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Altoona Zoning Hearing Board nixes continued operation of 2 recovery homes

The city Zoning Hearing Board recently denied requests from the operator of two recovery houses for permission to continue operating the facilities.

The board denied 18th Street Community Church Pastor Nate Germany’s requests because there is no off-street parking at the homes on the 1700 block of 14th Street and on the 100 block of Ninth Street.

Germany argued that his prohibition against residents owning vehicles makes the rule requiring off-street parking moot, but the board rejected that argument due to the potential for residents obtaining a car anyway and the likelihood that visitors to the homes would bring cars, thus creating parking problems for neighbors.

In addition to being denied permission to continue operating the homes based on zoning requirements, Germany faces obstacles to their continued operation based on his not having passed life-safety inspections by the city Codes and Fire departments.

Germany is confronting those obstacles despite the homes — along with a third recovery house that wasn’t a subject of the Zoning Board hearing — being licensed by the state Department of Drug and Alcohol Programs and being under contract with the Blair County Drug and Alcohol Partnership, Germany wrote in a memo accompanying his request to the board.

In the memo, Germany asked the board to make “reasonable” accommodations for the residents — who are disabled due to substance use disorder — in connection with the Americans with Disabilities Act and the Fair Housing Act.

The recovery homes provide support and encouragement, helping the residents stave off “isolation and loneliness” that can be a challenge for people in their condition, he wrote.

No drugs or alcohol are permitted, residents are regularly tested to be sure they’re clean, intensive outpatient care and AA and NA meetings are available — and if residents relapse, they’re required to enter drug rehabilitation, he wrote.

The residents keep the house clean and do chores, Germany told the board.

“They’re looking to get on their feet and change their life around, and we believe we provide that opportunity,” he said.

Generally, the state pays the residents’ fees, he said.

The 14th Street home has five bedrooms, while the Ninth Street home has six.

The homes that were discussed in the hearing will need to be shut down, said City Manager Christopher McGuire.

In occupying them after having changed their use from single-family to congregate, prior to clearing them through life-safety inspections, Germany “put the cart way in front of the horse,” McGuire said.

One of their deficiencies is lack of sprinkler systems, according to McGuire.

There are also too many occupants, officials said.

“I personally feel for him,” McGuire said.

His cause and intentions are “noble,” and there’s a need for the services he’s trying to provide, the manager said.

“But ignorance of the law is no defense,” McGuire said.

Nevertheless, he’s reluctant to put the residents of the homes “on the street,” he said.

He’d thus like to get them into another, legally operating recovery house somewhere, he said.

“I’m willing to work with him,” McGuire said.

The push for the life-safety inspections is being driven by last year’s rash of fires, including fatal fires — especially one in which a disabled resident died, McGuire said.

It’s a “hot-button topic,” McGuire said. “But you can’t cut corners when you’re talking about people’s safety.”

Mirror Staff Writer William Kibler is at 814-949-7038.

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