HomeMy WebLinkAbout1249 Bernal Avenue - Staff ReportItem No. 3 a .
Consent Calendar
City of Burlingame
Lot Coverage and Side and Rear Setback Variances for a Single Story Addition
Address: 1249 Bernal Avenue Meeting Date: 5/10/04
Request: Lot coverage, side and rear setback variances for a single story addition at 1249 Bernal Avenue,
zoned R-1 (C.S. 25.28.065, C.S. 25.28.072 (c)(d))
Applicant/Property Owner: Linda Frye APN: 026-173-020
Designer: Mark Robertson Lot Area: 9,500 SF
General Plan: Low density residential Zoning: R-1
CEQA Status: Article 19. Categorically Exempt per Section: 15301 Class 1-(e) additions to existing
structures provided the addition will not result in an increase of more than 50% of the floor area of the
structures before the addition.
Summary: The applicant is requesting lot coverage, side and rear setback variances for a 61 SF single story
addition at 1249 Bernal Avenue, zoned R-1. Easton Creek runs through the subject property, which is almost
square, 100 feet wide and 95 feet deep. The garage is built on the left side of the creek and the existing single
story house is built on the right side of the creek. There is a covered deck constructed over the creek that
connects the house and the garage. Portions of the deck that are over 30" above grade and/or are covered are
counted toward lot coverage.
The proposed single story addition is 61.25 SF of the master bathroom along the right rear sicie of the house.
Because of bridging the creek the existing site is already over on lot coverage at 41.3% (3,930 SF) where 40%
(3,800 SF) is the maximum lot coverage allowed. With the proposed addition the lot coverage will increase to
42.0% (3,991 SF), which requires a lot coverage variance. The floor area will increase to 3,344 SF (0.35 FAR)
where 4,140 SF (0.43 FAR) is the maximum floor area allowed. The areas below the deck (272 SF) over
Easton Creek that are more than 6 feet in height, measured from grade to the underside of the deck, are counted
in floor area, as well as areas under the covered portion of the deck (485 SF).
The existing right side and rear setbacks are non-conforming, with the right side setback at 3' 1" where 7' is
required, and the rear setback at 2' where 15' is required. The proposed single story addition will have a 4'8"
right side setback and an 11' rear setback, requiring both side and rear setback variances.
The proposed addition requires:
• Lot coverage variance, 42% (3,991 SF) proposed where 40% (3,800 SF) is the maximum lot coverage
allowed;
• Side setback variance for a 4'8" right side setback where 7' is required, and 3' 1" for the existing right
side setback where 7' is required; and
• Rear setback variance for an 11' rear setback where 15' is required, and 2' for the existing rear setback
where 15' is required.
PROPOSED EXISTING ALLOWED/REQ'D
SETBACKS
Front: No change 12' 15' or block average
Side (left) No change 2' * 7'
-1-
Lot coverage, sicle and rear setback variances 1249 Bernal Avenue
PROPOSED EXISTING ALLOWED/REQ'D
Side (right): 4'8"' 3'1" * 7'
Rear: l l,z 2,* 15'
LOT COVERAGE: 42% 41.3%* 40%
(3,991 SF) (3,930 SF) (3,800 SF)
FAR: 3,344 SF/ 3,282 SF/ 4,140 SF/
0.35 FAR 0.34 FAR 0.43 FAR
PARKING: No change 1 covered in garage 2 covered in garage
(19' x 23')* (20' x 20')
+ 1 unc. in driveway + 1 unc. in driveway
HEIGHT: 10'6" 11'6" 30' or 2'/z stories
* Existing non-conforniing
1 Side setback variance for a 4'8" side setback where a 7' side setback is required;
2 Rear setback variance for 11' rear setback where 15' rear setback is required; and
3 Lot coverage variance for 42% lot coverage where 40% is the maximum allowed.
Staff Comments: See attached. Planning staff would note that this application includes variances for two
non-conforming setback requirements with the condition that should this property ever be re-used/constructed
or a major remodel occur that all applicable regulations required in the code at that time shall be met on the
site. The reason is that under current code if a house with non-conforming setbacks is demolished in a disaster
or by fire it can be replaced as it was originally on the lot. Given the extent of the current exceptions to the
code and since the property owner is requesting to make an addition which still does not conform to present
setbacks and increases the lot coverage, which also extends the life of the substantial existing nonconformity it
seems appropriate to have this property become compliant with the code should it ever need to be replaced.
The applicant notes that all access to construction will be done through the right side yard and the house.
There will be no construction staging on the creek side of the house.
