Zoning board conditionally approves pole-barn variance at 1225 S. Howard; requires licensed survey verification

The Allentown Zoning Hearing Board on March 17 conditionally approved a variance allowing an existing pole-barn foundation to remain at 1225 South Howard Street, provided the applicant supplies a survey from a licensed Pennsylvania surveyor confirming that the rear lot line and footing locations show the structure will be three feet from the alley (an 18-inch relief from the advertised requirement).

Eliezer Rivera, the property owner, testified and presented contractor William Savage, who described site work already performed: Savage said crews had excavated and augured 22 foundation pilings (described in testimony as 18-inch diameter by 42-inch depth) and that materials and footings were on site. Rivera and his contractor said the barn is engineered with trusses; an initially planned cupola was removed to reduce overall height so the side setback would comply. A neighbor, Eddie Castro, testified he lives immediately behind the property and said he has no objection to the project.

Zoning staff explained how height and setback rules interact: accessory structures may exceed a 15-foot height, but each additional foot above that threshold typically requires an extra 6 inches of setback; staff said the math produced an 18-inch adjustment relevant to the rear-yard requirement. Board members debated whether the applicant had shown a unique hardship. Several members said the dimensional request appeared de minimis and unlikely to harm the neighborhood, but they expressed concern that the rear lot line was not definitively established by tape measurements or existing fences and that granting relief without a clear certified boundary could set an undesirable precedent.

Scott Unger moved to approve the variance conditioned on the applicant providing a survey by a licensed Pennsylvania land surveyor that confirms the rear lot line and documents that the required relief is 18 inches (i.e., a 3-foot setback from the alley). Samantha McLean seconded the motion. The board voted in favor; the chair instructed the applicant that the zoning permit will not be issued until the zoning office is satisfied with the survey deliverable and verification of the footings. The board discussed procedural alternatives (continuance or denial without prejudice) and noted a continuance would cost approximately $400 and that denial/reauthorization costs could be different; staff advised that submitting a survey would allow the office to approve the permit without returning to a hearing if the survey confirms the required dimensions.

The board’s conditional approval allows the applicant to seek permit issuance only after the zoning office accepts the survey showing the rear lot line and footing locations. If the survey shows less than the confirmed 3-foot setback, the applicant must return to the board for further relief.