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Coconut Grove
Property vs.
Religious Rights
City board denies permit to
Buddhist ‘temple’
By Stephanie Rodriguez
The Miami Zoning Board unanimously denied a Buddhist congregation a
permit that would have allowed it to operate in a
Coconut Grove residential area, during a Feb. 28
meeting.
The rejection came after representatives of the Zab Sang Institute
failed to resolve disputes with some of their neighbors
regarding parking and safety.
The Zab Sang Institute, run by Master Chufi Tsai, operates in a
house at
3570 Main Highway
on a cul-de-sac shared with six other homes. Some
homeowners there complained that congregants parked
their cars on the narrow 20-foot street, occasionally
even blocking their driveways.
“It becomes a nuisance when people aren’t parking correctly,”
neighbor Annette Pichardo told board members. “They’re
parking anywhere and I can only get to my house down
that small road. God forbid there was a fire.”
Tsai’s attorney, Lucia Dougherty, argued that it was her client’s
First Amendment right to operate. But board member
Cornelius Shiver countered that the property
rights of the neighbors are also important. “It’s part
of the deed,” he said.
However, Dougherty distributed letters from three of the six
neighbors who support the permit. “There is also
one neighbor who is out of town and the other one is
deceased,” she said. “The only neighbors who have a
problem with it are the Pichardos.”
Dougherty told board members that Master Tsai would do anything to
prohibit people from parking illegally.
“We have made an arrangement with Tremont Towing,” she said. “If
Master Tsai or any neighbor wishes, they can call them
and the cars would get towed. They would charge the
people who are parked illegally and not the residents.”
However, board member Jorge Lopez said the Zab Sang Institute
imposes hardships on all its neighbors.
“It’s an intrusion if someone parks on your front lawn,” he said.
Dougherty suggested that additional parking be created on the
street. Board member Ron Cordon rejected that idea. “I
don’t think additional parking should be allowed on
Main Highway,”
he said. “What we’re looking at here is if this will
negatively impact the neighborhood and it is something
we should not support.”
Though the board agreed to reject a special exception permit, some
members second-guessed their decision.
“I think it would be fitting to exempt these people,” board member
Miguel Gabela said. “I have heard testimonies about how
the institution has helped people and it touched my
heart.
“I think we should give them the special exception; we don’t want a
lawsuit on our hands,” he said.
Shiver told board members that the issue was not infringing on
constitutional rights and that members should not base
their decisions on the possibility of lawsuits.
“I’ve seen churches not built because they can’t. They just can’t
be built anywhere,” he said. “There are codes and laws
that we also need to follow. Property rights are one of
them.” |
