OPENPUBLICA · PUBLIC MEETING RECORD
Record of Proceedings

Allentown Zoning Hearing Board Meeting – February 16, 2026

Meeting PortalMonday, February 16, 2026
BodyAllentown, Pennsylvania
SessionMeeting Portal
DateMonday, February 16, 2026
StatusFILED
Video Record

STREAMING COPY IN PREPARATION — RECORDING AVAILABLE FROM THE ORIGINAL SOURCE

Transcript — Verbatim
0:00

Meeting of the zoning hearing board for February 16th, 2026.

0:05

The board this evening consists of Samantha McLean to my right, Scott Unger to my left.

0:10

My name is Robert Canauer.

0:11

We have four matters on our list this evening.

0:14

And in a moment, our secretary is going to call that list.

0:18

She'll ask if the appellant or applicant is present and whether represented by counsel.

0:23

Uh she'll ask if there are objectors.

0:25

We ask that they raise their hands so we can get a count.

0:27

She'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.

0:34

Tabitha?

0:37

Case number one, appeal of Zaheed Mohammed at 640 North Second Street.

0:42

Is the appellant present?

0:44

I am the appealant's uh nephew.

0:46

I'm representing him.

0:48

Um here can leave the country due to the family emergency last minute.

0:52

So I do have permission to be here from the okay.

0:56

We'll get back to you.

0:58

Okay, the appellant is present.

1:00

Are there any objectors to case number one?

1:05

No.

1:05

Are there any interested parties not necessarily objectors to case number one?

1:12

No.

1:12

Case number two, special use application and appeal of ECB property holdings LLC at 214 North Ave Street.

1:20

Is the appellant present?

1:21

Yes, I have Matthew Dechler for the applicant or appellant.

1:25

The appellant is present.

1:26

Are there any objectors to case number two?

1:31

No.

1:31

Are there any interested parties not necessarily objectors to case number two?

1:37

No.

1:38

Case number three, appeal of Axel Coss at 213 East Tyoga Street.

1:43

Is the appellant present?

1:44

No, but the appellant is present.

1:48

Are there any objectors to case number three?

1:52

No.

1:52

Are there any interested parties not necessarily objectors to case number three?

1:58

No.

1:59

Case number four, special use application and appeal of Jinmi Jin Mai Tavarez at 807 North La Cross Street.

2:07

Is the appellant present?

2:09

The appellant is present.

2:10

Are there any objectors to case number four?

2:14

No.

2:15

Are there any interested parties not necessarily objectors to case number four?

2:20

No.

2:21

Okay.

2:23

Mr.

2:23

Dashler.

2:25

Thank you.

2:26

Uh this might actually be very quick or will be very quick.

2:29

Um I have uh a 60-day waiver that I provided or filled out and um signed and will provide to the board.

2:37

Uh my client is actually looking to continue this matter for 60 days.

2:41

Um 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.

2:54

Okay.

2:54

So you're requesting a continuance.

2:56

I am, yes.

2:57

All right.

2:58

Um objections, ladies and gentlemen.

3:01

All right, do I have a motion to approve?

3:04

I'll make a motion to uh continue the uh case at the applicant's request.

3:09

Do I have a second?

3:10

Second.

3:11

All in favor?

3:12

Aye.

3:12

Aye, aye.

3:13

Thank you.

3:13

I'll provide the waiver to Mr.

3:15

Hanzo.

3:15

Okay.

3:17

See, thank you.

3:19

Thank you.

3:20

Have a good evening.

3:21

Okay, you two.

3:23

So that's 214.

3:26

Yes, 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.

3:41

Hopefully, I dated it 216, 2026.

3:45

Correct, yes.

3:48

So you're asking for a 60-day extension, not just a waiver of the 60-day requirement for us to make a decision.

3:54

Well, it would be a 60-day extension from uh concerning the MPC's requirement to begin the hearing.

4:00

From the time of the hearing, right?

4:02

So it doesn't have to be then it can be some other time.

4:05

Could before it could be after.

4:07

Okay, all right.

4:08

Okay, thank you.

4:09

Thank you.

4:11

Um standing.

4:26

Yeah.

4:28

Okay.

4:30

Um this is uh the second street matter at case.

