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Home My WebLink AboutAgenda Report - September 1, 1993 PHC-1 � os CITY OF LODI COUNCIL COMMUNICATION AGENDA TITLE: Public Hearing to Crinsider Appeal from Marlo Kerner & Associates Regarding the Planr.ing Commission's Denial of its Request to Amend P -D(21), Planned Development District No. 21 (Lakeshore Village), by Modifying the Permitted Uses to Allow a Restaurant with a Cocktail Lounge at 1750 West Kettleman Lane (APN 058-160-86) MEETING DATE: September 1, 1993 PREPARED BY: City Clerk RECOM69;NDED ACTION: That City Council, by motion action, continue the public hearing regarding the appeal from Marlo Kerner and Associates to the regular City Council meeting of October 6, 1993. BACKGROUND INFORMATION: The City Council set public hearing for September 1, 1993 to consider the appeal fro&. Marlo Kerner & Associates regarding the Planning Commission's denial of its request to amend P -D(21), Planned Development District No. 21 (Lakeshore Village), by modifying the permitted uses to allow a restaurant with a cocktail lounge at 1750 West Kettleman Lane (APN 058-160-86). Mr. Kerner Las requested in a letter dated August 12, 1993 (attached, marked Exhibit Jr.) that the public hearing be continued to October 6, 1993. FUNDING: None required. J;ifer . Perrin City Cle COUNC131/TXTA.02J/COUNCOM APPROVED. THOMAS A. PETERSON recycled Dever City Manager am Jennifer Perrin City Clerk P.O. Box 3006 Lodi, Ok 95241 Dear Ms. Perrin, U-_0 August 12, 1993 Due to extenuating circumstances, I request that my appeal to the city council, scheduled for September 1, 1993, be continued to the meeting of October 6, 1993. Sincerely, Mario Kerner "LO KERNER & ASSOCIATES P. O. Box 1890 Lodi. camornia 95241 Phone (209) 368-0691 FAX (209) 368-0691 arm CITY OF LODI 221 WEST PINS STREET LODI, CALIFORNIA 95240 ADVERTISING INSTRUCTIONS r. SUBJECT: NOTICE OF PUBLIC HEARING - APPEAL OF PLANNING COMMISSION DENIAL OF REQUEST FROM MARL0 KERNER & ASSOCIATES PUBLISH DATES: SATURDAY, JULY 24, 1993 TEAR SHEETS WANTED: THREE AFFIDAVIT AND BILL TO: JENNIFER M. PERRIN, CITY CLERK DATED: JULY 21. 1993 ORDERED BY:, .� /"''"'' PBnICOLINI DEPUTY CITY CLERK DECLARATION OF MAILING On July 22, 1993 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi. California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on July 22, 1993, at Lodi, California. Jennifer M. Perrin City Clerk �,•?.i,r11�lEtizc Peg .*icolini Deputy City Clerk DSC#01/TXTA.FRM a °` CITY QF LORI_ CARNEGIE FORUM 305 West Pine Street, Lodi ! \��!(:lf =� NOTICE OF PUBLIC HEARING Date: September 1, 1993 Time: 7:00 p.m. er-For information regarding this Public Hearing Please Contact: Jennifer M. Perrin City Clerk I Is Telephone: 333-6702 NOTICE OF PUBLIC HEARING September 1, 1993 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:00 p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing to consider the following matter: a) appeal from Marlo Kerner & Associates regarding the Planning Commission's denial of it's request to amend P -D(21), Planned Development District No. 21 (Lakeshore Village), by modifying the permitted uses to allow a restaurant: with a cocktail lounge at 1750 west Kertleman Lane (APN 058-160-86). Information regarding this item may be obtained in the office of the Community Development Director at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral statements may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence delivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order Of the Lodi City Council: fer M. Perrin City Clerk Dated: July 21, 1993 Approved as to form: Bobby W. McNatt City Attorney EMEM-�mIlm-, r�1 PUBLIC HEARING LIST MAILING LIST FOR: Re—none - i 176-D FILE • ''CITY - STATE / - • >>s 1711' i� L-f.?