Zoning Advice: Always Bring a Neighbor

Att'y Jim Holzinger: Bring a Neighbor

In zoning cases, use variances are tough. You have to convince a Zoning Hearing Board to permit a land use that is contrary to the plain provisions of the Zoning Ordinance. Bethlehem Township's strict board has refused to grant one in recent memory, but they've never seen Bethlehem Attorney Jim Holzinger. He worked his magic with Bethlehem's zoners at their July 24 meeting.

Representing Chris Brown, Holzinger sought a use variance for a vacant lot at 822-824 Atlantic Street that would permit a two-family dwelling in an area where only single-family homes are allowed. With folksy charm that belied a great deal of advance preparation, Holzinger spun a tale that made it seem like his client was doing Bethlehem a favor, and not the reverse. He introduced testimony showing that a single-family home at that location would care almost double what would be realized from the sale. He showed numerous other doubles and apartment buildings in the are, including massive apartment buildings. But his secret weapon, as always, is the next door neighbor.

Joan Duser, who owns the property next door and grew up in that area, told the Zoning Hearing Board that "it'll be nice." She's happy to see something being built because "the hedges haven't been cut in five years."

By a 4-0 vote, Brown had his variance. Bill Fitzpatrick, just confirmed for a new 5-year term on the Board, joked with Duser that Chairman Gus Loupos "might come down and cut your hedges."

Afterwords, Attorney Holzinger gave this piece of advice. "I always say, bring a neighbor."

In other business, zoners allowed Michael Kehl to convert a salon at his 914 Linden Street property into a residential unit. He and wife Sarah will live upstairs and rent out the first floor. Sarah told the Board she was concerned that someone would break into a salon after hours when it is empty, and would feel safer if someone was living there. The vote was 4-0.

A third matter on the agenda, an off-premises billboard at 1501 Gary Street, was continued. Attorney Kevin Kelleher, representing Atlantic Holdings, asked for the extension because the actual application deviates slightly from the application. That raises questions of notice to the public.