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<br />June 14. 2005
<br />
<br />"Y The following is a statement from Councilman Whitehurst:
<br />
<br />While I do not profess to be an attorney, I reviewed an Internet resource offered by the
<br />Becket Fund for Religious Liberty and found no compelling evidence to suggest that
<br />denial of a use permit to restore a building presently in a taxable status located at 812
<br />Washington Street would violate the Religious Land Use and Institutionalized Persons
<br />Act.
<br />
<br />Over the past six years [since 1999] the City Council has denied granting both land and
<br />building usages to either construct buildings and/or to use buildings as a church on
<br />seven occasions in that regulations require a minimum of two acres - note that this also
<br />applies to other non-profit organizations as well.
<br />
<br />UP-98-18 Cradock Neighborhood Denied 7-0 [January 12, 1998] Benn, Griffin, Moody,
<br />Pitts, Robinett, Whitehurst, and Holley; Nays none
<br />
<br />UP-01-04 Port Norfolk Neighborhood Denied 7-0 [March 13, 2001] Benn, Griffin,
<br />Moody, Pitts, Robinett, Whitehurst, and Holley; Nays none
<br />
<br />UP-01-02 Prentis Place Neighborhood Denied 7-0 [May 8, 2001] Benn, Griffin, Moody,
<br />Pitts, Robinett, Whitehurst, and Holley; Nays none
<br />
<br />UP-01-15 Westhaven Neighborhood Denied 6-0 [October 8, 2001] Benn, Griffin, Moody,
<br />Pitts, Whitehurst, and Holley; Nays none
<br />
<br />UP-02-26 Cedarfield Neighborhood Denied 5-2 [December 10, 2002] Benn, Griffin,
<br />Moody, Randall. Whitehurst; Nays Pitts and Holley
<br />
<br />UP-04-10 Westhaven Neighborhood Denied 7-0 [July 13, 2004] Heretick, Moody,
<br />Psi mas, Randall. Smith, Whitehurst and Holley; Nays none
<br />
<br />UP-04-11 Prentis Park/Brighton Neighborhood Denied 7-0 [Mar 22,2005] Heretick,
<br />Moody, Psi mas, Randall. Smith, Whitehurst and Holley; Nays none
<br />
<br />The City Council has steadfastly applied the two-acre requirement and more recently
<br />took an additional step to require staff to search for land that met the two-acre minimum
<br />for Rev Lang. And in doing so, this will displace a non-profit group of long standing with
<br />political ties that has occupied a structure located thereon for more than 20 to 25 years.
<br />
<br />Let me disclose at this point that the City Attorney in his June 9th letter to City Council in
<br />note #1 (in small print) wrote:
<br />"The property lost its religious tax exemption and had become taxable because of non-
<br />use for religious purposes. The City has a policy of refusing to process zoning
<br />applications on tax-delinquent properties".
<br />
<br />Further, he wrote in note #2 of the same document:
<br />"It may also be added in 1993, the Planning Commission adopted policy Guidelines for
<br />Certain Membership Organizations, Religious Institutions and Certain Membership
<br />Organizations, policy guidelines:
<br />
<br />-Locate away from Activity Centers
<br />-Should be developed as infill in multi-family areas
<br />-Two-acre site
<br />-Not be in a commercial zone
<br />-No common walls
<br />
<br />I understand that the two-area request has never been used for downtown sites and
<br />staff treats its use is intended for suburban sites (even though it is not so limited in
<br />expressed terms). Regardless of how these guidelines have been used by the Planning
<br />Commission, they are not binding on City Council since they are not in the City Code
<br />and were adopted by an inferior body."
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