Allentown zoning board denies request to split 928 West Chu Street for second house

The Allentown City Zoning Hearing Board voted to deny an appeal by 928 West Chu Street Associates LLC seeking to subdivide a 4,600-square-foot lot at 928 West Chu Street into two parcels and to obtain several dimensional variances for a proposed second single-family home.

Attorney Mike Peters, representing the applicant, told the board the proposal would divide the tract into Lot 1 (2,000 square feet, containing the existing single-family house) and Lot 2 (2,600 square feet) and requested relief from the minimum lot width (seeking 20 feet where 40 feet is required), a 0-foot west side-yard setback instead of the required 4 feet, and front-yard setback relief. Peters noted the Allentown City Planning Commission granted a waiver allowing a lot without frontage on a public street at the rear of the property.

The applicant presented evidence including a deed, a sealed zoning plan and a zoning denial letter dated Dec. 31, 2025. Owner Sean Roth, who said he purchased the property in 2021 and manages it, testified the site currently has four parking spaces along Oak Street, that most properties on the block front on Oak Street and that the parcel is long and narrow with no rear access. "I believe in affordable housing," Roth said, adding the front house participates in the Housing Choice Voucher Program and that the project received an affordable housing trust grant from Lehigh County; he confirmed the applicant has executed the grant agreement and that the county's approval is required before any sale or assignment.

Engineer Mina Amin of Remington and Vernick Engineers described the site and plans, and said the project complies with several RMH-district standards (lot area per dwelling unit, height, building coverage and rear yard) but does not meet the 40-foot width requirement. Amin testified the proposed 0-foot west side-yard setback matches the existing house and that, because the lot lacks access to the middle or rear, strict conformity with the ordinance is not physically achievable.

Board members raised two central concerns: whether the application would improperly increase the number of nonconforming lots on the block, and whether the applicant met the legal standard for a variance by proving an unnecessary hardship. One member said the property has been used as a single-family home for more than 100 years and argued that the applicant had not shown the deprivation of reasonable use required to justify relief. In contrast, the applicant contended the block already contains several split lots with similar parking arrangements and that adding an affordable housing unit would be a community benefit.

After discussion, a board member moved to deny the appeal on the grounds that the applicant had not demonstrated the requisite legal hardship and that approval would increase nonconformities on Oak Street; another member seconded. The board called a voice vote and recorded two "Aye" votes to deny the application. Staff told the applicant the written decision will be issued within 45 days and mailed to the parties.

The hearing concluded with the board adjourning and noting the next meeting date.

What happened: The board denied the request to subdivide 928 West Chu Street and to grant the dimensional variances; the applicant will receive a written decision within 45 days. No alternative approvals or conditions were adopted at the hearing.

Who said it (select quotes): Attorney Mike Peters: "We are requesting a variance from zoning ordinance section 660-54 ... to permit a lot width of 20 feet instead of the minimum required lot width of 40 feet." Owner Sean Roth: "I believe in affordable housing." A board member opposing the application: "I don't think there's been any restriction of reasonable use on this property."