10-18-05 Item 22CITY OF SOUTH MIAMI
OFFICE OF THE CITY MANAGER
INTER-OFFICE MEMORANDUM
To: Honorable Mayor, dice Mayor, &
City Commission
From, Maria Y. Dads
City Manager
South Miami
0
2001
Date: October 18, 2005
Agenda Item #
Re: Variance Request 5890 SW 84 Street
RESOLUTION:
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF SOUTH
MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE FROM SECTION 20- 3.5(E)
OF THE LAND DEVELOPMENT CODE TO ALLOW A GARAGE STRUCTURE TO BE BUILT
IN THE FRONT SETBACK AREA RESULTING IN A VARIANCE TO PERMIT A THREE FOOT
FRONT SETBACK WHERE A MINIMUM OF A 25 FOOT FRONT SETBACK IS REQUIRED;
ALL ON A. PROPERTY WITH N AN "RS -3» SINGLE - FAMILY RESID►ENTLkL USE DISTRICT,
LOCATED AT 5890 SW 94 STREET, SOUTH MIAMI, FLORIDA, AND LEGALLY DESCRIBED
AS LOT B OF SEAVIEW ESTATES; AND PROVIDING FOR AN EFFECTIVE DATE
SUND ARY OF RE UEST.
The applicants, Stephen J. Huber and Maria A Huber, are requesting approval of a variance from
Section 20- 3.5(E) of the Land Development Code to allow a detached garage structure to be built in
the front yard of a house. , variance requested is to permit a three foot front setback where a
minimum of 25 feet is requied.
APPLICABLE REGULATIONS (See AT'I'AG�S :
• Land Development Cade Section 20-5.9 "FariawesApprovals"
• Land Development Code Section 24- 6.1(B) "Pkuming Board Du ies„
BACKGROUND & ANALYSIS:
The applicant, in a letter of hardship, claims that due to the irregular shape of his property and the
location of an existing septic tank on the east side, the northwest side of the lot would be the only
possible location for a two cal- garage. The proposed. garage and a new parking driveway area
(permitted) would be built in the front setback area, which is 25 feet. A 40 -foot wide street easement
(SW S4 St_) exists along the front property line of the lot. This easement is scheduled to be used as part
of a traffic circle to be constructed by the City in the near future.
STAFF OBSERVATIONS:
• In December 1992 the current owner of the house obtained a building permit to convert the original
garage area into a kitchen_ This information was not available when this item was considered by
the Planning Board in January 2005.
• The City's Land Development Code strongly discourages the location of a parking structure or an
accessory structure to be in any setback area. (Sec. 20- 4.4(F)(5) and Sec.20- 3.6(1)(3) )
variance — ,Wetback
October 5, 2005
(2)
• The use of the easement and the construction of a traffic circle by the City would bring the
roadway very close to the front of the house. The construction of a garage at the location indicated
on the plan would result in a structure within a few feet of the right-of-way.
A claim of hardship to allow a garage to be built in the front setback is not appropriate in that the
garage is not essential for the continued use of the property.
• The proposed garage location would not be compatible with the appearance of other homes in the
vicinity.
a The proposed variance, if granted, would confer on the applicant a special status not being made
available to other properties in the immediate vicinity.
PLANNING BOARD ACTION:
The Planning Board at its January 25, 2005 meeting failed to adopt a- recommendation. A motion to
approve the variance and a motion to deny the variance both failed to pass by a vote of 3 ayes 3 nays.
MY COMMIS&1_0N ACTTON:
The City Commission, at its April 9, 2005 meeting, conducted a public hearing on the application and
then deferred taking action for a period of six months and requested information on the status of a
proposed traffic circle at the intersection where the subject property is located.
The Public Works Department is reporting that the easement / right-of-way will be used for a traffic
calming device and that a City consultant is now in the process of preparing design plans for the
intersection. Completion of the engineering design plans is expected by February 2006,
NDATION:
It is the staff's conclusion that the abandonment or placement of a traffic circle or a traffic calming
device at the intersection in front of the subject property should not be considered in the variance
decision. The variance to allow a detached garage in the front setback is not compatible with
surrounding properties and would confer on the applicant a special status not being made available to
other properties in the immediate vicinity. It is recommended that the variance request be denied.
However, a resolution has been drafted in the event that the variance is granted.
