Allentown zoning board denies Robert Spirco’s variance after finding gazebo encroaches into city right-of-way

The Allentown Zoning Hearing Board on April 13 denied a variance sought by Robert Spirco for accessory structures at 520 North 20th Street after finding the gazebo roof extends toward the alley and appears to encroach into the city right-of-way.

Spirco, the appellant, told the board he had a potting shed and a gazebo that “extends about 2 feet” past the garage line and that the gazebo had been in place “maybe about 12 years.” He said he believed he did not need permits when the structures were installed and that the gazebo had not drawn neighbor complaints.

Board members and staff examined setback and right-of-way issues. An agency official noted the alley/right-of-way is roughly 20 feet wide and that the gazebo’s roof projection “is inside the right away,” creating an encroachment beyond the board’s zoning authority. Committee member S5 said the record lacked evidence of a legal hardship and emphasized the applicant’s burden to submit a licensed land survey and supporting documentation.

S5 summarized the board’s view: “I just don't think we have a legal basis to to grant relief.” The board said even if a zoning variance to reduce a setback were appropriate, that would not authorize encroachment into the city right-of-way.

After deliberation, a member moved to deny the variance; another member seconded. The board’s recorded affirmative votes resulted in denial of the application. The board noted the applicant could provide a professional survey or pursue any right-of-way or encroachment permits through the appropriate city offices, but the zoning board cannot authorize relief that permits encroachment into the city-owned right-of-way.

The hearing continued with procedural matters after the ruling. The board set its next meeting for April 27, 2026.