Department of Justice Investigates Lilburn Mosque Controversy

The U.S. Department of Justice launched a civil rights investigation of the Lilburn mosque controversy that began when the Lilburn City Council voted 4 to 0 to deny a rezoning request by the local Muslim congregation of Dar-E-Abbas for a 20,000-square-foot mosque, cemetery and gymnasium on about 8 acres at U.S. 29 and Hood Road

Channel 2 investigative reporter Mark Winne confirmed that the U.S. Department of Justice Civil Rights Division is investigating the city of Lilburn’s treatment of a local mosque seeking to expand.

. . .

The U.S. Department of Justice Civil Rights Division issued a statement to Channel 2 saying “The department has an ongoing investigation and declines further comment.”. . .

[Attorney for the Mosque] said one of four things could result from the DOJ investigation:

–DOJ could do nothing

–DOJ could intervene as a party in a current lawsuit

–DOJ could file a friend of the court brief

–DOJ could file it’s own lawsuit

 

 

Lilburn City Council Deadlocked On Proposed Mosque

Following a unanimous denial by its Planning Commission, the Lilburn City Council deadlocked at 2 in favor and 2 opposed to the rezoning request that would have allowed Dar-E-Abbas to construct a 20,000-square-foot mosque on four acres at U.S. 29 and Hood Road.  The tie vote equals a denial and rejection of the rezoning application.

The issue will now proceed back to federal court for a judge to decide.

Lilburn Planning Commission Rejects Mosque

Citing feasibility, the Lilburn Planning Commission voted 4-0 to recommend denial of the rezoning request by Dar-E-Abbas for a 20,000-square-foot mosque on four acres at U.S. 29 and Hood Road.  According to the AJC, the Planning Commission members took issue with everything from buffers and parking to the potential for noise and water runoff.

“This board does not change zoning on the flip of a coin,” Commissioner Mike Hart told more than 70 residents at city hall. “We have to change zoning understanding that the project will work, and this site plan doesn’t communicate that this project will work.”

“All of the discussion about compliance with traffic and hydraulics and buffers and setbacks can be dealt with in the permitting stage,” Dillard said. “The bottom line is, by denying it, they are still taking away the constitutional right that this congregation has to worship in free and peaceful assembly and that’s wrong, and I’m very disappointed in the planning commission.”

The rezoning application and the Planning Commission recommendation now head to the City Council for a final vote.

This recent Planning Commission decision is the latest in a yearlong dispute over the planned Mosque.  In November 2009, the Lilburn City Council denied a similar rezoning request sought Dar-E-Abbas, which led to  a federal religious discrimination lawsuit against the city.  The lawsuit is on hold through January.

Gwinnett County Commissioner Kevin Kenerly Voluntarily Suspends Himself

Without officially resigning, embattled Gwinnett County Commissioner Kevin Kenerly voluntarily suspended himself until the charges have been resolved or until Kenerly’s term ends at the end of December.   Kenerly is under indictment for allegedly accepting $1 million in bribes related to County land purchases and failing to disclose a relationship with a private developer seeking rezoning from the County.

Kenerly was facing increasing criticism from voters.

“That’s what he needed to do,” said Steve Ramey of the Founding Fathers Tea Party Patriots. “He should have done it a long time ago.”

James Bell,  co-founder of the Georgia Taxpayers Alliance, said Kenerly’s presence on the commission was a distraction.

“I can’t say I’m happy, but I’m pleased,” he said. “Kenerly did the right thing in stepping down.”

Fellow alliance member Ron Williams agreed.

“I think it was a little late,” he said, “but it was the right thing to do.”

 

Suwanee Wants To Use Zoning To Prevent “Gas-Station Gateway”

The AJC reports that Suwanee wants the last 4 acre residential holdout in the Suwanee Gateway on four-lane Lawrenceville-Suwanee Road to be preserved as park land to save  old oak trees and project a positive image for the commercial corridor off I-85.   The problem, Suwanee does not have any intention to purchase the property.  Instead, Suwanee development staff  recommend denying a rezoning application and special use permit for the property that would allow a gas station and car wash.  Such action would require the elderly owners to permanently maintain the property as residential, even though they no longer live there.

Attorney Michael Sullivan, who represents QuikTrip seeking the rezoning said:

“It’s unfair for this city to designate land as a park if the city has no intention of purchasing it,” Sullivan said. “All that does is force an elderly couple to pay taxes and maintenance on land they don’t have the benefit of living on.”

