Coplay Borough Council authorized its solicitor to pull a bond to pay for a driveway that never was built.

At a hearing Oct. 25, the borough zoning hearing board granted a variance to Matthew and Stephany McCauley, whose home at 57 N. Fifth St. was supposed to have off-street parking but doesn't.

The hearing took place as a result of a notice of violation issued Aug. 30 to the McCauleys after they purchased the home and received a certificate of occupancy from the borough. By granting a variance, the zoning hearing board determined the McCauleys are not responsible for putting in a driveway.

"That [ruling] does not take the parking spaces off the recorded plan," Solicitor James Preston told council Nov. 13.

Developers are required to post bond money as a guarantee that public improvements that go along with their developments will be done.

Preston said he talked with the developer's attorney in an effort to reach an agreement through which the developer would install the off street parking. He hopes to have an agreement in place by Dec. 15, which is when the bond expires.

"If we cannot reach an agreement prior to [Dec. 15], I would want to be able to issue a notice of default on the bond," said Preston. "It doesn't' mean I will be doing that, it simply means if I need to ... I can get it done."

This means the bond money would be released to the borough to pay for the improvements which, in this case, are parking spaces.

"What the borough can't do is forgive or modify the recorded land development plan. Even if we wanted to, we can't do that," Preston said.

The developer can come before council and ask to modify the plan to eliminate the parking spaces. The request would be made at a public meeting and the neighbors, who want the parking spaces installed, would be there.

"I don't think they found that very attractive," Preston said.