Politics & Government

Apartment Variance Request on Zoning Hearing Board Agenda

Property owners Jason Chew and Paul Pierce are seeking a variance for an apartment at 96 Kiernan Avenue, Hellertown, which is located within the borough's Residential 2 (R2) zoning district.

A variance request for an apartment at 96 Kiernan Avenue, Hellertown, is on the borough zoning hearing board's meeting agenda for Wednesday, March 21 at 6:30pm.

Property owners Jason Chew and Paul Pierce are seeking a variance that would allow for the continued use of an apartment that is located above a garage behind a single family residence.

The apartment/garage structure is located on Clauser Street, which runs along one side of the .18 acre corner property.

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"Both residential units are occupied by the property owners and their family members," according to the application for appeal presented to the ZHB. "No new construction is planned."

At a Hellertown Borough Council meeting in February, said issues related to the use of the apartment arose after the was asked to provide bus transportation for a child living at 1625 Clauser Street.

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The district subsequently contacted him, because they had no records of that address on file, he explained.

In a letter to Chew and Pierce dated Feb. 2, 2012, Chernaskey said that "after doing some research, I had found no records showing occupancy at that address."

"I contacted Northampton County, and they also have no record of any occupancy at 1625 Clauser Street," he added. 

Chernaskey said county records for 96 Kiernan Avenue have it listed as a single family home, and "show no subdivision or use for the garage as anything but a garage."

Further investigation led him to conclude that "it appears someone is still living above the garage in violation of Hellertown zoning laws," he wrote.

He did note, however, that in April 1992 the garage building was granted a Registration of Business for use as a floral/craft business, and that the garage building and the primary residence are metered separately.

A cease and desist order was applied to the use of the garage as a residence on Feb. 2, according to Chernaskey's letter of that date.

Chew and Pierce are being represented in their appeal by Quakertown attorney Stephen A. Shelly.

They are not seeking a subdivision of the property, according to their application for a variance.


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