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Hearing video

ZBA Hearing - October 29, 2025

Philadelphia Zoning Board of Adjustment (ZBA)Oct 29, 20255h 57m

No, there is no park area is called out for this phase of Fair Hill.

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but we do have a park area which is a block away from it which is heart ramp community center

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which is also also is a master plan of the a part of the master plan for fair health yeah

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i do want to lean in on that a little bit one kaboom defined this area as a playground desert

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i know because my organization has done lots of work up in that area and specifically the city

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just did a lot of work to redo Faderall Square and specifically did not put a new playground

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into that space and left in ball fields because this playground existed. So I do just want to

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state for the record that I think the removal of the playground without relocating it in an area

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that has a lot of youth and children is a big deal. I think also there's a lot of historic artwork

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that was done by long-term residents in the community that is existing on this site. Most

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of the originals that are still intact are actually left on this site. Some were already

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demolished by the land bank, and I'm assuming by parts of people getting ready

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to prep the land for this site. This is also the only

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site that I can tell from our notes that had any

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opposition. So I think if you all could share a little bit of

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what brought up the opposition to this site at the community meeting.

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This is the only non-unanimous

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vote from the community.

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Yeah, they're all nine and two, every one.

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We were asked to.

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I saw a unanimous for all of the other ones, I thought.

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Well, nine and two.

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Okay.

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Well, that comes as a surprise to us.

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We were asked to leave the room when they voted,

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and during the meeting there was no opposition brought up.

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So if there's something.

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All of them are nine and two.

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Okay.

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Yeah.

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Okay.

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But, like, just when you were in the room,

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was there any indication from the residents that were in opposition?

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Why?

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Not at all.

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Not at all.

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The meeting was, like I said, it was very well attended. It was in person. We talked through mostly concerning management and how PHA goes about its property management, you know, obviously specific to these sites. There was nothing that I recall. Brandon, do you recall anything specific to this site?

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no the regarding one other site and it was not this one um someone had a concern with parking

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that was the only specific issue i remember whatsoever okay what's your also um i guess

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with regards to the park and those structures in the park just one block away on 10th on 11th

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11th and York and 11th and Cumberland area from 11th to 12th where the scepter

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where the scepter track goes actually overhead that is parked with similar uh almost two city blocks

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track goes actually overhead there is park with similar

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so maybe that was the reason that urban farm yeah maybe that was the reason that uh consideration

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was not given to relocate you know these uh parcels which has some park-like structure

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because one is available only a block away actually and then on the other side on the east side

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there's a heartland community center where there is playground and there is actually we put a new

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brand new taught lot as part of the revitalization of the heartland community center itself i will

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say that other park is not a public park it's private land it's uh actually the life to grow

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farm and i would suggest that pha reach out to the farm and see if they want to relocate those

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structures before they demolish them okay we'll we'll keep that in consideration definitely what's

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next thank you uh next is going to be 2332 north 10th street that's mi2025 004529 yes that's the

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whole block 16. yes this is the community center right uh that is correct yes it is

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Mr. Chairman, members of the board, this site, as you can see up on the zoning map at Exhibit 6, shows the site at 2332-48th North 10th Street.

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This occupies, again, the entire block from West Arizona to West York Street, and it is just the next block from the proposal that you just heard previously and is also zoned CMX 2.

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again as you can see on the aerials this is also an entirely vacant block with no existing

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improvements and the photographs at exhibit 11 again show the existing conditions of this

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particular block with just some existing fencing and this is right across the street from

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one of the earlier phases that you heard brandon present

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on the zoning map at exhibit eight you can see here that the proposal is for six single family

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homes which front on north 10th street one duplex dwelling fronting on west arizona street the

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community center which is proposed to be right at the corner and this site also has 11 accessory

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parking spaces which is more than would be required for the density of this just this lot

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As with the other phases, each home has a storage shed and significant open space, as only 52% of this lot is proposed to be occupied by structure.

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The 11 parking spaces here will be accessed from a 20-foot curb cut from West York Street.

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And as you'll see in the next couple of presentations that include parking, the parking access is very consistent across all of the sites for access from West York Street.

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you can see the composite elevation here up on the screen at exhibit nine and again this one has

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several different building types to match the different types of uses on this particular site

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and you can see the relation of the community center which is going to be right at the corner

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and then again here from west arizona street

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we have included a variety of floor plans at exhibit 10 and like the last presentation

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the single family homes here are the two or the three and four bedroom types the a2 and the a3

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for the duplex the b2 building design the first floor here is a fully accessible unit

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that is also designed for somebody with a hearing or visual impairment.