4:34

This is Zaid Mohammed for Antonio Silva.

4:38

Is Mr.

4:39

Mohammed here?

4:40

Um I'm the one who's representing Ms.

4:42

Mahama.

4:43

Okay.

4:44

Yours nephew, all right.

4:46

Uh and um Antonio Silva is here.

4:49

Yeah.

4:51

There, okay.

4:52

Uh would you come forward?

4:54

Both of us are just M3.

4:56

Uh both of you.

5:09

Pardon me?

5:10

Four passion.

5:13

Sorry.

5:13

Oh, somebody to translate.

5:15

Uh she's coming with him.

5:20

Okay, you're Mr.

5:21

Silva.

5:23

And the the lady.

5:25

Her sister, Arta Gracia Garcia.

5:28

Okay.

5:29

Can you tell me your name again?

5:30

Her sister, Arta Gracia Garcia.

5:33

But my English is not a lot.

5:35

My daughter coming in the way.

5:39

Can you please uh for 10 minutes?

5:42

Yeah.

5:43

She coming.

5:43

T SP because she's born here.

5:46

Uh I gather you're waiting for somebody.

5:48

Yeah, she's yeah, she coming in ten minutes.

5:51

T is here.

5:52

Because my my grandma is she just wants to wait for her daughter to come, so she could have better translator time.

5:58

Yeah.

5:58

Okay, is that okay?

6:00

Yeah.

6:02

Well, I'm not sure we need to.

6:04

The the we'll see if we need it when we get to him, since the tenant is here.

6:11

Right.

6:11

Uh yeah, we may not need him.

6:16

Okay, you'll sign instead of the tenant.

6:19

Yeah.

6:19

Yeah.

6:21

So you can go ahead and sit down and um then thank you very much.

6:24

Take you later.

6:27

All right.

6:28

Next case would be the Taioga Street property.

6:33

And this is the appeal of actual cost, and he indicated that he was present.

6:37

Is that right?

6:38

And Mr.

6:41

Rosenthal, you were interested in this case.

6:45

I was here to assist with Mr.

6:47

Dezler's case we had discussed beforehand.

6:49

I'm not sure if Mr.

6:50

Hanzo is still.

6:51

Do you still need me to stick around for anything?

6:54

No, we no, there are other cases shouldn't raise any any significant legal matters for the city.

6:59

I did I did the work before the meeting.

7:02

Say it again.

7:02

I did I did the work before the meeting.

7:04

Sounds like you're not I'm not needed.

7:06

It's nice to see you guys.

7:07

Have a nice evening.

7:11

Okay, Mr.

7:13

Mr.

7:14

Coss.

7:15

Hi, my name is Axel Koss.

7:17

Uh please raise your right hand.

7:19

Yep, raise your right hand, please.

7:23

Yes.

7:26

Um that's okay there.

7:28

Pick that microphone up a little bit so it's closer.

7:30

There you go.

7:31

And speak into it.

7:32

Thank you.

7:33

Okay, thank you.

7:34

Okay, now you have applied for a variance to maintain the parking of tractor trailer trucks and tractor uh cabs, I guess.

7:45

Yeah, I'll leave the cab.

7:46

On a residential property.

7:48

Um that use do you know is not a permitted use in the residential area?

7:54

Yeah, uh about 10 years, yes.

7:58

You live there?

7:59

Yeah, I live there about 10 years.

8:01

Okay.

8:02

And so you've been parking a tractor trailer cab there for that long?

8:10

Okay.

8:10

Well, 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?

8:31

Yeah, yeah.

8:32

This is why I got the copy to show you the copy like uh to show the the SAB.

8:37

I think we've seen it, but go ahead, bring it up to us.

8:40

Thank you.

8:42

Is this what you submitted to the office?

8:44

Yes, to the zoning office.

8:46

Yeah, exactly.

8:51

Okay, let me explain uh my next call every name, my name is Athel Kos.

8:55

I leave it to one three East Tayoga Street.

8:59

I requested for a brightness park, my trop cop resident property.

9:04

Uh look the S C B G.

9:13

I'm sorry, please.

9:14

Uh but you look uh S B G and A.

9:24

Uh these exhibits you're talking about.

9:29

Yeah, S C B A G and G.

