GA - Marietta: Special Called City Council Meeting

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Special Called City Council Meeting

Agenda

021220RM.PDF

Z2020-03 W Dixie Ave 224

Z2020-03 W DIXIE AVE 224.PDF

Z2020-04 SLUP Birney St 460

Z2020-04 SLUP BIRNEY ST 460.PDF

V2020-06 Cherokee St 191-Rev

V2020-06 CHEROKEE ST 191-REV.PDF

V2020-07 Kennesaw Ave 855

V2020-07 KENNESAW AVE 855.PDF

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CITY COUNCIL

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City of Marietta

Meeting Agenda

205 Lawrence Street

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Post Office Box 609

Marietta, Georgia 30061

R. Steve Tumlin, Mayor

Cheryl Richardson, Ward 1

Grif Chalfant, Ward 2

Johnny Walker, Ward 3

G. A. (Andy) Morris, Ward 4

Reggie Copeland, Ward 5

Michelle Cooper Kelly, Ward 6

Joseph R. Goldstein, Ward 7

Council Chamber 7:00 PM Wednesday, February 12, 2020

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CALL TO ORDER:

INVOCATION:

Council Member Cheryl Richardson, Ward 1

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PLEDGE OF ALLEGIANCE:

PRESENTATIONS:

20200066 Vanderlande

Recognition of Vanderlande for their donation of 21 new mattresses to the Marietta Fire

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Department.

20200117 Rugby ATL

Presentation from Mayor Tumlin and Council Member Cheryl Richardson to Welcome and

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Celebrate Rugby ATL our newest Major League sports team affiliated within our City.

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PROCLAMATIONS:

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ANNOUNCEMENTS OF GENERAL COMMUNITY INFORMATION BY THE MAYOR,

COUNCIL AND/OR CITY MANAGER:

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Page 1 City of Marietta Printed on 2/11/2020 11:56:03AM

February 12, 2020 CITY COUNCIL Meeting Agenda

SCHEDULED APPEARANCES:

Each speaker is allotted five (5) minutes.

20200105 Scheduled Appearance

Scheduled Appearance - William Dunaway.

20200125 Scheduled Appearance

Scheduled Appearance - Dr. H. Benjamin Williams

20200126 Scheduled Appearance

Scheduled Appearance - Sally Riddle

20200128 Scheduled Appearance

Scheduled Appearance - Larry Wills

CONSENT AGENDA:

Consent agenda items are marked by an asterisk (*). Consent items are approved by

majority of council. A public hearing will be held only for those items marked by an asterisk

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that require a public hearing (also noted on agenda).

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MINUTES:

* 20200096 Regular Meeting - January 8, 2020

Review and approval of the January 8, 2020 regular meeting minutes.

Council Member Richardson abstaining

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* 20200097 Executive Session Minutes

Review and approval of the following executive session minutes:

December 10, 2018 Agenda Work Session

December 19, 2018 Special Called City Council Meeting

January 31, 2019 Special Called Agenda Work Session

March 7, 2019 Agenda Work Session

March 13, 2019 Agenda Review Session

MAYOR S APPOINTMENTS:

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Page 2 City of Marietta Printed on 2/11/2020 11:56:03AM

February 12, 2020 CITY COUNCIL Meeting Agenda

CITY COUNCIL APPOINTMENTS:

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* 20200050 Marietta Welcome Center Visitors Bureau Appointment

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Appointment of Joseph R. Goldstein as Council Representative to the Marietta Welcome

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Center Visitors Bureau for a two-year term.

Council Member Goldstein abstaining

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* 20200106 Marietta Civil Service Board - Post 5

Appointment of Philip Hynninen to the Marietta Civil Service Board (Post 5), for a

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one-year term expiring January 31, 2021.

ORDINANCES:

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20191115 Z2020-03 [REZONING] PETER VARLJEN

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Z2020-03 [REZONING] PETER VARLJEN is requesting the rezoning of 0.36 acres

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located in Land Lot 287, District 17, Parcel 0090 of the 2nd Section, Cobb County,

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Georgia, and being known as 224 West Dixie Avenue from OIT (Office Institution

Transitional) to R-4 (Single Family Residential - 4 units/acre). Ward 1A.

Mr. Diffley made a motion, seconded by Mr. Hunter to recommend approval as submitted.

The motion carried 7-0-0.

