HomeMy WebLinkAboutR-2010-029 Ebenezer Deliverance Temple, Inc Parking Variance RESOLUTION NO. 2010-029
A RESOLUTION OF THE CITY OF DANIA BEACH,FLORIDA, APPROVING
THE VARIANCE REQUEST SUBMITTED BY REVEREND GENTEL
WILLIAMS REPRESENTING EBENEZER DELIVERANCE TEMPLE, INC.,
FROM CHAPTER 26, "VEGETATION", ARTICLE IV, "LANDSCAPING",
CHAPTER 28, "ZONING", ARTICLE 6.21 "SCHEDULE OF OFF-STREET
PARKING REQUIREMENTS"AND ARTICLE V OF THE ZONING APPENDIX
("OFF-STREET PARKING"), FOR PROPERTY LOCATED AT 2340 GRIFFIN
ROAD, DANIA BEACH; PROVIDING FOR CONFLICTS; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Dania Beach Code of Ordinances Chapter 26, "Vegetation", Article IV,
"Landscaping"sets the landscape and buffering requirements for commercial properties within the
City of Dania Beach; and
WHEREAS, the Dania Beach Code of Ordinances, Chapter 28, "Zoning", Article 6.21
specifies the off street parking requirements for properties located within the City of Dania Beach;
and
WHEREAS,the Dania Beach Code of Ordinances, Section 33-211,Article V of the Zoning
Appendix("Off-Street Parking"),requires all parking areas to be paved for properties located within
the City; and
WHEREAS,Reverend Gentel Williams,representing Ebenezer Deliverance Temple,Inc.,is
requesting the following variances:
1) VA-49-09—To allow 15 onsite parking spaces(City of Dania Beach Code of Ordinances
Chapter 28, "Zoning", Article 6.21, "Schedule of Off-street Parking Requirements"
requires a minimum of 25 on-site parking spaces);
2) VA-56-09—To allow for unpaved,grass parking for 8 of the onsite parking spaces(City
of Dania Beach Code of Ordinances Section 33-211, Article V, "Off-street Parking
Requirements"of the Zoning Appendix requires off-street parking to be paved);
3) VA-57-09 — To allow for a 22 foot wide drive aisle (City of Dania Beach Code of
Ordinances Chapter 28, "Zoning", Article 6.21, "Schedule of Off-street Parking
Requirements", requires a minimum of 24 feet of width); and
4) VA-61-09 - To allow for an onsite parking area without providing vehicular use area
landscaping (terminal landscape islands and 5 foot perimeter buffer) (Chapter 26,
"Vegetation",Article IV,"Landscaping"requires vehicular use area landscaping when a
change of use necessitates a change in parking);
for property located at 2340 Griffin Road, in the City of Dania Beach; and
WHEREAS,the Planning&Zoning Board on January 20,2010 recommended approval of
the variance requests,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 those certain applications VA-49-09,VA-56-09,VA-57-09 and VA-61-09,
from requirements in Chapter 26, "Vegetation", Chapter 28, "Zoning" and Article V of the Zoning
Appendix ("Off-Street Parking"), of the City Code of Ordinances are approved with the following
conditions by staff:
Public Works:
• Grass parking areas are acceptable provided 6" limerock is present beneath the grass to
ensure a stable parking surface and to avoid mucking caused from a rain event. Compliance
must be identified on plans submitted for building permit approval.
Section 2. These approvals shall be granted for a period of one year. Before the one year
period expires,the application shall be returned to the City Commission for a hearing to determine
whether the approvals may be extended.
Section 3. That all resolutions or parts of resolutions in conflict with this Resolution are
repealed to the extent of such conflict.
Section 4. That this Resolution shall be in force and take effect immediately upon its
passage and adoption.
PASSED and ADOPTED on February 23, 2010.
