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HomeMy WebLinkAboutR-2004-133 VA-88-03 Extension Gospel of Christ RESOLUTION NO. 2004-133 A RESOLUTION OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE REQUEST SUBMITTED BY PASTOR TORREY PHILLIPS, REPRESENTING GOSPEL OF CHRIST CHURCH FOR AN EXTENDED APPROVAL OF THE PREVIOUSLY APPROVED VARIANCE VA-88-03, (RESOLUTION 2004-039), WHICH EXPIRES ON AUGUST 24, 2004; PROPERTY LOCATED 35 SW 1 AVENUE, DANIA BEACH, FLORIDA; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, on February 24, 2004, the City Commission approved a variance request by Pastor Torrey Phillips, representing Gospel of Christ Church, from Chapter 28, Zoning, Article 6, Off-Street Parking requirements, for property located at 35 SW 1st Avenue, Dania Beach; and WHEREAS, the City Commission approved the request for 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 six (6) months, subject to the following conditions: 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. and WHEREAS, Pastor Torrey- Phillips, representing Gospel of Christ Church is requesting an extension of the variance approval until October 31, 2004; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the request for an extension of the variance request is hereby approved, Section 2. That all resolutions or parts of resolutions in conflict with this resolution 1 RESOLUTION NO. 2004-133 are repealed to the extent of such conflict.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 10th DAY OF AUGUST, 2004. � r C.K. adELY ffA MAYOR-COMMISSIONER ATTEST: ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES LOUISE STILSON COMMISSIONER FLURY - YES CITY CLERK VICE-MAYOR MIKES — YES MAYOR MCELYEA - YES APPROVED AS TO FORM AND CORRECTNESS: ® BY: r-L,-\ 4�11 THO A J. ANSBRO CITY ATTORNEY 2 RESOLUTION NO. 2004-133 AGENDA REQUEST FORM CITY OF DANIA BEACH AGENDA ITEM NO. 1. DATE OF COMMISSION MEETING: AUGUST 10, 2004 2. DESCRIPTION OF AGENDA ITEM: VARIANCE REQUEST(VA-88-03)—EXTENSION REQUEST 3. COMMISSION ACTION BEING REQUESTED: ADOPT RESOLUTION 4. SUMMARY EXPLANATION & BACKGROUND: AN EXTENSION 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 RESOLUTION 2004-039 LETTER FROM APPLICANT 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 August 2,2004 Community Development Department City Manager Date w CITY OF DANIA BEACH DEPARTMENT OF COMMUNITY DEVELOPMENT MEMORANDUM DATE: August 10, 2004 TO: Ivan Pato, City Manager FROM: Laurence Leeds, AICP, Director Corinne Church, AICP, Principal Planner SUB3ECT: Request by Pastor Torrey Phillips, Gospel Church of Christ, to extend the expiration date of the temporary parking variance from August 24, 2004 to October 31, 2004 (5 parking spaces required, 25 spaces required). LOCATION: Existing building located at 35 SW 1 Avenue. The City Commission previously approved the applicant's parking variance request • for a period of six (6) months subject to conditions. This approval will expire on August 24, 2004. The applicant is requesting an extension through October 31, 2004 to allow the completion of tenant improvements at their future location. Applicant has not provided the future location of the ministry. CITY COMMISSION PREVIOUS ACTION On February 24, 2004 the City Commission conditionally approved the applicant's request for a period of six (6) months subject to the following conditions: 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. RECOMMENDATION (EXTENSION OF PARKING VARIANCE) None; recommendation at the discretion of the City Commission. • RESOLUTION NO. 2004- 039 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: VA-88-03 1 RESOLUTION NO. 2004- 039 If •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 i 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. VK4___ AN ON MAYOR —COMMISSIONER ATTEST: ROLL CALL: r" COMMISSIONER CHUNN - YES COMMISSIONER FLURY- YES • MI IAM NASSER COMMISSIONER MIKES - YES ACTING CITY CLERK VICE-MAYOR MCELYEA - YES MAYOR ANTON-YES APPROVED AS TO FC RM AND CORRECTNESS: BY: THOMAS J. ANSBRO CITY ATTORNEY VA-88-03 2 RESOLUTION NO. 2004 039 Gospel of Christ Ministries Inc. s ti Pastor