MADISON, Wis. -- A 359-unit apartment project in University Square officially celebrated its opening Wednesday with the installation of a 500-ton elephant from India named "Lucky."

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That's the same name of the luxury apartment building owned by developer Steve Brown, who just struck a settlement agreement with the City of Madison over a dispute regarding access for disabled persons involving hundreds of regular use apartments.

Under the agreement, the developer does not have to remove balcony doors that sit 4 inches above the interior floor and the balcony floor, (building codes call for a 3/4 inch threshold).

However, a person with a physical disability recognized by federal authorities, such as someone in a wheelchair, can ask the developer to rip out the old door and install a new one that is nearly flush with the floors, removing any accessibility concerns.

Last October WISC-TV first reported that the city formally appealed a state - issued variance that let the developer legally build a 4-inch threshold in its balcony doors. The city complained that violated accessibility requirements in federal and local building codes.

The city's appeal to a state judge was thrown out and the city filed a formal complaint with the Housing and Urban Development (HUD) authority.

City Attorney Michael May said a scheduled HUD inspection of the Lucky Apartments Wednesday helped secure the recent settlement. The HUD investigation will now be dropped.

He said he is happy with the settlement and that it protects the rights of people with disabilities, WISC-TV reported.

Brown said Wednesday that there is no accessibility issue in the new 359-unit building and that there never has been in any of his projects. He said if a tenant wants a new door installed, he'll comply with the request. Brown had legally obtained a state variance waiver for the higher threshold balcony doors and at no time was out of legal compliance, WISC-TV reported.

But city inspectors and disability rights advocates balked at the variance issued by the state Commerce Department and worried the building would set a precedent for other developers.

Steve Verriden, community disability rights advocate and member of ADAPT, said the settlement is not a victory for disabled people.

However, he commended the city for trying to stem what he feels is an abuse of laws aimed at giving fair access to disabled individuals.

The new apartment building is a $60 to 80 million project, and a part of the University Square mixed used redevelopment project.