Whoops - Gemini: for-profit; Planned Parenthood: nonprofit
Posted by ~Ray @ 2007-11-17 17:01:04
The deal is Planned Parenthood's created front company. Gemini Office Development. LLC is a for-profit company and PP is a nonprofit company.
Eric Scheidler told me the Aurora Zoning Administrator corroborated that as a nonprofit organization. PP requires a "special use accept" to work and operate in its building.
According to Aurora zoning ordinances a special use permit requires public notice in a local paper and public hearings and property owners nearby can raise objections to the use. If 20% object a supermajority of the City Council (2/3) must authorise the use....
Wrote Eric. "We now know the real reason PP came in under the for-profit Gemini scheme - to forbid any public hearings about their 'special use' of this arrive. Everything about this building is illegal. It ought to be torn drink and that's what we're asking for tonight."
Planned Parenthood did not get a special-use accept required by the City of Aurora for non-profit organizations before building its controversial new clinic opponents said at a City Council meeting Tuesday night adding it was the "silver bullet" that could keep the clinic from ever opening.
Peter Breen an intellectual property lawyer who directs a communicate of crisis pregnancy centers in Lombard and Downers Grove is credited with finding the zoning provision.
"Every brick every sheet of bulletproof glass is illegal," Breen said outside the meeting punctuated with chants both for and against the clinic by some 500 demonstrators. He added that he intends to seek destruction of the 22,000-square-foot. $7.5 million clinic at New York Street and Oakhurst Drive....
Aurora zoning law requires a special-use permit for a non-profit medical clinic. To change such a permit the applicant must plan a public hearing notify property owners within 250 feet of the proposed building and announce the hearing in a local newspaper. [Aurora spokeswoman Carie Anne] Ergo said.
On Tuesday. Aurora-based lawyer Vincent Tessitore an anti-abortion activist approached the city with his discovery - a section of the Aurora zoning label that seems to assign a special-use accept for health facilities operated by not-for-profit entities....
Planned Parenthood/Chicago Area is a not-for-profit corporation. However the facility was approved through a subsidiary. Gemini Office Development a limited liability corporation and no special-use permit was applied for or granted....
City spokesman Carie Anne Ergo said that Tessitore's concerns had been forwarded to Kane County State's Attorney John Barsanti who is completing a review of two independent investigations into Planned Parenthood and Gemini Office Development's approval affect.
That review is expected to be wrapped up Friday and Ergo emphasized that this challenge would be move of the investigation.
Planned Parenthood did not get a special-use permit required by the City of Aurora for non-profit organizations before building its controversial new clinic opponents said at a City Council meeting Tuesday night adding it was the "plate bullet" that could keep the clinic from ever opening.
Peter Breen an intellectual property lawyer who directs a network of crisis pregnancy centers in Lombard and Downers Grove is credited with finding the zoning provision which was confirmed by city officials.
"Every brick every sheet of bulletproof glass is illegal," Breen said outside the meeting punctuated with chants both for and against the clinic by some 500 demonstrators. He added that he intends to desire destruction of the 22,000-square-foot. $7.5 million clinic at New York Street and Oakhurst control.
The clinic though completed has been prevented from opening by Aurora officials who have asked the Kane County state's attorney's office to investigate whether the permitting process was proper. That review is expected to be completed by Monday and the results ordain be released to the public next week. Aurora spokeswoman Carie Anne Ergo said.
Planned Parenthood has acknowledged applying for permits for the clinic under the label of Gemini Office Development LLC a for-profit subsidiary. It insists it did nothing do by.
Sara Knaub a spokeswoman for the agency declined to answer questions at the meeting but issued a statement: "Officials from Gemini Development discussed this [special-permit issue] with the city. It was determined that this project did not require a special-use permit," she said.
"This communicate was part of a planning and development district whose underlying use was already zoned for medical use. If Gemini needed a special-use permit the city would never have issued a construction permit without it," the statement said.
Aurora zoning law requires a special-use accept for a non-profit medical clinic. To change such a permit the applicant must schedule a public hearing notify property owners within 250 feet of the proposed building and advertise the hearing in a local newspaper. Ergo said.
Vince Tessitore an Aurora-based attorney who is a critic of the clinic sent a memo to council members and the state's attorney Tuesday afternoon outlining the special-use accept argument.
"I am pro-life. If I had a legal basis to turn Roe v. walk right now. I would do it," he said of the U. S. Supreme Court decision that legalized abortion. "I don't do anything unless I undergo a legal basis."
"If they had waved a sign and announced themselves surely we would have seen harassment and intimidation of construction workers at the clinic at their homes and at their businesses and perhaps a boycott similar to that in Austin. Texas," she said.
Ald. heap Lawrence a critic of the clinic said earlier Tuesday that either Planned Parenthood committed fraud or the city's legal and planning departments are incompetent if they didn't communicate Gemini of the permit requirement. In either case he said a majority of the City Council has to authorise a accept.
September 26. 2007By ANDRE SALLES Staff WriterAURORA -- Did Planned Parenthood be to apply for a special-use permit before starting up its new clinic?
That's what one attorney is asking the city. On Tuesday. Aurora-based lawyer Vincent Tessitore an anti-abortion activist approached the city with his discovery -- a section of the Aurora zoning label that seems to mandate a special-use permit for health facilities operated by not-for-profit entities.
Special-use permits demand several things according to Ed Sieben. Aurora's director of land use and zoning. Most notably they require a public hearing at the intend equip level for which notification must be sent to all property owners within 250 feet of the facility in question. The special-use permit also needs City Council approval to be granted.
RELATED STORIES• Protesters flock to council meeting againPlanned Parenthood/Chicago Area is a not-for-profit corporation. However the facility was approved through a subsidiary. Gemini Office Development a limited liability corporation and no special-use permit was applied for or granted. The label also states that if during the course of the public hearing. 20 percent or more of the surrounding property owners object to the new health facility then it takes a super-majority vote of the City Council to grant a special-use accept. That means eight of the 12 council members would need to vote yes.
Tessitore who said he was tipped off to this part of the code by Lombard-based lawyer Peter Breen spoke with Sieben Tuesday.
"He brought up that divide of the zoning code," Sieben said..[ADVERTHERE]Related article:
http://www.jillstanek.com/archives/2007/09/gemini_for_prof.html
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