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Porch remains enclosed
City woman enlists services of three lawyers; judge rules modification allowed
CUMBERLAND — After nearly one year, a Karns Avenue resident can rest assured that her porch is safe.
Deborah Zamanali had lived on Karns Avenue for more than 17 years and in August 2008 enclosed her porch for security purposes. However, after the enclosure was completed, a neighbor reported it to the city.
Zamanali filed a petition in Allegany County Circuit Court after the Cumberland Board of Zoning Appeals denied a request to allow the porch as a permitted modification of a pre-existing structure.
On Friday, Judge Timothy Finan ruled that the enclosed porch is a permitted modification.
The city ordinance requires the home, located off Fayette Street, to be 20 feet back from the curb, but an open porch can extend up to 10 feet into the setback. By enclosing the porch, Zamanali was told she violated the ordinance.
Hochard Contracting LLC enclosed the porch for approximately $16,000. However, in November 2008, the city came knocking at Zamanali’s door telling her she needed to open the porch back up.
In February, Zamanali, along with attorney Jeff Getty, appeared before the Cumberland Board of Zoning Appeals asking for a variance to the city’s front yard setback ordinance but was denied. In May, Zamanali, represented by attorney Robert Paye, petitioned for reconsideration of the February decision but once again lost the battle.
“We heard on the variance appeal in early May so we filed for petition for judicial review for an appeal on May 13,” said attorney Matt Gilmore. “The purpose for us, and Ms. Zamanali, to file is because we thought the board had made an erroneous decision.”
Gilmore said all three attorneys felt it was necessary to request a judicial review given the consequences involved.
“Bob Paye, Jeff Getty and I were all on the written argument, but Paye made the oral. The city did not appear at the hearing nor did they ever file in opposition,” Gilmore said. “We feel the judge made a fair and just ruling and our client, and ourselves, are very pleased with the outcome. It was a well-reasoned decision based on law and common sense and that’s what prevailed Friday.”
Finan also said in the order that he issued that there was no opposition at the hearings before the zoning board or before the court.
Tess Hill can be reached at thill@times-news.com.
