Robert and Roseanne Schlegel came before the Catasauqua Zoning Board March 18 with a request to allow an existing basement apartment for use as a rental.

The property at 25 Race St. is in a conservation district where apartments and conversions are not permitted.

As Robert Schlegel explained, the basement apartment has been in existence for 30 years, but was used mainly by family members.

"I want to increase the value of the building. I don't have anything else for retirement," he said. "This building is my retirement plan. If I can get the basement rented, it will allow me to reduce the number of hours I need to work in the barber shop and increase the value of the building."

The building has four apartments and the barbershop. The Schlegels live on the first floor and carved out about 400 square feet for the barbershop. They indicated they have no plans to convert the barbershop into a rental.

"If we close the shop, we might make that an extra bedroom because it isn't really that big," Schlegel said.

Only two permanent members of the zoning board were present. Applicants are given the option to defer their hearing when only two members are available, but the Schlegels decided to move forward with the hearing.

"I have lived in the borough for more than 30 years and I took a lot of these buildings that were condemned and made them useful," said Schlegel in his explanation.

According to Schlegel, the basement unit has always been there. Family members would use it occasionally.

"The bathroom and kitchen already exist," he said, although he conceded that some repairs are needed.

The basement unit could be converted to an rental apartment without going outside the perimeter of the building.

Board member Bernard Skripek reminded Schlegel the board was only ruling on the legality of the apartment.

"You still need to get a permit and meet all the requirements for a basement apartment," he said.

The property sits adjacent to the Lehigh River and campers often pitch tents on the forested land behind Schlegel's apartments.

According to Zoning Officer Eugene Goldfeder, the borough established the conservation district anticipating the future development of recreational activities along the river.

A variance from a restrictive zoning covenant is difficult to obtain. To get such a variance, the appellant must prove that a hardship exists. The hardship must be related to an aspect of the building, not the personal wishes of the owner.

"What the appeal requires is that the owner must present some reason why the building is a problem, not that he wants to make more money from an apartment, even if that apartment has been existing for a long time," said Goldfeder after the meeting.

In an earlier case, the board granted a variance to a property owner because the location of the structure was not conducive to its zoned use.

"That is the kind of proof that allows us to grant a variance," said Goldfeder.

The board considered Schlegel's arguments and adjourned to a closed session to further discuss the matter. Upon their return, Acting Chairman Dan Scheirer presented a motion to deny the request. Board member Bernard Skripek voted against the motion, but the split vote meant that the request was denied.

Schlegel asked the board for appeal instructions and those will be sent along with a report of the board's findings.

"I'm disappointed in the decision. After all the improvements I made to the building. It was condemned when I got it. I didn't know anything about the change in the zoning," said Schlegel.

"No one can take the house away from him or make him change the use,"Goldfeder said after the meeting. "Schlegel is grandfathered in that location. But the location in the conservation district calls for the building to be a public facility maybe a marina or a museum."