Duane Schleicher appealed to the East Penn zoning hearing board following denial of a permit to build apartment houses on Germans Road. He was granted the variance needed for the apartments on the basis of a hardship in that he invested in a sewer system and wants the many homes to make use of it..

After board members John Reedy and Todd Scherer recused themselves in July for failing to file ethics forms, new members were appointed to the zoning board.Michael Hudson is a permanent member replacing Mike Smith who resigned and Jayrey and David Bryfogle are alternates.Under courtesy of the floor Richard Smale asked if any of the new members were related to Schleicher, and Joe Ehritz asked if a list of objectors was being kept. The objectors would be on record as being sworn in, and they all said there was no relationship issue.Cindy Cordova said Frey is related by marriage to Schleicher. Frey said any relationship is distant and would not affect his decision. He has never worked with Schleicher as part of his construction business.Solicitor Bill Schwab introduced appellants Schleicher and Cole PefferZoning officer Rich Dietrich denied a permit application on April 11. The appeal followed. Dietrich said it was denied because there is no ordinance covering apartment houses and Schleicher needs a variance.Schleicher and Pfeffer want to build apartment houses on 13 acres that has 900 feet of road frontage. Behind the proposed 150 feet of developed land is 740 feet of rear setback. There is a creek but any wetlands connected with it will not be infringed upon.Many of the residents' questions concerned the wetlands, with several disputing the 6 percent of land Schleicher said was wetland.In the surrounding area is Northside Heights mobile home park, a campground and a commercial storage building.He said he put $450,000 into the sewer lines. However, the one to the apartments dead ends on the opposite side of Lauchnor and has not gone under the road. The sewer permit was received in 1994. His sewer treatment plant has a capacity of 100,000 gallons per day.According to Schleicher there is no property available in the village center where apartments would be permitted. In Ashfield there is no sewer and in West Bowmans there is no room.Dietrich said there was a concern about water quality because many of the local wells have some degree of arsenic. Schleicher said the Department of Environmental Protection will be the permitting office for water..Schwab said the residents who wanted to be objectors could ask questions but not give testimony. John Dailey was first. He was concerned about rainwater which runs from Lauchnor Road to his property and then to his parents. The retention pond at the mobile home park does not retain water, he said.James Dailey asked how much was wetlands, and said the ground slopes to the creek. There are fish and frogs which are associated with wetlands.Cindy Cordova said he should receive the variance if there is no other use for the property. She said she bought in a rural neighborhood because she liked the character of the district.Larry Klotz referred to a potential couple with two children who then had a third. He wanted to know what the family would do. Schleicher said they would have to move.Richard Smale asked how that would be controlled since it is not at Northside Heights, which Schleicher also owns.Bruce Fichter said the supposed wetlands are home to flying squirrels and skunk cabbage.Deb Miller said the roads and infrastructure are not suited to so large an influx of people. Ronald Miller said the roads are not improving.Frey said his concern is the water but there are systems that work well.John Stefanik said he could put a lot of homes (seven estimated) on the property without destroying the scenery.Stanley Cordova said he should find out about water before building. Schleicher said he would have to follow DEP regulations after 21 people are involved.Randy Pfeiffer said Schleicher created his own hardship by putting in the sewer without having a permit to build. Reading from the zoning book, Pfeiffer said, In circumstances created by the zoning ordinance a variance should not be given since a curative amendment would be required. He created the hardship. Variances can only be allowed when nothing else can be done. He could put in single family homes, semi-detached, two-family detached or cluster homes.Ehritz said granting the variance would be ignoring the zoning law.In a closing argument Schleicher said he ran the sewer line with the intention of having some kind of cluster housing. He agrees with complaints of roads and water.Frey made a motion to grant the variance. An amendment was immediately added to include conditions: four people and three licensed cars per unit; no trucks, campers, motorhomes or sheds. Schleicher is to do all outdoor maintenance.