April 26, 2004 Study Meeting: On April 26, 2004, the Planning Commission reviewed the lot coverage and
side and rear setback variances for a 61 SF single story addition at 1249 Bernal Avenue. The Planning
Commission had no questions and voted to place this item on the consent calendar for the next meeting. No
changes were requested for this proposal.
Required Findings for Variance: In order to grant a variance the Planning Commission must find that the
following conditions exist on the property (Code Section 25.54.020 a-d):
a) there are exceptional or extraordinary circumstances or conditions applicable to the property involved that
do not apply generally to property in the same district;
b) the granting of the application is necessary for the preservation and enjoyment of a substantial property
right of the applicant, and to prevent unreasonable property loss or unnecessary hardship;
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Lot coverage, sirle and rear setback variances 1249 Bernal Avenue
c) the granting of the application will not be detrimental or injurious to property or improvements in the
vicinity and will not be detrimental to the public health, safety, general welfare or convenience; and
d) that the use of the property will be compatible with the aesthetics, mass, bulk and character of existing and
potential uses of properties in the general vicinity.
Varianee Findings: The single-story extension, as proposed, will be compatible with the existing architecture
and style of the house. Moreover, the single story addition is only 61 SF and is located at the rear of the
property, not visible from the street. The existing right side setback is already non-conforming at 3' 1", and the
proposed addition will have a side setback of 4'8", a greater side setback than the existing right side setback.
The complicated design of the house does not allow for simple expansion or modification. In order to meet lot
coverage requirements changes would be need to be made to the existing design of the house that would be
detrimental to the architectural character of the house. Based on these findings, the project is found to be
compatible with the variance criteria listed above.
Planning Commission Action: The Planning Commission should hold a public hearing. Affirmative action
should be by resolution and include findings made for lot coverage and side and rear setback variances, and the
reasons for any action should be clearly stated. At the public hearing the following conditions should be
considered:
Conditions:
1. that the project shall be built as shown on the plans submitted to the Planning Department and date
stamped April 7, 2004, sheets 1 through 3, site plan, floor plans and elevations;
2. that there shall be no staging, or storage of construction equipment or materials along the creek side
portion of the house or around the trees on the lot, all construction access shall be along the right side
yard or through the house;
3. that should the existing structure, as remodeled under this permit, ever be willfully demolished or
removed from the site, the lot coverage variance and side and rear setback variances shall become null
and void and the site shall be developed within the lot coverage and setback regulations in effect at the
time of reuse;
4. that any changes to the size or envelope of the first floor, which would include adding or enlarging a
dormer(s), converting attic space to habitable living space, moving or changing windows and
architectural features or changing the roof height or pitch, shall be subject to Planning Commission
review;
5. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single termination
and installed on the portions of the roof not visible from the street; and that these venting details shall
be included and approved in the construction plans before a Building permit is issued;
6. that the conditions of the City Engineer's memo dated March 22, 2004 shall be met;
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Lot coverage, side and rear setback variunces
1249 Bernal Avenue
7. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance which
requires affected demolition, new construction and alteration projects to submit a Waste Reduction Plan
and meet recycling requirements; any partial or full demolition of a structure, interior or exterior, shall
require a demolition permit;
that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water Management
and Discharge Control Ordinance; and
9. that the project shall meet all the requirements of the California Building and Fire Codes, 2001 edition,
as amended by the City of Burlingame.
Catherine Barber
Planner
c: Mark Robertson, designer
-4-
Project Comments
Date: 03/15/2004
To: �City Engineer
❑ Chief Building Official
❑ Fire Marshal
❑ Recycling Specialist
❑ City Arborist
❑ City Attorney
From: Planning Staff
Subject: Request for lot coverage, and side and rear setback variances for a
first floor addition at 1249 Bernal Avenue, zoned R-1, APN:026-
173-020
Staff Review: 03/22/2004
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Reviewed by:
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Date:
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CITY OF BURLINGAME PLANNING COMMISSION UNAPPROVED MINUTES
501 Primrose Road, Burlingame, CA
April 26, 2004
7:00 P.M.
Council Chambers
I. CALL TO ORDER
II. ROLL CALL
Chair Bojues called the April 26, 2004, regular meeting of the Planning
Commission to order at 7:05 p.m.
Present: Commissioners Auran, Bojues, Keighran, Keele, Osterling and
Vistica
Absent: Commissioners: Brownrigg
Staff Present: City Planner, Margaret Monroe; Planner, Ruben Hurin; City
Attorney, Larry Anderson; Senior Engineers, Phil Monaghan and Doug Bell
III. MINUTES Commission reviewed the minutes of the April 12, 2004 regular meeting. C.
Auran noted that he had abstained from the vote on item 2d, 1080 Howard
Avenue. The Planning Commission were approved the minutes for the
meeting as amended.