9:34

Yes.

9:38

And G.

9:40

Okay.

9:41

You see it like that.

9:43

A and G.

9:44

You'll see this satellite.

9:45

I see my my long 95 feet driveway.

9:51

That's in exhibit exhibit G, I see that, yes.

9:55

Yes.

9:57

Leading up to your house.

9:58

Yeah, yeah.

10:00

This I'm I'm part of my throat there.

10:01

I'm not blocked any sidewalk, any street.

10:05

Everything 100% inside my my probity.

10:10

Okay.

10:10

He's very part to only the cow.

10:12

Never the trailer, never.

10:14

You know.

10:15

About 10 years.

10:16

I'm parking every day there.

10:18

Only the cap.

10:21

You see my neighbor is here and hold this might support me.

10:27

I got one letter in the I, the G.

10:30

He did a 12 1215.

10:37

I got two letters.

10:40

The I and G letters of support.

10:42

Yeah, to support me.

10:44

The both side the house.

10:45

Okay.

10:46

Uh is 205.

10:49

Um 2015.

10:52

East Tayoga Street.

10:54

Okay.

10:54

Right now here never got Mr.

10:56

Ricardo Lopez, the home resident that this side, that's the door.

11:02

Uh yeah, very everybody happy.

11:04

We might troll is there.

11:06

Noise.

11:08

Uh the only troll we got working every day about 121.

11:14

I need my troll say my house.

11:19

Yeah, I need my troll.

11:20

Uh thank you for your time.

11:22

You only ask me to see.

11:25

Uh you can stay there.

11:27

Um do you does your property have any unusual shape or any condition on the property?

11:37

Well, it doesn't look like it from the exhibits.

11:40

It looks like a rectangular residential lot with a house on it.

11:44

Uh look at this above me.

11:47

Yeah, no, he don't have none, it's just a regular house with a lot on it.

11:50

He's got enough property that you know he his truck is off the road.

11:54

Right.

11:55

It's not a problem.

11:56

I mean on a can I have your name?

11:58

My name is Ricano Lopez.

11:59

I reside at 205.

12:01

I'm his neighbor.

12:02

Uh I have 205 and 209.

12:05

So he his truck doesn't bother me.

12:10

So Mr.

12:14

Coss.

12:17

It sounds like you're a good neighbor.

12:19

Okay, I got golden there, but yeah, thank you.

12:21

I got and and you have neighbors that you like and they like you.

12:25

Thank you.

12:25

That's very good.

12:26

And 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.

12:47

That because of some special conditions, it's impossible to use that property for a zoned purpose.

12:55

Now one of the zoned purposes is a house, a residence, right?

13:00

And it can be used for that, and you you in fact use it for that.

13:06

So absent physical circumstances that prevent it from being used as zoned.

13:14

We have no power to grant the variance.

13:20

Okay.

13:21

Now let me I'll ask my fellow board members if they are agreeing with me on that.

13:28

Because 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.

13:35

It's a rectangular lot in a residential area.

13:40

Yeah, 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.

14:00

Oh, I I would agree that um the applicant's hardship is not something unique about the property.

14:07

Um we have the same issue if he owned a different property um that was residentially zoned in the city of Allentown.

14:15

So there's nothing unique about this property, right?

14:17

It's his intended use.

14:19

Uh and while there was no notice of violation, um, the ordinance that we're working under is was established in 2010.

14:28

Um 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.

14:40

Right.

14:41

So uh I don't see that we have any authority whatsoever to grant the requested variance.

14:46

I agree, and that doesn't mean that we don't we don't have compassion for your situation.

14:51

We 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.

15:00

Um 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.

15:10

Um 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.

15:26

Yeah, 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.

15:43

Nothing 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.

16:03

You can use it as it's zoned, it's zoned for a home, and you are using it that way.

16:09

So we have no basis to grant you the relief that you're requesting, even though we'd like to.

16:14

We don't have the authority to legally so uh you all understand what we're saying.

16:24

Unfortunately, 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.

16:34

We'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.

16:41

Without 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.

16:53

So all right, I think we pretty much had our discussion.

16:57

All right, all right.

16:58

Do I have a motion?

16:59

I'll make a motion that the application be denied.

