nor infringe upon the right of neighboring residents to enjoy the peaceful occupancy of their homes." Section 18.20.020 Conditional. Uses in R-7 zones is more specific. Subsection (9) states: "Following the procedure set forth in Chapter 18.72, (Condi.tional Uses) , a conditional home use may be authorized for certain home occupationacl uses which do not strictly conform to the criteria set forth for home iccupation as defined in Section 18.08.250. It is the intent of this provision to provide the means for request for the city's c:onsider.ation of home occupation type uses when special circumstances e.re present which the applicant feels deserve this consideration. It is the intent of this title that any commercial or industrial operations which would ordinarily be conducted in a commercial or industrial district continue to be conducted in such district and not at home." it is very clear from this that you should apply for a Conditional Use for this operation before the Tigard Planning Commission. Note part.i-ularly the final sentence above. My final condition is this: 9. In February 1980 you shall apply for a Conditional Use Permit for this home occupation and appear befo- the Tigard Planning Commission at a Public Hearing. My reason for this is that to pre-judge your operation doe not seem fair. I stated my reluctance in approving this use in a residential area. I am very concerned that this could blow-up in my face, hence, the severity of the review and my statement to you, that if your neighbors object, you wilt close thry operation. To h�i philisophical in this Instance is natvr�. To state to you that a wild game packing plant in suburbia is not appropriate is reality. My gut feeling is to deny this use outright now and deal with one angry meat cutter, rather than to deal with a dozen angry neighbors if you have difficulty with them. The consent petition will solve one of my concerns and the Planning Commission in February will be the final review, although you will have the right to appeel. their decision to the City Council should you be denied. My staff report for the Commission will reflect our review following your first season in business. Reference FIPO 1-79 September 26, 1979 Page 3 Yours truly Aldie award Planning Director Afivmc Note: The following acknowledgement must be signed and returned to the City of Tigard, Planning Departn,nt, within seven (7) days of your receipt of this letter. Failure to return this acknowledgement will result in no further action on this project with regards to issuance of permits or approval. Signature Date Reference HPO 1-79 September 26, 1979 `��i.'�^.u'i.^r'S^i.►�1'�^.�. ^ �'S-'S�uti�ii'ivrii ♦f. s• � rEE rt r•�h..'� �^r'�.^ SCHEOULE A t 12420 S. W.MA114 CITY OF TIGARD ti TIGARD, OREGON 97223 q n OREGON �2 Your License Expires BUSINESS NAME: OVE—I S CUSTOM MEAT CUTTING 2 ADDRESS: 1176:1 S.I.J. Sulnmarcrest Dr. 6/31J/30 �+ %0. 3rdI Dr 97223 Annual Fee (621]-249) TYPE Of BUSINESS: ;g3at Cu.-ting 2 ' • r'"3 OWNERS NAMI- David F. I3on - ADDRESS THE ABOVE NAMED FIRM OR INDIVIDUAL, UPON PAYMENT OF THE REQUIRED FEE, IS HEREBY AUTHORIZED « TO ENGAGE IN SUCH BUSINESS TRADE PURSUIT OR VOCATION UNDER THE TERMS AND CONDITIONS OF SAID ORDINANCES AND R:GULATIONS UNTIL THE DATE SHOWN ABOVE. t* lipn.two o1 Applit.nt " .01City RetordJ ►� / NOT VALID UNLESf SIGNED AND VALIDATED By `2 �:':.