ATTEST: ®Qo�aao'S gRrTc,
T�
LOUISE STILSON,CMC ANNE CASTRO
CITY CLERK MAYOR-COMMISSIONER
APP7VED AS O O AND S
THOM SJ. AN RO
CITY ATTORNEY
2 RESOLUTION#2010-029
City of Dania Beach, Florida
Department of Community Development
Planning and Zoning Division
(954)924-6805 Phone
www.da niabeachtl.g ov
General Development Application
D Administrative Variance
D Assignment of Flex/Reserve Units
❑ Land Use AmendmentD Plat
({ }�J
❑ Plat Delegation Request ' !a
❑ Rezoning Date Recd., 0q
❑ Site Plan N(.1V 0 5 7009
❑ Special Exception Petition No.: 0�
❑ Trafficway Waiver Planning Va -5(0"O
Cd'Variance
❑ Roadway Vacation Department�.,_.._._. q
❑ Extended Hours vie- � 'o 1
❑ Other: Vo_ (o\_ Oq
THIS APPLICATION WILL NOT BE ACCEPTED UNTIL IT IS COMPLETE AND SUBMITTED WITH
ALL NECESARRY DOCUMENTS. Refer to the application type at the top of this form and "Required
Documentation"checklist to determine the supplemental documents required with each application.
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. As always, the applicant or their
authorized legal agent must be present at all meetings. All projects must also obtain a building permit from
the City's Building Department.
Location Address: 2340 Griffin Rd. , Dania Beach FL 33312
42 3 & N 30ft. 1 SEABOARD HEIGHTS
Lotof 4 Block: Subdivision:
Recorded Plat Name: Plat Book 14, Page 14
Folio Number(s): 5042 32 04 0010 Legal Description: Exhibit "A" Attached
Applicant/Consultant/Legal Representative(circle one) Rev. Gentel F. Williams
Address of Applicant: 4298 SW 183rd Av. , giramar, FL 33028 (mailing)
Business Telephone; 9549876201 Home: Fax: 9549876574
Name of Property Owner: Ebenezer Deliverance Temple, Inc.
2340 Griffin Rd. , Dania Beach, FL 33312
Address of Property Owner:
Business Telephone: 9549876201 Home: Fax: 9549876574
See Attached Criteria Statement
Explanation of Request:
For Plats please provide proposed Plat Name for Variances please attach Criteria Statement as per
Article 10.13 of LYrapter 28,Zoning Code.
13, 328 1 , 125
Prop. Net Acreage: Gross Acreage: Prop. Square Footage:
Existing Use: 2, 341 Proposed Use: Worship area
Corporation (non-profit)
Is property owned individually, by a corporation, or a joint venture? _
ffplit,
at site plan and variance approval automatically expires within 12
ommission approval, pursuant to Ordinance No. 2005-040.
��j beneze Deliverance Temple, Inc.
� /I ! `I signature /Print Name Date
APPLICANT, CONSULTANT, OR LEGAL REPRESENTATIVE NOTARIZED SIGNATURE
Swom to and subscribed before me Applicant/Consul t/Rep tive:
This_E day of CKk�v '20 0(1'
Signature;
Date:
�C-nTltL � wi ���1ms
Sign Name of Nota(V Public (Print N me)
State of( Y�OVI Cy& ) / (�
E( ✓dwt &I. d-34,
Print Name of Notary Street Address, City, State and Zip Code
Commiss T
� I`J5'4) �p G,2°% 9+�1 90Seal: CarmiWMD079W Telephone No. &Fax No.
Expim August 16,2012
BORM7AnTgNBYrrrsMa"I
INDIVIDUAL OWNER NOTARIZED SIGNATURE:
This is to certify that I am the fee simple owner of subject lands described above and that I have orized
(Applicant/Consultant/Representative) to m and file the
aforesaid application.
Swom to and subscribed before me Owner:
This_day of 20_
Signature:
Dat
Sign Name of Notary Public (Print Name)
State of( )
Pdnt Name of Nota Street Address,City, State and Zip Code
Commissl xpires:
Seal; Telephone No. &Fax No.
