San Antonio Express-News - Deaf Seminarians Close to Getting OK for House

June 4, 2008

By Colin McDonald, Express-News, San Antonio, TX

After two failed attempts, Father Tom Coughlin and his house in Castle Hills dedicated to supporting deaf seminarians now has the approval of the city's zoning commission, by a vote of 4-1.

The zoning board's recommendation now goes to the City Council on June 10 for final approval.

On Tuesday night, Coughlin made his third presentation to the city for a special use permit. He needs the permit because he wants to continue using the 8,100-square-foot house, which has nine bedrooms and bathrooms, as a home for eight unrelated men while they attend classes to become Catholic priests.

The current city ordinance allows up to five unrelated people to live in one residence.

The zoning commission and City Council both voted against Coughlin's previous requests, citing the city rules.

I'm grateful the zoning commission was willing to listen and change their votes, Coughlin said through an interpreter. I know that was not easy.

For the past six months, Coughlin's home in the 100 block of Honeysuckle Lane has operated as he intended, and his immediate neighbors have overwhelmingly voiced their support for his intentions, calling him a model neighbor.

Barbara Johnson, who lives two doors away from Coughlin, asked 35 of the surrounding neighbors to sign a petition in support of him. Of those, 27 were in support, two did not wish to take a position and six were opposed.

These are the families that will be directly affected by them, Johnson said. We should be considered.

Johnson's support was met with applause. But the louder recognition came after Robbie Casey spoke.

Her main argument is that Castle Hills is a single-family-residence community and should stay as such. Further, Coughlin's exemption from the city tax roll was wrong.

Why should they not have to pay taxes? she asked. Why do you want to take the city down?

For Coughlin's third attempt, he came with the support of Larry Crain, a lawyer with the American Center for Law and Justice who specializes in the land use rights of religious organizations.

Crain spoke to Casey's concern by saying the benefit to society Coughlin provided by helping the deaf become priests was more valuable than anything they could pay in taxes.

Crain's argument to the commission was that any city ordinance in any city in Texas had to comply with the Texas Community Homes for Disabled Persons Location Act, the Fair Housing Act, the Texas Religious Freedom Restoration Act and the U.S. Religious Land Use and Institutionalized Act.

In addition, Coughlin's use of his home to support both religious purposes and help for the disabled made his case easy to defend. Crain advised the commissioners a change in their vote would be a way to avoid the costly litigation that would follow if they did not.

Coughlin said he is hopeful the City Council will support his efforts with a vote in favor of his special use permit at the June 10 meeting. The council usually follows the recommendations of the zoning commission.

I just want to live in peace, Coughlin said.