^r�'1:::.:r"..�"�'�',:.'3'k�5�3"r"l�':��.5!183!>~4.�5�tti�!194•J�2�fr�'i^.43ti'.i�ri'i•�`�'T+.'S, 'r<i.�i`.iY�'SG+!�iRiWWJ:��.i''i!itifi^� MOT 11 a CITY TIGARD -: --, BUILDING PERMIT APPLICATION of DATE - 19 THE UNDERSIGNED HEREBY APPLIES FOR APERMIT FOR THE WORK HEREIN INDICATED BUILDER PHONE OR AS SHOWN AND APPROVED IN THE ACCOMPANYING PLANS AND SPECIFICATIONS. OWNPHONE LOTNO ER ,. ua;k GSA— 21L JOB ADDRESS ' r r,,,-,-• -0++ ., =i` HOME ADDRESS _MlTJER ARCHITECT ENGINEER �tJILOEP. ADDRESS DESIGNER i AUCTURE ON ❑RFMCIOEL ❑ADDITION ❑REPAIR ❑RENEWAL [:]FIRE DAMAGE ❑DEMOLITION R5SIOENCE ❑COMM ❑EDUCATIONAL ❑GOV'T ❑RELIGIOUSOPATIO ❑CARPORT ❑GARAGE ❑STOAAGECISLAB [:]FENCE _❑BOND ❑MOVING ❑CONDITIONAL USE []DESIGN REVIEW []COUNCIL APPROVED []SIGNS OCGJP:,l�CY . _ LAND Use ZONE---."—BLDG TYPE FIR=.ZONE= PLAN CHECK BY_ He ATM.- ♦ t - , 1 � ,� 1 t1 ARE NO NEDROO VALUE BUILDING DEPARTMENT SET BACKS FRONT REAR 1 LEFT SIDE !_ RIGHT SIDE Permit f THIS PERMIT IS ISSUED SUBJECT TO THE REGULATIONS CONTAINED IN THE BUILDING CODE, ZONING Plan Cheek - REGULATIONS AND ALL APPLICABLE CODES AND ORDINANCES, AND IT IS HEREBY AGREED THAT THE WORK WILL aE DON5 IN ACCORDANCE WITH THL• PLANS AND SPECIFICATIONS AND IN COSIPLIANCF WITH Subtotal ,- ALL APPLICABLE CC DES AND ORDINANCES. THE ISSUANCE OF THIS PERMIT DOES NOT WAIVE RESTRICTIVE COVENANTS. CONTRACTOR AND SUB CONTRACTORS TO HAVE CURRENT CITY BUSINESS osmmmon Fns CFWFR PLUMBING AND HEATING. • or+i:C.♦r r-riii4G'✓i4 S✓�4♦d-i�iGrr:4LLri'i rr+L'..r iiriLiL4rr i4•'.ri-i i iiLri♦ii'rGOfi•�r•"fi0riri GL GLLS/i:i.i i i i r iii-i iiG•:!S( yti CITY LIC01IMSE 5(A f-3L)LE A 2► ,` 12420 S. W. MAIN TIGARD, OREGON 97223 CITY OF TIGARD 0 OREGON 1. 4 ,1 4 8 r X Your Ucansa Expires �+ ij BUSINESS NAME: DAVE ' 5 CUSTOM MEAT CUTTING t� ADDRESS: 11765 S.W. Summercrest Dr. 6/30/80 Tigard, OR 97223 (620-2649) Annual Fee , TYPE OF BUSINESS: Meat Cutting 24. 00 Z �% OWNERS NAME: David F . Isom ADDRESS F "r THE ABOVE NAMED FIRM OR INDIVIDUAL, UPON PAYMLNT OF THE REQUIRED FEE, IS HEREBY AUT14ORIZED � is O ENGAGE IN SUCH BUSINESS TRADE PURSUIT OR VOCATION UNDER THE TERMS AND CONDITIONS OF ,, SAID ORDI ANCES �ND REWLATIONS UNTIL THE DATE SHOWN ABOVE.it skfipnolwo of Applitonf Cily NOT VALID UNLESS SIGNED AND VALIDATED By `,♦♦r i i i iii i i ii-i r.i-i I"I i i ii-i�sri ri-r iri rArJri♦iri♦r Sl iri♦/irl rl rr��r1♦♦ri rrr rl iri♦r r►Iri�i-lriri♦I i iiri i •--- ♦ i i iri int ---i I-i i I i i♦i♦ i ♦ /. •+ r I I ! \ ! I � N yo �\ `I I a n Q 'z0 Ln lam) >I �- U` U r W W � O ow v Z 0O 2 � I w" W K C` s in n n r � 1.0 ---- cl% An z I, RR [S ►_ Q Uj LU Q °' S u a o z 91 ix d i g `� o CL H >; 1 APPLICATION FOR BUSINESS LICENSE CITY OF TIGARD 12420 S.I•J. gain S,,reet P.O. Box 23397 • ' Tigard, 0-ego;, 97223 DATE. R:CE I PT#: LICM4SER: &MOUNT: 'USIVESS t:r"L'.n. J2Jg-UE S J�- E4 BusrNEs3 ^rLEP40ME DIMMER; :18INsss ADDRESS: —,l,�s__ •s-�,�/• .Src�.+��G2,4 si D2. i /��/Za� TYPE OF BUSIaI:,SS: DDITIO::AL Zt•Jr^O. : # of employees, # of Company vet►i.cles, # of customer visits per day, operation hours, sq. ft. bldg- 2 " 20, -Y_ cC�d(r�t_..