there's quite a bit of a but it's you know we that's more than enough for us shortly and the
that's more than enough for us shortly. And the photos that I have up on the screen here,
The photos that I have.
this shows the interior of that first floor space, correct? Correct. Now, what about the
second floor that I'll bring up on the screen? How do you intend to use that? It's an office
space. It shows itself. It's an office space. And that's going to be your office space, right?
That is correct. That is correct. And now what about this rear building here that I have up
on the screen. What will you use this for? As I mentioned, this is strictly, you know,
frozen food, mainly frozen food. So we need a storage space and that storage space has to
keep the food cold and frozen. So we intend to have a, you know, in-building cold storage.
Okay. Now, how often do you expect to receive deliveries and how are those deliveries received?
So delivery is probably, I would say, once or twice a week.
That should be more than enough because we don't need frequent deliveries because we don't intend to sell anything fresh.
It's frozen.
So having said that, that's between nine and five business hours during the week.
And those deliveries would be made via a van or a small straight truck?
Yeah, that's more than enough for us because it's a gourmet food.
We don't do like volume sale.
What we have is actually gourmet food.
So either it's a sprinter van or a box truck.
You know, that's it.
So no tractor trailers?
There's no need.
No, no.
What are your intended hours of operation?
Regular business hours, like between 9 and 5.
the 9 to 6 I would say 9 to 6 actually 6 would be a great time and what about Saturday and Sunday
um half day on Saturday and uh if you know if it needs to be and uh off until Monday
so those hours that you described they're really more akin to a an office type of hour
versus a traditional retail space that might be open say to nine or ten o'clock at night
well that is true that's for that's true for the traditional grocer it's not Asta
we're boutique sellers so now how many employees do you expect to have I mean this is uh I mean I
this is a family-owned business is going to be so it is and uh so I tend to have
three to four max i mean there is no need because we don't have we don't we cannot have like a
volume sale so that's i would say three to four and given the nature of the business do you expect
a high volume of traffic coming in and out of the property um the people who knows the type of the
business uh i don't know if anyone have an idea um you know having a specialty um kosher and halal
frozen uh food not only that there's a bunch of might be out there but it's a gourmet food
so this type of food that you'll eat in um you know three four if not not a five star three four
star like restaurants so no we we don't expect to have a crowd like in a traditional grocery store
it's not it's not built for that this this business is not for that. Now and the community's
letter referenced their concern over traffic volume due to users such as DoorDash and Uber Eats
but your business is not the type of business that would be serviced by these types of companies
correct that is correct because you know again i'm going back to the same thing uh you know
respectfully for everyone i you know the ones that knows knows uh you know halal and kosher
food they cannot be stored in the same location with the unblessed food so we cannot we one we
do not have the need for it and second it cannot be even stored in its area without groceries and
food? So no, the answer is no. Thank you, Mike. That's all I have for you right now. Sure. So as
we hope the board has seen through the testimony presented, this property suffers a unique and
unnecessary hardship stemming from the split zoning. As the history shows, this property has
only ever accommodated a commercial and light industrial use. The history dating back to the
1900s shows that this property has had to seek repeated variances over the years because of this
split zoning. This property has always been a part of the dense commercial uses along Busselton Abbey.
This property has always been a part of the dense commercial uses along Busselton Avenue and is a part of the Busselton Avenue commercial corridor.
Because of the split zoning, the only way for the property owner to comply with the code would be to demolish the building and erect a single family home on this property.
As you can see at Exhibit 9, there are only four total permitted uses in the RSD3 district.
Single-family homes, passive recreation, a family daycare in someone's home, and a community garden.
him. Accordingly, depriving this owner of a variance would effectively deprive him of all
use of this half of the property without having to make significant investment to erect a single
family home. Furthermore, as you can see from the aerials, erecting a single family home in this
location would be quite undesirable given the proximity to the dense commercial uses.
We also do submit that this particular use is the least minimum variance.
When you consider the uses that are allowed on the other half of the property that is zoned CA1, this proposed use is extremely minimal in both size and anticipated impact.
CA-1 allows uses such as a large daycare center, large retail uses, animal-related businesses,
restaurants, and even gas stations by special exception.
