78 years ago when the other, you know, property was occupied by Premier Millwork. This is certainly
not created by the applicant. And at minimum, we would accept a three-year minimum, I mean,
a three-year attempt at minimum. But basically in their letter, which has been provided to
actually sean if you could do you have a copy of that yeah
can you say it now yes we can and uh i believe i'm it's my duty to read that into the record i
believe so if you can help me out get me up to the beginning the first paragraph
do you want to take it from the top there you go take it from the top yeah all right
so uh meeting attendees expressed concern about the appearance from by hold on wait a minute
now the top of the letter or or you want the final position the final this is this the final
position yeah i'll be right here all right let me read it from there a public community meeting
was held on september 22 i i know it's not your fault but you're jumping i i want to start at
the beginning of this letter sorry mr chair and i apologize i don't have it in front of me well it's
it's uh uh so mr warwick the delay in technical uh just move the letter up to the beginning
because our requirement is to read the letter in its entirety
okay how's that tanya all right stay right there stay right there don't move a community
public community meeting was held on September 22nd, 2021 by the Somerton Civic Association,
the coordinating registered community organization regarding the above reference zoning appeal.
The ZBA hearing is scheduled for today, September 29th, 2021 at 3.30 p.m. The meeting was held
outdoors under a tent at the Philadelphia Quartet Club located at 1290 Southampton Road
in Somerton. Social distancing protocols were followed at the meeting, which was the
Somerton Civic Association's third in-person meeting since March 2020 and the onset of the
coronavirus pandemic. Around 50 Somerton Civic Association members and others attended the
meeting where the proposal was discussed. No other RCO has geographical boundaries that include the
250 Byberry Road property. The final petition, excuse me, the final position taken by the
Somerton Civic Association membership was one of opposition to the requested variance.
The vote was taken subject to a condition, namely that the proposed variance be temporary.
to expire after three after three years elapsed. There were seven votes in favor of a variant
subject to this condition and 18 votes against it. At the request of the applicant's attorney
Somerton Civic Association's board polled attendees who had received the mailed notice
sent to neighbors living in living close to the applicant's property. Among those living near the
property. The result was zero votes in favor of a variance and one opposed.
Scroll up a little bit please. The property is situated below Byberry Road next to where
Byberry crosses SEPTA's West Trenton's line tracks. Adjacent properties include several
residential properties and the Forest Hills SEPTA station. Although the property has long
been zoned for a multifamily residential use for decades, it was the site of a business
that used the property pursuant to a zoning variance. That business has been closed for
a few years. The applicant's tenant, a moving company, began operations at this site some
point late last year, but the applicant did not seek a variance prior to the tenant commencing.
but the applicant did not seek a variance
prior to the tenant commencing operations.
If you can scroll down.
You got it?
Nope, not yet.
Scroll down, please, if you could.
I wonder if that's the next paragraph.
Next paragraph starts with-
Meeting attendees expressed concern about the appearance of Byberry Road of the buildings on the 250 Byberry property, the scale and timing of vehicle traffic into and out of the property and its impact on neighbors.
Code violations reportedly found that the property and the applicant's perceived failure to seek permits for this proposed use of the property before commencing such use.
the applicant's attorney and the proposed tenant characterized the amount of traffic at the site
as small and not bothersome to bothersome to neighbors noted that most of all of the code
violations had been resolved and stated that the applicant was not aware that the proposed use
required a variance the applicant's attorney referred to a separate application for a variance
at this property for a pool slash spa and sit-down restaurant use as an opportunity to make
improvements to the appearance of the property. The applicant indicated at the meeting that he
would like to commence the use of the property as a pool slash spa and sit-down restaurant pending
the grant of a separate variance, see appeal number 101049714 within three years.
Upon hearing of this timeline and observing several meeting attendees had spoken critically
of the proposed use of the property for moving and storage, the Somerton Civic Association
Board suggested that the vote on the present moving and storage variants be taken subject
to the proviso that the variants expire in three years. This would have accommodated the
applicant's proposed timeline while limiting the duration of moving and storage use.
But when a vote was taken, the majority of the Somerton Civic Associations in attendance
did not appear to accept the applicant's argument and voted against the variants,
even with these providers
scroll down a little bit please
to the paragraph that begins
no further letter
that's the last paragraph
no further letter of explanation is
attached
if you have any questions or require additional
information please contact me at the
email address below
sincerely Chris Bordelon
B-O-R-D-E-L-O-N
all right
So I've read the letter into the record. Mr. Ward, maybe you can clear something up before we call for a vote.
