Allentown zoning board denies permit for deli with kitchen at 420 West Emmaus Ave.

The Allentown Zoning Hearing Board on June 16 denied a request to operate a carryout deli with on-site cooking at 420 West Emmaus Ave., ruling the proposed use would be more intense and more detrimental to the neighborhood than prior approved uses.

The decision followed testimony from the tenant, neighbors and business owners and discussion among the three-member board. Scott Unger moved to deny the application; Robert Knauer seconded, and the motion passed unanimously, 3-0.

Board members said the property sits in a medium-density residential zoning district but is surrounded by commercial uses at a busy intersection. Samantha McLean, a board member, said “this is obviously a very commercial area,” but she and other board members expressed concern that a convenience store paired with a carryout restaurant would generate substantially more traffic than previous tenants and than the smoke shop variance granted earlier.

The tenant, identified in the hearing as Mr. Sanchez, described the proposal as “the small mini deli mart, you know, little convenience have convenience store and hot sandwich and french fries, tasty sticks, stuff like that. Take carryout only.” He said the business would be primarily phone-ordered takeout, and that he planned to install kitchen equipment including a fryer and a hood and would complete required health-department permitting after receiving zoning relief. Sanchez said he expected to work seven days a week, listing hours on his application as 7 a.m. to 9 p.m., though he said he might open at 8 a.m. on weekends.

Zoning staff and board members pointed to quantitative constraints in the record: the site’s plans show 13 required parking spaces but only seven available on the property. An adjacent business owner, identified in the hearing as Smith, warned that delivery drivers and carryout traffic would “effectively turn my parking lot into, you know, a street.” Another nearby restaurant owner (transcript: “lmonte”), who said his shop had opened in April, said his operation draws up to about 200 customers a day and that the area already experiences parking pressure.

Board members referenced the zoning code’s standards on nonconforming uses and change-of-use considerations, specifically calling out Section 660-88(b). They compared the current request to a prior variance for a smoke shop, which board members said had been estimated at roughly 20–30 customers per day; the board concluded the deli-with-kitchen proposal would be significantly more intense than that prior, approved use.

The board recorded the reasons for denial as increased traffic generation, longer hours and greater parking demand relative to the previously approved or historical uses at the property. The hearing record shows the space at 420 West Emmaus Ave. has been vacant since February 2022 and has had several prospective tenants while the owner sought a stable use.

After the vote, board members and staff suggested the property owner consult the zoning office about alternative, lower-intensity uses or the feasibility of converting the first floor to residential or appointment-based commercial uses that would generate less vehicular traffic.

Votes at a glance: Motion to deny proposed use (deli with kitchen/carryout) — Mover: Scott Unger; Second: Robert Knauer; Outcome: denied, unanimous (3–0).