North Whitehall Planning Board Rejects Mechanic’s Zoning Change Request

Gene Weierbach’s bid to amend North Whitehall’s zoning laws, aimed at keeping his home auto repair business operational, was rejected by the township’s planning commission on Tuesday evening. Following a two-hour hearing, the commission’s nine members unanimously opposed the proposal, which sought to allow auto repair services on residential properties. Weierbach, who has run his business for over twenty years, expressed his disappointment but stated, “To be continued,” indicating that the matter is far from settled.

The planning commission serves in an advisory capacity, meaning their rejection does not end the discussion. The board of supervisors will hold three hearings on December 8, 9, and 10 to further consider the amendment. Weierbach remains skeptical about the outcome, having faced significant challenges since the township ordered him to cease operations in 2023. He shared the property with his wife, Deborah, and their autistic adult son.

The situation escalated after a dispute over repair costs with regular customer and township supervisor, Dennis Klusaritz. Following the disagreement, Weierbach received a cease-and-desist order, which he found unexpected given his long-standing relationship with township officials, many of whom had been his customers. He suspects Klusaritz may have lodged a complaint, a claim Klusaritz has denied.

Initially, the township zoning board granted Weierbach a variance in October 2023, allowing him to continue his work under specific constraints. These included restrictions on expansion, signage, and employment. Thirteen neighbors and customers spoke in his favor during the hearing, but the township supervisors later appealed the decision to Lehigh County Court. The court sided with the supervisors, asserting that Weierbach’s case did not demonstrate undue hardship as required for a variance.

Weierbach countered this by highlighting his family circumstances, noting that he is the primary caregiver for his son, who has a heart condition and severe autism. Financially, he argued that he could not afford a commercial shop.

During the planning meeting, Weierbach’s attorney, Ari Bargil from the Institute for Justice, contended that the existing law is unconstitutional. He emphasized the absence of complaints against Weierbach’s operations, arguing that the government has no authority to regulate where there are no harms. Bargil pointed to historical precedents supporting his stance, asserting that the court would likely view Weierbach as compliant with regulations regarding auto repair shops.

In response, Matthew Deschler, a land use attorney for North Whitehall, defended the zoning laws as necessary for public health and safety. He argued that amending the law could lead to a proliferation of auto shops in residential areas, undermining the intentions of the current zoning framework. Deschler maintained that existing ordinances provide adequate provisions for auto repair in suitable locations.

As the hearing progressed, Weierbach and several residents reiterated their support for his business. They urged township officials to either revise the law or negotiate a solution that would allow Weierbach to continue his work. While the planners expressed skepticism towards Bargil’s constitutional arguments, with planner Robert Korp stating he did not view the ordinance as unconstitutional, Weierbach remained hopeful.

He noted that his advocacy extends beyond his personal situation, as changes to the law could impact other residents in similar predicaments. “I’m pushing to get the law changed,” he declared. The upcoming hearings by the supervisors will be held at the municipal building located at 3256 Levans Road, and community members are encouraged to participate in the discussions regarding the future of local zoning laws and Weierbach’s business.