17:02

I have a second for that.

17:03

Second.

17:04

All in favor?

17:05

Aye.

17:06

Aye.

17:07

Okay.

17:08

Thank you so much.

17:09

Thank you.

17:10

Thanks for trying.

17:16

And I do recommend reaching out to the Allentown parking authority, sir.

17:20

They'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.

17:31

Thank you.

17:32

All right, have a good evening.

17:38

Uh the thing that called me.

17:41

Do you want this?

17:42

Here.

17:43

No, you can have it.

17:44

Thank you.

17:46

Thank you, Sono.

17:49

Good luck.

17:52

Okay, let's go back to 2nd Street then.

17:55

Everybody's here for 2nd Street.

17:57

Yes, sir.

17:58

Yes.

17:59

Okay, you want to come forward again?

18:01

Yes.

18:04

Thank you.

18:15

Yeah, I'm going to have your name.

18:17

Uh, my name is Stephanie Petit.

18:21

Uh P E D I E T.

18:24

Okay, I'm gonna ask you to raise your right hand.

18:30

Yes.

18:31

And this is your my uncle.

18:33

Your uncle?

18:33

Yeah.

18:34

You asked him to raise his right hand.

18:35

See, 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.

18:40

See, that's yeah.

18:44

Okay, Miss, when we ask your uncle a question, you repeat that question in his language.

18:51

It's Spanish, I take it.

18:52

Yeah.

18:52

You repeat the exact question, and then when he answers it, you repeat his answer.

18:57

Okay.

18:58

Okay.

18:58

Yeah.

18:58

All right.

18:59

Just 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.

19:09

I just keep it.

19:11

That's fine.

19:11

Sometimes people like might know the answers.

19:13

I just wanted to be clear that.

19:17

Okay, Mr.

19:19

Silvia, you want to use the property at 640 North Second Street for a graphic design office.

19:30

We don't really uh think.

19:36

Yes.

19:37

Who would be the person doing the graphic design work?

19:42

Yeah, we'll say the personal graphical.

19:45

I he would be doing it.

19:48

I noticed in the uh materials that I saw ahead of time that you would not have any customers on the property.

19:55

Is that correct?

19:56

Okay, when I said I don't know the señor Alain, clientes in la propiedad.

20:00

office 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

25:00

He said it's standards, um 110 watts, yeah, 110 watts.

25:04

Are there any um how many I wonder?

25:07

How many are they roughly eight?

25:12

Like eight, yeah.

25:14

Okay.

25:14

Are there any other features like are there airlines or or other I think or no?

25:27

Dead heated.

25:28

So I mean to the heater.

25:33

He said that there's like a stand for the heater.

25:35

Okay.

25:36

And that's it.

25:37

They what?

25:38

Like a stand for like the heater?

25:39

A stand for the heater.

25:41

What kind of what kind of heater is it?

25:43

Well, uh, get people the heater in.

25:45

So can I just am I allowed to?

25:48

Um last name Sidiq S-I-H-D-E-I-Q-U.

25:59

So maybe itself, yeah.

26:03

So are you familiar with the property?

26:05

Yes, I have.

26:06

All right, go ahead.

26:07

Um it's just central area.

26:09

Okay.

26:09

So it is it's like this uh pipe that's kind of sticking out the wall.

26:13

It's like non-working.

26:14

We just left it there, but there was no point of me removing the pipe.

26:17

Okay.

26:17

Um, 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.

26:23

How how long has your uncle owned the property?

26:25

Do you know?

26:26

Uh I believe about two years.

26:28

Two years.

26:28

Okay.

26:28

So during his time, has it ever been a sewing factory?

26:32

No.

26:33

Not during his time.

26:34

Um, when he purchased it, was there any equipment in there or um I can't ask that?

26:40

That's fair.

26:40

But there was like stuff in the basement.

26:43

Okay.

26:44

What kind of stuff?

26:45

Like just equipment.

26:46

There's like cutting, like stuff for cutting, like uh saw jaws, chains, stuff like that.

26:50

Okay.

26:51

Yeah, cleaned it up pretty well.

26:52

Like it starts.

26:53

Yeah.

26:54

It was like a storage unit, I'm guessing that they had.

