LOWER MACUNGIE TWP., Pa. — A couple seeking to get a variance for a community playground built on their private land without a permit was denied relief Tuesday by the township Zoning Hearing Board.
Raja Sohail Abbas and Saima Abbasi built a recreation complex of a basketball court, playground and tall fencing on their property at 773 Furnace Drive.
Township officials said those residential accessory uses were not legal without a permit and violated established property easement regulations.
Following a delay and discussions with Lower Macungie Township, the Zoning Hearing Board voted to uphold the violation notice and to deny the variance — both 4-0 with one abstention.Lower Macungie Township Zoning Hearing Board
In response, the owners instead sought zoning variances and an appeal, which would allow the uses on the property.
Abbasi and her lawyer said the lack of permits was not an attempt to get around any laws, but rather an honest mistake because of not knowing the procedure.
Following a delay and discussions with the township, the votes to uphold the violation notice and to deny the variance were both 4-0 with one abstention.
A specific act of remediation hasn't been announced following a 30-day period for a potential appeal, but the township solicitor previously said the residents had to be within complete corrective action for the illegal construction.
A difficult decision
Dozens of residents attended the zoning hearing board meeting in June to support the couple in their effort to construct the lot for public use, despite it being illegal.
"Before the court, everyone was playing in the streets, we had so many kids of all ages, and they were playing basketball, soccer."Saima Abbasi
"It was to provide a safe environment for all the kids in the community so they don't play out in the streets," Abbasi said at the hearing in June.
"Before the court, everyone was playing in the streets, we had so many kids of all ages, and they were playing basketball, soccer."
She said that people of all ages from across the neighborhood have come to enjoy the facilities, which are open to everyone.
According to township officials at the meeting, the two enforcement notices were dated August 2023 after a staff member observed the developments, and were revised in February.
The Hills at Lock Ridge Overlay District, where the building sits, contains a development that borders Alburtis, near Lock Ridge Park.
Commissioners said the situation is difficult, given that all nearby residents who responded supported the project, but that it still was a clear violation.
"There's one objector, and that objector is the township."Ron Beitler
"There's one objector, and that objector is the township," Commissioner Ron Beitler said during the initial meeting.
"But make no bones about it, if this were to get appealed by the township, once it gets kicked up to the courts on appeal, they don't have that berth that we do, and this will be denied."
The attorney for the applicant, Frank D’Amore, said the construction cost more than $20,000 and it likely would cost as much to remove it.