� out=K _...MIM i�,Aj- MA- ' WAR Im, ---- I • ^ w.WAVIT. lye MAAWAMMUMMM AWAAl■ ■ I P E T I T I O N r�MIP—lyki OR, WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY .� PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING DATED JUNE 1, 1993. NAME & ADDRESS DATE PHONE NUMBER �`'` �✓a 01% 19:5 _ '7q�8 .-6 -3 6 33Y-9117 4 6LIgl nkr ,3.39-0714�1 vu S319 - 09S i Vj • ` Ce -l-,97 334 -�r3G ' 1✓ ja �(Ou 1117 to ✓ o,,,,,�„ � -� T1 T1 mbedalg- r�MIP—lyki OR, ::- NAME & ADDRESS DATE PHONE NUMBER 3 3 `f-17'es 7' op 2-4 0 -egg • � X6.3 � �P /J Oi�7Q.a� .. • '' . J� � r�� ..,�,t•1�'. 369 -- I z.23_ . 2-23 /731 l 7%`;,Jrm-b A Cu; r> x x x a x s s x s a x P E T I T I O N �~ WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY ~= PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY `a s' = `•', : ►*IARLO KERNER AND MARLENE GUTIERREZ TO AMEND P—D (21) , . PLANNED '-"`1 'DEVELOPMENT DISTRICT NO. 21. AS INDICATED IN THE "NOTICE OF PUBLIC HEARING" ,DATED JUNE 1, 1993. ::- NAME & ADDRESS DATE PHONE NUMBER 3 3 `f-17'es 7' op 2-4 0 -egg • � X6.3 � �P /J Oi�7Q.a� .. • '' . J� � r�� ..,�,t•1�'. 369 -- I z.23_ . 2-23 /731 l 7%`;,Jrm-b A Cu; _�Y c y^yi t a t � -�• if` . !t 7t !! ,t 7t x 7! 1C x ! !• 'i` - - + P E T I T 1 O N _ '. WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY » : " -'- - MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D (21) , PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING" DATED JUNE 1, 1993. NAME &JXDEF� DATE PHONE NUMB/ER r. Lu-d.z 4 - 3 IF az_ TblA Ml10 5(og— "10 36 4-i'74 P E T I T I O N WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN* HE "NOTICE OF PUBLIC HEARING".DATED JUNE 1, 1993. s;'.. NAME & ADDRESS DATE PHONE NUMBER 33�f-rosy 3b y_ o yi 4697 Le -f-- 33 iL 3 �D 2 368 ¢70 "lec. 30- aag.6 Kms.. it x x R f. X x .• P E T I T I O N x WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST M."XE TO THE PLANNING COMMISSION BY ?LARLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D(213, PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING"•DATED JUNE 1, 1993. NAME & ADDRESS LATE PHONE NUMBER lel A7 3 4V ✓ . Jk« wu-a 3 4 '411 Jo 7 � •s. Fi•toS %lWr�Q� �� .- �'�zhkV -('m6F�, tLAK-E C t 3 s- 3 -3 3 - -333— 7d7 urn lr-- 1 z R x x z x x z z z x P E T I T I O N x z z z x x z x z x z WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY HARLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D121), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING".DATED JUNE 1, 1993. J) NAM��.E & ADDRESS DATE PHONE NUMBER • �a'l�dh �Gis %�%RB�cv 6-i3-93 33ySs9/ X33 q-.5991 Il ./31p- a ;. / 6- �`G9 Ta98 2`il" -��• 4�1/L •��-37``�� 4S 333-717 9 J /� , P E T I T I 0 N s WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY ' MARLO KERNER AID `SARLENE GUTIERREZ TO AMEND P -D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED•IN THE "N07 OF PUBLIC HEARING" DATED JUNE 1, 1993. NAME & ADDRESS DATE PHONE NUMBER �: �•��. •was ibis ��,�� G-/�S� 33! -- �S� '057 Ccrj Ct2 ti -13-q5 31,13-17`i54 c O; n,a7 17-11 Ca -Cod Gz' &-13`93 3GR-G { Co`i :.: /7 3 e cs ,7 zY c� �6 .