0:00Meeting of the zoning hearing board for February 16th, 2026.
0:05The board this evening consists of Samantha McLean to my right, Scott Unger to my left.
0:10My name is Robert Canauer.
0:11We have four matters on our list this evening.
0:14And in a moment, our secretary is going to call that list.
0:18She'll ask if the appellant or applicant is present and whether represented by counsel.
0:23Uh she'll ask if there are objectors.
0:25We ask that they raise their hands so we can get a count.
0:27She'll ask if there are interested persons not necessarily objectors, and we ask that they also raise their hands so we can get a count.
0:37Case number one, appeal of Zaheed Mohammed at 640 North Second Street.
0:42Is the appellant present?
0:44I am the appealant's uh nephew.
0:46I'm representing him.
0:48Um here can leave the country due to the family emergency last minute.
0:52So I do have permission to be here from the okay.
0:56We'll get back to you.
0:58Okay, the appellant is present.
1:00Are there any objectors to case number one?
1:05Are there any interested parties not necessarily objectors to case number one?
1:12Case number two, special use application and appeal of ECB property holdings LLC at 214 North Ave Street.
1:20Is the appellant present?
1:21Yes, I have Matthew Dechler for the applicant or appellant.
1:25The appellant is present.
1:26Are there any objectors to case number two?
1:31Are there any interested parties not necessarily objectors to case number two?
1:38Case number three, appeal of Axel Coss at 213 East Tyoga Street.
1:43Is the appellant present?
1:44No, but the appellant is present.
1:48Are there any objectors to case number three?
1:52Are there any interested parties not necessarily objectors to case number three?
1:59Case number four, special use application and appeal of Jinmi Jin Mai Tavarez at 807 North La Cross Street.
2:07Is the appellant present?
2:09The appellant is present.
2:10Are there any objectors to case number four?
2:15Are there any interested parties not necessarily objectors to case number four?
2:26Uh this might actually be very quick or will be very quick.
2:29Um I have uh a 60-day waiver that I provided or filled out and um signed and will provide to the board.
2:37Uh my client is actually looking to continue this matter for 60 days.
2:41Um we're uh in discussions with uh the the city regarding uh potential alternative uh determinations in this matter given given the application of the new zoning ordinance.
2:54So you're requesting a continuance.
2:58Um objections, ladies and gentlemen.
3:01All right, do I have a motion to approve?
3:04I'll make a motion to uh continue the uh case at the applicant's request.
3:13I'll provide the waiver to Mr.
3:26Yes, and just for the sake of the clerical record, this is dated 216, 2016 with with 60 days, so that would provide uh provide an extension through April 16th of 2026.
3:41Hopefully, I dated it 216, 2026.
3:48So you're asking for a 60-day extension, not just a waiver of the 60-day requirement for us to make a decision.
3:54Well, it would be a 60-day extension from uh concerning the MPC's requirement to begin the hearing.
4:00From the time of the hearing, right?
4:02So it doesn't have to be then it can be some other time.
4:05Could before it could be after.
4:30Um this is uh the second street matter at case.
4:34This is Zaid Mohammed for Antonio Silva.
4:40Um I'm the one who's representing Ms.
4:44Yours nephew, all right.
4:46Uh and um Antonio Silva is here.
4:52Uh would you come forward?
4:54Both of us are just M3.
5:13Oh, somebody to translate.
5:15Uh she's coming with him.
5:25Her sister, Arta Gracia Garcia.
5:29Can you tell me your name again?
5:30Her sister, Arta Gracia Garcia.
5:33But my English is not a lot.
5:35My daughter coming in the way.
5:39Can you please uh for 10 minutes?
5:43T SP because she's born here.
5:46Uh I gather you're waiting for somebody.
5:48Yeah, she's yeah, she coming in ten minutes.
5:52Because my my grandma is she just wants to wait for her daughter to come, so she could have better translator time.
6:02Well, I'm not sure we need to.
6:04The the we'll see if we need it when we get to him, since the tenant is here.
6:11Uh yeah, we may not need him.
6:16Okay, you'll sign instead of the tenant.
6:21So you can go ahead and sit down and um then thank you very much.
6:28Next case would be the Taioga Street property.
