Allentown Zoning Hearing Board Meeting - April 13, 2026: Variance Denials and Withdrawn Appeal
Allentown Zoning Hearing Board Meeting - April 13, 2026
The Allentown Zoning Hearing Board convened on April 13, 2026, at 12:15 PM (UTC) to hear three cases. Two cases were resolved without testimony due to appellant absence or withdrawal, and one case received a full hearing resulting in a denied variance.
Cases Without Hearing
- 827 North Fifth Street (Appeal of 827 North Fifth Street, LLC): The appellant was not present. No objectors or interested parties appeared. The board unanimously denied the application for lack of testimony and evidence.
- 943–951 Shu Street (Appeal of MPC Allentown LLC): The appellant was not present initially. The zoning office reported after the hearing that the applicant had withdrawn the appeal the previous week. The board, after initially considering a motion to deny for lack of appearance, instead acknowledged the withdrawal. No formal action was taken.
Hearing and Testimony for Case #3: 520 North 20th Street (Robert Spearco)
- Applicant Robert Spearco appeared and was sworn in. He sought variances for a potting shed on the side of his house (insufficient side setback: required 5 feet, existing 3.25–4 feet) and a gazebo/pergola at the rear (zero rear setback, roof encroaching into the city’s right-of-way).
- Mr. Spearco explained that the structures had been in place for about 12 years, he had not obtained permits, and he believed he was in compliance. He noted no neighbor complaints and described the yard as a popular respite.
- Zoning official Scott noted that the gazebo roof extended into the city’s right-of-way, a matter beyond the board’s jurisdiction, and that the potting shed did not meet side-yard requirements.
- Board members questioned the applicant and discussed the lack of a legal hardship (e.g., unique physical circumstances of the property). The board emphasized that de minimis encroachments do not constitute a legal basis for a variance, and that the burden of proof (including a survey) falls on the applicant.
- The board stated that even if a variance were possible, it could not address the right-of-way encroachment, which is not a zoning issue.
Key Outcomes
- Motion to deny the variance for 520 North 20th Street was made and seconded, citing no legal hardship presented and insufficient evidence. All board members voted in favor. The variance was denied.
- Motion to deny the appeal for 827 North Fifth Street (due to lack of appearance and evidence) passed unanimously.
- 943–951 Shu Street was withdrawn by the applicant prior to the meeting; no board action required.
- The next meeting is scheduled for April 27, 2026.
Meeting Transcript
There we go. Okay, ladies and gentlemen, we call to order the meeting of the zoning hearing board for the city of Allentown for April 13th, 2026. We have three matters on our agenda. In just a moment, our secretary will call our agenda, the list, and she will ask if the applicant is present and whether represented by council. She'll ask if there are any objectors. Uh she'll ask if there are any interested persons not necessarily objectors. And we asked that they raise their hands so we can get account, although it doesn't look like I'm talking to any of them tonight so far. Tabby Case number one, appeal of 827 North Fifth Street, LLC at 827 North Fifth Street. Is the appellant present? Okay, there's no response. Pardon me, sir. 940 West. Okay. So is the appellant present for 827 North Fifth Street? No. The appellant is not present. Okay. There are no objectors here. Are there any objectors here for case number one, 827 North Fifth Street? No. No. Are you guys here for 827 North Fifth Street? What address? No. Okay. I just wanted to make sure. Case number two, appeal of MPC Allentown LLC at 943, 951 Choose Street. Is the appellant present? No response to that. The appellant is not present. But they said nine something, but they said pine. That's why it isn't. So I don't know if are you sure you're here for this meeting? Yes. You want to show the board or you can show me what case. Yes, that's that's the case that I just called. Is are you you live in the area? Yes. Oh, okay. You're not the applicant. Okay. So they're not here. The appellant is not present. They're just uh interested party. Interested parties. So folks. They're interested parties for case number one or two. Two. Okay. Yep.
openpublica.com