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Zoning board approves gaming/‘games’ use at Eighth Street site with parking, membership conditions
Summary
The board granted Whitestone Homes LLC permission to convert part of a First Floor into a commercial recreation/games operation, conditioned on demonstrated leased parking (four spaces within 250 feet) and limits on the use as testified (no pay-to-play skill-game machines).
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The Allentown City Zoning Hearing Board voted to permit a commercial recreation use at 1115 South Eighth Street operated by Whitestone Homes LLC, after conditioning approval on evidence that four off-site parking spaces will be leased within 250 feet of the property and that the operation match how it was described at the hearing.
Owner Zecharia Levy testified he is the sole owner of Whitestone Homes LLC and described the proposed front-first-floor use as a small “games”/video- and console-based operations targeting mostly teenagers and young adults. The proposed operator, Cadata Jarnagan, described the plan as a supervised, membership-based gaming and homework-support environment rather than a pay-to-play skill-gaming parlor. Jarnagan said she expects about 10 users at a time, two supervising adults, and hours roughly 10 a.m. to 6 p.m. Monday through Friday.
Zoning staff told the board that the phrase “skill games” has a specific meaning in current local and state discussions — referring to machines that accept money and provide monetary payout opportunities — and recommended the board clarify whether the applicant intends to operate those devices. The applicant disavowed that meaning in her testimony, saying, “When I say skill games… I don't mean that. I mean games that need skill, literally… PlayStation 5… games that take skill.” She described a membership model (she proposed about $45 per month) and a two-hour suggested session limit for youth.
Board members discussed legal standards for variances and neighborhood impact, and several members said the long vacancy of the retail space weighed in favor of allowing a new use with careful conditions. The owner said he controls several potential off-site parking areas and offered access to four spaces he owns about 280 feet away; the owner also described other nearby parking, including an adjoining lot and on-street meters. The board required proof of leased parking before issuing zoning permits and instructed the zoning office to verify that the four leased spaces are within 250 feet of the subject property.
The board’s approval included these principal conditions: the use must be “as testified” at the hearing (no pay-for-play skill-game devices; primarily video/console and supervised programs as described), the applicant must present written leases or written permission securing four parking spaces within 250 feet of 1115 South Eighth Street before any permit is issued, and the business must obtain any applicable business licenses, building permits and certificate of occupancy; the zoning office will assist with enforcement of the parking condition.
The board’s decision recognized the space had been vacant for a long period and that the proposed hours and limited occupancy could create less impact than some other permitted commercial uses, provided the parking and use limitations were enforced. The board recorded the approval subject to the listed conditions and with direction that the applicant provide the required lease documentation to the zoning office prior to issuance of local permits.