6:33And this is the appeal of actual cost, and he indicated that he was present.
6:41Rosenthal, you were interested in this case.
6:45I was here to assist with Mr.
6:47Dezler's case we had discussed beforehand.
6:51Do you still need me to stick around for anything?
6:54No, we no, there are other cases shouldn't raise any any significant legal matters for the city.
6:59I did I did the work before the meeting.
7:02I did I did the work before the meeting.
7:04Sounds like you're not I'm not needed.
7:06It's nice to see you guys.
7:15Hi, my name is Axel Koss.
7:17Uh please raise your right hand.
7:19Yep, raise your right hand, please.
7:26Um that's okay there.
7:28Pick that microphone up a little bit so it's closer.
7:34Okay, now you have applied for a variance to maintain the parking of tractor trailer trucks and tractor uh cabs, I guess.
7:45Yeah, I'll leave the cab.
7:46On a residential property.
7:48Um that use do you know is not a permitted use in the residential area?
7:54Yeah, uh about 10 years, yes.
7:59Yeah, I live there about 10 years.
8:02And so you've been parking a tractor trailer cab there for that long?
8:10Well, it's come to the zoning board's attention that that is in violation of the zoning ordinance, and so you have applied asking for an appeal of that, uh taking an appeal of that decision and asking for a variance to continue to use it, correct?
8:32This is why I got the copy to show you the copy like uh to show the the SAB.
8:37I think we've seen it, but go ahead, bring it up to us.
8:42Is this what you submitted to the office?
8:44Yes, to the zoning office.
8:51Okay, let me explain uh my next call every name, my name is Athel Kos.
8:55I leave it to one three East Tayoga Street.
8:59I requested for a brightness park, my trop cop resident property.
9:14Uh but you look uh S B G and A.
9:24Uh these exhibits you're talking about.
9:29Yeah, S C B A G and G.
9:41You see it like that.
9:44You'll see this satellite.
9:45I see my my long 95 feet driveway.
9:51That's in exhibit exhibit G, I see that, yes.
9:57Leading up to your house.
10:00This I'm I'm part of my throat there.
10:01I'm not blocked any sidewalk, any street.
10:05Everything 100% inside my my probity.
10:10He's very part to only the cow.
10:12Never the trailer, never.
10:16I'm parking every day there.
10:21You see my neighbor is here and hold this might support me.
10:27I got one letter in the I, the G.
10:40The I and G letters of support.
10:42Yeah, to support me.
10:44The both side the house.
10:54Right now here never got Mr.
10:56Ricardo Lopez, the home resident that this side, that's the door.
11:02Uh yeah, very everybody happy.
11:04We might troll is there.
11:08Uh the only troll we got working every day about 121.
11:14I need my troll say my house.
11:19Yeah, I need my troll.
11:20Uh thank you for your time.
11:22You only ask me to see.
11:25Uh you can stay there.
11:27Um do you does your property have any unusual shape or any condition on the property?
11:37Well, it doesn't look like it from the exhibits.
11:40It looks like a rectangular residential lot with a house on it.
11:44Uh look at this above me.
11:47Yeah, no, he don't have none, it's just a regular house with a lot on it.
11:50He's got enough property that you know he his truck is off the road.
11:56I mean on a can I have your name?
11:58My name is Ricano Lopez.
12:02Uh I have 205 and 209.
12:05So he his truck doesn't bother me.
12:17It sounds like you're a good neighbor.
12:19Okay, I got golden there, but yeah, thank you.
12:21I got and and you have neighbors that you like and they like you.
12:26And and uh, but the thing is that the zoning ordinance, in order for us to say to you you can use the property for the requested use, you have to show us that it can't be used for something that it's zoned for.
12:47That because of some special conditions, it's impossible to use that property for a zoned purpose.
12:55Now one of the zoned purposes is a house, a residence, right?
13:00And it can be used for that, and you you in fact use it for that.
13:06So absent physical circumstances that prevent it from being used as zoned.
13:14We have no power to grant the variance.
13:21Now let me I'll ask my fellow board members if they are agreeing with me on that.
13:28Because I we don't he he just he says there's no physical circumstances that are unusual here, and you can see there aren't.