CORPORATION NOTARIZED SIGNATURE:
This is to certify that the below
referenced corporation is the owner of subject lands described above and
thQt 1, Gas a Fa WVT 'zed officer, have authorized (Applicant/ConsultantfRepresentative)
R Y to make and file the aforesaid application.
Sworn to and subscribed before me Co oration Name:
Ebenezer D live ance Temple, Inc.
This a day of CfC 6 v 20 01 L10,-"
Signature:.
Date: 101.2s lO
_ �E/✓%L F L✓f /�fArnr
(Print Na e)
S42 �i4sTo {�
Sign Name of Notary Public (Print Title)
State of(Flo,-)d a )
jii✓110AC Nf W/� 1110 Griffin Road.Dania Beach, FL
Pri C 1 Street Address, City, State and Zip Code
Name
ESIMONECOMER Te1:9549876201 /Fax: 9549876574
Co DD79WSea A o Telephone No. &Fax No.
JOINT VENTURE/PARTNERSHIP NOTARIZED SIGNATURE:
This is to certify that the below referenced that the duly authorized persons are the owners of subject lands
described above and that all partners have authorized (Applicant/Consultan presentative)
to make and file the afor application.
Sworn to and subscribed before me
This_day of 20_
Signature:
Date:
(Print Name)**
Sign Name of Notary Public
State of( )
Print Name of Notary Street Address, Gty, State and Zip Code
Commission Ex ' es:
Seal: / Telephone No. &Fax No.
"Each partner must sign. Attach duplicate sheets as required.
Exhibit "A"
Lots 1, 2, and 3, and the North 30.00 feet of Lot 4, Block 1, of Seaboard
Heights, according to the Plat thereof, as recorded in Plat Book 14, Page
14, of the Public Records of Broward County, Florida, Less the following
described portion: The North 30.00 feet of said Lots 1 and 2, and that
portion of said Lot 1 lying Northwesterly of an arc of a circular curve
concave to the Southeast and having a radius of 25.00 feet, a central
angle of 90°01'03" and an arc distance of 39.28 feet, said curve is tangent
to a line 30.00 feet South of and parallel with the North line of said Lot 1,
and tangent to the West line of said Lot 1.
Re: Ebenezer Deliverance Temple, Inc.
Prop.Add: 2340 Griffin Road, Dania Beach, FL 33312
NOV it ` 2079
Depa �
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R=ZS pQ' r / NORTH 30' — — —NORTH 30' t l SCALE:r=so
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89'48'25"(R) (INCLUDED) j
90'09'45'(M)
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i REMAINDER 85.00' FlP 7/2" .
o WE I� LOT 4, BLOCK 1 (NOT INCLUDED) Ls 34e7 0,' Fc
1y 0. ` - - - - - `�—0.854
R`OFESSIONAL SURVEYOR S, INC. R FILE:
EF: OBH-7�U
4747 HOLLYWO60 BLVD.,STE 105,HOLLYWOOD,FL 33021 PHONE(954)241-3000 LICENSED BUSINESS#7326 FOR: TEMPLE.I DELIVERANCE
TEMPLE,INC.
ADDRESS: 2340 GRIFFIN ROAD, DANIA BEACH, FLORIDA 33312 DATE:081012008 SITE ELEVATIC
DATE:0311912007ADD SITE ELEV
LEGAL DESCRIPTION:
LOTS 1.2.AND 3.AND THE NORTH 30.00 FEET OF LOT 4,BLOCK 1,OF'SEABOARD HEIGHTS',ACCORDING TO THE PLAT THEREOF,AS RECORDED IN PLAT BOOK 14.PAGE
V,OF THE PUSUC RECORDS OF BROWARD COUNTY.FLORIDA,LESS THE FOLLOWING DESCRIBED PORTION'
THE NORTH 30.00 FEET OF SAID LOTS 1 AND 2.AND THAT PORTION OF SAID LOT 1,LYING NORTHWESTERLY OF AN ARC OF A CIRCULAR CURVE CONCAVE TO THE
SOUTHEAST AND HAVING A RADIUS OF 2S.00 FEET,A CENTRAL ANGLE OF 90'0 VOT AND AN ARC DISTANCE OF 39.28 FEET,SAID CURVE IS TANGENT TO A LINE 30.00
FEET SOUTH OF AND PARALLEL WITH THE NORTH LINE OF SAID LOT 1 AND TANGENT TO THE WEST LIPS OF SAID LOT 1.