��y 0ivy acS 17,6 -Lf .196L 7rem * x x x x x x x x t x P E T I T I 0 N x WE, THE RESIDENTS OF LAKESHORE VILLAG-E IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE -NOTICE OF HEARING"•DATED JUNE 1, 1993. PUBLIC z NAME & ADDRESS DATE PHONE NUMBER 1&117 whfZZAt-�-wl" 1�q1 -2..2 3 G9- 7 b Y - Mr. & !Mrs. Roy Denton 2207 Chaparral. Ct. Lodi, Ca. 95242 City of Lodi City Council 221 West Pine Street Lodi, Ca ?Mayor and City Council '.Members, Septemb.". ? CITY CLEI U. ` We are strongly urging the City Council to oppose the rezoning of property at the corner of Hettleman and Lakeshore Drive. The rezrning will adversely affect the value and livability of the expensive homes in this quiet and well kept development. The proposed Restaurant would bring in unwanted noise, odors/smoke, garbage/pests, excessive traffic and people, along with alcohol related problems. The hours of operation for such a restaurant would conflict with residents "family prime time" and "quiet and Sleep time". All of which would place unwanted and unneeded burdens upon the residents who live nearby, who have invested hundreds of thousands of dollars on their homes and must "live" with the City Council's decision. The City Planning Commission has done a great job creating a master plan, "carefully" zoning our city to protect landowners and residents as well as establish office and business areas. When zone changes were requested by businesses, the residents of Lodi have had the full support of the Lodi Planning arid Zoning Commission, protecting the residents lifestyle and homes. We know the City Council is composed of businessmen and tends to support the "BUSINESS" community. City Council has made it a habit to overturn many of the Planning Commission's decisions, thinking it will bring money into Lodi's economy. We recommend that you support the Lodi homeowners and residents in cases like this. There is an abundance of available land zoned for business and commercial use in this area. It doesn't make sense to change office zoning to commercial, at the request of "CNE" landowner, when it adversely affects so many of the residents/homeowners living in the immediate area. The economy is very depressed! "Times Are Tough"! But, "WE Lodi Citizens" cannot allow business to tread on the rights of individual homeowners. Homeowners who depended upon and trusted the City, to protect their lifestyles and homes. As Lodi homeowners or residen!.s, we have all heard, at city council meetings, big and small business owners plead their cases why they "CAN NOT" afford to have additional related busi.I:eSSCS brought into the city through rezoning. The Lodi Restaurant owners are in dire need of "PATRONS", not more restaurants! Loci can't Support another restaurant. Ask the owners of Wine and Roses or Angeli.nos, or small restaurants. As City Council, your decision tonight will indirectly affect the zoning of all. the "Office" zoned property, north and south of hettleman, trom the canal to the commercial tonin.- on mower Sacramento Rd. "Office zoned" property owners will attempt to force commercial. businesses on the surrounding residential neighborhoods. We have already: been to City Planning to protect our homes at the Meadows II, and defeated their rezoning bid so far. The Owners are eagerly awaiting "Your decision" so they can destroy our neighborhoods! The city zoned this property office in accordance with "THE MASTER PLAN". The owners of the Kettleman/Lakeshore property were aware of this zoning, and just because they want a larger financial gain, we feel it is riot right or fair that they should benefit at the expense of the immediate property owners and neighborhood. Therefore we strongly urge you to deny the rezoning request, and protect our homes, neighborhoods, and the City of Lodi! Thank you, Roy and Carol Denton do I AL SCHIM24EL 1705 Cape Cod Circle Lodi, California 95242 (209) 333-7276 August 30, 1993 CITY OF LODI Carnegie Forum 305 West Pine Street Lodi, California 95240 SUBJECT