13:35It's a rectangular lot in a residential area.
13:40Yeah, like yes, if we're supposed to just be looking at the hardship of you know unique circumstances of the property, I would agree, because the hardship that is stated in uh the letter that was submitted, it's more like personal professional hardship rather than you know of the land hardship.
14:00Oh, I I would agree that um the applicant's hardship is not something unique about the property.
14:07Um we have the same issue if he owned a different property um that was residentially zoned in the city of Allentown.
14:15So there's nothing unique about this property, right?
14:17It's his intended use.
14:19Uh and while there was no notice of violation, um, the ordinance that we're working under is was established in 2010.
14:28Um so even though there was no complaint or the city didn't recognize it, it was never a lawful circumstance to there was there was never a non-conforming use that might be subject to a change.
14:41So uh I don't see that we have any authority whatsoever to grant the requested variance.
14:46I agree, and that doesn't mean that we don't we don't have compassion for your situation.
14:51We understand that it's it's it's a challenge for you, um, but we just don't have the the legal basis to to grant the relief.
15:00Um we're we're bound to to enforce the the ordin ordinance and interpret it when there's uh a legal basis for us to to make um relief, but in this case there just simply isn't.
15:10Um and if we were to do that, we'd essentially be rewriting the zoning ordinance so that every everyone in the city of Allentown could park you know heavy commercial vehicles in their property, which is not not what was intended by city council, I think when they wrote the ordinance.
15:26Yeah, uh you know, the only unique uh 95 feet uh driveway uh parking about ten years, no any take any violation last year about November, I do everything because I know I don't know nothing.
15:43Nothing and and and we would like to give you what you want, but we don't have the legal authority to do it because of the zoning ordinance, which clearly says you need special conditions that make it impossible for you to use it as zoned, and you don't have that.
16:03You can use it as it's zoned, it's zoned for a home, and you are using it that way.
16:09So we have no basis to grant you the relief that you're requesting, even though we'd like to.
16:14We don't have the authority to legally so uh you all understand what we're saying.
16:24Unfortunately, I for you and you I know you're supporting it and you're good neighbors, and it's a it's a nice arrangement, but we can't legally do it.
16:34We'd be violating our oath of office to just change the ordinance the way you would like it to be changed, and uh, we can't do it.
16:41Without there being something unique um about the property that that makes it impossible to be used just for a single family dwelling, which doesn't which doesn't exist in this particular case.
16:53So all right, I think we pretty much had our discussion.
16:57All right, all right.
16:59I'll make a motion that the application be denied.
17:02I have a second for that.
17:16And I do recommend reaching out to the Allentown parking authority, sir.
17:20They'd be able to give you information on on street locations in the city where truck parking is permitted, so they they might be able to assist you in finding another location where the truck can be parked.
17:32All right, have a good evening.
17:38Uh the thing that called me.
17:43No, you can have it.
17:52Okay, let's go back to 2nd Street then.
17:55Everybody's here for 2nd Street.
17:59Okay, you want to come forward again?
18:15Yeah, I'm going to have your name.
18:17Uh, my name is Stephanie Petit.
18:24Okay, I'm gonna ask you to raise your right hand.
18:31And this is your my uncle.
18:34You asked him to raise his right hand.
18:35See, but I never thought I'm on a line, you can't tell the truth, whole truth, and I think that's a good idea.
18:44Okay, Miss, when we ask your uncle a question, you repeat that question in his language.
18:51It's Spanish, I take it.
18:52You repeat the exact question, and then when he answers it, you repeat his answer.
18:59Just to just to be clear, because you're related, you may know the answer to the question, and even if you do, don't insert your answer, just translate his.
19:11Sometimes people like might know the answers.
19:13I just wanted to be clear that.
19:19Silvia, you want to use the property at 640 North Second Street for a graphic design office.
19:30We don't really uh think.
19:37Who would be the person doing the graphic design work?
19:42Yeah, we'll say the personal graphical.
19:45I he would be doing it.
19:48I noticed in the uh materials that I saw ahead of time that you would not have any customers on the property.
19:56Okay, when I said I don't know the señor Alain, clientes in la propiedad.
