civus
Hearing video

ZBA Hearing - August 28, 2024

Philadelphia Zoning Board of Adjustment (ZBA)Aug 28, 20245h 58m

through oxford street you walk through a separate entrance going up a flight of steps and just to

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reiterate the the the bi-level units that are on the first floor have separate access from the

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streets each one correct yes the first four units are designed to um come in off their home their

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own access um the and then there's actually two means of egress for each of the upper units

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so there is a door on west oxford street at the bottom and also one of the doors on 27th street

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that's highlighted in yellow also would get them upstairs to those units all right great

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and then when we go on the third floor so what are we looking at here so the third floor um

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is also two two bi-level units um the fourth and fifth unit they are also like a little over

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1,250 square foot each two beds two and a half bathrooms and on the third floor these each have

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the balcony off the dining spaces there. Gotcha. And then you go up an internal flight of steps

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to two bedrooms. Is that correct? Correct. Yeah. And then we eliminated the roof deck. We are

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keeping the HVAC units up there, but we eliminated the roof deck and there's access to those

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mechanicals through a roof hatch. Is that correct? Correct. There will be access through the interior

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of the upper units that will access that um for any kind of service that might need to happen on

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those units all right and then why don't you explain these elevations like what are the

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materials that are proposed for this project so it's a mix of brick and metal panels we have a

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little bit of some offset materials there um so you need nice sturdy materials

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In terms of the height variance, how did you design

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In terms of the height variance, how did you design around that height variance request?

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So what we did was we tried to make the building appear from the outside the same as any kind of by right building.

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So typically a by right building would be 38 feet to the roof plus the 42 inch parapet, which would bring the, you know, from the street, that building looks like 41 foot six inches.

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So what we did is we kind of utilized that plate as our benchmark and kept our parapet height at that number and then was able to fit the four stories within, you know, with just a minimal parapet.

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And the purpose of asking for that additional height is to provide more height in the units themselves. Is that right?

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Exactly. Yeah, it allows us to keep like a nice clear floor to ceiling height.

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And it's so small, but what's the height of the floor to ceilings in the units themselves?

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They're generally about nine. They're just about nine feet clear.

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And then what are we looking at here in the zoning site plan?

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this this is the this is the revised one um so this is removing

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yes sorry um so we removed the pilot houses that were originally in those bubbled areas

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gotcha so right here is like from a view from the from the from the roof itself

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here and then this is a side elevation showing that those pilot houses have been removed

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All right. Well, thank you so much, Ryan. I'm sure the board may have some questions, so please stay on. Members of the board, this is our RCO meeting notice. We met with the community last on August 15th, as stated, at 630 p.m.

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We sent that notice out two weeks beforehand, August 1st.

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We emailed that notice as well to the community group, as well as relevant parties.

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And in that email, we included not only the notice, but proof of mailing of that notice to 124 addresses.

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These are the addresses that we mailed that notice to.

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This is proof of mailing of that notice.

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and then finally or not finally but further along this is the application for appeal that we filed

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on behalf of our client which includes a notice of which includes the notice of refusal as well

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as the project information form we also included the deed to the property showing that my client

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owns the property has done so since October of 2023 and then finally the certificate of tax

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clearance, showing that no money is owed with regards

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to real estate taxes. So I'm going to unshare my screen.

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I would ask that Mr. Clark virtually raise his

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hand and be sworn in as well.

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Donovan Clark, please unmute yourself and wait for the chair.

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Sir, could you please state your name and spell for the stenographer?

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My name is Donovan Clark, D-O-N-O-V-A-N-C-L-A-R-K-E.

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Do you swear or affirm to tell the truth, the whole truth, nothing but the truth?

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Yes, I do.

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Please proceed, counsel.

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Yeah, Mr. Clark, you heard everything I had to state today about your azimuth matter.

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Yes, I did.

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And is it true and correct?

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Yes, it is.

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And do you adopt it as your own testimony?