MATTER: Regarding the appeal by Marlo Kerner & Associates and a request to amend P -D (21) (Lakeshore Village) and to modify permit uses to allow a restaurant and cocktail lounge be constructed on vacant land at 1750 West Kettleman Lane, Lodi (APN 058-160-86). Previous review by Planning Commission June, 1993. Dear Sirs/Planning Commission: I wish to reiterate and re -enforce my views as stated in my previous letter to the Council for the meeting and review in June, 1993. Lakeshore Drive is the main street egress used by the majority of homeowners of the Lakeshore village community, and the same, or a portion thereof, will also be the street egress for the proposed subject business. My views remain the same in that I believe this type of business will most certainly impact the Lakeshore community in a very negative manner. The scenario is as follows: The problems start with traffic and parking spilling out onto the street (lack of sufficient parking), unsightly cars parked along the street, oil soaked pavement and deterioration of the street. The homes immediately adjacent to the proposed restaurant business become poorly maintained, and it usually continues in an ever - deepening and widening penetration into the community. Much expense (millions) has gone into construction of the lake and homes adjacent to the lake. There is a large annual expense, borne by CITY OF LODI August 30, 1993 Page Two the Lakeshore community, mor maintenance of the district and the pride of ownership of both homes and streets is certainly very apparent. I request the Lodi City Council deny the request to amend P -D (211 Lakeshore and only allow the type of business to be located in the subject location that is conducive to the maintenance of the district and appreciation of property values. Thank you for your consideration. Respectfully, � r�1ZGl�'Z ixtil� Al Schimmel AS:ug DECLARATION OF VAILING On September 3, 1993 in the City of Lodi, San Joaquin County, California, I deposited in the United States mail, envelopes with first-class postage prepaid thereon, containing a copy of the Notice attached hereto, marked Exhibit "A"; said envelopes were addressed as is more particularly shown on Exhibit "B" attached hereto. There is a regular daily communication by mail between the City of Lodi, California, and the places to which said envelopes were addressed. I declare under penalty of perjury that the foregoing is true and correct. Executed on September 3, 1993, at Lodi, California. Jebhifer bf. Perrin City Clerk Peggy Nicolini Deputy City Clerk DEC#01/TXTA.FRM OF �`� °� ` CITY OF LO D i �'� ` Date: October 6, 1993 �. CARNEGIE FORUM 4`'" 305 West Pine Street. Lodi Time: 7:00 p.m. __J For information regarding this Public Hearing Please Contact: Jennifer M. Perrin City Clerk Telephone: 333.6702 October 6, 1993 NOTICE IS HEREBY GIVEN that on Wednesday, at the hour of 7:00p.m., or as soon thereafter as the matter may be heard, the City Council will conduct a public hearing to consider the following matter: a) appeal from Marlo Kerner & Associates regarding the Planning Commission's denial of ft's request to amend P -D(21), Planned Development District No. 21 (Lakeshore Village), by modifying the permitted uses to allow a restaurant with a cocktail lounge at 1750 West Kettleman Lane (APN 058-160-86). Information regarding this item may be obtained in the office of the Community Development Director at 221 West Pine Street, Lodi, California. All interested persons are invited to present their views and comments on this matter. Written statements may be filed with the City Clerk at any