North Whitehall Planning Commission Denies Mechanic’s Zoning Change Request

The North Whitehall Township Planning Commission has rejected a request from local mechanic Gene Weierbach to amend zoning regulations that would allow him to continue operating his auto repair business, which has supported his family for over two decades. The decision came during a lengthy two-hour meeting where Weierbach’s attorney, Ari Bargil of the Institute for Justice, argued for a curative amendment to permit auto repairs on residential properties.

Despite the commission’s advisory role, the decision does not end Weierbach’s efforts. The township’s board of supervisors has scheduled three public hearings on December 8, 9, and 10, 2023, to further evaluate the proposed amendment. Weierbach remains skeptical about the outcome, having faced numerous challenges after the township ordered him to cease operations in 2023.

Weierbach operates his business on a 16-acre property he shares with his wife, Deborah Weierbach, and their adult son, who has severe autism and a heart condition. The mechanic’s troubles began after a disagreement with Dennis Klusaritz, the chair of the supervisors. Weierbach claims that Klusaritz’s dissatisfaction with repair costs led to a complaint that ultimately resulted in a cease-and-desist order. Klusaritz, however, denies any involvement in the complaint.

The zoning board initially granted Weierbach a variance in October 2023, allowing him to continue operating under specific restrictions. However, the township supervisors appealed this decision to the Lehigh County Court, which sided with the supervisors, stating that Weierbach did not demonstrate undue hardship caused by the zoning law. In response, Weierbach has appealed this ruling, arguing that he cannot afford commercial rent and that his wife works outside the home, making him the primary caregiver for their son.

Bargil emphasized the need for a change in the law, arguing that it violates constitutional principles by regulating harmless activities. “Where there are no harms, the government has no right to regulate,” Bargil stated, referencing philosopher John Stuart Mill to support his case. He asserted that the absence of complaints from neighbors – some of whom were unaware of Weierbach’s business – should be considered in the deliberations.

In contrast, Matthew Deschler, a land use attorney for the township, defended the existing zoning regulations, arguing they serve to protect public health and safety. He stated that allowing such businesses in residential areas could undermine these goals, asserting that the proposed amendment would not be tailored to Weierbach’s situation but could lead to auto shops opening in any neighborhood.

Despite the legal hurdles, Weierbach continues to operate his business while awaiting the upcoming hearings. He has garnered support from local residents, many of whom argue the township should either modify the law or reach a settlement that allows him to work. Weierbach expressed his determination to push for a change, emphasizing that the issue extends beyond his personal circumstances, potentially affecting other residents’ livelihoods.

The planning commission’s decision to recommend against the curative amendment passed unanimously, reflecting the skepticism of planners regarding the constitutional arguments presented. As the hearings approach, the future of Weierbach’s business hangs in the balance, with local officials weighing the implications of their decisions on the community.

The upcoming hearings will take place at the municipal building located at 3256 Levans Road, starting at 19:00 on December 8, 9, and 10, 2023. The outcome could shape the future of similar businesses in North Whitehall Township.