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Both of the units have a two-bedroom, one-bathroom.

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And then we've also provided a floor plan of the community center,

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which again is also ADA accessible,

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and has all of the amenities that I described to the board in the introduction.

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So you can see here the computer lab, office spaces, PHA,

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maintenance and management, and then kitchenette and some open community spaces.

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This application received probably the most number of refusals of all of the sites.

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The refusal is two pages here, so I'll walk you through them just very briefly. First,

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a refusal was issued here for failure to provide the ground floor commercial space.

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And again, all of the arguments that we have offered in front of the board and in the commercial

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space you don't have to go over that excellent um i will add on this one that the community

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I will add on this one that the community center does technically meet the requirements of the commercial space, except for the fact that it does not occupy the entire ground floor frontage along North 10th Street.

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center does technically meet the requirements of the commercial

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Refusals here were also issued for the parking because it is accessed from a non-rear street, shared alley, or shared driveway, and is also technically considered to be located within the rear yard area.

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So you can see how L&I interprets that on this plan here.

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The application similarly drew a refusal for insufficient rear yard.

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Just to summarize, although there is significant open area in the rear of all these homes, the rear yard for a three-sided property is measured from the, in this case, from the side of Building 39, which is the one with the B2 label here, which of course is right at that property line.

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There would be no other possible access point for this parking without without eliminating it entirely, which would draw another refusal as the board has now seen the access from this side street does meet the intent of the code and is designed in a way to minimize impacts to the surrounding neighborhood.

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Finally, a refusal was issued for insufficient street trees on 10th Street and York Street.

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But as you can see here clearly labeled on the plans, there are no proposed trees on York Street due to an existing 12-inch water main in the sidewalk.

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And similarly, there are no street trees proposed on North 10th Street due to an existing 6-inch gas main in the sidewalk.

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Unfortunately, the zoning code does not have a mechanism to exempt or waive this requirement in the case of utility conflicts, but it would obviously be quite a hardship to put the street trees in these locations.

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They are, however, proposed on West Arizona, and as you've seen so far, they are proposed around the entire development in any possible location that does not interfere with the utility conflicts.

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this concludes our presentation on 2332 north 10th unless you have additional questions on this

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one any questions yeah i have a few questions uh one for the ada accessible parking space at the

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rear what is the distance to the nearest entrance uh to the community center and is there a need

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for a ramp at that side because the site plan doesn't show one and appears to show it's either

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step or overhang. I can't tell at this scale. Board member at this time, if you wouldn't mind,

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I'd like to bring on our architect to answer that question. If the administrator could look for

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Jose Hernandez, I believe is here for us today.

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And then just to confirm, B2 is a vision impaired and hearing impaired unit, not an ADA

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accessible unit?

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For this property,

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it is both ADA accessible

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and VHI.

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There are other

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duplexes, such as the one I presented

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on Arizona Street,

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which are not presently planned to be

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VHI.

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Downstairs, too. It's an ADA

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unit downstairs, but it's not set up

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for VHI. You see the architect?

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Yes, I see him on here.

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What's his name?

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Jose. Jose? I'm here.

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hi jose could you state your name and spell for the stenographer jose hernandez j-o-s-e-h-e-r-n-e-n

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you're going to have to get closer to your microphone sir

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page proceeded

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jose we can't hear you sir could you please repeat the question i'm sorry i was listening

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to you could you state your name and spell for the stenographer can you hear me i do now okay

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jose hernandez j-o-s-e h-e-r-n-a-n-d-e-z do you swear we're referring to tell the truth

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the whole truth nothing but the truth i do counsel uh thank you jose did you hear board member win's

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question in regards to the ada space in relation to the community center could you please repeat

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it one more time yes i was asking about the distance between the ada parking space and an

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entrance into the uh community center at the rear and confirming that there was no need for a ramp

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that that's a zero no the only the only ramp that's required i mean you have the eight foot

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striped zone from the from the space and then it's just a a handicap sort of curb that gets you

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you know the six inches of the curb itself and then the distance from that curb i believe it's

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about 10 feet to the rear entrance of the community center i see the no step now that

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we're more zoomed in and then my second question is for the six single family homes

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one there's a lot of traffic oftentimes with community centers there's also

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One, there's a lot of traffic oftentimes with community centers. There's also a parking lot at the rear. Is there any type of barrier that's going to be put in place around those concrete pads at the rear that are kind of serving as the rear yard for those units as a security purpose?