If Council approves the rezoning, the following variance would be incorporated as conditions of zoning:

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Variance: Variances to allow the garage to remain in place and as-is. [ 708.04 (F)]

Public Hearing (All parties sworn in)

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February 12, 2020 CITY COUNCIL Meeting Agenda

20191202 Z2020-04 [SPECIAL LAND USE PERMIT] TURNER HILL COMMUNITY DEVELOPMENT CORPORATION

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Z2020-04 [SPECIAL LAND USE PERMIT] TURNER HILL COMMUNITY

DEVELOPMENT CORPORATION is requesting a Special Land Use Permit for 0.299

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acres located in Land Lot 1143, District 16, Parcel 0520, 2nd Section, Marietta, Cobb

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County, Georgia, and being known as 460 Birney Street (aka 462 Birney Street) from R-4

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(Single Family Residential - 4 units/acre) to R-4 (Single Family Residential - 4 units/acre)

with a special land use permit for a halfway house. Ward 5A.

Mr. Diffley made a motion, seconded by Ms. McCrae, to recommend approval as stipulated.

The motion carried 4-3-0. Mr. Anderson, Mr. Davis and Mr. McClure opposed.

If Council approves the Special Land Use Permit, the following stipulation would be

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incorporated as conditions of the Special Land Use Permit:

Stipulation: The Special Land Use Permit shall expire if the property is sold.

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Public Hearing (All parties sworn in)

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RESOLUTIONS:

CITY ATTORNEY'S REPORT:

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CITY MANAGER'S REPORT:

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MAYOR'S REPORT:

COMMITTEE REPORTS:

1. Economic/Community Development: Johnny Walker, Chairperson

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2. Finance/Investment: Joseph R. Goldstein, Chairperson

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3. Judicial/Legislative: G. A. (Andy) Morris, Chairperson

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February 12, 2020 CITY COUNCIL Meeting Agenda

* 20191153 Smoking in Outdoor Cafes

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Motion to approve the amendments to Chapter 8-39, Outdoor Cafes, to restrict smoking in

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encroachment areas.

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First Reading

Council member Goldstein disclosed that members of his family and entities owned by

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himself and family members within the proposed no smoking district.

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* 20200132 No Smoking District

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Motion to approve the amendment to Chapter 10-4-210, Smoking prohibited, for the

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establishment of the downtown No Smoking District.

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First Reading

Council member Goldstein disclosed that members of his family and entities owned by

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himself and family members within the proposed no smoking district.

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4. Parks, Recreation and Tourism: Michelle Cooper Kelly, Chairperson

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February 12, 2020 CITY COUNCIL Meeting Agenda

20200048 2020 Street Closure Requests

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Motion to approve the street closures needed to conduct special events during the 2020

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Calendar Year as presented; and, to approve the Taste of Marietta, Art in the Park and

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Chalktoberfest as city-sanctioned events and to permit alcohol sales and consumption for

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those events in accordance with the applicable portions of City Code Section 10-04-070.

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Street Closures:

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Glover Park Concert Series

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Taste of Marietta

May-retta Daze Spring Arts and Crafts Festival

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Juneteenth

Fourth in the Park

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Art in the Park

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Marietta Reads

Marietta StreetFest

Cruisin at The Strand with the Creepers

Chalktoberfest

HarvestFest

MUST Ministries Gobble Jog

Alcohol Requests:

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Taste of Marietta

Art in the Park

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Chalktoberfest

Council Member Goldstein disclosed that the Friends of the Strand is a tenant of Herbert S.

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Goldstein Family Limited Partnership. Philip Goldstein is an owner of the partnership and is

Council member Goldstein s father.

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Council Member Goldstein discloses that he is a member of the Marietta Cobb Museum of Art.

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5. Personnel/Insurance: Cheryl Richardson, Chairperson

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* 20200076 2020 City/BLW Line Worker Pay Plan Amendment

Motion approving an ordinance amending the 2020 City/BLW Line Worker Pay Plan.

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February 12, 2020 CITY COUNCIL Meeting Agenda

* 20200035 2020 Appointed Officials Review

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Motion approving an ordinance to set salaries of the following appointed officials payable

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in installments per city administrative procedures retroactive to January 1, 2020:

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Administrative Assistant to the Mayor: 53,560 per year, and amendment of the associated

employment agreement.

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City Clerk: 80,017.60 per year. City Manager: 228,259.20 per year, and amendment of the associated

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employment agreement.

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BLW General Manager: 143,208.00 per year. Municipal Court Judge: 72,883.20 per year, and the associated employment

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agreement.

Prosecuting Attorney: 69,305.60 per year, and the associated employment agreement.

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Additionally, the compensation of the position of Associate Judge shall be set at 250.00

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per session effective upon passage and not retroactive. The compensation of the position of

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Assistant Prosecuting Attorney shall be set at 225.00 per session effective upon passage

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and not retroactive.

