so this property is located at the corner of east columbia here i'm depicting and burke street
in 2021 the project was presented to the board the property is located in the cmx2
and partially an RSA5 zoning district.
At that time, I didn't handle this one,
but it was presented as five townhomes
and they're under construction.
A view across the street.
Here's a rendering of them being finished.
So what you're seeing on the screen is the site plan for today.
Basically, it is the same that was approved in 2021. It was presented as five townhomes in a PUD, a planned urban development arrangement, which is practically a horizontal condominium arrangement with a homeowners association that would cover whatever common area there would be.
The refusal at the time was for allowing multiple units on the lot, as well as occupied area that was at 83.9% instead of 80, zero rear yard, although there was some rear yard here, there was some overhangs that went to the lot line, and a height of 40 feet, six inches.
um the owner at the time mistakenly believed that this granting of this approval would give
of this approval would give him lots that were fee lots but in fact they were condo lots because
him lots that were feed lots but in fact they were
it was a pud because this approved one structure with five units on it so with this application
for today is simply to put subdivide the property into five lots putting the invisible lot lines
along the party walls no changes to the projects is proposed i guess i showed you it's under
construction. This will allow fee title because the PUD is really not necessary because, you know,
we typically use PUDs where you have townhomes, for example, that all don't have street frontage
because you can't create a lot unless it has street frontage. So all of our lots here have
street frontage on Columbia Avenue. So again, five units subdivided into five single family
townhome slots. It eliminates the common area in the HOA. There's four bedrooms, four baths and
eats. There's a seller for utilities. Each one is approximately 2,800 square feet. And each one has
a rear, sorry, a front garage that was approved. With that said, I'll introduce Jay. If you could
tell the board your name and address. Jay, could you please just state your name and spell for
this stenographer absolutely jay haraba just get a little closer or you know what pull towards you
it's easier so you don't have to bend over that's it is better yes it is jay haraba j-a-y-h-e-r-e-b-a
do you swear or affirm to tell the truth the whole truth nothing but the truth i do please proceed
counsel thank you jay what's your relationship to the developer and the owner i'm a representative
uh and partner of roland cassis i work out of his office in uh fishtown okay and you've heard my
presentation would you agree it's true and accurate and you would adopt it if it were your own and so
just to summarize it's fair to say the only and sole reason we're here is to subdivide this
building into five separate lots instead of five condominium arrangement townhouses that's correct
okay thank you as you mentioned mr chairman we we went to uh the fishtown neighbors hood
association and we have a letter of support okay questions from the board yeah i i have a question
i guess first um what's the rated hour separation between these units
can you repeat your question what's the what's the the fire rating the fire separation between
these units one hour two hour i would need to double check but it should be code compliant as
as per the plans we did have to resubmit building plans uh in the arrangement of uh fee instead of
condominium uh related so it's not so it's no longer considered one structure with five units
would be five separate structures so i guess so my concern is that typically if you're hondo
a separation you only need a one hour separation but if you're doing fee simple you need a two hour
separation between those units so that's the answer but i could confirm that if you want to
the other the other the other question that i have is what's the overall sort of desire
to go from a condo to fee simple uh two reasons one is it eliminates the need for the hoa
And two, because they all have street frontage, it's actually more viable and more desirable to purchase as a fee lot than a condominium lot.
It would be given a unit number.
So I guess what I'm understanding is that the primary reason is this ability to sell.
Well, if I rewind, the primary reason was there was a mistake in the first application.
They thought they were getting a subdivision.
and then they weren't, but you're correct in that statement.
All right, thank you.
Other questions?
Questions or comments from our attorney?
Not at this time, Mr. Chair.
Questions or comments from the virtual audience?
Yes, Chair, I have a hand up from Robert Bob Everett.
I'm Mr. Everett.
Mr. Everett
It should be coming in shortly
Hi Mr. Everett
For the record state your name and spell for the sonographer
Sure first name is Robert
Last name Everett
E-V-E-R-E-T-T
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth, Mr. Everett?
Right. Do you swear or affirm to tell the truth, the whole truth, nothing but the truth, Mr. Everett?
Yes, I do.
Please proceed, sir.
I'm just here to confirm our support as the Fishtown Neighbors Association's zoning committee chair of this project.
And the neighbors much more prefer private ownership as to HOAs in our community.
Okay. Thank you very much.
Anyone else in the virtual audience?
Planning Commission.
There are no hints.
Amy Boyd with the Planning Commission.
The comprehensive plan recommends no change in zoning at this location from the existing commercial mixed use CMX2.
The appellant begun this work under proper permits and requiring the demolition of previously approved structures would cause undue economic deterrent.
The Planning Commission recommends that the Board grant all requested variances.
Thank you.
um hillary would do we want to hold this just to get the answer about the fire safety issues
and we can close it except for that and then we'll vote on it next week at 2 p.m
um it is it is up to the board why don't we do why don't we do that and that way we get everybody
yeah i'll provide that right thank you so much on it you shouldn't need it because he did get
revised plans and that is part of the plan review well i wouldn't need revised zoning plans it
would need that would show up in the building that would be addressed at the building codes
fire the fire rating right just get the information provided for us and everything
is closed except for what you provide hillary i understand we're going to vote on this next
week at 2 p.m thank you thank you both thank you
and my 2024
007 384
3200 Red Lion Road
Eileen Quigley is the attorney
non-opposition
from Council Member O'Neill
unanimous support from West Tarsdale
but do you well just just try to get that microphone a little closer to you because
it's it drifts away it gets a little hard let's put it on now the green lights there you go there
you go could you please state your name it's bell for this stenographer yes eileen quigley e-i-l-e-e-n
Wigley, Q-U-I-G-L-E-Y. Do you swear or affirm to tell the truth, the whole truth, nothing but the
truth? I do. Could you identify your client, the relationship to the property? Yes. Our client
here today on behalf of Archwell Health LLC is Dr. Charlene Moten, who is Senior Market Medical
Director for Archwell. I believe she has appeared before you before. She has. Yes. And I'm sorry,
I just wanted to note that Mr. Seth Dickey, who has appeared before you before, is unable to
attend due to illness okay but yeah obviously dr moten can all right do you waive the reading of
the refusal and do you agree with its accuracy i do um share your screen and start your presentation
okay do i need to raise my hand in order to share my screen because i don't have the icon coming up
I was trying to promote Ms. Quigley, but I'm unable to.