time prior to the hearing scheduled herein, and oral staternents may be made at said hearing. If you challenge the subject matter in court, you may be limited to raising only those issues you or someone else raised at the Public Hearing described in this notice or in written correspondence uei ivered to the City Clerk, 221 West Pine Street, at or prior to the Public Hearing. By Order Of the Lodi City Council: 4-�� f - Perrin City Clerk Dated: September L 1993 Approved as to form: W Bobby W. McNatt City Attorney R v PUBLIC NEARING LIST V FAMOVOWARM wall__ V 1SIl JNIHd3H onand ., 1, /I / O a �- lwr f El 77' q t p - 371F 7WS cl IN -IC /-7 1',� �� •_ 1SIl JNIHd3H onand .w, P E T I T I O N x .. 1t !k 7t 1! ,►. 1C � t 1[ fe WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P—D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING" DATED JUNE 1, 1993. NAME & ADDRESS DATE PHONE NUMBER -364 �i 33Lf -91y7 v Ionia- 1,,k, -.&e, 7 y - S e,4 zeos Aec6z,— 6 TIP3 Zv • � - 3 334 -cxr3G 8✓Ism 605-16 ✓ 36 d` -,/7c" is ✓ - T c'� r ✓ (a1Tj m kt. -3 —14a'� "mhD/UQ1Pi �1h 1.OG�l cit 3 1-711 a x a a a s a s s a P E T I T I O N: WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY :1ARL0 KERNER AND MARLENE GUTIERREZ TO AMEND P—D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING"_DATED JUNE 1, 1993. NAME & ADDRESS DATE PHONE NUMBER S =cg'\ 33`f-1 7o!�`r C 2-4 0 a �,�� - �. • �� ...�,C�`. 369-i �z3 9,y5,� 1731 i !c x P E T I T I O N x WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLA`'NING COMMISSION BY MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING" DATED JUNE 1, 1993. /N AME & ES BATE to v? 1 147 1. LEI ✓tits. -770 ;s4c? PHONE NUMBER 9 rnb _P27— TA 327--TA II 1 �(o �n 10 3C 4— `fl' 23 �r .3 3�g— 7�rJ �,�34 -0451 3i3 -33� x x tt x x a t x x x x P E T I T I O N x WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI. CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY NXRLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN•THE "NOTICE OF PUBLIC HEARING".DATED JUNE 1, 1993. NAME & ADDRESS DATE PHONE NUMBER G�►/v`lA?3 �3 Y- r7 s- � / 7't fox l eta AKE X37 G,..a-93 33�-teo3"j, to -11-93 -:5(g2-I�nI 1 712 6z r n ` / T36 � Lc'.✓ odd ! _ /,�1.f v 5� x P E T I T T_ O N . t WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING".DATED JUNE 1, 1993. NAME & ADDRESS DATE PHONE NUMBER 'Z ,�A 4, -r,' .be 3(y -/any 00 W _ pp 9 o 3 8S 94 ji , I * P E T I T I O N WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY NARLO KERNER AND MARLENE GUTIERREZ TO AMEND P—D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING" DATED JUNE 1, 1993. NAME & ADDRESS DATE PHONE NUMBER .I1•� .�.z ;,;.,ate 6-.3.93 33 -Ss9/ 20 1/-Sy9/ ^�.�3 3G 9- Td98 ✓-. �c 3 *3Lei -72S S /�•3�,��``irc 333 —7 9 / 9 • x x a x fe x x x x s x P E T I T I O N x WE, THE RESIDENTS OF LAKESHORE VILLAGE IN LODI, CA..,.HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY ' MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D(21), PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING" DATED JUNE 1, 1993. NAME & ADDRESS DATE PHONE NUMBER ,,��.•�.�, .was i8i�r �ur� �.r/ G -/� �.� .5 3 � ` �'S� ol } , 1 57cord Chir. u -,3_q3 311-9-11154 1 r%M.) I I CnoP_ C ,,A C j- (o-)3-93 'Af R_G I (A, —9 ggtlf 0 33 �9�11� x x x a x x x a x a x P E T I T I O N x it x x x x x x a x ft WE, THE RESIDENTS OF LAKESHORE VILLAG-E IN LODI, CA., HEREBY PROTEST THE REQUEST MADE TO THE PLANNING COMMISSION BY MARLO KERNER AND MARLENE GUTIERREZ TO AMEND P -D(21}, PLANNED DEVELOPMENT DISTRICT NO.21, AS INDICATED IN THE "NOTICE OF PUBLIC HEARING"•DATED JUNE 1, 1993. NAME & ADDRESS DATE� PHONE NUMBER 33 9- vse 7 1