North Whitehall Planners Deny Mechanic’s Zoning Change Request

Gene Weierbach’s attempt to change zoning laws in North Whitehall Township was met with rejection from planning commissioners on November 7, 2023. This decision affects his home-based auto repair business, which has been a source of income for his family for over two decades. Following a two-hour hearing, the nine-member planning board voted against a curative amendment that would permit auto repair services in residential areas.

The planning commission’s decision is advisory, meaning it is not final. The township supervisors have scheduled three hearings on December 8, 9, and 10, 2023, to further evaluate the proposed amendment. Weierbach expressed skepticism regarding the outcome, as he has faced significant challenges since a 2023 order mandated that he cease operations at his 16-acre property, which he shares with his wife, Deborah, and their adult son who has autism.

Weierbach’s troubles began after a dispute with a regular customer, Dennis Klusaritz, who is also the chair of the board of supervisors. Following a disagreement regarding repair costs, a zoning officer issued a cease-and-desist order, citing that Weierbach’s auto repair work was a prohibited use in the zoning district. Weierbach claims he had no prior complaints about his business and noted that he had previously served township officials as customers without incident.

After initially receiving a zoning variance in October 2023 that allowed him to operate under specific restrictions, the township supervisors later appealed this decision to Lehigh County Court. The court sided with the supervisors, stating that Weierbach’s case did not demonstrate an undue hardship as required for a variance. In his appeal, Weierbach explained that his wife works outside the home, making him the primary caregiver for their son, and he cannot afford commercial rent for a shop.

The proposed curative amendment is intended to address Weierbach’s situation specifically. Ari Bargil, his attorney from the Institute for Justice, argued that the existing law is unconstitutional, emphasizing that Weierbach’s work has not generated any complaints from neighbors or officials. Bargil cited philosopher John Stuart Mill, asserting that the government should not regulate where no harm exists.

Matthew Deschler, a land use attorney for the township, countered that zoning laws are essential for regulating land use in the interest of public health and safety. He contended that altering the current regulations could lead to auto repair shops proliferating in residential neighborhoods, undermining the intended purpose of zoning ordinances.

The Lehigh Valley Planning Commission echoed Deschler’s concerns, advising against the amendment during their recent discussions. Bargil countered the argument that the amendment would permit auto shops throughout the township, proposing that the township could evaluate applications individually to prevent undesirable outcomes.

After the legal discussions concluded, both Weierbach and local residents expressed their hopes for a resolution that would allow him to continue his business. Weierbach reiterated his desire for the township to accommodate his longstanding work. He emphasized that the implications of the decision extend beyond his situation, potentially affecting the livelihoods of other residents as well.

Despite the planning board’s rejection of the curative amendment, Weierbach remains determined. He noted that his advocacy for a change in the law is about more than just his own circumstances.

The upcoming hearings on December 8, 9, and 10 will take place at the municipal building located at 3256 Levans Road, providing another opportunity for discussion on this significant issue in North Whitehall Township.