FLOOD ZONE: AE8D'.x — COMMUNITY NUMBER: 12583 — FIRM INDEX NUMBER 1201 IC0306F BOUNDARY SURVE
1 CERTIFIED TO:
LEGEND & ABBREVIATIONS: •EBENEZER DELIVERANCE TEMPLE.INC.
AID............AR CONDITONER 'FRASER TITLE,LLC
BM..............BENCHMARK 'STEWART TITLE COMPANY GUARANTY
(C),.............CALCULATED WACHOVIA BANK,N.A.,ITS SUCCESSORS ANDIOR ASSIGNS,
C.G.............CONCRETE GUTTER OR VALLEYED GUTTER AS THEIR INTERESTS MAY APPEAR
C A G.._.....Cl1RB A GUTTER
CR.............CHORD
C.M.E........CANAL MAINTENANCE EASEMENT
CNA............CORNER NOTACCESSIBLE
CONIC.........CONCRETE
0................DELTA(CENTRAL ANGLE)
O.E..............DRNNAGE EASEMENT
EDP............EDGE OF PAVEMENT
FC..............FENCE CORNER
FDH._.._....FOUND DRILL HOLE
FE..............FENCE ENDS
RF..............FINISHED FLOOR
FIP/FR.......FOUND RON PIPE/ROO
FN..............FOUND NAIL
FNBD..........FOUND NAIL AND DISC
F.Pk.N.........FOUND PARKER KALON NAIL
I.D...............SURVEYORS IDENRFICATION '
L.................LENGTH
LAE..........LIMITED ACCESS EASEMENT
L.ME..........LAKE MAINTENANCE EASEMENT
IM)..............MEASURE
O/S.._..........OFFSET
(P)...............PLAT
P.0..............POINT OF CURVATURE
P.C.0..........POINT OF COMPOUND CURVATURE
P.O.B..........POINT OF SEGINNING
P.O.0..........PONT OF COMMENCEMENT
PR.0..........POINT OF REVERSE CURVATURE
P.R.M......—PERMANENT REFERENCE MONUMENT
P.T..............POINT OF TANGENCY
R-..............RADIUS
(R)..............RECORD
R W............RIGHT.OF.WAY
FLEE...........ROOF ENCROACHMENT EASEMENT
SIR.............SET 1/2'IRON ROD
SAID.._........SET NAIL AND DISC
(TYP.)..........TYPICAL
U.E.............UTILITY EASEMENT
W.E............WATERS EDGE
OVERHEAD CABLES(OH)
POLYVINYLCHLORIDE FENCE(PVCF)
WIRE OAR CHAIN LINK FENCE(CLF)
WOOD FENCE(WF)
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TAL ENCE(MF) * f
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Q COMMUNICATIONS BOX CENTERLINE ® GAS METER i 3
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SEWER MANHOLE ® WATER VALVE RISER/ f r x
SEWER CLEANOUT
UTILITY POLE(UP) CABLE BOX(CA.TV.) Davy
LIGHT POLE(LP) ELECTRIC METER(EM)
Q WATER METER(WM) ELECTRIC BOX(FPL)
UTILITY ANCHOR HANDICAP PARKING(HCP)
4•iLE ATIQHYD NJ'T(FN) PLANTER OR PLANTED
q1 ELEVATIQN
NOT A VAUD SURVEY WITHOUT THE SIGNATURE AND ORIGINAL NOTE:
RAISED SEAL OF LICENSED SURVEYOR 3 MAPPER THIS Li AC+CPYRICHTOCCULINIT:,CNTAINN:GFROUNN:TARY WFCPAWT�CVANO IS WORRATED
I BY PROFE66RTMt 9UNVEYVNS,LNG q(1NE 61GNWG$URVEYUR WHEN COPIED SY V IREAS.
