HomeMy WebLinkAboutR-2004-039 VA-88-03 Gospel of Christ Variance RESOLUTION NO. 2004- 039
76, A RESOLUTION OF THE CITY OF DANIA BEACH, APPROVING THE
VARIANCE REQUEST SUBMITTED BY PASTOR TORREY PHILLIPS,
REPRESENTING GOSPEL OF CHRIST CHURCH, FROM CHAPTER 28,
ARTICLE 6, "OFF-STREET PARKING REQUIREMENTS", FOR
PROPERTY LOCATED AT 35 SW 1 AVENUE, DANIA BEACH;
PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, Article 6, sets the
Off-Street Parking requirements for the City of Dania Beach; and
WHEREAS, Pastor Torrey Phillips, representing the Gospel of Christ Church, has
applied for a variance (VA-88-03) to allow a variance from parking requirements
associated with the operation of an auditorium, meeting room or chapel to provide 5
parking spaces where 25 spaces are required, for property located at 35 SW 1 Avenue,
Dania Beach; and
® WHEREAS, the recommendation to approve variance request VA-88-03 failed
before the Planning & Zoning Board on February 18, 2004, based upon the criteria set
forth in section 10.13 of Article 10, of Chapter 28, Zoning, of the Code of Ordinances of the
City of Dania Beach;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA:
Section 1. That that certain application VA-88-03,for a variance as described above
(from requirements in Chapter 28, Article 6 Off-Street Parking Requirements), a copy of
which is attached as Exhibit "A" is approved, for a period of six months, subject to the
following conditions:
_ D
VA-88-03 1 RESOLUTION NO. 2004- 039
i
1) The variance is only in effect on Sundays and one weeknight;
2) The City of Dania Beach public safety officials will determine which weeknight the
variance would be effective; and
3) If renewed, the City Commission would waive the renewal fee.
Section 2 . That all resolutions or parts of resolutions in conflict with this resolution
are repealed to the extent of such conflict.
Section 3. That this resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED AND ADOPTED THIS 24T" DAY OF FEBRUARY, 2004.
ABANY*ON
MAYOR — CO MISSIONER
ATTEST: ROLL CALL:
COMMISSIONER CHUNN - YES
® � COMMISSIONER FLURY - YES
MIIRIAM NASSER COMMISSIONER MIKES - YES
ACTING CITY CLERK VICE-MAYOR MCELYEA - YES
MAYOR ANTON- YES
APPROVED AS TO FC RM AND CORRECTNESS:
BY: J
THOMAS J. ANSBRO
CITY ATTORNEY
a;
VA-88-03 2 RESOLUTION NO. 2004- 039
City of Dania Beach, Florida
Department of.Community Development
Planning and Zoning Division
• (954)924-3645
Development Application
❑ Assignment of Flex/Reserve Units
❑ Delegation Request D EC ` 1 2003
❑ land Use Change
❑ Outdoor Seating
❑ Plat
❑ Rezoning Date Rec'd:
❑ Site Plan
❑ Special Exception Petition No.:
❑ Special Request
❑ Trafticway Waiver
5/Var lance
❑ Vacation Request
❑ Other
This application must be completed in full and submitted along with all necessary documents for It to be
processed. THIS APPLICANT WILL NOT BE PLACED ON A BOARD OR COMMISSION'S AGENDA
UNTIL IT IS COMPLETE. Refer to the "Application Type" and "Required Documentation" checklist to
determine the supplemental documents required with each application. STAFF WILL PROVIDE THE
APPROPRIATE CHECKLIST FOR EACH TYPE OF APPLICATION. All required exhibits must be collated In
individual sets. Full sized plans submitted shall be signed and sealed by an architect registered in the
State of Florida, and other appropriate design professionals. The applicant of record or their authorized
legal agent shall present projects to the pertinent board.
For after the fact applications, the responsible contractor of record shall be present at the board hearing.
Their failure to attend may Impact upon the disposition of your application. Once placed on an agenda,
the applicant or their authorized legal agent must be present at all meetings.
Location Address:_ 3 5 5W IS f f ,
Lot(s): AIR Block: Subdivision:
Recorded Plat Name:
Folio Number(s): ' 504a-Sy-p 1-S, Q t Legal Description:
D LOT t l� b��?-�-
Present Zoning: Present Land Use: Explanation of Request:
Prop. Net Acreage: Gross Acreage: Prop. Square Footage:
Value of Improvement: Est'd Date of Completion:
Will Project be Phased: If yes, Est'd Completion of each Phase:
Existing Use: 1.40ASE CP LAXW.Sk1P Proposed Use: 1 d OMIE OF W(TRL"110
Nam �pplicannsultant/Representative(circle one): &08n1 Cc- GIAWT
Address of Applicant: g S 5z k(:;.-r OfAN%
• Business Telephone- PS4 G2t-"10 Home: q5'-1 Fax: q21-704 3
Name of Property Owner:
0 C* 2 N\PS \. 3-6063i
Addres Trtperll Owner: 3 S Sw L S'C (ue amt 00 Nk K
Business Telephone: s Home:at S4-q 20- Fax:
List any additional action (i.e. special exception, variance, rezoning, etc.)that may be needed to support
the proposed project:
List all previous action that has occurred on this property:
MOTE: ALL SIGNATURES MUST BE NOTERIZED BY ORDERED OF DAN@IA BEACH CITY
COMMISSIONI.