26:56

We cleaned it up pretty well, so it doesn't look like a factory anymore.

26:58

We didn't want a place looking like a factory.

27:00

Okay.

27:00

So like we added like part of the tiles and stuff like that.

27:02

Just to make it look like that.

27:04

Were there were there any improvements made structurally or uh aesthetically inside?

27:10

No.

27:11

Since your own your uncle bought it that you know of.

27:14

That I know of?

27:15

Yeah.

27:16

Me mopping the floor 90 degree weather with that.

27:19

Well, there's uh well, I didn't have the AC on.

27:22

So that's about it.

27:24

Okay.

27:25

Questions?

27:26

No.

27:31

Uh all right.

27:37

Discussion.

27:40

Well, I I think it'd be unlikely.

27:42

I 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.

27:53

Um, 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.

28:00

It was just a cut and sew operation.

28:02

There might not have been anything particular about the building um in terms of you know, heavy electrical or air-powered um machines.

28:12

The 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.

28:25

Um 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.

28:36

Um the uh I forget what it was originally created as, but it I don't think it has a residential history.

28:44

Um I've already I looked at it and I've already forgotten.

28:47

Um obviously it has a different appearance.

28:50

Um 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.

28:58

Um 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.

29:19

So 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.

29:53

So I think it'd be a move in the right direction.

29:56

Your thoughts, Meta.

30:00

Your 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.

30:05

Um 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.

30:21

Exactly correct.

30:22

And 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.

30:45

So this property is essentially a blank slate and as is condition.

30:49

Is it a two-story or one story?

30:51

This is a two-story.

30:52

There 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.

31:01

So I it looks seems to me that we are justified in granting this as a change of a non-conforming use.

31:08

Uh because it certainly would not be more detrimental than if we conclude that the the use was not abandoned.

31:13

And again, exactly.

31:14

The fact that um thank you for pointing that out.

31:16

The 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.

31:33

So 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.

31:43

And if that's like I can I'll make a motion to that effect.

31:47

Okay, do I have a second?

31:48

Second.

31:49

All in favor?

31:50

Aye.

31:51

I okay, good luck to you.

31:53

Yeah, and approved?

31:54

You'll get a uh a written decision from the board.

31:59

You may need schedule.

32:00

You may need permits for changing things, perhaps.

32:04

I don't know.

32:05

But when you get the decision, call the zoning office.

32:09

Okay, zoning.

32:13

Okay.

32:13

Thank you, guys.

32:14

Okay, good night.

32:17

Thank you very much.

32:18

Good night.

32:22

Continue.

32:27

Nine okay.

32:29

Look lacrosse street matter.

32:31

Okay.

32:36

And you are Jennifer Tavares?

32:39

Yes.

32:43

So we got yes.

32:46

Uh Mr.

32:46

Tavaras, do you own the property?

32:48

Yes.

32:49

Along with anyone else?

32:51

Uh just me.

32:52

Just you.

32:53

All right.

32:53

And according to the information I have, you presently have a family daycare operation there.

33:01

Is that right?

33:03

And you want to make it a group child care home.

33:06

I'm sorry, uh a family child care operation.

33:09

You want to make it a a group child care home.

33:11

Is that right?

33:12

Correct.

33:13

And 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.

33:25

Um 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.

33:32

I took a picture with three cars.

33:34

I don't know if you want to see it.

33:35

Yeah, please.

33:54

Do you know off the top of your head how wide your property is?

33:57

How wide it is how wide in feet.

34:00

Um the the parking space.

34:02

No, the whole your entire property.

34:04

The width.

34:05

Oh, I I don't know.

34:06

That I don't know.

34:07

That's fine.

34:07

It's it's I'm sure it's of record somewhere in maybe the zoning supervisor.

34:11

I'm looking at the tax record at the moment.

34:16

There's a lot of information at his display.

34:19

It's very convenient having all the records in one place.

34:24

It helps if I go to the right place to try and start killing them.

34:30

Oh, 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.

34:57

Okay, so it's 44.

35:03

And the parking space requirements are nine by eighteen.

35:10

So with oh oh per.

35:14

Per.

35:14

Nine feet per.

35:15

So we've got twenty under thirty feet.

35:19

Yeah, there would be there would be more than sufficient width here to be able to accommodate three parking spaces to the rear.