There was mention about a temporary variance. Was that, I think it was, and correct me if I'm wrong, was that a provisor that was put on the table by your client?
Yes, to the board. We have another application pending. My client proposes a day spa use at this site. Not a massage parlor use, as commonly thought of, but a recreational and health wellness center with an indoor pool.
will have massages by licensed therapists, but it'll also have a snack bar and outdoor areas
for recreational purposes, similar to a small country club type setting. That application
is pending, but because that application was taking quite some time, in addition to the COVID
shutdown. You know, for revenue purposes, he accepted a lease by this moving and storage
company to operate from the site with three trucks. They basically hold furniture in the
warehouse until such time as the, you know, the client or customer's house is ready. And then
they, you know, they deliver it in a moving truck. So we figured that three years at the most
with regard to the moving and storage would allow him ample time to get through the approval
processes, including, you know, the next application before this board and our next
meeting before Summer and Civic, and then get building permits in order to present a case
and then get building permits in order to present a case for that use.
And then the moving and storage would then cease, discontinue, or terminate.
But obviously, this is a – it was a millwork factory, warehouse, and distribution center.
It is not conducive to RM2.
It never was.
And I don't know why it's zoned that way, but it's been for multifamily use.
It's just not appropriate.
nor is it reasonable under the standards of the code,
nor the conditions for the grant of a variance.
Thank you.
MI 2020-003259, 250 by Berry Road.
My vote is yes with the proviso.
Temporary variance to expire October 1st, 2024.
4. Is that correct, Mr. Ward? I believe so, Mr. Chairman, I believe so.
Board members, Carol, you're muted. I apologize, the door was blocking. Carol Tenere,
my vote is yes with proviso. Confessor Plaza, yes with proviso.
Thomas Holloman yes with proviso
Jim you're muted
we have a majority of the votes okay we'll move on to the regular list now
chair this is Tanya Sunkit the administrator may I just put something on the record we do have
hands up for this case but just to note this was for a reading of the letter from the rco lady
no other testimony would be provided thank you chair thank you thank you all right very much
good night thank you thank you uh first a regular list mi 2021-002 433 1213-19 walnut street
Rachel Pritzker is the attorney of record. Wash West RCO sent a letter of non-opposition, as did Councilman Mark Squilla.
Ms. Pritzker, if you're there, please identify yourself. You're still under oath.
good afternoon or good evening i guess at this point yeah rachel r-a-c-h-a-e-l pritzker p-r-i-t-z-k-e-r
1635 market street suite 1600 philadelphia pa 19103 thank you miss canary has some questions for
you hi do you all do you agree to wait the reading of the refusal and stipulate to its accuracy
yes have you emailed the exhibit packet proof of ownership with proof of ownership proof of
tax compliance a copy of the refusal or referral photos under plans of the property five days in
advance of this hearing and have you met with the rco and do you have a letter yes okay great you
may proceed. Thank you. Good evening. Good evening. Okay, this is 12, 13 to 19 Walnut Street.
As you can see from the refusal, this property is on CMX5. The only refusal we have is for the
proposed boarding and other services. Essentially, what we're looking to do is occupy space 150 in
this commercial mixed-use building, and we applied for animal services, including boarding
and other services in Space 150 as part of an existing structure on the same lot as all
other previously approved uses. Animal services is permitted by right in CMX5. However, boarding
and other services, which is a pretty easily identifiable adjacent use or accessory use
for animal services is not contemplated in CMX-5. I think it's only allowed in most industrial uses.
So that's our hardship is that we're putting in an emergency vet. It's a business called Veg.
And essentially, we're just looking to be able to have boarding in the event that an animal needs
to be put into temporary boarding just while they're being treated. Veg is a very unique
business. This is going to be their first location in Philadelphia. They signed a lease
with Goldenberg Group. So I have a copy of the lease in the application. And as you can see,
it takes place in the center building, the center lot on 12th and Walnut Street.
um this is an aerial view of the building um here are the zoning posters on the property
This is an aerial view of the building. Here are the
this is where the site is going to be
and veg only handles emergency veterinary services so there's no overnight boarding it's not a place
where you take your dog to get groomed or your cat to get groomed it's simply just for emergency
veterinary care. We met with the Washington Square West Civic Association back in June,
on June 22nd, and we have a letter of non-opposition from the Washington Square West
Civic Association. This is going to be the only centrally located emergency veterinary
company in Center City, so this will be a great addition to the city. Obviously, the property
zone, CMX 5, so contemplates most commercial uses. Again, the hardship is just that essentially
just only I1 or I2 allow for the boarding and other services, and there's nothing on
our end that we did to cause that sort of oversight in the code in our summation. I
would like to have Jennifer Hanlon or our architect, Ashley, go through the floor plans.
