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By Kent Larsen
Lexington KY to Settle with LDS Church in Zoning Dispute
LEXINGTON, KENTUCKY -- Lawyers for Lexington, Kentucky faced with a
court hearing to determine damages due to the LDS Church, have
proposed a settlement which would give the Church the parking it
sought and $90,000. The dispute comes because a local zoning board
refused permission for the Church to increase the size of the parking
lot for a chapel adjacent to the University of Kentucky.
The Lexington Fayette County Board of Adjustment twice denied LDS
Church petitions to allow construction of additional parking spaces
for its 24,000-square-foot chapel, the only rejections recorded among
the 74 petitions by churches to increase parking since 1987. Because
of the second denial in 1998, the LDS Church filed a lawsuit,
claiming that the board had ruled against the Church solely because
of religion.
In a June 2000 decision, Fayette Circuit Court Judge John Adams ruled
for the Church. "The court has no hesitation to find that the church
was treated differently and was treated as such because of their
religious beliefs. [The city] offers no genuine interest, compelling
or rational, that would indicate it acted in any way other than to
discriminate against the church because of (its) religious
affiliation."
The court was about to begin hearing evidence on the damages due last
Thursday when city lawyers said they had a possible settlement. The
proposed settlement, which still must be accepted by the parties,
would give the Church $90,000 and allow it to construct the
additional 46 parking stalls it sought, in addition to the 130
already in the building's parking lot.
If approved, the settlement will mark the end of a long effort to
solve an increasing parking need. The Church has owned the property
since before 1972, when a portion of the land it owned was donated to
the University of Kentucky for a thoroughfare to the campus. The
chapel is located in a post neighborhood of homes costing in excess
of $250,000 each.
After first being rejected for 30 additional spaces, the LDS Church
tried and considered several options. It purchased a neighboring home
for $375,000, with the aim of leveling it for parking, but neighbors
objected, and the Church dropped it. Local leaders even considered
finding additional parking several blocks away, but rejected that
idea as impractical. Even moving to another location is impractical,
since it would not only cost about $2.8 million, but require a zoning
variance, since county zoning laws limit Churches to 10,000 square
feet.
In spite of the ruling, board members maintain that religion had no
part in their decision to reject the Church's petition. Board
chairwoman Martha Jenkins claimed that the decision was because the
chapel was hemmed in on all sides, and has no good place to expand.
LDS Church officials did not comment for the Lexington
Herald-Leader's story on the lawsuit.
Source:
City moves to end parking fight
Lexington KY Herald-Leader 27Jan01 T1
By Louise Taylor: Herald-Leader Staff Writer
Lawyers negotiating $90,000 settlement with Mormon church
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