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Politics & Government

Zoning Hearing on Jack Jones Building Delayed

With Bethlehem on the verge of adopting new zoning law and pending decisions facing legal uncertainty, developer decides to continue hearing until a later date.

 

Because the Bethlehem Zoning Hearing Board is in technical “limbo,” as its counsel, Mickey Thompson, pointed out, two applicants seeking variances at a meeting Wednesday night – including the developers who want to demolish the former car dealership – decided to continue their appeals to later dates.

Thompson cautioned the applicants that because the board is operating under the pending new zoning ordinance, which is expected to be adopted Aug. 7, they should consider the risk of having their cases heard before the zoning code is formally adopted.

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He characterized the situation as “a bit of a sticky wicket.”

Thompson explained that the applicants could have their cases heard under the pending ordinance and receive a decision. But, he warned, an objector could appeal the decision to a county court claiming the process was defective because the new ordinance was not in effect at the time of the decision.

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The board voted to go into executive session to confer with counsel about the ramifications of hearing cases prior to the adoption of the pending zoning code.

Two of the five applicants on the Wednesday night meeting agenda agreed to continue their hearings to a later date. They are:

  • Novak Broad Street Ventures is seeking variances to construct a 17,040 square foot medical office building and parking lot at 325 W. Broad St., the site of the former Jack Jones Buick dealership. The applicant is requesting variances for the maximum impervious coverage; to allow the building to encroach into the eight-foot triangle at the intersection of W. Broad Street and Third Avenue; and from a two-foot buffer yard. Additionally they wish to eliminate a two-foot planting area along Schaffer Street; for relief from constructing an off-street loading space, and to allow nine compact car parking spaces in a lot with 38 spaces.
  • Novak Broad Street Ventures also is seeking variances to upgrade an existing parking lot at 532 Fourth Ave. into an employee parking lot for the medical office building. They are requesting variances to allow two parking spaces to encroach into the 8-foot clear sight triangles at the exit; for relief from a two-foot planting area in front of a fence along residential property on the south lot line; and to eliminate a fencing requirement along Schaffer Street, Hanover Street and Fourth Avenue.
  • MM Consultants is seeking a use variance to convert the former St. John Capistrano Catholic Church rectory at 902-910 E. Fourth St. into administrative offices for Lehigh Valley Community Mental Health Centers, Inc.  The applicant also seeks a variance to use the previous church basement as a training facility. No mental health services are proposed at the site. 

One of the other two applicants on the agenda, who went forward with the hearing, was denied a variance to operate a buying and selling retail business, and the other was denied because he nor a representative appeared at the meeting.

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