Rush Township's zoning officer Bill McMullen was correct when he ordered a Frankford Avenue resident to stop a building project, according to the township's zoning hearing board.

Bruce and Doris Hosler had appealed McMullen's "cease and desist" order to the board, which heard the case during a meeting Tuesday. The board upheld McMullen's decision.McMullen had issued a notice of violation to the Hoslers in July on two issues. First, he said that the Hoslers were conducting a business from the home, namely the sale of lawn and garden equipment. The Hoslers have stopped conducting the business.Second, he said a deck was being constructed on the parcel without the Hoslers first obtaining the required zoning permits: a Rush Township zoning permit and a Uniform Construction Code permit.In August, the Hoslers submitted a zoning permit application to repair an existing porch, stating the dimensions as 10 feet by 16 feet. McMullen denied the application for four reasons: the Hoslers had started the work without the required permit; work continued after McMullen issued the notice of violation; Schuylkill County records indicate that the original porch size is 7 feet by 14 feet; and the enlargement of a deck, patio or porch requires a uniform construction permit application in addition to the Rush Township zoning permit application.The Hoslers had submitted the Rush Township zoning permit application but not the UCC permit application.The Hoslers appealed McMullen's denial of their zoning permit application. During the meeting Monday, the board upheld McMullen's decision. The Hoslers can appeal the matter to the county Court of Common Pleas or they can add a UCC permit application to their Rush Township zoning permit application, which will cost them about $100. Their cost to file the appeal was $300.In a separate matter, the zoning hearing board approved the application for a variance by Michael and Ashley Brennan of Lake Hauto. The Brennans have a vacant lot at the corner of Lake and Crescent drives in Lake Hauto and plan to build a house. They sought relief from the corner lot restrictions on the front line setback.The proposed plot plan would place the home in a position on the lot which is most beneficial for water drainage from the property, according to statements from the project's excavator and builder. The Brennans' plan had already been approved by the Lake Hauto Club house plans committee. Several of the Brennans' future neighbors attended in support of their venture.