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services at this point there's no I don't do not believe there's any fencing to isolate similar to

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the other properties the rear of the properties are open there is there is lighting at the rear

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of the property that's photometric so at nighttime if there's any use of that that there's consistent

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lighting along the rear of all the homes so there is no real issue of any sort of areas that someone

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can go into that would be you know dimly lit or anything like that I was less worried about the

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lighting um because i am familiar with how pha lights parking lots but i was more concerned about

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youth like if a child is playing outside adjacent to a driveway um not having a barrier a fence that

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would allow them to be enclosed in the space all of the other backyards allow that in this

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that we've seen so far so this is the only space where you have single family homes

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and with the number of bedrooms we're going to assume families are going to live here just

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because of how they're going to get assigned per light tech rules so we have to assume that they're

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likely to be children living in at least one of these six without a lot of barrier to protect

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them from the driveway or from people that are coming in and out of the community center

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just something to think about understood i mean pha would have to take that into consideration

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further yeah so a board member is suggesting that there be fencing or some some kind of barrier to

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block the rear we actually have a similar uh situation over at the north space three which

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is situated at the corner of uh 11th and diamond where at the corner is the community center and

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then along 11th street is at the single family homes and the parking lot is behind the the units

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It's kind of very similar to this situation, and we do not have any fence to kind of separate

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the parking area from the houses in the back.

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And I'm not aware of any incident.

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I know incident meaning you don't want it to happen, but even if we put fence, I'm not

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sure how people will access or come into the houses from the parking area it will act as a barrier

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and but we'll take it that into consideration and to see if the architects can present a viable

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option which we'll be able to implement uh to kind of get both in place but other than that

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um right now there is no plan for it

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what's next uh next is 2341 north 10th street

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only a couple more

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this is mi 2025 004545

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the zoning map that i have up on the screen at exhibit six

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shows that this site at 2341 North 10th Street is directly across the street from the development

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site that was just presented and sits at the corner of North 10th Street and West York Street.

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This property, as you can see, is split zone, CMX 2 and RM 1. And as the aerials show here,

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this is at the other end of the block from one of the development sites that Brandon presented

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earlier. And you can see that this has had one example of new development up towards West Arizona

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Street, but is otherwise largely vacant with a few structures that will be removed as a part of this

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development. And again, as you can see here, this site has largely been used by, you know, parking,

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not authorized parking, but is largely just vegetation at this point, and these structures

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will be removed as you can see here on the zoning plan uh just to note that there is

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there is one lot that is in the middle of this on north 10 street that is not included in this

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development and you can see how the development really jogs around that that existing lot

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so this proposal is for seven single-family homes two duplex dwellings and five accessory

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parking spaces each home has a storage shed in the rear and and significant open space as only

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45 of the lot is proposed to be occupied by structure in this case the five parking spaces

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The five parking spaces provided here will be accessed from a 12-foot-wide curb cut, also on West York Street.

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provided here will be accessed from a 12 foot wide curb.

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The composite elevations are shown at Exhibit 9, and show the perspectives of this particular site from each of the frontages as well.

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Floor plans for each of these varied unit types are also included and include both the three- and four-bedroom single-family home types.

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And then in terms of the duplex dwellings, we have B1, which are two-bedroom, which, I'm sorry, are one-bedroom, one-bath units.

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And these, as similar to the prior phases, are also fully accessible on the first floor.

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And then B4 units are large four-bedroom, two-bathroom units.

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And again, that first floor is fully accessible.

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This application received several refusals, many of which we have already addressed.

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One refusal was issued for a failure to provide a ground floor commercial space.

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And again, all the arguments we presented previously would apply equally here.

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But I will add on this case that the newer structure that you could probably see here in the aerials was actually recently granted a variance for insufficient commercial space as well.

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So there is precedent for this on this particular block.

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And then a refusal similar to the last property that you saw here, a refusal was issued for the parking being accessed from a primary frontage and not from a shared driveway, alley, or rear street.

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And again, as the board has seen, there would be no other possible access point for this parking without eliminating it entirely from the development.

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the access from the side here does satisfy the intent of the code and this would conclude our

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presentation on 2341 north 10th unless the board has questions questions i have one question what's

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the width of the walkway between the rear fence or the rear property line for that one private

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property and uh parking lot are you talking about the basically right in this area here

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