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Yeager v. Zoning Hearing Board of the City of Allentown

Denial of zoning relief affirmed because property was well-suited to the purpose for which it was zoned, and property owner failed to show that he would suffer unnecessary hardship if required to comply with the zoning ordinance.

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Argued: April 3, 2001

Daniels Cadillac, Inc. (Bank) and Merchants National Bank/First Union Bank (Bank) appeal from the order of the Court of Common Pleas of Lehigh County, which reversed the decision of the Zoning Hearing Board of the City of Allentown (ZHB) that granted Appellant zoning relief. We affirm.

Daniels wishes to construct a new 10,000 square foot Land Rover auto sales and service facility on its existing property at 1401-1415 and 1417-1425 Tilghman Street and 1402-1426 Green Street, in Allentown (Property). Daniels currently operates and intends to maintain a Cadillac dealership on the site. The Property is located in the B-3 Business Zone. It has 260 feet of street frontage on all sides, viz. Tilghman Street on the south, North 14 th Street on the east, Green Street on the north and North Franklin Street on the west. To the east of the Property is Daniels’ BMW automobile dealership; to the north is an office building and objector James R. Yeager’s fuel company; and to the west is a Dunkin’ Donuts franchise restaurant and parking lot. The proposed new facility would contain a Land Rover sales and service building and an off-road demonstration course, both of which Land Rover requires of its dealerships. The proposed building would be setback approximately 120 feet from Tilghman Street (only 30 foot setback required), but Daniels sought to erect a sign within the setback area along Tilghman. Along North Franklin and Green Streets, the building would be at the lot line in violation of the 15-foot setback required along North Franklin and the 30-foot setback required along Green. The proposed placement of the building would obstruct the clear sight triangle at the intersection of North Franklin and Green. *fn1

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