35:27

Okay.

35:28

That is the only deficiency we're looking at.

35:31

That 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.

35:54

Just uh looking at the aerial photography.

35:58

Is that a is that that's a shed on your property?

36:01

Okay.

36:02

And 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.

36:18

Again, 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.

36:26

Okay.

36:27

Um so you need 27 feet between the side of the shed and the other property line.

36:33

Um again, it's not clear to me that that's what was determined.

36:36

The 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.

36:49

And if if that was an issue, the width or the shed, um I thought I'd check that now.

36:58

And if we take uh take a moment, I can take a brief informal measurement off an aerial photo here if that's acceptable.

37:04

Sure.

37:08

And I in the worst case scenario, you might have to move your shed.

37:12

Um, but I don't want to ask you to do that if it's not necessary.

37:16

What if we have that shed probably isn't 14 feet wide, probably a 10 foot wide.

37:21

Right, but we don't know where it is.

37:23

Yeah, 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.

37:32

And 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.

37:40

When I take an informal measurement using using poor methodology here and a poor quality image, I'm getting 32 feet.

37:48

So 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.

37:58

I'm comfortable we can fit three cars back there without an issue.

38:03

Okay, so this photograph that you gave me, we're gonna keep it, okay?

38:08

Yeah, that's fine.

38:09

And we're gonna mark it exhibit A1.

38:12

Um to show that we believe that you do comply with the space requirements.

38:18

Um 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.

38:28

Um I have a motion.

38:34

Uh sure.

38:35

I have I'll make a motion to uh approve the application.

38:38

Uh essentially on what we're approving, because we're not granting any relief.

38:42

We just made we're actually we're making a determination that the uh property complies and can provide free parking spaces.

38:49

There is still a need for action on a special exception appeal to increase the scope of the daycare operation.

38:54

Excellent, thank you.

38:55

See?

38:55

Rusty, it's been a few days.

38:57

Um 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.

39:15

Is that better?

39:17

And 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.

39:34

All right.

39:34

Do I have a motion?

39:36

Maybe you made one.

39:36

I mean you made it.

39:37

Do I have a second?

39:38

Back end.

39:39

All right.

39:39

All in favor?

39:40

I thank you.

39:42

Okay, good luck.

39:44

Thank you.

39:44

Have a good one.

39:45

You too.

39:48

Okay, when's our next meeting, Mike?

39:50

Mark seconds.

39:53

So that's two weeks.

39:56

Correct.

39:56

Okay.

40:00

And do we know yet if I get I guess we asked you this earlier if there any of those cases are under the new.

40:04

Let's take a let's take a quick look at that.

40:09

One cases will be under the new.

40:21

Under the new one.

40:23

Anything we would at the night of December would be sale for appeal at this point.

40:28

So any appeal at 2026 number will be under the new code.

40:36

Okay.

40:37

All right.

40:38

I will not be here on the ninth.

40:40

Uh March 9th.

40:42

Correct.

40:45

All right.

40:45

There being no further business, the meetings adjourned.

40:53

No.

40:55

And 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.

41:08

We 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.

41:35

Okay.

Discussion Breakdown — Share of Meeting
Zoning Regulations█████████████████████████████████████████████76%
Procedural███████11%
Daycare Operations██████10%
Vacant Property Management██3%
Summary of Proceedings

Allentown Zoning Hearing Board Meeting – February 16, 2026

The Allentown Zoning Hearing Board convened on February 16, 2026, to hear four cases. The board granted a 60-day continuance for one application, approved a change of non-conforming use for a graphic design office, denied a variance for tractor-trailer cab parking on a residential lot, and approved a special exception to expand a child care operation. All decisions were unanimous.

Case 1: 640 North Second Street – Appeal of Zaheed Mohammed (Change of Non-Conforming Use)

Applicant: Antonio Silva (represented by nephew Stephanie Petit)
Request: Variance to operate a graphic design office in a building that previously housed non-conforming uses (sewing factory, pool room, etc.).
Testimony: The applicant testified that no clients would visit the premises; all work is delivered online. Two employees would be present 3–4 days per week during limited hours. The property has no kitchen and no residential history; it currently has zero dwelling units on file.
Discussion: Board members noted the prior non-conforming use (sewing factory) had not been abandoned despite being vacant for over 12 months; the tenant’s removal of equipment did not indicate abandonment. The proposed use is lower intensity and less detrimental than the former use.
Outcome: Unanimous vote to grant the change of non-conforming use as a variance. (Motion by McLean, second by Unger; all in favor.)