�? .g S T1s &Uwe• L)Ryf•___ ��Ee�►T,�� ,6 /r� 7D i'm 1ILVNG ADD:LrSS (IF DIFFERENT THAT! ABOVE) : Sh,,,Ar /g6p��" TAX LOT # CtE & TITLe^. OF APPLICANT: ------------- SIGNATURE: _ MEPHONE NUMBER OF APPLICANT: %:t-Z(S) 0? Oi�tiER(S) : ' _ Mv'�cSSA L' �SD•+7 CONTPLACTOR., STATE NUMaSR: )^.E: SOLICITATION OR SALES "DOOR, TO DOOR" ARE PROHIBITED WITHIN TELT COC-DIUNITY. BuSIMrS, LICENSES WILL NOT BE ISSUED FOR SUCH ACTIOR. _TION TAKE`;: �Y; � DATE: DENIED nY ' DATE. REASON. - CONDITIONS: IP!5TRUCTION5 1 , Ansuer each and every question completely or this application will not be accepted. 2. Following our receipt of a completed application, the following steps will take place : A. Staff will review the application in accordance with the dictates of the Tigard Miunicipal Code in relation to your request. S. Staff will either approve or disapprove your request based upon this review. C . If your application is approved , we ask that you pay the appropriate fee. A business license will then be issued. n. IF your application is denied, the staff will provide a reason For such denial. E . Licenses are issued FoT one year an a quarterly basis. Licenses obtained at any time during a specific quarter shall be renewed on the first day of the same quarter one year later. , This office must be notified if you change the address of your business, thn ownership of your business or the character of your business. F . A copy of the Ordinance 78-37 is available For your: review upon request. If you have any que3 tions, a member of the staff will help you. CITY OF TIGARD—12420 S.W.MAIN —TIGARD,OREGON 97223 RECEIPT ';ATE �l_ J ,_ APrtOUN' $ -- --�y -- ' t4AME. — .'—C'Y►�� _ CASH: ADDRESS CHECK M.O.: 0 OF FOR: ACCT. / PERMITS SURCHARGE AMOUNT ;EVdER BILLINGS 40-364 _. S i;USINF '.)CENSE 05-331 / PLUMBING PERMIT 05-332 MECHANICAL PERMIT 05-332 BUILDING PERMIT 05-333 _.---- SEV✓ER CONNECTION 40-363 SEWER INSPECTION 40-365 SYSTUM DEV. CHARGE 25 366 PARK DEV CHARGE •1 .3n-367 PARK DEV. CHARGE 02 30-368 JC ,PNG ADJUSTMENTS 05-362 _ TOTALS • e--e) RECEIVED BY PERMIT NUMBERS ASSIGNED — v Number. _Amou_nf_ Number Amount I Number Amount _ - S_ S.- RECEIPT 0 -+ CITY OF TIGARD -12420 S.W. MAIN- TIGARD,ORE:ON 97223 �} RECEIPT DATE: -- '7 ` moi j� AMOUNT: S —DOLLARS CASH: ADDRESS:_�1Lf�`L- L• ,.�✓1J_ ,!� _.CHECK: _ � OF FOR: ACCT. ir PERMITS SURCNA --- ___._ ROE AMOUNT SEWER BILLINGS 40364 _ I BUSINESS LICENSF. OS-331 PLUMBING PERMIT 05-332 S __ MECHANICAL PERMIT 05-332 BUILDING Plr4A)T 05-333 u SEWER CONNECTION 40.363 SEWER INSPECTION 40.365 SYSTEM DFV CP'AW-4E 25.366 _ PARK DEV. CHARGE N1 30.367 PARK DEV. CHARGE 02 30-368 ZONING ADJUSTMENTS 05 362 TOTALS S of• (�c`S ,��, ct-� RECEIVED BY PERMIT NUMIERE ASSIGNED: vA _ Numbor Amount Numbor Amount Numbs Amount u S S S - S RICIIPt 0 y n r, 7 w r o h COQ i Oa O U h C3 VLL t4Y� CL .✓' N", d m J ., r \ 1 t t �\ t I •• ti;f :' i- i�:•_. • �n� 1 r�i,, , ! �ra I�i r�7,�� '- •�-•t _ I LL-1 '. :.IC7Cl`V• �; . . � i I ;-� �"':.JW � ��"'''I C71/�rTC' �C �c I r I ' . I � I 1 � � � � III • _ Sl I • I I i • I � I E E �'�/ u! �.' ti C.1 - 1 - �.•---rte-;.- � . -- -- . ---- - , 1 �y��Ll_I '�]c]'� ='`:•,<�.";�: .I�;^. r,1.1! : .Ir1�.� l��'�"1�,,� ��1,��Gt C]1/�da i.is I t �I I R-2v�= ' 7-1 I+6,1 -- - •1 ' I I I r I , I � I I, r•� I I �I�I ` Al1 I „� ti i r. I , ' II , I t ` �11V- I I1 i I ' I .� �r1 �� `� v' • ' I I ,t I �� •1 �,1 '1A,`�� --= � � ;. � w�- qtr- � ` � i � . i ti, r"'�j . ` ;»