Sworn to and subscribeed before me Applicant/Consultant/Representative:
This�_day of 0�/ 20 0 I
Signature: - Date: 11I�11-
T�� . t GO . C.
Sign Name of Notary Public (Print Name)
• State of( )
Print Name of Notary Street Address, City, State and Zip Code
Commission Expires: 01S -0/3-( - 0 0 2 - Aj -q�11o3
Seal: Telephone No. &Fax No.
WHEN PETITIONER IS NOT THE OWNER OF THE SUBJECT PROPERTY, PLEASE COMPLETE
THE FOLLOWING:
This Is to certify that I am the owner of subject lands described above and that I have authorized
(Applicant/Consultant/Representative) , to make and file the aforesaid
application.
Sworn tp and subscg�4bed efore me Owner:
This K day of RNen1 ( 200A C!1
Signature: Date:A k''�
S' of Notary Public (Print Name)
State of( )
aS ` r ��S- 35"3S
o #cc9576)0 Street Address, City, State and Zip Code
STATE OF EXPIR SEP 22 2004
1 OGH
al: Telephone No. &Fax No.
U-A40� �a}S
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_ AGENDA REQUEST FORM
CITY OF DANIA BEACH
•
AGENDA ITEM NO. •
1. DATE OF COMMISSION MEETING: FEBRUARY 24, 2004
2. DESCRIPTION OF AGENDA ITEM: VARIANCE REQUEST VA-88-03
3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION
4. SUMMARY EXPLANATION &BACKGROUND:
REQUEST BY PASTOR TORREY PHILLIPS FOR A VARIANCE FROM PARKING
REQUIREMENTS ASSOCIATED WITH THE OPERATION OF AN AUDITORIUM, MEETING ROOM
OR CHAPEL TO PROVIDE 5 PARKING SPACES, WHERE CHAPTER 28, ARTICLE 6, "OFF
STREET PARKING REQUIREMENTS" STATE THAT 25 SPACES ARE REQUIRED.
5. ATTACHED EXHIBITS AND ADDITIONAL BACKUP MATERIALS(PLEASE LIST):
STAFF REPORT
RESOLUTION
APPLICATION
CHURCH FLOOR PLAN (11"X 8 Y.")
PARKING PLAN (11"X 8 Y.")
PUBLIC HEARING NOTICE/MAILING LIST
LOCATION MAP
6. FOR PURCHASING REQUESTS ONLY: Dept: Amount: $
7. REVIEWED AND APPROVED FOR ADDITION ON AGENDA:
Submitted by:
Laurence G. Leeds,AICP, Director Date February 17,2004
Community Development Department
City Manager Date
CITY OF DANIA BEACH
DEPARTMENT OF COMMUNITY DEVELOPMENT
MEMORANDUM
DATE: February 24, 2004
TO: Ivan Pato, City Manager
FROM: Laurence Leeds, AICP, Director
Corinne Church, AICP, Principal Planner �.
SUBJECT: Request by Pastor Torrey Phillips for a variance from
parking requirements associated with the operation of
an auditorium, meeting room or chapel to provide 5
parking spaces, where Chapter 28, Article 6, ""Off
Street Parking Requirements" state that 25 spaces are
required.
Applicant wishes to use a freestanding building located directly north of
Canterbury Square for an auditorium (chapel) and offices.
This building appears to have been built for warehouse, which is consistent with
the five parking spaces provided on-site. Of these five on-site spaces, two spaces
are used exclusively to store a commercial truck. As such, there are effectively
three on-site parking spaces.
Based on the size of the chapel area and office space, 25 parking spaces are
required. Places of public assembly not having fixed seats, including assembly
halls, auditoriums, meeting halls, and chapels require 1 space for each 75 square
feet of assembly area. Office parking is based on 1 space per 250 square feet of
gross office floor area. Based on these zoning code parking requirements, 25
parking spaces are required.
STAFF RECOMMENDATION
Due to very minimal on-site parking (3-5 spaces) as compared with required
parking (25 spaces) staff cannot support the parking variance.
PLANKING AND ZONING ADVISORY BOARD RECOMMENDATION
® To be submitted at the City Commission meeting.
NOTICE OF PUBLIC HEARING
CITY OF DANIA BEACH
VA-88-03
H
C�►te�reol`
]904-2004
NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on
Tuesday, February 24, 2004, at 7:00 p.m., or as soon thereafter as possible, in the Dania Beach
City Commission Chambers, Dania Beach Administrative Center, 100 West Dania Beach Blvd.,
Dania Beach, Florida 33004, for the purpose of hearing any comments which might be made to
the following request:
Applicant: Torrey Phillips G.O.C. representing Gospel of Christ Church
Property Owner: Steven Casper
Location: 35 SW 1 st Avenue
Request by Pastor Torrey Phillips for a variance from parking requirements associated with
the operation of an auditorium, meeting room or chapel to provide 5 parking spaces, where
Chapter 28, Article 6, "Off Street Parking Requirements" state that 25 spaces are required.