Attachments:
Draft Resolution
LDC Applicable Regulations
Application ILocation Map
Hardship Letter
Survey, Site Plan
ExcerptPlanmng Board Minutes 1-25-05
Copy ofPublic Notices
MD/DOD/SAY
EAComm lternsM05\4-9-05 Special\5840 SW 84 St Variance Report.doc
Stephen J. and Maria A. Huber
5890 SW 941" Street
M ixam- i, IF L 3 3 14 3
3 4
05-6621-9288
September 20', 2005
Plarmhia Devart-ment
City of §outii A/fiami
6130 Suinset Drive
South Miami, Fl. 33143
Re: Planning Bd. -Application: PB-05-003
Variance -Request — Front Setback
Dear Mr. O'Donnilley and City Coin mission:
T"his communication is to request a deferral for 6 months on the above variance reauested
at 5890 SW 84-' Street.
We feel that by g-roxiting us the deferral, the City of South Miami will have atn an-aple
.1 - - -
amo-unt of time to evaluate the variance based on the progress of the Traffic Calming
Circle project ®n SVVT 84"' Street, vAiich is currently in the design phase.
Your consideration in this deferral is greatly appreciated
Sincerely Yours,
Step-hen J. Huber
Maria A. Huber
I PASSED AND ADOPTED this day of
2
3
4
5 ATTEST: APPROVED:
6
7
2 C1TY rTP"RTC MAYOR
9
10
11 READ Al D APPROVED AS TO FORM:
12
13
14
15
16 CITY ATTORNEY
17
18
19 EAConnn items\200514-9-05 Specia115940 SW 94 St Variance Resol.doc
RM
Commission Vote:
Mayor Russell:
Vice Mayor Palmer:
Commissioner Wiscombe:
Commissioner Birts-Cooper:
Commissioner Sherar:
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ATTACHMENT
• Land Development Code Section 20 -5.9 Variances Approvals
(A) Expiration of Variance Approvals. A variance approved pursuant to
Section 20 -5.5 shall lapse after six (6) month if no substantial
construction or change of use has taken place in accordance with
the request for such variance and if the city commission has not
specified a longer approval period for good cause shown.
(B) Extension of Variance Approvals. Four (4) affirmative votes of
the city commission may grant an extension to a previously
approved variance if a proper and timely request is made by the
applicant prior to the expiration of the six (6) month period.
(C) Hardship Statement. All applications for a variance shall'include
a letter of intent indicating the specific nature of the hardship
upon which the request is based.
(D) Property Survey Required. All applications for a variance shall
include a current property survey prepared by a registered
surveyor.
(E) Neighborhood Concurrence. All applications for a variance shall
be accompanied by a map which reflects all properties and the
names of all property owners within a five hundred (500) foot
radius of the subject property. The applicant shall obtain and
submit the signatures of at least twenty (20) percent of such
property owners, indicating their awareness of the proposed
variance request.
(F) Proposed Site Plan Required. A site plan shall be required
showing all proposed buildings and setbacks and any other
features relating to the variance request.
(G) Permitted Variance Requests. Applications for variances shall be
restricted to only the following:
(1) Yard setbacks
(2) Lot size
(3) Lot coverage
(4) Building height
(5) Fences and walls
(6) Impervious coverage
(7) Off - street parking
(8) Open space
Variance — Setback
October 5, 2005
(9) Signs
(10) Landscaping
• Land Development Code Section 20 -6.1 (B) Planning Board Duties
(B) Planning Board.
(3) Powers and Duties.
(h) The board shall review and make recommendations on all
applications for variances from the requirements of this Code for
yard setbacks, lot size, lot coverage, building height, fences and
walls, impervious coverage, off - street parking, open space, signs
and landscaping. Recommendations for a variance shall be made
only when necessary to relieve particular hardships or
extraordinary conditions relating to a specific property, and when
the strict application of a particular regulation would result in
peculiar and exceptional hardship upon the owner of such property
as distinguished from reasons of convenience, profit or caprice.
City of South Miami
Planning & Zoning Department
City Hall, 6130 Sunset Drive, South Miami, Florida 33143
Telephone: (305) 663 -6326; Fax: (305) 666 -4591
Application For Public Hearing Before Planning Board & City Commission
Address of Subject Property: _5-F9,3 fw jP V,
Lot(s) k3 Block Subdivision 4/ t
M 1 `�� Pt- 3- 11
PB
Meets &Bounds:
Applicant- Phone: ,, 3�
5 : Anb A11A?4A A. 4v btr' 3Or -C &2 -f 21-dF cel� 6 cis =4 Y.
