Contested building permit to be revised

Hollidaysburg resident had wanted to build structure wider than 34 feet

HOLLIDAYSBURG -- Because Hollidaysburg is amending a building permit at the applicant's request, a visiting judge in Blair County Court has dismissed objections to the original building permit, challenged in court by the Hollidaysburg Community Watchdog group and four of its members.

Somerset County Senior Judge David Klementik concluded Monday that because the building permit holder no longer wants to "go outside the normal limits" of the borough's building code, land use appeal issues on the matter are moot. For the same reason, the judge also declined to issue an injunction or an order directing the building permit to be revoked.

"When you have another case that addresses this kind of situation, then you can pursue it," Klementik said at the conclusion of Monday's court hearing.

The Hollidaysburg Community Watchdog and its members turned to the court earlier this year with several objections in connection with a permit allowing construction of a 38-foot wide building on a 58-foot wide residential lot at 1217 Poplar Ave.

Zoning rules applicable to that area limit building construction width to 34 feet. The Hollidaysburg Zoning Board, however, granted a variance so property owner Joseph Kanish could build a 38-foot wide structure. That was deemed as unacceptable and challenged by the Hollidaysburg Community Watchdog and members Patricia Hill, Steven and Bobbi Jo Wertz and Margaret Tulley, all residents of Poplar Avenue.

Klementik, during Monday's court hearing, asked Kanish about his building plans, prompting Kanish to say that he no longer intends to build wider than 34 feet. Hearing testimony indicated that new plans are being developed.

Kanish also said he rendered a Dec. 23 letter advising Hollidaysburg Zoning Administrator Gerald Harbison that he was withdrawing his request to build wider than 34 feet.

Watchdog President Richard Latker, who spoke at the court hearing on behalf of the organization and the Poplar Avenue residents, told the judge that even if Kanish withdraws his request to build wider than 34 feet, the zoning board's decision to grant a variance and allow the illegal construction remains intact and part of the public record.

"The zoning board has set a precedent," Latker said.

Hollidaysburg Zoning Board solicitor Robert Rea told the judge that the zoning hearing board took action on Sept. 18, 2019, to address Kanish's request for a variance -- to build 38 feet wide -- and no immediate appeals were filed.

The challenges developed, Rea said, after Kanish started building a foundation and returned for a second variance which the zoning board granted Nov. 4.

Harbison, in response to the complaints, advised Poplar Avenue residents in a Nov. 10 letter that the Nov. 4 decision could be appealed.

Klementik said that in light of the property owner deciding against building wider than 34 feet, he had no reason to further consider the Watchdog's objections. Any concern about the zoning board basing future actions on what happened should be irrelevant, Klementik said, because zoning board decisions are to be decided independently.

"Each rises and falls on its own facts," the judge said.

Harrisburg attorney Elizabeth Kramer, also representing the borough and Harbison, presented a letter Harbison prepared for Kanish, indicating that the building permit will be amended to reflect developing plans.

Latker said his organization was satisfied to hear that the existing permit was going to be amended.

As for appealing the judge's rulings, Latker said the option will be discussed. Latker said the proceedings also could be used in support of an existing appeal against the zoning board that is currently pending in Commonwealth Court.

Mirror Staff Writer Kay Stephens is at 814-946-7456.