Jennifer Hanlon is a representative from VEG, and she can certainly answer any questions related to the operation of VEG, and any other questions can be directed towards Ashley if she's on the call, just to go through the floor plans for the existing building.
Welcome Ms. Hanlon to the panelists thank you
Ms. Hanlon please spell your full name I swear you in yes hi um it's Jennifer J E N N I F E R
hamlin h-a-n-l-o-n each square or firm to tell the truth the whole truth nothing but the truth
i do thank you ms pritzker yeah um just quickly jennifer have you heard the testimony that i gave
today in front of the board yes i have you believe it to be true and accurate to the best of your
ability and you adopt it as your own yes i do feel free to um add any additional information
that you'd like and i just wanted to make sure that the architect is here to be able to go through
the floor plans yes she is um hi Ashley I'm sure you can hear me um Ashley you just have to raise
your hand and then you can join as a panelist um I'm actually going to hand it over to Ashley so
she can walk you guys through our floor plan but um we really appreciate um the board taking the
time to hear this matter and that just very excited to come to Philadelphia so I'll hand it
over to Ashley who should hopefully be joining uh Jennifer is she under your name as well
excuse me is she under your name as well no ashley um does not work for veterinary emergency group
she works for a firm called animal arts and they design all of our um hospitals across the country
but did she did you send her the login because sometimes oh yes she she had to log it under me
yeah okay so you're you're correct tanya there might be two of me yeah that's what she was asking
we can make the presentation brief uh Rachel yeah it's just the floor plan I just want to
have it on for the record understood understood uh Jennifer Hanlon no I'm sorry Ashley is that
Ashley yes yeah yes I'm here please spell your full name yep my name is Ashley Schultz spelled
a-s-h-l-e-y last name spelled s-h-o-u-l-t-s you swear a friend to tell the truth the whole
truth nothing but the truth yes i do i'm sorry chair may i interrupt one second this is tanya
miss ashley can i ask that you turn your video off because that'll help with the connectivity
thank you so much careful driving while you're speaking to us please i'm parked we're good okay
Good. Thank you. Please. I have the plans up on the screen. So if you want to just go through
them briefly for the board, I figured I would put them up so that you don't have to do it yourself.
Sure. Thank you. So like I said, my name is Ashley Schultz. I'm representing animal arts.
Heather Lewis is the architect of record in our office on this project. But I am also one of the
partners at our firm. So I work with VEG on all of their projects across the United States. And
here in this location in Philly, we have basically our typical VEG hospital starts with the front
door in through the vestibule in a reception area where the clients would be greeted. Immediately
where the clients would be greeted. Immediately upon being greeted, they would be taken back
upon being greeted
into the main treatment space. So if any of you have pets and have been to a hospital,
most of the time you don't get to actually go see the treatment space. You would go straight
into an exam room at your veterinary hospital. One unique thing that Veg does differently is
they allow their clients to stay with their pet the entire time. And so that helps a lot because
these are typically emergency situations. It's better for the pet and it's better for the pet
owner as well. So that main treatment space that you see labeled kind of in the center of the plan
has three treatment tables as well as a doctor island and animal housing. So there's cages around
the perimeter as well as a lab and pharmacy and a pack prep area which is where you would prep a
patient if they're going into the surgery room. Additionally around the perimeter of the treatment
spaces you will see exam rooms, quiet ward, an isolation space for more critically sick patient
that maybe needs to be isolated from others, and then the surgery room and the x-ray room.
Kind of some back of house spaces that you will see shown on the plan. Up for left corner we have
a restroom. There's also a back entrance slash exit into the space. We also have what we've
shown here is a family room is basically a staff break room. We call it the family room.
Laundry storage utility. There is a medical gas room where we have an oxygen generator system
for patients that need extra oxygen. And then moving down the page, we have an on-call room
that doubles as an overflow exam, and then a multi-purpose meeting room and a small meeting
room. That's kind of the gist of what we have in the space, but I'm happy to answer any questions