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Thursday, July 25, 2013

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.

11 comments:

Anonymous said...

More apartments. That always works well. Ask Allentown.

Bethlehem, becoming more like Atown everyday. Just make a contribution.

Al Bernotas said...

Jim Holzinger has convincing, folksy, and disarming ways. He evidently has the ability to consistently put the ZHB in a hypnotic stupor. On the other hand, the ZHB, even with three new members, has the mentality of slum lords, and that is even with three new members. And now that Fitzpatrick has five more years on the board, the slumlord mentality continues. Bethlehem is going to be what it is going to be. You cannot stop water, you can only try to control it. You cannot stop slums, you can only try to control them. The ZHB is not doing a good job. And they won't, not until they support and live by the zoning ordinance, not decimate the zoning ordinance every chance they get. Tweaking a dimensional variance is one thing, making new law, and totally disregarding the ordinance should be a crime. We are stuck!

Bernie O'Hare said...

Al, As a regular observer there, I'd have to say it is one of the finest, if not the finest, body of public servants in the state. You deride Bill Fitzpatrick, but he is probably among the toughest (when it was a 3-person board) when it comes to increasing density and deconversions.

As for the strict letter of the law, it specifically provides for variances. You could follow BT's example and never grant them at all, which begs the question why the variance is even provided for in the ordinance. Or you can try to be fair, which is what the ordinance contemplates.

Bethlehem tries to be fair.

That's my problem with them. Too damn fair. I would be a lot easier on a landowner and would set a 5-minute limit on all hearings. Your commentary would be limited to 3 seconds, and would only be permitted every other month. Greg Zebrowski, who can't keep his mouth shut during meetings, would be required to sit in the parking garage with a dunce cap on his head. I would start hearings 30 minutes before the scheduled time to screw NIMBYs. Then I would laugh at you and shout, "Too late" and moon you all.

And I would type the record myself, completely lying about what happened.

Thanks for your comment. Sorry for getting goofy on you.

Glad we agree about Jim.

Anonymous said...

Sorry Bernie but as along time resident of Bethlehem the city is changing and it is becoming, albeit slowly, Allentown. The neigborhoods are a changing.

Al Bernotas said...

Bernie, you said, "Thanks for your comment. Sorry for getting goofy on you."

Not a problem. I enjoy your ranting.

I still think that Bethlehem is getting scummed up, neighborhood standards are diminishing, and it is evident by the insidious changes being allowed by the ZHB. The new members have not stopped the bloodletting.

I do not have the voting record of the latest slum dwelling intensification, so I cannot cast aspersions on the new members, but the seasoned members, Loupos and Fitzpatrick need to raise their standards, or go out to pasture where they belong.

Other than modest dimensional variances, and true hardship, not concocted by an attorney hardship, in other words, bovine scatology, they should strictly follow the letter of the law. - Or have the law changed by City Council, not the ZHB.

Anonymous said...

Al, the neighborhoods are suffering. The off the books car repair stations in private garages and the off the books renting that goes on is ever increasing. The authorities don't care and don't do a thing about it.

This isn't just the Southside. All over the city this nonsense is going on and it gets worse every year. I have talked to older residents who like the city and their neighborhoods but are planning on selling and going to the burbs because of lax and non-existent code enforcement and easy going variances.

I guess money talks.

Al Bernotas said...


To Anonymous 6:14 PM:

Nice to see your comments. Maybe I am not totally nuts about what I see.

From what I can see, and from what I experience, the current Zoning Officer will, and does, enforce the code. But, the Zoning Officer needs eyes and ears around the city, and that is where the residents come into play. The residents need to have pride, and they need to make that telephone call to the Zoning Officer. The culture of the City governs the character of the City. Residents need to be snitches. That works!
And for those of you who do not like the word "snitch," too bad! Maybe you are part of the problem.

Anonymous said...

Permission to change subjects. Are you aware of the Donny Cunningham purge at LVEDC? What's the scoop?

Bernie O'Hare said...

I am aware and will have a story at the witching hour.

Anonymous said...

The attorney in the picture looks a bit like Ron Heckman. Maybe distant cousins.

Bernie O'Hare said...

Never noticed that before, but you are right.