By comparison, testimony given to the board today establishes that this niche use will
generate considerably less traffic than the uses I listed and accordingly represents the
least minimum variance that balances the true hardship facing this property with the community's
concern for area traffic volume. The use is considerably less impactful than the former
Marvick supply company that operated out of both buildings for decades. If the property were not
split zoned, this variance would not be necessary. We also submit the proposal will not increase
congestion in public streets or endanger the public. As you can see, this property is extremely
large and has ample space for parking. Given the nature of this business, you heard testimony that
the operator expects limited traffic coming and going from the property, which will predominantly
occur off-peak hours and will not be servicing food delivery companies. The user will generate
considerably less traffic than many of the by-right uses that could exist within the CA1 zoning.
We submit the proposal as consistent with the comprehensive plan, which did highlight this
property in the 2016 Northeast District Plan as an industrially used property. The plan also
encourages strengthening commercial uses along and around Busselton Avenue and encourages healthy
food options near residential neighborhoods. This proposal complies with all of those goals.
The proposal will not impair light and air and or negatively impact surrounding properties.
It will not place an undue burden on public facilities or utilities, nor will it cause
any environmental damage, pollution, or erosion. We submit the variance complies in full with the
provisions of section 1430380 of the code, as is further detailed in my memo of law submitted at
tab 13. Now, finally, to conclude, I have a few notes regarding the community's position.
Somerton Civic does not hold virtual meetings on Zoom to allow for a live Q&A. Their meeting
format is 100% electronic and done through a question and answer format transmitted through
email. We do believe the meeting format Somerton is currently using did limit the community's grasp
of this particular business and the uniqueness of it. As I referenced, the primary concern we
heard from the community, which the owner and tenant wholeheartedly respect, is related to
traffic. However, their concern focuses on the Busselton and Byberry intersection, which has
been one of the busiest intersections in the city for the last 50 years, notwithstanding the actual
minimal proposal before this board. They also reference expected traffic generated from DoorDash
and Uber Eats, which you heard is not something that would be servicing this business for a
multitude of reasons. Furthermore, the community requested that the owner restrict left-hand turns
out of the property. We did inform them that we would need to engage the streets department on a
decision like that. We did speak with the streets department and they unsurprisingly noted that a
that a proposal of this extremely limited magnitude would not rise to the level of
proposal of this extremely limited magnitude would not rise to the
warranting their involvement. This is especially true given the history of this property that had
a large industrial user that operated without restriction. Furthermore, these traffic concerns
are purely anecdotal, and if given significant weight by this board, would have a considerably
detrimental impact on this property. We also did follow up with the community organizers after the
vote was taken, and as I referenced, you can see in Exhibit 18 that Somerton confirmed that no one
who lives within 250 feet of this property voted. Somerton Civic's boundaries spanned from Red Line
Road almost two and a half miles to County Line Road, and from the boulevard to over two miles
north to Philmont. Overall, Somerton's area covers about five square miles, or roughly 3,500 acres,
so it's reasonable to surmise that those votes could have come from considerable distances away
from this property. The burden facing this property is such that any use of this building from now
until forever, theoretically, any use of this building is going to trigger a variance unless
and until the property is rezoned to reflect its long-standing use. That is a considerable
hardship. Accordingly, we are respectfully asking this board to recognize the severe hardship
facing this property and grant the requested variances for this wonderful community-oriented
niche retail market. Anthony and Mike, I'm going to have both of you adopt my testimony. So Anthony
first. Anthony, have you heard all of the testimony given before the board today? Yes. And do you agree
that testimony is true and accurate and would you adopt it if it were your own yes mike have you
heard all of the testimony given before the board today yes do you agree that testimony is true and
accurate and would you adopt it as if it were your own yes absolutely thank you we'd be happy
to answer any questions questions from the board no mr chairman chairman no mr chairman no mr
Chair. Questions or comments from the virtual audience?
I see no hands at this time, Chair.
Okay. Planning Commission. Good afternoon, Chair. Members of the Board, Ian Litwin, Planning Commission staff.
I am so, so sorry, Chair. We did have a late hand up as Councilman O'Neill. Would you allow him to speak before the Planning Commission?
Absolutely.
Thank you, kindly Chair.
Please unmute Mr. O'Neill.
Thank you.
Mr. O'Neill, could you state your name and spell for the court reporter, please?
Councilman Brian O'Neill, representing the 10th District, which includes this site.
Could you spell your last name for the court reporter?
Capital O apostrophe, capital N-E-I-L-L.
Right.
Do you swear or affirm to tell the truth, the whole truth, and nothing but the truth?