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oq/yF491M1AI RpWFVMausoom.�".� TN193URVEY HAS"El PHF.PAPEOF0111NE E%CLUSNE PUNR0.5F.FOR UFEMaN III MOBTnMrt,q TITIF IxSVMNCE
EBENEZER DELIVERANCE TEMPLE, INC.
A FLORIDA NOT FOR PROFIT CORPORATION
(MAILING ADDRESS)
429a 8W 1 63RD AVENUE
MIRAMAR, FL 33029 -
TEL: 954.987.6207 / FAX: 954.987-6574 ILL:CYxff1l 111111`'9y�=I1LL'�p�7J.t1�111►1tYYJJI►1L�Mffii::llll�'11
30th November, 2009 JAN 13 MID
City of Dania Beach, Florida Planning
Department of Community Development Department
Planning and Zoning Division
Re: General Development Application -Variance
Ebenezer Deliverance Temple, Inc., a Florida not-for-profit corporation
Variance Requests:
1) To allow the use of an unpaved, grass parking area on the property,
which area was previously used as parking by the previous owners.
(City Ordinance requires all parking area to be hard surface).
2) To allow a reduced amount of parking spaces from 25 to 15. (City
Ordinance requires approximately 25).
3) To allow variance from the required 24 feet for ingress/egress drive way
to 22 feet.
4) Landscape variance, to allow 4 feet Landscape Buffer where the code
requires 5 feet.p„j- c ko &A"A' m i61a�rjd-
Criteria Statement , Per Article 10.13 of Chapter 28, Zoning Code
Ebenezer Deliverance Temple, Inc., owns the legally described property attached hereto
as Exhibit"A', and addressed as 2340 Griffin Road, Dania Beach, FI 33312.
The property currently has 9 paved parking spaces. The property also has approximately
7 - 8 additional unpaved, grass parking spaces, which was used by the previous owners
are parking spaces, and which already evidences concrete wheel stop.
The building area is approximately 4,498 sq. ft., of which 2,2341 sq. ft is being used as
church administrative offices. This includes a lunch room and a storage area.
Ebenezer Deliverance Temple
Variance Application
Page No.2
Ebenezer desires to use the additional area of approximately 1, 125 sq. ft. for spiritual
worship, service and meeting on Sundays, from 8: am to 1:30 pm. It is important to note,
the majority of Ebenezer's Parishioners car-pooled and/or transported by the church bus.
Ebenezer requires Variances as follows:
1) Allow the unpaved, grass area to be used as parking (which was used by the
previous owners) thereby increasing the total parking spaces to 15 for the specified
use.
2)Pursuantto the City's own direction and instructions,another Variance is required
in order to allow 15 parking spaces for the use of the 1,125 sq. ft area for spiritual
worship, instead of 25 spaces.
3) Ebenezer will also require a variance to allow 22 feet ingress/egress drive way
instead of the required 24 feet, in order to facilitate the parking and commuting of
church parishioners via the church bus and car pooling.
4) Landscape variance, to allow 4 feet Landscape Buffer where the code requires
5 feet OM& Aiwawi9 -kxntv&,D Z&avdO.1O I
a. Special conditions and circumstances exist which are peculiar to the building and
which are not applicable to other building in the same zoning district.
Specifically, The lot size of the property is approximately 13, 328 sq.ft;
Building area is 4,498 sq. ft.; and the office/storage/lunch room area is
approximately 2,341 sq. ft. Importantly, Ebenezer has received approval from the
City for church administrative office use of the 2,341. sq. ft. The remaining
proposed worship area is approximately 1,125 sq. ft.
The building was originally used as a medical office / administrative office facility
with only 9 parking spaces. According to the Zoning Department, the building was
grand fathered in.