Would somebody help me, please?
I just did, yes.
So I think that should be good.
Okay. Here we go. I'll get there eventually. It's been five years. I'm so used to be, you know,
we were in person and for five years, we all bugged out and we're virtual. So I'm very happy
to see everybody, first of all, and even colleagues that I haven't seen Ron Patterson being one of
them. So I'm very happy to see people again. So can everybody see our exhibit packet? Yes.
So for the record, we uploaded the necessary documents, and those documents were accepted.
We're here today for 3200 Red Lion Road, which is the existing Academy Plaza shopping center.
And with regard to this variance request we're here for today, I just want to make a note of
i just want to make a note of some documents that we've submitted as part of the packet we
some documents that we've submitted as part of the packet. We have the lease.
have the lease we have an affidavit at the lease at number one the affidavit of service and um
the posting at exhibit three as well as the neighbor notice letter that gave the neighbors
notice of the rco meeting and the zoning board hearing and that's as exhibit 11 with the
certificates of mailing i do want to note i did send an email to counsel miss emerson and to mr
Hagerty. We don't have the tax
clearance certificate, but we did get confirmation
and I have a copy
of that too, if that would help, Hillary.
We did get confirmation
from our client that the property owner
did pay the real estate
taxes, but
we did get the proof of payment, so we're also
Oh, okay, perfect.
Yes, we did. Sorry to have to look over
our notes. No, it's quite all right.
I just wanted to make sure it just wasn't coming up on the
website for the revenue department.
so i'm going to move it along
counsel what the only before you start uh do you have the term of the lease
the least i think hillary said it was redacted you
it's done oh i'm sorry yeah that was one of the things that was redacted in the lease it wasn't
clear when i'm sorry so typically they're for 10 years or 10 year leases all our leases yeah
10 years? Okay. Thank you. Please proceed. So as we said, the lease is at tab one. So in addition to the documents we provided here, just for the record, we did meet with the RCO and the community on January 16th. As you stated, Chair Bergman, we did receive a letter of support.
There were conditions on that letter of support from the RCO, which were agreed upon between
Archwell and the RCO, so we're fine with that.
In addition, we, as you noted, Council Member O'Neill submitted a letter of non-opposition.
So we're here today for a variance for the use at 3200 Red Lion Road for a medical and
health practitioner office use.
this is an existing rite aid
so archwell makes it purposely moves into existing spaces and also moves into spaces
that have easy access to transit for the board's clarification this is permitted this property
lies within the ca1 zoning district which permits the medical and health practitioner office use
The reason why we were refused is because the overlay, the Northeast overlay, specifically prohibits this type of use.
So to give you an idea of where the space is, here is a front photo of the existing tenant space and the rear tenant space.
So what Archwell does, as you're probably aware, is they provide primary care services for patients 60 and over.
The services also extend to health and wellness, which could be nutrition, education, social work services, any type of zoning or not zoning, I'm sorry, yoga clinics and health fairs.
as far as the operation archwell typically operates with 35 full-time staff which are
doctors nurses nurse practitioners and support staff they operate from monday through friday
8 a.m to 5 p.m this is not they do not dispense medicine this isn't a drug rehabilitation
center it's not a drug treatment center it's not a methadone clinic
they have private contracts for commercial trash and medical waste pickup
again it's there's no parking that's being triggered here because this is the ca1 zoning
district which is the underlying zoning district and parking is based on net leasable area we're
not changing the net leasable area this archwell will be moving into an existing right aid space
space, which is 11,860 square feet. Based on everything that R2L has to offer and moving
into an existing space, we believe the variant should be granted, not only because it is
a benefit to the health, safety, and welfare, but it also is under previous case law from
2024, you could apply the de minimis concept to this use variant because it is permitted
it in the underlying zoning district but not in the overlay it's a benefit as i said and it does
It's a benefit, as I said, and it does not cause a detriment to the neighborhood.
not cause a detriment to the neighborhood
It is consistent with the character of the neighborhood.
And with that, I would like to have Dr. Moten elevated.
Could you please state your name and spell for the stenographer?
Charlene Moten, S-H-I-R-L-E-N-E-M-O-T-E-N.
Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?
Please proceed, counsel.
so dr moten you heard my presentation here today and do you believe it's true and accurate
and if you were to testify today would you adopt my my presentation as your testimony
thank you dr moten council you were here last week right doctor if i do yes
this is the fourth time
all right and we'll be back again in april let's let's get it back in under the control
questions from the board i have a question just regarding signage um is that like something
that's coming down later or yes it's we yeah well this is typically what it looks like
if you can see yeah nice and orange and blue we like to really have everything that appeals to
seniors as we get older you know we lose the ability to see color like we did when we were
a little younger so our spaces are very large open very colorful uh making it easy for them to
move about the space.
I just want to know. I'm not going to like color anymore.
Is the signage in the refusal?
No, we did not apply for any improvements. This is a use application
only for the use of the existing tenant space. But we believe this signage
should be permitted by Rite anyway because it's going to be replacing existing