Proceed, sir.
Good afternoon, Mr. Chairman and members of the board.
I'm here to support the opposition of the RCO, and in a very vigorous way.
I'm very opposed to this.
Here we have what someone could easily say is a hardship.
This is not an unsophisticated purchaser. The owner of this property owns the shopping strip right next to it that you see on the map that has several stores, and it is on the southeast corner of Busselton and Bybury.
On the northeast corner of Busselton and Bybury is a very sizable shopping center owned by the same entity.
So this is not only someone who is a sophisticated buyer, but is a neighbor and knows this area very well.
purchased this, as we were told in 2017, not with a contingency for use of the property,
but as a very knowledgeable landowner right in the immediate area. So any hardship
was accepted at that time. Nothing has changed since that time about the zoning or anything else.
And this is not anecdotal traffic congestion.
This is unbelievable, serious traffic congestion.
This is unbelievable.
And of all those movements going through on four sides of this intersection, the one that is most critically congested is right at the point where the driveway for this particular applicant's property is.
a two-way a two-way street bybury road one in each direction all of a sudden just uh where this
property is is all of a sudden becomes four lanes just on that one area and one lane is coming east
and then the westbound lane takes us to three lanes, one to turn right, one to turn left,
and one to go straight. It backs up all day. This is a business that will thrive in this area.
As the Planning Commission has stated, my district has the highest population of immigrants
in the city. That immigrant population where my district starts at the southern end of
Busselton Avenue at Cotman and goes all the way up to the county line, that is the immigrant
corridor. This business will be very successful. This isn't being put here to be modestly successful
or to have very light traffic. You cannot get out of this property and go left. You cannot do it.
It's not anecdotal. Anybody that travels it at any time during the day knows that.
All right. As you get retail customers, not like the family business that is in the other two
buildings. This is serious congestion. It's dangerous. The number of homeowners,
members of the RCO that live close is not important as it usually is. This is a Somerton
issue for anybody that lives in Somerton, cares about Somerton, and wants Somerton to be as safe
as possible. So, uh, I would ask you to support the, um, as I do the, uh, the opposition of the
RCO and, um, we will work, uh, with the owner to get a business or somehow come up with a solution
that will, um, not endanger this community to the extent that this property and this use will
endanger it uh and it's um uh a good business there's plenty of retail sites in this area
and um uh but it can't be at this time in these conditions uh uh anything but a negative
for the community of somerton and i i thank you and i i register my um strong opposition
thank you may i respond oh go ahead thank you so just on the issue of of of who the purchaser
of the property was i'd like to remind the board that a variance and a hardship is unique to a
property and by no means was our argument that you know this purchaser you know didn't know it
was zoned this way and therefore the board should grant the variance by no means is that the
argument we're intending to make here. It was simply given as a point of background. Hardship
is unique to a property, and this property, whether it's this owner or any other owner,
is burdened with this unique circumstance that will always burden this property until it is
rezoned to have one zoning classification. The issue related to traffic, as we acknowledged,
Busselton and Byberry, by all means, is one of the busiest trafficked areas in the entire city.
But as you heard testimony from Mike, the intended operator of this business, this business is not
what the community is thinking it will be. This is not the type of grocer that you go in to get
your everyday, you know, ethnic foods. This is a very specialty type of store that is only open
limited hours during the day, mostly off peak hours, nine to six. That's typically after rush
hour and before rush hour would start up again. And realistically,
would start up again. And realistically, Mike expressed the fact that they intend to make
some deliveries to their consumers, which will also further limit the number of consumers that
actually have to visit this site. It's 1,000 square feet. This is not a large grocer that's
going to have little packaged goods for people to just stop in and grab on their way home. That's
not what this business is intended to be. The final point is that we certainly respect the
councilman's offer to work with the property owner to try and find a business to occupy this
building. But again, this property has a very unique hardship and any business, any use of
this property is going to generate a variance. And we wholeheartedly submit that we have established
that we've established the hardship and that we've established that this is the least minimum
variance for this particular building. Thank you. Is there anyone else in the virtual audience has
comment? I see no hands at the time, Chair. Planning Commission?
Good afternoon, Chairman, members of the Board. Ian Litwin, Planning Commission staff.
the comprehensive plan recommends this property be zoned for commercial mixed use the proposed
food beverages and groceries would not be would be by right in this category therefore the planning