Wilbur Hill and his attorney, Mark Malkames, appeared before the Catasauqua Zoning Hearing Board July 12 to ask for relief from zoning codes for his property at 231 Church St.

Hill’s father had worked at a nearby restaurant that bears his name and used a basement efficiency apartment occasionally when he worked late. The property is permitted as a two-family residence with a single bedroom unit on the ground floor and a two-bedroom apartment on the second floor. At some point, Hill’s father, without a permit, had converted the basement to the efficiency apartment for his own occasional use.

“If he filed for a permit when he made the change, we would need to grandfather it in,” said borough Zoning Officer Eugene Goldfeder. The conversion was completed before the state adopted formal building codes. The size of the unit does not meet the minimum conditions for a heated indoor unit. Hill argued because the apartment is existing, it should be granted approval.

The four parking spaces outside the unit meet requirements, but Malkames argued that exceptions could be made since residents in both the proposed basement apartment and the existing one-bedroom apartment would most likely have only one car. Neighbors confirmed adequate parking exists.

The Bridge Street restaurant and several rental properties are listed for sale. The listing does not specify if 231 Church St. is part of the rental sale package.

The board granted the variances with the condition that the basement apartment meet existing building codes.

“That may be difficult for the owner to do,” Goldfeder said after the hearing. “The existing codes require that there be a means of egress from the unit. I don’t know how they can accomplish that with the basement location.”