IV. APPROVAL OF AGENDA There were no changes to the agenda.
V. FROM THE FLOOR
VI. STUDY ITEMS
There were no public comments.
1. 1249 BERNAL AVENUE, ZONED R-1 — APPLICATION FOR LOT COVERAGE VARIANCE AND
SIDE AND REAR SETBACK VARIANCES FOR A FIRST FLOOR ADDITION (LINDA FRYE,
APPLICANT AND PROPERTY OWNER; MARK ROBERTSON, DESIGNER) PROJECT PLANNER:
CATHERINE BARBER
CP Monroe presented a summary of the staff report. The Planning Commission had no questions.
This item was set for the consent calendar at the next available agenda. This item concluded at 7:08 p.m.
2. 508 PENINSULA AVENUE, ZONED R-3 — APPLICATION FOR CONDOMINIUM PERMIT AND
VARIANCE FOR DELIVERY VEHICLE PARKING FOR A NEW THREE-UNIT RESIDENTIAL
CONDOMINIUM (DINO ROPALIDIS, APPLICANT AND PROPERTY OWNER; JAIME RAPADAS,
A/R DESIGN GROUP) PROJECT PLANNER: RUBEN HURIN
Plr. Hurin presented a summary of the staff report. Commissioners asked:
Is the shingle siding (half round siding) shown sheet A-3 drawn to scale; they appear proportionately
large, please make sure they are drawn to scale;
Concerned with variance request for not providing a delivery vehicle space on-site, there may be enough
room at the front of the lot to provide one, 66% front landscaping now proposed when only 50% is
required, the area at the front is flat, feel that both landscaping and a delivery vehicle space can be
provided;
City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlingame.org
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��E APPLICATION TO THE PLANNING COMMISSION
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Type of application: Design Review Conditional Use Permit Variance
Special Permit Other Parcel Number:
Project address: � Z �.. � � ��i /� (_ I�� �% �
APPLICANT
Name:___LINDR I—RY�.
PROPERTY OWNER
Name:
Address:� °� �j�RN►� �. �1Vi. , Address:
City/State/Zip: 8itif21�h16i If�,rvl � . C�} . �,(r�l� City/State/Zip: �i:E �UGl9,t�1 %
Phone (w): �55 — 7°% �. `'J Phone (w):
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ARCHITECT/DESIGNER
Name: �'1'1t4�'•�,L �jp���,t; -��IS—
Address: `' �� L � �f�41�3g' �'i.�}(,c
City/State/Zip:��fi�? I��'F�%, C1�, `�,�'Z
Phone (w): �65U �J%l -1/Z��
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Please indicate with an asterisk *
the contact person for this project.
RECEIVED
MAR 1 5 2004
AFFADAVIT/SIGNATURE: I hereby certify under penalty of perjury that the information
given herein is true and correct to the best of my knowledge and belief.
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Applicant's signature: :< � 1� Date: � 15 I��
I know about the proposed application and hereby authorize the above applicant to submit this
application to the Planning Commission.
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Property owner's signature: Date: � �
Date submitted: ��� S/D�f-
PCAPP.FRM
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City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin�ame.org
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CITY OF BURLINGAME
'VARIANCE APPLICATION
MAR 1 5 2004
� � CITY OF BURLINGAME
PLANNING DEPT.
The Planning Commission is required by law to make findings as defined by the City's Ordinance
(Code Section 25.54.020 a-d). Your answers to the following questions can assist the Planning
Commission in making the decision as to whether the findings can be made for your request.
Please type or write neatly in ink. Refer to the back of this form for assistance with these
questions.
a.
Describe the exceptional or �xtraordinary circumstances or conditions applicable to your
property which do not apply to other properties in this area.
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b. Explain why the variance request is necessary for the preservation and enjoyment of a
substantial property right a�d what unreasonable property loss or unnecessary hardship
might result form the denial of the application.
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c. Explain why the proposed use at the proposed [ocation will not be detrimental or
injurious to property or improvements in the vicinity or to public health, safety, general
welfare or convenience.
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d. How will the proposed project be compatible with the aesthetics, mass, bulk and
character of the existing and potential uses on adjoiniHg properties in the general
viciniry?
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City of Burlingame Planning Department 501 Primrose Road P(650) 558-7250 F(650) 696-3790 www.burlin�ame.orQ
a. Describe the exceptional or e.ztraordinary circumstances or conditions applicable to your properry
which do not apply to other properties in this area.
