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EDWARDSVILLE &ndash; Catholic Social Services has lost a court challenge of a ruling that denied a zoning variance for a veterans housing complex at the former St. Hedwig&rsquo;s Church property, but the decision won&rsquo;t scuttle the project, an attorney for the agency said.
The state Commonwealth Court on Thursday said the Edwardsville Zoning Board acted properly when it denied the variance for the proposed complex, which straddles land located in Edwardsville and Kingston. 
The ruling means CSS cannot build on any portion of the complex on property that is located in Edwardsville. It is permitted to build on the land that is located in Kingston, which approved the project in 2009, said Jamie Hailstone, attorney for the CSS.
Hailstone said CSS had initially planned to build a 30-unit complex, but the court ruling means it will now have to be reduced to 14 units, all of which will be located in Kingston.
&ldquo;We&rsquo;re still going ahead with the project, just on a smaller scale,&rdquo; Hailstone said.
 The proposed project would cater to war veterans, including some with disabilities, and their families. It generated controversy among residents of Edwardsville, who expressed concerns at a zoning hearing in May 2009 that it would house persons with psychological and/or substance abuse problems.
The Edwardsville zoning board denied the request for a variance, which was required because multi-family units are not permitted in a residential district. The board determined CSS had failed to meet the requirements for a variance, which state the applicant must show it would suffer an unnecessary hardship.
CSS appealed that ruling to Luzerne County Court, which upheld the board&rsquo;s decision. The agency then appealed to Commonwealth Court.
In its ruling, the Commonwealth Court agreed that CSS had not met the standard set for obtaining a variance. The court noted that to establish a hardship the applicant must show there was no other use for the property or conforming the property to a permitted use would be cost-prohibitive.
In this case, the court stated an official from CSS had testified the agency could locate the complex solely within Kingston, which does permit multi-family units in a residential district, but opted not to do so for &ldquo;aesthetic reasons.&rdquo;
&ldquo;An applicant seeking a variance must demonstrate that an unnecessary hardship will result in the variance is denied ... CSS clearly did not meet its burden,&rdquo; the court said.

After Ruling, Agency Will Scale Back Veterans Project, Attorney Says