6. Public Safety Committee: Reggie Copeland, Chairperson

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* 20200065 Revisions to Marietta Fire Department Code

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Motion to approve the revisions for the Marietta Fire Department for the Fire Prevention

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and Protection Code.

7. Public Works Committee: Grif Chalfant, Chairperson

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* 20200053 Lovena Drive SE Utilities

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Motion authorizing a variance from the Underground Utilities ordinance to allow the

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installation of fiber to be over lashed on existing fiber along Lovena Drive SE from South

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Marietta Parkway to Lucile Avenue SE. This motion does not grant a perpetual variance.

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MCIMetro/Verizon must relocate underground at their expense if other utilities at the

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location are moved underground.

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February 12, 2020 CITY COUNCIL Meeting Agenda

* 20200054 Barnes Mill Road Utilities

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Motion authorizing a variance from the Underground Utilities ordinance to allow the

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installation of fiber to be over lashed on existing fiber along Barnes Mill Road from

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Wallace Road to Coventry Township Place. This motion does not grant a perpetual

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variance. MCIMetro/Verizon must relocate underground at their expense if other utilities at

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the location are moved underground.

* 20200055 Gresham Rd NE Utilities

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Motion authorizing a variance from the Underground Utilities ordinance to allow the

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installation of fiber to be over lashed on existing fiber along Gresham/Wallace Rd NE from

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Cobb Parkway North to North Marietta Parkway. This motion does not grant a perpetual

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variance. MCIMetro/Verizon must relocate underground at their expense if other utilities at

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the location are moved underground.

* 20200060 Gresham Avenue Utilities

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Motion authorizing a variance from the Underground Utilities ordinance to allow the

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installation of fiber to be over lashed on existing fiber along Gresham Avenue from

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Washington Avenue to North Cobb Parkway. This motion does not grant a perpetual

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variance. MCIMetro/Verizon must relocate underground at their expense if other utilities at

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the location are moved underground.

* 20200057 Lawrence Street Traffic Calming

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Motion authorizing Public Works to conduct the speed study of the Lawrence Street area

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from Cole Street to Fairground Street to determine if traffic calming devices are needed.

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* 20200058 Roosevelt Circle Traffic Calming

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Motion authorizing Public Works to conduct the speed study of the Roosevelt Circle area to

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determine if traffic calming devices are needed.

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* 20200059 Manning Road Traffic Calming

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Motion authorizing Public Works to conduct the speed study of the Manning Road area to

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determine if traffic calming devices are needed.

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February 12, 2020 CITY COUNCIL Meeting Agenda

* 20200116 AT T

Motion to authorize and direct city staff and the city attorney to investigate and explore the

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methods to require AT T to comply with the underground utility ordinance of the city of

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Marietta and any other applicable ordinances of the city of Marietta in order to allow the

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Powder Springs Street Road project to proceed without further delay.

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* 20190773 2022 Proposed SPLOST

Motion to approve the Draft for the anticipated 2022 SPLOST for the projects for the City.

OTHER BUSINESS:

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20191166 V2020-06 [VARIANCE] THE BOTTOMS GROUP, LLC (191 MARIETTA PROPERTIES, LLC)

V2020-06 [VARIANCE] THE BOTTOMS GROUP, LLC (191 MARIETTA

PROPERTIES, LLC)

is requesting variances for properties located in Land Lot 1159, District 16, Parcel 0540,

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2nd Section of Cobb County, Marietta, Georgia and being known as 191 Cherokee Street.

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Ward 3A.

Variances: 1. Variance to reduce the minimum lot size from 20,000 sq.ft. to 10,200 sq.ft. [ 708.23 (H)]

2. Variance to reduce the front yard setback from 40 ft. to 12 ft. [ 708.23 (H)]

3. Variance to reduce the major side setback from 25 ft. to 6 ft. [ 708.23 (H)]

4. Variance to reduce the minor side setback from 15 ft. to 5.5 ft. [ 708.23 (H)]

5. Variance to allow new a/c units within 10 ft. of the property line. [ 708.23 (F.7.)]

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6. Variance to allow a monument sign within 5 ft. of the property line. [ 714.04 (F.2.)]

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7. Variance to waive the Commercial Corridor Overlay District-Tier B standards.

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[ 712.09(G)]

8. Variance to waive 10-foot landscape strip on both frontages. [ 712.08 (G.2.)]

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9. Variance to reduce the required parking ratio for professional office from 1 per 350 sq.ft. to

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1 per 369 sq.ft. [ 716.07 (E)]


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