Do any condirions exist on the site which make other altematives to the variance impracricable or impossible and are also not
common to other properties in the area? For example, is there a creek cutting through the property, an exceprional tree
specimen, steep terrain, odd lot shape or unusual placement of existing structures? How is this property different from others
in the neighborhood?
b. Explain why the variance request is necessary for the preservation and enjoyment of a
substantial properry right and what unreasonable property loss or unnecessary hardship might
result form the denial of the application.
Would you be unable to build a project similar to others in the area or neighborhood without the exception? (i.e., having as much
on-site parking or bedrooms?) Would you be unable to develop the site for the uses allowed without the exception? Do the
requirements of the law place an unreasonable limitation or hardship on the development of the property?
c. Explai� why the proposed use at the proposed location will not be detrimental or injurious to
property or improveme�zts in the vicinity or to public health, safety, general welfare or convenience.
How will the proposed structure or use within the structure affect neighboring properties or structures on those properties? If
neighboring properties will not be affected, state why. Think about traffic, noise, lighting, paving, landscaping sunlight/shade,
views from neighboring properties, ease of maintenance.
Why will the structure or use within the structure not affect the public's health, safety or general welfare?
Public health includes such things as sanitation (garbage), air quality, discharges into sewer and stormwater systems, water supply
safety, and things which have the potential to affect public health (i.e., underground storage tanks, storage of chemicals, situarions
which encourage the spread of rodents, insects or communicable diseases).
Public safety. How will the structure or use within the shucture affect police or fire protection? Will alarm systems or sprinklers
be installed? Could the structure or use within the structure create a nuisance or need for police services (i.e., noise, unruly
gatherings, loitering, traffic) or fire services (i.e., storage or use of flammable or hazardous materials, or potenrially dangerous
activities like welding, woodwork, engine removal).
General welfare is a catch-all phrase meaning community good. Is the proposal consistent with the city's policy and goals for
conservation and development? Is there a social benefit?
Convenience. How would the proposed structure or use affect public convenience (such as access to or parking for this site or
adjacent sites)? Is the proposal accessible to particular segments of the public such as the elderly or handicapped?
c� How will the proposed project be compatible with the aesthetics, mass, bulk and character of the
existing and poteHtial uses on adjoining properties in the general vicinity.
How does the proposed structure or use compare aesthetically with existing neighborhood? If it does not affect aesthetics, state.
why. If changes to the structure are proposed, was the addirion designed to match existing architecture, pattern of development
on adjacent properties in the neighborhood? If a use will affect the way a neighborhood or area looks, such as a long term airport
parking lot, compare your proposal to other uses in the area and explain why it fits.
How does the proposed siructure compare to neighboring struchues in terms of mass or bulk? If there is no change to the structure,
say so. If a new shucture is proposed, compare its size, appearance, orientation, etc. with other structures in the neighborhood or
area.
How will the structure or use within the struchue change the character of the neighborhood? Think of character as the image or
tone established by size, density of development and general pattern of land use. Will there be more traffic or less parking available
resulting from this use? If you don't feel the character of the neighborhood will change, state why.
How will the proposed project be compatible with existing and potential uses in the general vicinity? Compaze your project with
existing uses. State why you feel your project is consistent with other uses in the vicinity, and/or state why your project would be
consistent with potential uses in the vicinity.
VAR.FRM
City of Burlingame Planning Department 501 Primrose Road P(650) 555-7250 F(650) 696-3790 ww��.burliiies�ne.or4=_
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RECEIVED
MAR 1 5 2004
CITY OF BURLINGAME
The Planning Commission is required by law to make tiridings as defined by the City's OrdinLai N N I N G D E PT.
(Code Section 25.54.020 a-d). Your answers to the following questions can assist the Plannirl�
Commission in making the decision as to whether the findings can be made for your reyuest.
Please type or write neatly in ink. Refer to the back of this form for assistance with these
c�uestions.
a. Describe tlie exceptio�zal or extraordinary circuinsta�rces or conditio�is applicable to3�oi�r
propert,y� ►v/tich do �iot apply to otlier properties in t/iis area.
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b. Explain why the variance request is necessary for the preservation and e�ijoyment of cr
substantial property right and what unreasonab[e property loss or unnecessar}� hardship
mig/it result forni the deitial of tlie applicatioit.
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c. Explain rt�l�}� tlie proposed use at t/�e proposell �OCllllOil will itot be detri�neiita/ ur
i�ijurious to property or irrip�•oveme�zts in the viciiiih� or to piiGlic health, safety, gen��rrr!
welfare or convenience.