Due the size of the building area, the current amount of parking spaces are not
sufficient for use of the building as a church; or use of building for any other
practical purpose. However, Ebenezer has received approval for office use of the
2,341 sq. ft area.
b The special condition and circumstances do not result from the actions of the
applicant.
Ebenezer Deliverance Temple
Variance Application
Page No.3
The special condition and circumstances of the building was not a result of the
action of Ebenezer. The building was purchased in November 2006 and at the time
of purchase, the building was in operation as a medical office/office building, with
9 paved parking spaces; and approximately 7 or 8 unpaved grass area parking .
Save for interior renovations and repairs, Ebenezer has not change or add to the
structure of the building.
C. Granting the Three Variance Requests will not confer on Ebenezer any special
privileges that is denied by this Chapter to other building structures in the same
zoning district.
Ebenezer is not,aware of any other building structure in the same zoning district
which was/is denied the same pursuant to the Chapter. Further, other owners are
routinely afforded the variance for parking on unpaved areas, for reduction in the
amount of required parking spaces, for reduction in the ingress/egress and the
landscape buffer. Further, the unpaved grass area is located on the property and
will therefore not cause any added traffic hindrance.
d. The literal interpretation of the provisions of this Chapter would certainly deprive
Ebenezer of the rights commonly enjoyed by other properties in the same zoning
district under the terms of this Chapter, and would work unnecessary and undue
hardship on Ebenezer.
Ebenezer believes there are other properties similar in use to this property which
are allowed to carry our their use as a church or other place of worship. The
property located at 4289 Griffin Road is allowed use as a church; and the property
located at 4650 SW 30'"Ave is allowed use as a church or other place of worship
and is further allowed use as a day care. There are also other similar used
properties within the same zoning district which are not deprived of the said rights.
The literal interpretation of the provisions of this Chapter would cause undue
hardship to Ebenezer. Ebenezer is a non-for-profit church , with approximately 80
parishioners,comprising primarily of family members. Ebenezer is currently paying
mortgage on the property, and has not been able to utilize the building for a place
of worship for the parishioners. Instead, Ebenezer is paying rent for the use of a
space in Miami; and in instances where the space is not available for rent, then
Ebenezer's parishioners do not have place to meet and worship. This has become
a burden on Ebenezer as the church does not have sufficient financial funds to
continue payment of rent for a worship space and mortgage for the property owned
Ebenezer Deliverance Temple
Variance Application
Page No.4
but cannot use. And not having a stable place to meet and worship on Sundays
results in loss of parishioners and instability for the church.
e. The Variances granted is the minimum that will make possible the reasonable use
of the building and the land.
In order for the building to be used in any reasonable or practical manner, a
Variance for additional parking spaces will be required. The request for a variance
for the additional parking spaces is the minimum possible in order to allow the area
to be used as a place of worship.
f The grant of the Variances will be in harmony with the general intent and purpose
of this Chapter, and the Variances will not be injurious to the area involves or
otherwise detrimental to the public welfare.
The Variances will allow for 8 additional parking spaces. The removal of 2 existing
parking spaces will allow for adequate traffic access-ways in and out of the building,
and allow the interior circulation to be adequate to serve the needs of the area, for
a place of worship.
The Variances will not be injurious to the area or otherwise detrimental to the public
welfare. The proposed time of use is Sundays, from 8: am to 1:30 pm. Many of
the parishioners are picked up and dropped off by the Church bus, and the
remaining parishioners car pool. Very few parishioners drive alone. 15 parking
spaces will sufficiently accommodate the car pool parishioners,the church bus and
the few who drive alone.
Further, the entrance to the parking area and proposed area of worship is located
along 24' Avenue, and along busy Griffin Road. This location provides for
adequate access-way for the church traffic, and is so located so as not to be a
detriment to the surrounding properties.
We respectfully submit our application for the specified variance and ask the variance be
granted.
Si
v. Gentel Fay Williams
GFW: