Allentown Zoning Hearing Board Meeting – March 16, 2026
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Allentown Zoning Hearing Board Meeting – March 16, 2026
A zoning hearing board meeting was held on March 16, 2026, to consider an application for variances to subdivide 928 West Chu Street and construct a second single-family dwelling. The applicant, 928 West Chu Street Associates LLC, represented by attorney Mike Peters, sought relief from lot width, side yard setback, and front yard setback requirements. After deliberation, the board unanimously denied the application.
Discussion Items
- Applicant’s Presentation: Attorney Mike Peters introduced the proposal to divide a 4,600-square-foot tract into two lots: Lot 1 (2,000 sq ft) with the existing dwelling, and Lot 2 (2,600 sq ft) with an asphalt parking area accessed from Oak Street. The applicant proposed to build a new single-family home on Lot 2 and obtained a waiver from the Allentown City Planning Commission to permit a lot without frontage on a public street (rear access via Oak Street).
- Variances Requested: From Zoning Ordinance sections 660-54 and Attachment 9 for: (1) lot width of 20 feet (40 ft required), (2) side yard setback of 0 feet on the western lot line (4 ft required), and (3) front yard setback of 54 feet (TNDO overlay required 0 ft average setback). The applicant agreed with the zoning officer’s denial on the front yard setback and only appealed for the lot width nonconformity argument.
- Testimony of Sean Roth (Owner): Roth purchased the property in 2021 and explained the lots surrounding Oak Street: 27 of 32 properties have houses fronting on Oak Street, and five have parking, including his. He stated the parking areas will remain, with a walkway from the front house to the rear parking. He noted receipt of a $X affordable housing trust fund grant from Lehigh County and a letter of support from City Center Corp. He reached out to neighbors: the western neighbor expressed support; the eastern neighbor was unreachable due to an estate.
- Testimony of Mina Lamin (Engineer in Training): Lamin, employed by Remington and Vernick Engineers, prepared the subdivision and zoning plans (sealed by licensed PE Christopher J. Fazio). She confirmed compliance with minimum lot area (2,600 sq ft vs 2,000 required), building coverage, and height. She testified that the 20-foot lot width is an existing nonconformity and that the proposed side yard setback matches the existing house on the lot. She stated there is no alternative way to provide parking without the requested variances due to the lack of alley access and the lot’s long, narrow shape.
- Board Deliberation: Board members debated the hardship. Scott Unger argued that since there is already a house on the property, there is no legal hardship; the property has been reasonably used for over 100 years. He also expressed concern about the radical setback change and replication of nonconformities. Robert Kenauer noted that subdividing a narrow lot replicates nonconformities and that the property can be developed as is. Another member (Matthew) suggested the design was reasonable given the constraints, but the board majority focused on the lack of hardship. The board also discussed that the new zoning code (Ordinance 16166) prohibits new lane row house lots along Oak Street after January 1, 2026, limiting future replication.
Key Outcomes
- Motion to Deny: A motion to deny the application was made and seconded. The board voted unanimously in favor (all ayes).
- Rationale: The board found that the applicant did not establish an unnecessary hardship because the property already has a reasonable use as a single-family dwelling. The requested variances would increase nonconformities and were not the minimum necessary.
- Next Steps: A written decision will be issued within 45 days as per the Pennsylvania Municipalities Planning Code. The next meeting is scheduled for March 30, 2026.
Meeting Transcript
Consists of Samantha McLean to my right. Scott Unger is on my left. My name's Robert Kenauer. We now have one matter on the list, and um I guess there's no need to call it. They're here. The uh appellants here and represented by is it Mr. Peters? Uh yes, sir. Okay. And uh are there any objectors to this matter? Are there any interest in persons not objectors? Okay. Mr. Peters. Thank you very much. Good evening. My name uh is Mike to use this, or is this just a button there to there we go? Not that you can hear me, but um my name is Mike Peters. I'm an attorney uh with East Burning Gray. I'm here tonight on behalf of the applicant, 928 West Chu Street Associates LLC. Uh the property is uh located at 928 West Chu Street. Um you'll hear that there's a total tract area of 4600 square feet. The applicant proposes to divide the tract into two lots with lot one comprising 2,000 square feet and containing the existing single family detached dwelling, and lot two comprising 2600 square feet and containing an existing as asphalt parking area accessed off of the street to the rear of the property, which is Oak Street. The applicant proposes to construct a single family detached dwelling on lot two and obtained a waiver from the Allentown City Planning Commission to permit a lot without frontage on a public street at the rear of the property on Oak Street. Uh the zoning is R-MH medium high density residential, and you'll hear that the relief that we're requesting. We appealed uh the denial of the zoning application um dated December 31st, 2025, as supplemented on February 18th, 2026. We'll clarify this evening that all we're appealing um is is with respect to and to preserve our non-conforming lot width argument that we have. Otherwise, we do not disagree uh with the zoning officers um denial or determinations with respect there too. We are requesting a variance from zoning ordinance section 660-54 and attachment nine, uh table of area and yard requirements in residential districts to permit a lot width of 20 feet instead of the minimum required lot width of 40 feet. Um we only have 20 feet. Um it is our position that that's an existing nonconformity. A variance from 660-54 and attachment nine, table of area and yard requirements in residential districts to permit a side yard setback is zero feet on the western lot line instead of the minimum required four-foot setback on both sides, and finally a variance from zoning ordinance section 660-51. C parens one parens B, Paren C, Parens D, and Parens D1 to permit the front yard setback shown on the zoning plan. Um we have an exhibit booklet with 13 exhibits, um, which we'll run through with you. Uh we have two witnesses, um, our engineer and also a representative for the property owner. Uh at tab one, I'll just draw your attention to the deed for the property um showing that 928 West Chu Street Associates LLC is the legal owner of this property. Um, and with that, I'd like to call my first witness, Sean Roth, please. Okay, we'd like our witnesses to sit up next to the stenographer. So uh if you want to come up here you in thank you. Go ahead, Sir. I do. Uh good evening, Sean. How are you? Good, how are you? Good. Uh please state your name um and explain your connection to this project. Yeah, so my name is Sean Roth. I am the sole owner of 928 West Chu Street Associates LC. And you are therefore familiar with the property located at 928 West Chu Street, is that right? Correct.
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