Folio: 5042-34-01-3301 - Legally described as - Town of Dania PB B/Pg 49, Lot 18 Blk 22
Copies of the proposed request is available for viewing in the Community Development
Department, 100 West Dania Beach Blvd., Dania Beach, Florida between the hours of 8:00
® a.m. and 4:00 p.m., Monday — Friday please call (954) 924-3645 for more information.
Interested parties may appear at the public hearing and be heard with respect to the proposed
petition.
In accordance with the Americans With Disabilities Act, persons needing assistance to
participate in any of these proceedings should contact Miriam Nasser, Acting City Clerk, 100
W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3624, at least 48 hours prior to
meeting.
Any person who decides to appeal any decision made by the City Commission with regard to
any matter considered at this meeting or hearing will need a record of the proceedings and for
such purpose may need to ensure that a verbatim record of the proceedings is made, which
record includes the testimony and evidence upon which the appeal is to based.
Lou Ann Cunningham
Planning Associate
Publication Date: Friday, February 13, 2004
0
ment, 1Q0 W4st oanla.
Beach BIMd..Dania Beach.
Florida between the h0urs
of g 00 a rll:aAd,4:tbp di
Monday ,Fr please
cal(._(9S4),92b-3646 fOr
more;inforrnatian.'Intef-
ested partles:mby appeu
at the:pubi(d":hearing
be heardwith respeCt t4
the propcad pethfcx►•
In`accordance wlth' the
American;.:,with plsablH-
ties Act;persons,needing
assistance to'participate
In any of these proceed
ings should contact MM-1
am Nassef,;:Agtin ,C.
Clerk,1001Af 0&*'
Blvd, Danlo Beach, FL
33004,(954I 924+3624;
least 48 hours prior to
WWl=ON meetinl : ;'
PUBW JUMIM Any person who decidoa
CITY OF DAfb1A BEACH tP aPpe81. arty decWQ01i
VA 88A9• made the City Commis-1
NOTICE IS HEREBY GIVEN mattef consi Bred n d at t4i
that 4 public hgering,WW meeting or hearing wiNj
ba hold before.:the City need a record o1 the prWi
commiss Ir uesd' ce.edings.and for such puf-I
February 24,2, 'eL'7: pQ$,may'need to ensuro,
p.m:, or-as,soon thereaf that a yerbaUm record 0f
ter as possible.In'ttie Da the Proceed16 is moo.
• nts Beach City Commis-Which record Includes thq
Sian hamb ers;: Oer►Is
F testimony an4 evidence
Beams Administrative upon which the appeal Is
Center, 100 Waft.Dania to based.
Beach Blvd;;Dante BeaCh,10tl Ann Cunningh :t
Florida 33004,for the puc- fcnriaey t�2
po6A of.h ear ing a��►tyy com-k
ments which might be
rhade,to the,following re-
quest
Applicant: Torrey Phlll a
G.O.C. representing
pei of Chrtat Church
Property:Owner:. Steven
Casper
Location: 35 SW lit Ave-
nue
Request by Pastor Torrey
Phillips for a variance
from parkingg require
ments associated with the
operation of an auditors-.
um,. meeting room or
Chapel to provide 5 park-
ing spaces, where Chap
ter 28, Article 6, Off
Street Parking Require-
ments state that 25 spac-
es are required.
Folio: 5042-34-01-3301 -
Legally described as -
Town of Dania PB B/Pg 49,
Lot 18 Blk 22
Copies of the proposed re-
quesll are available for
weW�mg in the Community
DekXopment Depart-
.
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VILLA APTS
JAXS'ON'S DANIA .PLAZA
126 SOUTH FEDERAL HIGHWA y
SUITE 201
DA'L4 BEAM, F1,ORIDA 33004
954-925-0286 -- far: 954-925-0283
E--U 41L'G'GRF.ALSTAC44OL cOhl
February 24,2004 via fax: 954-924:3624
The Honorable Mayor of Dania Beach Bob Anton
Honorable Commissioners
City of Dania Beach
d > 4. a
RE: Public�Fle�rtng
Pariu» srtanee� aGospel�of,ChnstC:h�rc "
35 Southwest V Avenue
Steve Casper, Property Owner
Dear Honorable Mayor and Commissioners:
As a major commercial property owner for more than thirty(30)years in this city, I recommend that you
turn down this request for a parking variance for a"Church."
Our property is being used by people parking illegally from Grandpas Restaurant and with a Church being
allowed to go into Southwest 1 Avenue,it will exacerbate the parking problem that now exists.
Our property which includes JaXsau's and family Dollar needs every parking space that we have and we
should not have to put up with illegal parking from a Church or anyother merchants.
If this variance is granted, you will be setting a very bad precedent for the future.
We are lout! ainst&and I am sorry 1 couldn't be there in person to voice my opinion.
Very-truly you -
Phil Glassma er
Jaxson's Dania Plaza
PG:e
TOTAL P.01