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Yes, I do.

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yeah specifically regarding the five units um you know this in your opinion is the least modification

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possible uh for this project uh to be um effectuated yes it is all right thank you

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questions from the board um i have a question uh did that design include basement living for those

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It does include basement living.

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And the other question is, what is the hardship?

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Is he saying that he can't sell three barright single family units in that area?

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The hardship, and I would ask Ryan to speak to that, is the size of the lots are very shallow.

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So there is no way to actually build a functional single family home on there.

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So, Ryan, can you, is that correct?

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That's the hardship from a technical standpoint regarding the size and configuration of the current lots?

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Clark, are we talking?

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I'm asking Ryan, the architect.

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Oh, I don't know if we lost them. Yeah, but there he is. I'll speak again, sir.

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I don't know if we lost him.

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Yeah.

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Hi, sorry. Yes, the lots are 35, but deep, which is a kind of unusual shorter block or.

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For current for us to build a single family on.

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So, I think it would be rather difficult, if impossible, to have functional floor plans

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for these non-conforming lots.

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Would that be accurate, Ryan?

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Ryan's still there.

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He is.

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He's just muted.

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Dr. Sola Mayo, please unmute yourself.

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Yes.

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Questions from the board.

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Yeah, I saw on the same line as board member Graham.

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I guess the concern that I have is the basement living

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and the depth that that space is below grade.

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And what is the floor level below grade?

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the basement i can pull that up i'm sorry i think we're eight foot clear at the basement level

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no no so we would need all the building code for egress light and air and everything

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um to make these fully code compliant units so your so your your basement floor level is eight

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foot below the pavement below grade it is yes so it's fully subversed below grade

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that it is yeah that that i do have a concern with um just looking at just your your elevation

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and the section that the window is completely below grade uh is is a concern uh for me um i

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I know code, notwithstanding the code, that's just a general concern that both the bedroom

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and living, all the bedrooms are completely below grade with grates over the window wells.

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So that's a concern for me.

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Other than that, I think the units are laid out very well.

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Additional questions from the board?

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questions more attorney hillary emerson

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um i just wanted to note um that if there are balconies proposed with the third floor as well

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as the second floor we do need that noted on the proviso form so we would need an updated

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proviso form yeah i'll send one afterwards um thank you of course questions or comments

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from the virtual audience.

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I see

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no hands at the side, Chair.

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Planning Commission.

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Amy Boyd with the Planning Commission.

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In

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2014, the zoning map was amended

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from CMX 2 to RSA

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5 at this location in accordance

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with the comprehensive plan.

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The lot is shallow and the previous structure's

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rear yard setbacks were also less

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than the proposed 9 feet.

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The proposed density is in scale with

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the surrounding properties in the neighborhood for unit count. However, the proposed height is

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not characteristic of the surrounding neighborhood or the least minimum variance. The city planning

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commission recommends that the zoning board grant the requested variance for five family and rear

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yard setback and deny the requested variance for height. Mr. Chair, can I just respond? Sure.

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So typically, I know it's a hard thing to ask for for height, and I get that. It is in character. There is 2623 West Oxford Street, which is around the corner from us, where this board did grant a height variance.

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We also were very mindful in our design of the project to dealing with the parapets. So from the outside world, I know technically we're beyond the height limitation, but from the outside world, we did design in a way where from the outside world, it would look exactly the same of the 38 feet.

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And, you know, we wanted to provide nice ceilings like height for the units themselves. And that was the rationale behind it. But if the board feels so inclined to drop the height, the Planning Commission does recommend the grantee of the variance in that the five units are in character to their surrounding area. Thank you.

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Mr. Noxon, because of what I'd like to do is let the board really look at this.

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look at this. So we're going to hold this for two weeks. We'll vote on it at the 2 p.m. on

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So we're going to hold this for two weeks.

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We'll vote on it.

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Wednesday. It's two weeks from now. And we'll have your vote at two o'clock. Okay.

