All's Well Ends Well in Church Windows Controversy
By Carolyn Schuk
Christmas finally came in April for Our Mother of Perpetual Oratory when the church got the go-ahead from the City Planning Department to install its new stained glass windows, warehoused since November.
"The results of many prayers and much hard practical work and hard negotiations have led to this successful outcome," says church representative Patrick Clark. "It has been a lengthy process that has now come to a successful conclusion."
The dispute illustrates that historic preservation questions are anything but simple to decide.
Last year, the church commissioned new stained glass windows to replace the plain glass ones in its century-old building on Monroe Street. Church representatives have said that their understanding from earlier conversations with Planning Department staff was that they were free to replace the windows.
However, although the church isn't changing the shape of the windows, because they are replacing the entire window – frames, glass and munions (cross pieces) – the City held that this significantly changed the structure. When work commenced in November, the City issued a Violation and asked the church to file an application to make changes to the historic property.
The church's view is that its actions are exempt from regulation. This is based on state law that allows religious organization some exemption from historical and landmark regulations, if satisfying them presents excessive hardship or impedes free exercise of religion.
"The City decided that pursuing restoration of the windows as they were prior to this work would likely not have resolved the disagreement in the best interest of the community," explained Deputy City Manager Carol McCarthy, in an email.
"Given that the various and specific laws concerning applicability of law upon religious entities are the subject of discussion and debate throughout the State, and further, that research indicates that the windows of concern cannot be determined to be the original windows for this structure, the City decided to approach members of the Church to work toward a solution."
The agreement allows Our Mother of Perpetual Help to install the stained glass windows, but requires the church to save and reinstall the old windows and muntins if the current congregation ever moves out.
"I'm really pleased we were able to work together for a satisfactory solution for both parties," says City Planner Carol Ann Painter.
The church expects to finish the work by early June – adding a new and attractive aspect for Santa Clara's Old Quad.
Carolyn Schuk can be reached at cschuk@earthlink.net.