Church denied zoning permit
http://www.allbusiness.com/legal/property-law-real-property-zoning-land-use-planning/12679612-1.html________________________
________________________
_______________________
The East Baton Rouge Parish Planning and Zoning Commission on Monday rejected South Baton Rouge Presbyterian Church's request for a zoning permit to build a new church on the north side of Oliphant Road east of Bluebonnet Boulevard.
Several neighborhood residents, including Metro Councilwoman Alison Cascio and representatives of four local homeowners associations, spoke against the proposed conditional use permit.
The Planning and Zoning Commission staff also recommended denying the permit, saying the proposed project was not in line with the urban design district created with the Bluebonnet Boulevard extension.
Neighbors' main objections included safety and quality of life issues stemming from the added vehicle traffic; the impact of a church on property values; and that the church didn't really fit in with single-family residential neighborhoods.
Cascio said she had nothing against the church and that it and its members had been a joy to work with even though she was upfront about opposing their request.
Cascio said she was at the meeting to speak in favor of the planning process and to remind commission members of how much the area residents had compromised in seeing Bluebonnet cut through their neighborhoods.
She said that residents worked closely with the council to work out limitations on commercial and residential development during the creation of the urban design district and that changing those agreements would be wrong.
Andrew Voelkel, associate pastor of the church, admitted the church would bring more traffic, mainly on Sunday mornings. However, he said the traffic signal on Oliphant would be adjusted to ease congestion following church service on Sundays.
In addition, the church was willing to pay impact fees for the affect the additional traffic would have on the road, he said. The church would also remind members to obey the traffic laws and park only on the church grounds.
Voelkel added that the church's members do pay taxes that support road work as well.
The church did not realize that the waiver contradicted the current zoning's use, Voelkel said. The church was a little naïve in coming into the process, and members didn't realize how much the surrounding neighborhoods had been affected by the Bluebonnet extension and the resulting commercial development, he said.
Voelkel said the church would abide by the Planning and Zoning Commission's decision; part of being a good neighbor and serving others is abiding by their wishes.
Commission member Ervie Ellender said he lives just two doors down from a church and it is a great neighbor.
Ellender said it's a shame, but if neighbors don't want a church in their subdivision, that is their right. He offered the motion to deny the permit.
Commission members Kathleen Callaghan and Frank Muscarello also voted to deny the permit. Members Tara Wicker, Audrey Nabors Jackson and Laurie Marien voted against denying the permit. The latter three had supported a substitute motion to grant the permit. The substitute motion failed.
In other action, the commission rejected Joseph Bergeron III's request to subdivide his three-acre property on Pecue Lane south of the intersection of Pecue Lane and Perkins Road into four lots and build houses on them.
Bergeron said he wanted to build million-dollar homes on three of the lots and keep the fourth lot for himself.
William Dimattia, a Pecue Lane resident, was among half a dozen opponents of the plan. Dimattia said the proposal had been rejected on three other occasions. He and other residents said the proposal would hurt their property values and result in a domino effect, with other lots being subdivided.
Ellender said he didn't see anything about the proposal that would be for the greater good as only one person would benefit.
© Copyright 2010 LexisNexis. All rights reserved.
© Copyright 2009 Capital City Press All Rights Reserved
________________________
________________________
______________
hhhhmmmm 240?? ? ?? ?? ?? ??