Conservancy gets zoning variance

The Brandywine Conservancy and Museum of Art received zoning approval to build an overhang enclosure on the back end of the building to help with flood mitigation. That approval came from the Chadds Ford Township Zoning Hearing Board during an hour-long hearing on Tuesday, Jan. 27.
While the building at 1 Hoffmans Mill Road is in the HARB District, HARB approval wasn’t needed because the area of the enclosure is not visible from neighboring properties that include an abandoned railway and PECO property.

The specific location for the desired enclosure is below the museum’s café. According to hearing documents, the enclosure will create an “unoccupied space that will comply with all applicable floodplain ordinance requirements. A portion of the enclosure will be within 50 feet of the top of the bank of the Brandywine Creek, necessitating the requested variance…Enclosure of this area is essential to achieving comprehensive floodproofing of the structure.”
Hurricane Ida of 2021 destroyed 10 of the conservancy’s buildings and caused severe damage to the lower level of the museum.
“Protecting the museum building is critical to preserving the operational continuity and ensuring the safety and long-term protection of the artwork housed within,” the hearing document continued.
The conservancy’s Director of Facilities, Wade Abnett, and engineer Marc Henderson of Meliora Design, confirmed the statements in the documents during their testimony. Their direct examination was conducted by Ryan Jennings, who was representing the conservancy.
Jennings preceded his questioning, saying there is no expansion or enlargement planned, just the enclosure beneath the café.
“We’re undergoing a flood mitigation project,” Abnett testified. “We’re working to mitigate future floods…to keep water out of the building.”
He added that the proposal comes at the direction of both Chadds Ford Township and the Commonwealth of Pennsylvania and said that the plan follows the township’s flood plain ordinance.
“Whenever your building is substantially damaged, you have to go with whatever code requirements are required for certified occupancy,” Abnett said.
Under questioning, he said the conservancy is operating under a temporary certificate of occupancy. With approval of the variance and compliance with. state and federal regulations, the conservancy can get a regular certificate of occupancy.
Henderson later testified that the only things in the area of the future enclosure are HVAC, plumbing, and ductwork for the café.
He added that there will be no new walls built in the flood plain, and that even with the approval of the variance, the conservancy must still get approval from the state Department of Environmental Protection, which will be administering FEMA requirements.
Other business
During a brief reorganization session, ZHB members Paul Koch, Bill Mock, and Larry Smith reelected Bob Reardon in absentia to resume his position as chairman and Koch as vice-chairman.
Additionally, Don Petrosa was reappointed as ZHB solicitor with Adam Matlowski named as conflict solicitor.
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