20:00office graphico who would be the person doing the graphic design work he would be doing it I noticed in the uh materials that I saw ahead of time that you would not have any customers on the property is that correct client is in the proper note for delivery internet no no clients will come physically to the location they'll just purchase the designs online and then he'll deliver he would do the work and do what with it um he would deliver ship to the clients because they will purchase online so no clients will come physically to the location property yeah and would there any would there be anybody but Antonio at the property two pero no he will have a friend helping him with the work of the designs so it'll be two people on the premises but no clients on the premises no clients on the premises no I think I saw a lease that you signed release yes and before you signed that lease did you look at the property yeah he said yes and what is the inside look like the inside of the property yes clean he said that's clean in the inside it's what it's clean in the inside clean clean are there any uh uh pieces of equipment oh si tiene uh equipo a dentro del local vacillo no está vacío um there's no equipment in there it's c and it was empty empty yeah all right now materiali oh right now it's not empty because he was storing some of his equipment in there until he got approved okay um his um printer and in his computer set up um what facilities are in the property is there a kitchen uh no no so is there a bathroom uh yes it has bathroom shower and a tubera no um the information I have is that it had been used as a sewing factory yes that's what he was told is there any indication inside that it had been used as a sewing factory utilizado como una factoria de coset no yeah because no indication that it was previously used as a sewing factory so it's essentially an open room to enter the property como una quarta beart yeah it's like an open room question um with your business what are your proposed hours of operation so three to four days of the week he'll be working between um sometimes it might be eight to twelve or ten uh um ten to twelve because he does have uh a job uh in the afternoon and what days um it would be three to four um days in the weeks he didn't say you don't know which ones yet yeah he doesn't know which ones it depends on his work schedule so three or four days during the week during the week yeah not the weekend not the weekend not the weekend no and two individuals in the or on the perimeter of the the space are there uh electrical outlets yeah yeah are they are they standard or electrical outlets or do they look like they're uh industrial or different or it's only standard he said it's standards um a hundred and ten watts yeah a hundred and ten watts are there any um how many I wonder how how many are they roughly eight excuse me yeah like eight yeah okay are there any other features like are there airlines or or other
25:00He said it's standards, um 110 watts, yeah, 110 watts.
25:04Are there any um how many I wonder?
25:07How many are they roughly eight?
25:14Are there any other features like are there airlines or or other I think or no?
25:28So I mean to the heater.
25:33He said that there's like a stand for the heater.
25:38Like a stand for like the heater?
25:39A stand for the heater.
25:41What kind of what kind of heater is it?
25:43Well, uh, get people the heater in.
25:45So can I just am I allowed to?
25:48Um last name Sidiq S-I-H-D-E-I-Q-U.
25:59So maybe itself, yeah.
26:03So are you familiar with the property?
26:06All right, go ahead.
26:07Um it's just central area.
26:09So it is it's like this uh pipe that's kind of sticking out the wall.
26:13It's like non-working.
26:14We just left it there, but there was no point of me removing the pipe.
26:17Um, so it's just kind of there, but it's not like obstructing anything from walking, it's literally on the wall, like inside the wall kind of.
26:23How how long has your uncle owned the property?
26:26Uh I believe about two years.
26:28So during his time, has it ever been a sewing factory?
26:33Not during his time.
26:34Um, when he purchased it, was there any equipment in there or um I can't ask that?
26:40But there was like stuff in the basement.
26:45Like just equipment.
26:46There's like cutting, like stuff for cutting, like uh saw jaws, chains, stuff like that.
26:51Yeah, cleaned it up pretty well.
26:54It was like a storage unit, I'm guessing that they had.
26:56We cleaned it up pretty well, so it doesn't look like a factory anymore.
26:58We didn't want a place looking like a factory.
27:00So like we added like part of the tiles and stuff like that.
27:02Just to make it look like that.
27:04Were there were there any improvements made structurally or uh aesthetically inside?
27:11Since your own your uncle bought it that you know of.
27:16Me mopping the floor 90 degree weather with that.
27:19Well, there's uh well, I didn't have the AC on.
27:40Well, I I think it'd be unlikely.
27:42I mean, even if it um was used for a sewing factory within five five months, if the previous operator left, they'd more than likely take their equipment with them.