Representative:
Organization:
Address:
Phone:
Property Owner: S+ {� ��, MA-, zi A— LA
Signature:
4
Mailing Address:$ 0 vw J
Phone: 3 � vt~
Architect/Engineer. p
Phone:
AS HE APPLICANT, PLEASE INDICATE YOUR RELATIONSHIP TO THIS PROJECT:
"'Owner Owner's Representative Contract to purchase _Option to purchase Tenant/Lessee
APPLICATION IS HEREBY MADE FOR THE FOLLOWING:
SUBMITTED MATERIALS
PLEASE CHECK THE APPROPRIATE ITEM: /
PLEASE CHECK ALL THAT APPLY:
VLetter
_ Text Amendment to LDC Wariance
of intent
_ Zoning Map Amendment _Special Use
''Justifications for change
_ PUD Approval _Special Exception
_ Statement of hardship
_ PUD Major Change _Other
+✓Proof of ownership or letter from owner
_ Power of attorney
Briefly explain application and cite specific Code sections:
— Contract to purchase
&-Current survey (1 original sealed and
O�
^ v r 10.. 4" 6f- i 1: r VAV-1
a-.K Li—
� igned /1 reduced copy @ 11" x 17 ")
_ 15 copies of Site Plan and Floor Plans
v � -�,, Ir yz f=, .. o- j-P, 4 h c tic
r P. �.
CA r mss.- Of qqL�J,-P
1 reduced copy @ 11" x 17"
20% Property owner signatures
Section: Subsection: Page #: Amended Date:
✓Mailing labels (3 sets) and map
✓Required Fee(s)
The undersigned has read this completed application and represents that the information and all submitted materials are true and
correct to the best of the applicant's knowledge and belief.
vqr,- ?-/J
g of
Applicant's Signature and title Date
Upon receipt, applications and all submitted materials will be reviewed for compliance with the Land Development Code and other
applicable regulations. Applications found not in compliance will be rejected and returned to the applicant.
OFFICE USE ONLY:
Date filed Date of PB Hearing Date of Commission
Petition Required Petition Accepted
Method of Payment
S!2 /00
City of South Miami
Application No. PB -05 -003 Variance Application
Front Yard Setback Request
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Stephen J. & Maria A. Huber
5890 SW 84 Street
Miami, Florida 33143
(305) 609 -6425 (C)
(305) 662 -9288 (H)
October 1, 2004
City of South Miami
Planning & Zoning Department
City Hall
6130 Sunset Drive
South Miami, Florida 33143
Re: 5890 SW 84 Street, Miami, Florida
Lot B of Seaview Estates, PB 63, page 94 of the Public Records of Dade
County, Florida
Stephen J. & Maria A. Huber
Gentlemen:
We have been the owners of the above 1 story/3 bedroom home since 1992.
At this time, we would like to add on our existing property a 2 car garage.
Unfortunately, due to the irregularity of the lot and the drain field location it is
impossible to build the garage on the existing lot without being granted a
variance.
In our recent meeting with the city manager we were told that there were plans to
build a circle at the intersection of SW 84 Street and SW 59th Avenue, which
includes the northwest corner of the lot. Originally we were planning to file for
the excessive easement to be deeded back to us, but with the plans for the circle
we are unable to file until the circle is completed. The time frame for the circle its
1 Y2 years. According to the survey attached the circle would not be affected by
the construction of the proposed garage.
The variance we are requesting is to allow us to reduce required setback of the
proposed garage from 25 feet to 3 feet. The NE corner of proposed garage
currently shows a 3 foot setback.
We are hereby requesting the approval of a hardship variance from the city of
South Miami to accommodate the new garage.
Please review and feel free to contact us with any questions you may have.
Thank you,
CITY OF SOUTH MIAMI
PLANNING BOARD
Regular Meeting
Action Summary Minutes
Tuesday, January 25, 2005
City Commission Chambers
7:30 P.M.
I. Call to Order and the Pledge of Allegiance to the Flag
Action: The meeting was called to order at 7:38 P.M.
Action: The Pledge of Allegiance was recited in unison.
IL Roll Call
Action: Mr. Morton, Chairperson, requested a roll call.
Board members present constituting a quorum: Mr. Morton, Ms. Gibson,
Mr. Comendeiro, Mr. Liddy, Mr. Illas, and Mr. Mann.
Board members absent: Ms. Yates
City staff present: Don O'Donniley (Planning Director), Sanford A. Youkilis
(Planning Consultant), Gremaf Reyes (Video Support), and Patricia E. Lauderman
(Planning Board Secretary).
