EASTON, Pa. — Bethlehem’s attempt to overturn a city Zoning Hearing Board decision to allow nine new townhomes for students in South Bethlehem will go before a judge Tuesday.
In December, the city filed an appeal in Northampton County Court seeking to block construction of the townhouses after the Zoning Hearing Board voted to let developer Lady Mohawk LLC raze three single-family homes near 406 Jackson St. and build the townhomes.
- The City of Bethlehem’s appeal of a city zoning hearing board decision will be submitted to a judge Tuesday
- The city asked the Northampton County Court of Common Pleas to block construction of nine townhouses for students outside of Bethlehem’s student housing zone
- Regulations in the city limit rentals occupied by 3-5 unrelated students to a few blocks of the South Side near Lehigh University
The proposed development would fall outside the city's student housing district, created in 2021, which confines homes occupied by three or more unrelated students to a few blocks of South Bethlehem near Lehigh University.
Argument hinges plans' submission
The appeal will be submitted to a judge Tuesday morning. The assigned judge will have 90 days from Tuesday to issue a ruling.
Zoners held that student housing limits didn't apply because the developer submitted preliminary plans before the restrictions were enacted.
The city last appealed a decision from its zoning hearing board in 2013.
In court filings, the zoning hearing board defended its decision, asking the court to agree that the development is exempt from restrictions on student housing because plans were submitted before the measure was introduced.
In a brief filed on behalf of the city, assistant solicitor Matthew J. Deschler argued that because the hearing board’s approval or rejection of those plans didn’t hinge on whether they would be used as student housing, the townhomes can't be used to house students.
The city last appealed a decision from its zoning hearing board in 2013.
Bethlehem Mayor J. William Reynolds did not respond to a request for comment Monday.