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cl. flow will the p►�oposed project be compatible with the aesthetics, n:uss, bulk aitd
character of the existi�ig aiid potential uses oia adjoining properties iii the generul
viciniry,?
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eu�euH w�E PLANNING DEPARTMENT
rtu, o�, ,, 501 PRIMROSE ROAD
BURLINGAME, CA 94010
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Site: 1249 BERNAL AVENUE
Application for lot coverage variance and side
and rear setback variances for a first floor pV BLIC H EARING
addition at: 1249 BERNAL AVENUE, zoned NOTICE
R-1. (APN: 026-173-020).
The City of Burlingame Planning Commission
announces the following public hearing on
Monday, May 10, 2004 at 7:00 P.M. in the City
Hall Council Chambers located at 501 Primrose
Road, Burlingame, California.
Mailed: April 30, 2004
(Please refer to other side)
CITY OF B URLINGAME
A copy of the a
to the meeting
Burlingame, Cal
be reviewed prior
Primrose Road,
If you cha
raising on
described
at or prior
Property c
tenants at
558-7250.
Margaret Nl�
City Planner
be limited to
iblic hearing,
;d to the city
ming their
call (650)
(Please refer to other side)
RESOLUTION APPROVING CATEGORICAL EXEMPTION, LOT COVERAGE AND REAR
AND SIDE S ETBACK VARAINCES
RESOLVED, by the Planning Commission of the City of Burlingame that:
WHEREAS, a categorical exemption has been proposed and application has been made for a lot
coverage and rear and side setback variances for a sin le story addition at 1249 Bernal Avenue, zoned R-
1, Linda D. Frve propertv owner, APN: 026-173-020;
WHEREAS, said matters were heard by the Planning Commission of the City of Burlingame on
Mav 10, 2004, at which time it reviewed and considered the staff report and all other written materials and
testimony presented at said hearing;
NOW, THEREFORE, it is RESOLVED and DETERMINED by this Planning Commission that:
On the basis of the Initial Study and the documents submitted and reviewed, and comments
received and addressed by this commission, it is hereby found that there is no substantial
evidence that the project set forth above will have a significant effect on the environment,
and categorical exemption, per CEQA Article 19. Section: 15301 Class 1-(e) additions to
existing structures provided the addition will not result in an increase of more than 50% of
the floor area of the stnzctures before the addition.
2. Said lot coverage, rear and side setback variance are approved, subject to the conditions set
forth in Exhibit "A" attached hereto. Findings for such variances are set forth in the
minutes and recording of said meeting.
3. It is further directed that a certified copy of this resolution be recorded in the official
records of the County of San Mateo.
Chairman
I, , Secretary of the Planning Commission of the City of Burlingame, do hereby
certify that the foregoing resolution was introduced and adopted at a regular meeting of the Planning
Commission held on the 10`h day of May 2004, by the following vote:
Secretary
EXHIBIT "A"
Conditions of approval for categorical exemption, lot coverage and rear and side setback variances.
1249 Bernal Avenue effective May 20, 2004
1. that the project shall be built as shown on the plans submitted to the Planning Department and date
stamped Apri17, 2004, sheets 1 through 3, site plan, floor plans and elevations;
2. that there shall be no staging, or storage of construction equipment or materials along the creek
side portion of the house or around the trees on the lot, all construction access shall be along the
right side yard or through the house;
3. that should the existing structure, as remodeled under this permit, ever be willfully demolished or
removed from the site, the lot coverage variance and side and rear setback variances shall become
null and void and the site shall be developed within the lot coverage and setback regulations in
effect at the time of reuse;
4. that any changes to the size or envelope of the first floor, which would include adding or enlarging
a dormer(s), converting attic space to habitable living space, moving or changing windows and
architectural features or changing the roof height or pitch, shall be subject to Planning
Commission review;
5. that all air ducts, plumbing vents, and flues shall be combined, where possible, to a single
termination and installed on the portions of the roof not visible from the street; and that these
venting details shall be included and approved in the construction plans before a Building permit
is issued;
6. that the conditions of the City Engineer's memo dated March 22, 2004 shall be met;
7. that the project shall comply with the Construction and Demolition Debris Recycling Ordinance
which requires affected demolition, new construction and alteration projects to submit a Waste
Reduction Plan and meet recycling requirements; any partial or full demolition of a structure,
interior or exterior, shall require a demolition permit;
8. that the applicant shall comply with Ordinance 1503, the City of Burlingame Storm Water
Management and Discharge Control Ordinance; and
9. that the project shall meet all the requirements of the California Building and Fire Codes, 2001
edition, as amended by the City of Burlingame.
. _
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