While city staff oppose the rezoning, Mayor Dave Williams supports rezoning of the property, but has not made a decision on the special-use permit to allow the car wash.

“Whenever you have a rezoning, there are going to be some people opposed to any change,” Williams said. “In this case, the people objecting want it to remain exactly as it is today but aren’t interested in buying the property to protect it. That is a solution I would welcome.”

Judge Sides With Holy Spirit Prep And Against Neighbors

In 2008, City of Sandy Springs rezoned 8 acres of land near the intersection of Long Island and Lake Forrest drives to allow Holy Spirit Preparatory School to build a football and soccer stadium and a school administrative building.  Long Island Neighborhoods Coalition sued opposing the rezoning and the construction.

Last week, Fulton County Superior Court Judge Kimberly Esmond Adams upheld the City’s rezoning and dismissed the neighborhood’s complaint.  The neighborhood has 30 days to seek an appeal.

Atlanta Approves New Zoning For Buckhead Village

Atlanta City Council approved a new zoning ordinance (SPI-9) for Buckhead covering a significant part of the Buckhead commercial area generally west of Piedmont Avenue and north of Pharr Road.

According to the Buckhead Community Improvement District, the new zoning ordinance positions Buckhead to become “a more walkable, urban community enriched with public art and parks, wide sidewalks, greenspace, transportation options, and outdoor dining, all designed to have international appeal.”  The ordinance defines street treatments, facades, sidewalk widths, signage, greenspace, and other public elements intended to create a cohesive feel to the community and help developers position their developments with consideration of public space.

You can review the approved ordinance here.

Cabbagegate . . .

DeKalb County is suing Steve Miller from Clarkeston for growing too many vegetables on his 2-acres on Cimarron Drive.  The County seeks more than $5,000 in fines for code violations for growing too many crops for the zoning and having unpermitted employees on site.  Mr. Miller successfully rezoned his property to allow him to continue his fifteen year local farming, but the County wants its money and will face off with Mr. Miller later this month in Court.

Mr. Miller plans to fight the County and his neighbors have rallied around him.

“When he moved here and I found out what he was doing I said, ‘Steve, you’re the best thing that ever happened to Cimarron Drive. And I still say that,” said neighbor Britt Fayssoux.

Lilburn Mosque Proposal Part Of Nationwide Controversy

From Wisconsin, Tennessee to New York, other communities across the country are in heated controversies over proposed mosques – just like Lilburn.  Religious schools, universities and campuses have long faced questioning and even challenging neighbors when planning a new project – parking, traffic, noise, even football stadium lighting are typical voiced concerns.  But, the recent controversies challenge the purpose of the proposed development – Islam itself.

In Lilburn, the City Council denied a rezoning request by the local Muslim congregation of Dar-E-Abbas for a 20,000-square-foot mosque, cemetery and gymnasium on about 8 acres at U.S. 29 and Hood Road.  The mosque filed a lawsuit appealing the denial.  However, the Court stayed the litigation at the request of both sides in January.

Sandy Springs Conditionally Approves Rezoning For Church Of Scientology

Sandy Springs Mayor Eva Galambos cast the tie-breaking vote approving rezoning of Church of Scientology’s property at 5395 Roswell Road, but at 12,000 square feet less than the church wanted.

The rezoning allows the church use of 32,053 existing square feet in the former realty office at the corner of Glenridge Drive, but was not what the church wanted.  The church wanted to convert a 43,916 square feet underground, 30-car parking lot for its sanctuary.  Neighbors and city staff opposed enclosure of the underground parking lot on the basis that the church could not provide the requisite number of parking spaces for the larger space.

“The 32,000-square foot limit wouldn’t work for the church and the rights they have for religious exercises,” church attorney Woody Galloway said during his rebuttal of opposition speakers. “It would hamper them to the point they couldn’t use the site. 32,000 square feet is not at all acceptable.”

The applicant has a “great need” for space, Galloway said, a characteristic of Scientology which was at the heart of the debate.

On the one hand, the owner is a religious entity, and other churches in Sandy Springs have lower parking ratios.

“You cannot discriminate on the basis of religion. It’s what this country was founded on,” Galloway said.

However, city Department of Community Development staff determined the way the space is used is more like an office building or a community college and calculated its parking needs accordingly.

“The applicant said it is a non-traditional church with a main focus on smaller meeting rooms,” said opposition attorney Brian Daughdrill of northwest Atlanta law firm Roberts and Daughdrill. “It was appropriate for staff to analyze it as they did.”