Case 2: 214 North Ave Street – ECB Property Holdings LLC (Special Use Application & Appeal)

Applicant: Matthew Dechler for ECB Property Holdings LLC
Request: 60-day continuance to discuss alternative determinations with the city under the new zoning ordinance.
Outcome: Unanimous vote to grant the continuance, extending the hearing deadline to April 16, 2026. (Motion by Unger, second by McLean; all in favor.)

Case 3: 213 East Tioga Street – Appeal of Axel Coss (Variance for Tractor-Trailer Cab Parking)

Applicant: Axel Coss
Request: Variance to park a tractor-trailer cab (no trailer) on a residential property, a use not permitted in the residential zone.
Testimony: Mr. Coss stated he had parked the cab on his 95-foot driveway for about 10 years without complaints. Neighbor Ricardo Lopez expressed support, stating the truck does not bother him.
Discussion: Board members determined that the hardship was personal (need for work vehicle) and not a unique physical characteristic of the property. The property can be used as zoned for a single-family dwelling. The board lacks legal authority to grant the variance.
Outcome: Unanimous vote to deny the application. (Motion by McLean, second by Unger; all in favor.) Board recommended contacting the Allentown Parking Authority for legal truck parking locations.

Case 4: 807 North La Cross Street – Jinmi Jin Mai Tavarez (Special Exception for Group Child Care Home)

Applicant: Jinmi Jin Mai Tavarez
Request: Special exception to convert a family child care home to a group child care home. The zoning officer identified a parking insufficiency – three spaces required but only two provided.
Testimony: The applicant presented a photograph showing three cars parked on the property. Board members reviewed aerial imagery and informally measured 32 feet of available width, sufficient for three 9×18-foot spaces.
Discussion: The board determined that three parking spaces can be accommodated, thus no insufficiency exists. No negative impacts were identified.
Outcome: Unanimous approval of the special exception, with a finding that parking requirements are met. (Motion by Unger, second by McLean; all in favor.)

Administrative Notes

  • The next meeting is scheduled for March 9, 2026. Board member Scott Unger indicated he will not be present on March 9.
  • Cases filed after December 2025 will be heard under the new zoning code.

Meeting Transcript

Meeting of the zoning hearing board for February 16th, 2026. The board this evening consists of Samantha McLean to my right, Scott Unger to my left. My name is Robert Canauer. We have four matters on our list this evening. And in a moment, our secretary is going to call that list. She'll ask if the appellant or applicant is present and whether represented by counsel. Uh she'll ask if there are objectors. We ask that they raise their hands so we can get a count. She'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. Tabitha? Case number one, appeal of Zaheed Mohammed at 640 North Second Street. Is the appellant present? I am the appealant's uh nephew. I'm representing him. Um here can leave the country due to the family emergency last minute. So I do have permission to be here from the okay. We'll get back to you. Okay, the appellant is present. Are there any objectors to case number one? No. Are there any interested parties not necessarily objectors to case number one? No. Case number two, special use application and appeal of ECB property holdings LLC at 214 North Ave Street. Is the appellant present? Yes, I have Matthew Dechler for the applicant or appellant. The appellant is present. Are there any objectors to case number two? No. Are there any interested parties not necessarily objectors to case number two? No. Case number three, appeal of Axel Coss at 213 East Tyoga Street. Is the appellant present? No, but the appellant is present. Are there any objectors to case number three? No. Are there any interested parties not necessarily objectors to case number three? No. Case number four, special use application and appeal of Jinmi Jin Mai Tavarez at 807 North La Cross Street. Is the appellant present? The appellant is present. Are there any objectors to case number four? No. Are there any interested parties not necessarily objectors to case number four? No. Okay. Mr. Dashler. Thank you. Uh this might actually be very quick or will be very quick. Um I have uh a 60-day waiver that I provided or filled out and um signed and will provide to the board.

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