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Applicant fails to show for zoning hearing

Published February 23. 2010 05:00PM

The Bowmanstown Zoning Hearing Board met Monday to consider a request from Duane Schleicher for a second use on his property at 700 Lehigh Street, Bowmanstonwn. The first use is by Walsh Construction, the turnpike contractor.

The meeting was advertised for 6:30 p.m. The board waited until 6:45 and then held the meeting without the applicant's presence.

Duane Dellecker, zoning officer, gave a history of the request. A permit was approved for Walsh on Jan. 2, 2009. At that time Schleicher was told there would be no other uses approved without a land development plan.

An amendment to the zoning ordinance dated April 7, 2009, said no lot shall have more than one principle use.

We have documentation that Chris Summers Ballooning was operating without a permit, said Dellecker. On July 15 a violation notice was sent. In December the magistrate fined Schleicher $1,000.

On Feb. 1 Dellecker rejected an application for a permit for a second use on the industrial-commercial zoning district property.

"He (Schleicher) was given correspondence about Walsh saying the permitted and principle use was Walsh," said Dellecker.

He posted the property and had public notices in the TIMES NEWS Feb. 5 and 12.

Schleicher did know the hearing was this evening. Dellecker said he had personally told both Schleicher and his attorney.

At 6:55 p.m. Schleicher was still not in attendance.

After deliberation, the zoning board denied the request for a variance because there was no evidence presented supporting it. A request for a special exception was denied for the same reason.

Solicitor Mike Muffley will send a written notice within 45 days and then Schleicher has 30 days to appeal.

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