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All right. Thank you very much. Thank you. Thank you. Number five.

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M.I. 2024-003-848-2327-83, Cotman Avenue.

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There's a letter of unanimous support from the Community on the Rise

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and a recommendation of unanimous support from Ron Hurst Civic Association.

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Alfred Fiscaldo is the attorney.

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Alfred Fiscaldo is coming back in as a

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panelist now chair

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good afternoon counsel could you state your name

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and spell for the court stenographer

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my name is Alfred Fiscaldo F as in Frank

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U S as in Sam C A L

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D as in David O Fiscaldo Law Group representing the applicant

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MHP Roosevelt Mall LLC the tenant at the property

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Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?

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I do.

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Do you stipulate to the reading of the refusal and the accuracy of the refusal?

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I do.

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Have you had all of your documents in within five days prior?

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I have.

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Please proceed, counsel, and share your screen.

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Thank you.

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Mr. Chair, can you see my screen?

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We can.

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Great.

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Thank you.

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Again, thank you for your time.

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This is an application for an AFC urgent care facility to be located at the Roosevelt Mall

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in an inline space at the mall, which is located at 2327 to 83 Cotman Avenue.

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This would be space number 60 at the mall.

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Here are a list of my exhibits, which include the notice of refusal of permit,

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the application of appeal, the project information form, pictures of the posting and of the property,

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and aerial, interior and exterior renderings and a sample floor plan, letters of non-opposition

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from the Ron Hurst Civic Association, which was unanimous, also a letter of support from

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the community on the rise, Civic Association, which was unanimous, the tax clearance certificate

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at Exhibit 8, our witness list at Exhibit 9, and redacted lease at Exhibit 10.

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With me today in the audience is Matthew Mayorino.

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He's the managing member of MHP Roosevelt Mall LLC.

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That entity is a franchisee of AFC Urgent Cares, which operates 375 facilities across 31 states in the United States.

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Here's a copy of the refusal.

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The property is located in the CA2 zoning district, which permits medical dental health practitioner group use by right.

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that's the use category into which an urgent care falls. However, because it is such a broad

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category in the Northeast Overlay District, which also applies to the property,

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that use category is not permitted. So we're seeking a use variance to permit

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the urgent care at this location. Here's a copy of the application.

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pictures of posting along cotman which is to the south pictures of posting along

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bustleton which is to the east pictures of posting along bligh avenue which is on north

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side of the mall and pictures of posting on roosevelt boulevard which is the east side of

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the mall. Oops. Pardon me. And here's an, here's an area of the property, which again

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shows Bly to the north, Busselton to the east, or west, I'm sorry, Cobbman to the south,

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and Roosevelt Mall to the east. My cursor, just don't worry everyone, this is the Macy's

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And here at this location, in an L-shaped building at the southwest corner of the mall is where this location would be placed.

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Here's a rendering of AFC Urgent Care inline space next to the Chipotle here at the mall.

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Here is the renderings of what the typical interior looks like.

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Plans haven't been done for this specific location, but they're all generally the same.

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very nicely fit out on the inside here's the treatment areas typical treatment areas on the

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inside of the facilities and here's a sample floor plan for the property or for the facility

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with exam rooms the top of the page waiting room to the bottom left-hand corner physician's offices

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waiting room to the bottom left-hand corner,

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physician's offices, procedure rooms,

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procedures.

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x-ray facility in the bottom right-hand corner.

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As I said, AFCs have 375 facilities across the United States.

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It's the largest urgent care health system in the United States.

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They typically, or they do provide a physician on duty

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at the facility every minute that they're open.

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They offer digital x-ray and certified x-ray technicians

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at every facility, every minute that they're open.

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They treat breaks and fractures and upper respiratory ailments

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in lieu of visits to the ER.

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They treat lacerations, skin infections.

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They welcome patients six months and older,

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and their hours are typically Monday through Friday, 8 a.m. to 8 p.m.,

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