Torrey Phillips .. ® Founder&Senior Pastor First Lady Keisha Phillips j. Founder&Co-Pastor July 15, 2004 Larry Leeds Director of Community Development City of Dania Beach 100 West Dania Beach Boulevard Dania Beach,FL 33004 Dear Mr. Leeds: On February 24, 2004, Pastor Torrey Phillips appeared before the Dania City Beach Commission to petition a parking variance on behalf of Gospel of Christ Ministries Inc. We thank you for your kind consideration and unanimous approval of our request. We have complied with the stipulations of the approval as stated in the minutes. In an effort to permanently relocate our services in a more suitable venue,we have acquired a new facility to house all aspects of our ministry. However,we have encountered a technical complication that is beyond our present ability to immediately resolve. The present tenants of our new facility are awaiting completion of their new sanctuary. As a result,they will remain at the site until October 2004. As recommended by City Attorney Ansbro on February 24,we regret to exercise the option to re- quest a temporary extension of the variance until October 31,2004. This matter is beyond our control. We wish to stress that we will not remain at our present location, 35 SW 0 Avenue, Dania Beach, FL beyond this date under any circumstances. With your approval,we will continue to offer positive and wholesome services that are beneficial to persons in every age category in the City of Dania Beach, FL. Sincerely, Torrey Phillips Pastor Gospel of Christ Ministries Attachments NOTICE OF PUBLIC HEARING CITY OF DANIA BEACH b e S VA-88-03 • Cer►�1�►�sal 1904-2004 NOTICE IS HEREBY GIVEN that a public hearing will be held before the City Commission on Tuesday,.August 10, 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: Reverand Torrey Phillips, representing Gospel of Christ Church Property Owner: Steven Casper Location: 35 SW 1st Avenue Request for an extension of time for the variance. which was approved on February 24, 2004 to allow relief from the parking requirements associated with the operation of an auditorium, meeting room or chapel. The approved variance will expire on August 23, 2004. 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 prn 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 Louise Stilson, City .Clerk, 100 W. Dania Beach Blvd, Dania Beach, FL 33004, (954) 924-3622, 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 Mailed: Friday, July 30, 2004 • Refer to the back of this notice for a Location map of the site N-SENTINEL FRIDAY,] rc{- Pu611c Hearing,-, Notices+ NOTICE OP PUBLIC.HEARING';'',,; CITY OF DANIA BEACH VA-88-03 NOTICE,IS.HEREBY GIVEN that a'public,hearing,will be held before the-City Commission 66 Tuesday; August 10,.2004,et,T00 p.. M., oras.soon,;thereafter as possible; in!the'Dania Beach City":,Commission Chambers;:`Dania Beach Adminlstrative :",Center; 100' West,"Dania,'Beach Blvd.,"Dania.,Beach,.Florl- da.33004 fo�,th'e,purpose of'hearing,any comments which might be'made,'to the following request`; Applicant:-Reverand:Tor- rey Phillips;'representing Gospel of.Christ Church ' Property'Owner: Steven Casper Location: 35 SW 1st Aye-� nue- Request for an extension' of:time:for th&.variance which was' approved on; ® February24, parking re-, relief from thee parking re-, quirements associated) with the.operation of an auditorium,meeting room' or,chapel„The,approved: variance will expire on Au- gust23,2004.'" Folio: 5042-34-01-3301.- Legally described as - Town of Dania Pb B/Pg 49;, Lot 18 Blk 22' Copies of the proposed"re- quest is available for viewing in the Community Development Depart- ment, 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. Inter• ested parties may appear at the public hearing and, be heard with respect to the proposed petition. in accordance with the Americans.With Disabili ties Act,persons needing assistance to participate . in any of these proceed- ings should contact Louise Stilson,City Clerk, 100 W.Dania Beach Blvd, Dania Beach, FL 33004, (954)924-3622,at least 49 hours prior to meeting. 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