The majestic home, known as the Schadt house, is a single-family residence built in the 1840s. The green buildings, first built in the 1820s, are retail establishments and once included the manufacturer of brass instruments for the Moravian Church.
Morning Star Partners are represented by zoning attorney Jim Preston.
Bill Fitzpatrick, the Vice Chair, has recused himself based on a potential conflict.
The Board granted a use variance subject to the following conditions:
1. Any renovations shall be substantially similar to what was testified.
2. There may be one single entity and it must be a professional office use as well as one residential use.
3. The 2nd floor of the current green buildings may only be storage for the professional office. If the residential unit is to be above the green buildings, the 2nd story of the garage may only be storage for the professional office.
4. Maximum number of employees may not exceed what was testified to (no more than 14).
This decision won't prevail upon appeal as a variance to make the Main house offices has already been turned down in both the lower & Commonwealth Court. How many bites of the Apple does this guy get?
ReplyDeleteWhat section and sub-section of the zoning code was this use variance granted under?
ReplyDeleteHow is this use variance different than the one Judge Hannah Leavitt said should not be allowed in the last court appeal of the five to zero denial by the City of Bethlehem Zoning Board in the fall of 2013 denying a "use variance" for this property?
You may read her decision here:
http://www.pacourts.us/assets/opinions/Commonwealth/out/1032cd14_6-26-15.pdf
Please pay particular attention to the third sentence of the second paragraph on page six, which reads:
"The City of Bethlehem has made the decision to make the neighborhood residential."
I find it disappointing that the Zoning Board has decided that it is in their power to override this community decision (a decision made through many public hearings in remaking our city wide zoning code) to have a residential neighborhood In this RT residential zone, especially with so much vacant commercial space available on both New and Main Streets. The business in question is currently located only two hundred yards away, in the Central Business district. Why the urgent need to displace another residential home with a business, inside a residential zone, only two hundred yards away?
The zoning code is designed to place various land uses in locations agreed upon by the community, and not to allow any use on any property just because some one wants to use it for something not in the code. This is not a money issue, it is not a historic preservation issue (see earlier on page six of Judge Leavitt's decision). It is a land use issue.
3:36--You are right on the money that this variance has already been turned down by the courts in 2013 & it is essentially the exact same request except this time approved by ZHB.
ReplyDeleteZHB is scherzo on this & now approving what the courts already turned down. This was a make nice decision by the ZHB who has been courted by the applicant rather than following zoning laws. This will be appealed & tied up in courts for years.
Bernie,
ReplyDeleteWith your tail o twistZ on the peacock block, I had thought your opinions would reach a all time high with the pension package proCUREment process times two and hillariously thought to hopefully be times three bringing it to a all time low rate of recidivism?!($
I am also seeing allentowns pyroteniqs crew of court jesters were deffinately hard at work with there insurance circus agenda being a state level too insurable peril with there depreceation of there property holdings LLC's and land aqwisitional hostel takeover tactiks employeed by there subdiversional tools employeed yet never to recieve there part in the pension package proCUREment proceedure seein as they are butt subcontractors of palumpas party favor consessionair comPETors?! ($ Oooo a little south west of epicentral?! ($
Just when will that infamous perp walk and all colluded dilluded top lawdoggs spinckter urethrel mussel lose it elastiCITY and let lose the fermenting pot o political blue juice let loose?! ($
Re:publican redd
http://www.poconorecord.com/news/20160604/bangor-bank-exec-charged-with-dui-resigns
ReplyDeletecut and paste much @ 3:37
ReplyDelete