27:53Um, and depending on the scale of the, you know, it wasn't a textile manufacturing facility, you know, they didn't have large looms or anything.
28:00It was just a cut and sew operation.
28:02There might not have been anything particular about the building um in terms of you know, heavy electrical or air-powered um machines.
28:12The fact that they're not there to me doesn't necessarily overtly indicate uh an abandonment of the the intended use because they did not add like no one added a kitchen or did anything overtly to change the the appearance of it.
28:25Um so and that coupled with the you know, we can see in the zoning history um that it was a sewing factory, at least for two different occasions.
28:36Um the uh I forget what it was originally created as, but it I don't think it has a residential history.
28:44Um I've already I looked at it and I've already forgotten.
28:47Um obviously it has a different appearance.
28:50Um so I think the I don't think there's anything that that shows us to me that it was abandoned, even though it's been over the the 12 months.
28:58Um and I think coupled with that, I think the intended use while non-residential is a um a very nominal um low impact use um which quite honestly I mean might be like if he lived there it might actually be allowed as a home occupation and he doesn't live there um because he can't because there's no kitchen.
29:19So um I think I guess what I'm getting at is for all those reasons I have I have no objection, or I think it'd be reasonable to grant a variance um to uh use the space um for a uh graphic design office as in as testified by the applicant uh on a very limited basis again might actually be less intense than the sewing factories it is to replace um and like I said, might might be even closer um to the permitted uses in the uh in the zone than the sewing factory was.
29:53So I think it'd be a move in the right direction.
29:56Your thoughts, Meta.
30:00Your thoughts myself I would agree because prior to it being a sewing factory, it was a pool room, a wholesale retail clothing sale, a clubhouse.
30:05Um so I would agree that um you know the uh the proposed use kind of is lower impact um and it in line with the kind of how the building is set up, and essentially has no history whatsoever of ever being used for residential purposes.
30:22And if I may just collabor or corroborate from the city's records, currently there are zero dwelling units listed on file at that address, so that would indicate there's there's no kitchen present, there's there's no kind or there in the there's no there's no way this property could be reasonably used in its current condition condition for residential occupancy.
30:45So this property is essentially a blank slate and as is condition.
30:49Is it a two-story or one story?
30:51This is a two-story.
30:52There was past zoning hearing board activity that then would have allowed the you know the construction of the second story, maybe about 35 or so years ago.
31:01So I it looks seems to me that we are justified in granting this as a change of a non-conforming use.
31:08Uh because it certainly would not be more detrimental than if we conclude that the the use was not abandoned.
31:14The fact that um thank you for pointing that out.
31:16The fact that there are no one's attempted to shift the the permitting to be residential, no one's made any improvements to make it residential and simply removing if it's if it was small um sewing machines, the the previous tenant, it's very common for the tenant to take their belongings with them when they leave.
31:33So uh if we're if we're satisfied that the use was not abandoned, then yes, I agree we can make the uh the determination that it's a change of a non-conforming use of a of a lower intensity.
31:43And if that's like I can I'll make a motion to that effect.
31:47Okay, do I have a second?
31:51I okay, good luck to you.
31:54You'll get a uh a written decision from the board.
31:59You may need schedule.
32:00You may need permits for changing things, perhaps.
32:05But when you get the decision, call the zoning office.
32:17Thank you very much.
32:29Look lacrosse street matter.
32:36And you are Jennifer Tavares?
32:46Tavaras, do you own the property?
32:49Along with anyone else?
32:53And according to the information I have, you presently have a family daycare operation there.
33:03And you want to make it a group child care home.
33:06I'm sorry, uh a family child care operation.
33:09You want to make it a a group child care home.
33:13And the only insufficiency that is indicated in the notice is that you are required for the group child care to have three three parking spaces, but you only have two.
33:25Um the parking lot that I I mean the parking space that I have in the back of the house, it's big enough for actually three.
33:32I took a picture with three cars.
33:34I don't know if you want to see it.
33:54Do you know off the top of your head how wide your property is?
33:57How wide it is how wide in feet.
34:00Um the the parking space.
34:02No, the whole your entire property.
34:07It's it's I'm sure it's of record somewhere in maybe the zoning supervisor.
