Church: Not in that neighborhood

HAYDEN — After almost a year of public meetings, a conditional use permit that carried with it the fear of a federal lawsuit was unanimously denied Thursday by the Kootenai County commissioners. 

CUP19-0004, applied for by the Hayden Lake Seventh-day Adventist Church and Upper Columbia Corporation of Seventh Day Adventist, would have allowed construction of a 42,000-square-foot place of worship and private school on a 10-acre parcel in the agricultural zone on Lancaster and Rimrock Road.

Since the permit's first public hearing last September, the application has been through the wringer. Denied twice by Kootenai County hearing examiner Joan Woodward, the case became contentious after community development director David Callahan discovered that denying the permit could violate the Religious Land Use Institutionalized Persons Act. 

RLUIPA, a federal law enacted in 2000, prohibits government zoning regulations from substantially burdening the religious exercise of churches, assemblies, or institutions. By code, the application's denial could only be permitted if there was a compelling governmental interest and could be resolved through the least restrictive means available. 

Commissioner Chris Fillios said he seriously considered whether or not the county would be at risk for imposing a substantial burden on the church's freedom of worship. Based on his evaluation, a denial would not. 

"The church already has a facility. That facility is located on essentially the same size lot," Fillios said. "When I listened to the testimony, I didn't hear anything as to why the current site isn't being used and considered for expansion." 

Just a few miles up the street, the Hayden Lake Seventh-day Adventist Church is currently worshipping in a 10-acre Government Way building. Throughout the hearing process, church proponents like Pastor David Morgan said the current facility no longer meets the congregation's needs, won't allow for an agricultural curriculum, and would be more costly to renovate. 

Fillios also noted a comment made by one of the church's consultants, Sandra Young, who referred to the Kootenai County Comprehensive Plan as an "umbrella document" that should guide rather than force commissioner decisions. During one of the previous public hearings, Fillios referenced Young's statement that the parcel in question was not prime agricultural land real estate. Fillios and Commissioner Leslie Duncan disagreed with that.

"I did not feel like the conditions were met," Duncan said. "This proposal is not compatible with existing homes, businesses, neighborhoods, or the natural characteristics of the area."

She and Commissioner Bill Brooks also said their decision was not to restrict the church's religious worship or cause them undue burdens.

"When the vast majority of the neighbors point out different reasons why that particular project doesn't fit their neighborhood, I have to agree," Brooks said. "I know this board well enough to know that there is not a person here who wants to infringe anyone's right to practice their religion. It's really not a consideration."