Published: November 03, 2009 09:27 pm      

Reason wins

Court says city woman

Deborah Zamanali, a Karns Avenue resident, spent more than a year trying to win city zoning approval for a porch enclosure. Last Friday, Allegany County Circuit Court Judge Timothy Finan ruled that the enclosed porch is a permitted modification.

Zamanali enclosed her porch for security purposes in August 2008. But after the$16,000 job was done, a neighbor complained and the city said the work violated local ordinance and had to be undone.

Zamanali then filed a petition in 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.

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.

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,” he said.

No opposition to the enclosure was ever voiced at the hearings before the zoning board or before the court.

Who says you can’t fight city hall?