34:11I'm looking at the tax record at the moment.
34:16There's a lot of information at his display.
34:19It's very convenient having all the records in one place.
34:24It helps if I go to the right place to try and start killing them.
34:30Oh, I see you guys have a picture to the lock in question has dimensions of 44 by 125, and it has alley access to the rear.
35:03And the parking space requirements are nine by eighteen.
35:15So we've got twenty under thirty feet.
35:19Yeah, there would be there would be more than sufficient width here to be able to accommodate three parking spaces to the rear.
35:28That is the only deficiency we're looking at.
35:31That was the only insufficiency in the as long as the applicant was willing to move this into this photo into the record is an exhibit, the zoning office would be willing to determine that no insufficiency exists with respect to parking based on testimony provided, and that the matter would purely be a special exception for use.
35:54Just uh looking at the aerial photography.
35:58Is that a is that that's a shed on your property?
36:02And I wonder it it's not clear in the zoning officer's notes, um, Michael, that I wonder if with the shed being present, that there just simply isn't the appropriate width between the shed and the other side of the property.
36:18Again, not the the cars clearly fit there, but to count as a parking space, they need to be nine by eighteen, nine feet wide by eighteen.
36:27Um so you need 27 feet between the side of the shed and the other property line.
36:33Um again, it's not clear to me that that's what was determined.
36:36The zoning officer that was there clearly determined that there was not three parking spaces, and while it's clear that you can fit three, um, I'm just trying to make sure we cover our bases.
36:49And if if that was an issue, the width or the shed, um I thought I'd check that now.
36:58And if we take uh take a moment, I can take a brief informal measurement off an aerial photo here if that's acceptable.
37:08And I in the worst case scenario, you might have to move your shed.
37:12Um, but I don't want to ask you to do that if it's not necessary.
37:16What if we have that shed probably isn't 14 feet wide, probably a 10 foot wide.
37:21Right, but we don't know where it is.
37:23Yeah, we know there needs to be from the the one face of the shed closest to the cars to the other property line, you need at least 27 feet right to be compliant.
37:32And that's I don't know if there's a setback side setback for parking or so parking is generally a little permitted all the way the property line.
37:40When I take an informal measurement using using poor methodology here and a poor quality image, I'm getting 32 feet.
37:48So if I get 32 feet doing really sloppy work, that would suggest to me that if I actually went out and and took a field measurement that there would be more than sufficient space there.
37:58I'm comfortable we can fit three cars back there without an issue.
38:03Okay, so this photograph that you gave me, we're gonna keep it, okay?
38:09And we're gonna mark it exhibit A1.
38:12Um to show that we believe that you do comply with the space requirements.
38:18Um you have to comply also with state licensing requirements and city and that sort of thing, which you already know probably because you have it.
38:35I have I'll make a motion to uh approve the application.
38:38Uh essentially on what we're approving, because we're not granting any relief.
38:42We just made we're actually we're making a determination that the uh property complies and can provide free parking spaces.
38:49There is still a need for action on a special exception appeal to increase the scope of the daycare operation.
38:54Excellent, thank you.
38:55Rusty, it's been a few days.
38:57Um I'll make a motion to approve the special exception um to convert the uh family child care home to a group child care home and uh make the determination that there is no insufficiency in off-street parking and that three spaces um there's been evidence provided by the applicant that three spaces are provided.
39:17And the uh negative conditions there's no evidence of the negative impact that are identified as a as uh precluding us correct from uh approving the special exception application.
39:48Okay, when's our next meeting, Mike?
39:53So that's two weeks.
40:00And do we know yet if I get I guess we asked you this earlier if there any of those cases are under the new.
40:04Let's take a let's take a quick look at that.
40:09One cases will be under the new.
40:23Anything we would at the night of December would be sale for appeal at this point.
40:28So any appeal at 2026 number will be under the new code.
40:38I will not be here on the ninth.
40:45There being no further business, the meetings adjourned.
40:55And I actually when I was blocking, I didn't know I never know how many are on, but when I was walking through, I was like, there's one, two, three, four.
41:08We normally try to tap it at three, but just since the hearing on the 26th was canceled by the letter, that that led to the off there was like one that's nice to see everybody.