III. Planning Board Applications / Public Hearings
Chairman Mr. Morton swore in speakers
PB -05 -003
Applicant: Stephen J. and Maria A. Huber
Location: 5890 SW 84 Street
A RESOLUTION OF THE MAYOR & CITY COMMISSION OF THE CITY OF
SOUTH MIAMI, FLORIDA, RELATING TO A REQUEST FOR A VARIANCE
Planning Board Meeting
January 25, 2005
Page 2 of 3
FROM SECTION 20- 3.5(E) OF THE LAND DEVELOPMENT CODE TO ALLOW
A GARAGE STRUCTURE TO BE BUILT IN THE FRONT SETBACK AREA;
VARIANCE REQUEST IS TO PERMIT A THREE FOOT FRONT SETBACK
WHERE A MINIMUM OF 25 FEET FRONT SETBACK IS REQUIRED: ALL ON
A PROPERTY WITHIN AN "RS -3" SINGLE - FAMILY RESIDENTIAL USE
DISTRICT SPECIFICALLY LOCATED AT 5890 SW 84 STREET, SOUTH
MIAMI, FLORIDA, AND LEGALLY DESCRIBED AS LOT B OF SEAVIEW
ESTATES; AND PROVIDING FOR AN EFFECTIVE DATE.
ACTION: Mr. Morton read the item into the record. Mr. O'Donniley presented the
staff report. He explained the applicant is requesting approval of a variance from
Section 20- 3.5(E) of the Land Development Code to allow a garage structure to be
built in the front yard of a house. He noted that the applicant's hardship (explained
in Mr. Huber's letter) is due to the irregular shape of their property and the
location of an existing septic tank on the east side. The proposed garage and a new
parking driveway (permitted) would be built in the front setback area which is 25
feet. A 40 foot wide street easement (SW 84 Street) exists along the front property
line of the lot. This easement is scheduled to be used as part of a traffic circle to be
constructed by the city in the near future. The variance required is to permit a three
front setback where a minimum of 25 feet is required. Planning staff presented a
power point presentation of the property.
In addition, Mr. O'Donniley provided the following staff observations:
• The City's Land Development Code strongly discourages the location of a
parking structure or an accessory structure to be in any setback area. (Sec. 20-
4.4(F)(5) and Sec.20- 3.6(I)(3) )
• The use of the easement and the construction of a traffic circle by the City
would bring the roadway very close the front of the house. The construction of
a garage at the location indicated on the plan would result in a structure within a
few feet of the right -of -way.
• It appears that the original location of the house on the lot precluded the
placement of a garage.
• A claim of hardship to allow a garage to be built in the front setback is not
appropriate in that the garage is not essential for the continued use of the
property.
• The proposed garage location would not be compatible with the appearance of
other homes in the vicinity.
• The proposed variance, if granted, would confer on the applicant a special
status not being made available to other properties in the immediate vicinity.
RECOMMENDATION
Planning staff recommended that the variance request be denied.
The Board, applicant and planning staff discussed the item.
Planning Board Meeting
January 25, 2005
Page 3 of 3
Applicant present:
Stephen and Maria Huber explained to the Board that due to an irregularity of the
lot and the drain field location it is impossible to build a 2 car garage on the
existing lot without being granted a variance.
Mr. Morton then opened the Public Hearing.
Speakers:
NAME ADDRESS SUPPORT /OPPOSE
David Tucker, Sr. 6556 SW 78 Terr. Opposed
Mr.' Tucker stated to the Board that he believed the minimum of 25 feet front
setback is required and the variance should not be approved.
Sharon McCain Opposed
Ms. McCain indicated that she opposed this variance and had concerns in regards
to the existing oak trees on that side of the properly because she wants the oak trees
to be preserved.
Yvonne Beckman Opposed
Ms. Beckman opposed the variance and requested that the variance be denied.
Jay Beckman 6520 SW 65 St. Opposed
Mr. Beckman opposed the variance.
Mr. Morton closed the Public Hearing.
Motion: Mr. Mann made a motion to deny the variance. Mr. Liddy seconded
the motion.
Vote: Ayes 3 Nays 3 (Ms. Gibson, Mr. Illas, Mr. Comendeiro)
The motion tied.
Mr. O'Donniley suggested that someone should make the opposite motion.
Motion: Mr. Mann motioned to approve the variance. Mr. Comendeiro
seconded the motion.
Vote: Ayes 3 Nays 3 (Mr. Liddy, Mr. Morton, Mr. Mann)
The motion tied.
Mr. O'Donniley noted that Item PB -05 -003 will go forth to City Commission
with no recommendation from the Planning Board.
DOD /SAY /pel
K:\PB\PB Minutes12005 Minutes\PB MINS 1- 25- 05.doc
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