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MO 1996-036 to 1996-040
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MO 1996-036 to 1996-040
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CM City Clerk-City Council
CM City Clerk-City Council - Document Type
Minute Order
Document Date (6)
12/31/1996
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Bal Theater Appeal 2 October 1, 1996 <br />BACKGROUND <br />Approximately three years ago, the Bal Theater ceased the regular screening of foreign language <br />films. However, the owners have maintained a business license for the continuation of the theater <br />and continue renting the facility for special screenings on a case by case basis. <br />Recently, the Universal Church applied for a business and zoning approval. The application lacked <br />details on the nature of the use and it was not clear to staff that church services were to be held. On <br />April 17, 1996, Community Standards staff confirmed that church services were occurring. The <br />church was informed to cease and desist. The church discontinued all operations immediately. <br />DISCUSSION <br />In the application for use of the property submitted by Universal Church of the Kingdom of God, <br />the proposed use of the property involved film, video and lectures to deal with issues of <br />"unemployment, health, addiction, family life, spiritual matters and prosperity." Their stated aim is <br />"to help those who need it through our lectures and film/video presentations and discussion periods. <br />On Sunday, April 14, 1996, a Community Standards staff member arrived at the Bal Theater at <br />approximately 10:30 a.m. to observe the operation. The conclusion of the City staff member was <br />that the use met the zoning definition of a church service. <br />During the Planning Commission meeting on the appeal, there was public testimony from residents <br />in the immediate area expressing concern about parking for the church, especially since there is no <br />on site parking available. They also were concerned about the establishment of a church use on a <br />major commercial corridor. <br />CONCLUSION <br />Based on the information supplied to the City by the applicant and information gathered by <br />Community Standards, it was the finding of the Director of Development Services that the <br />proposed use was a church, a use that is not permitted in the Community Commercial Zoning <br />District. The zoning approval was therefore denied. The denial of the zoning approval was <br />appealed to the Planning Commission and it upheld the action of the Director of Development <br />Services. <br />ATTACHMENTS <br />Business License and Zoning Approval Application (Attachment A) <br />Letter dated April 15, 1996 (to Edward Campiani) (Attachment B) <br />Notice to Cease and Desist dated April 17, 1996 (Attachment C) <br />Letter dated May 15, 1996, (to Paul Martin) (Attachment D) <br />Staff Reports dated June 7, 1996 and July 26, 1996 (Attachment E) <br />Excerpts of Planning Commission Meetings of June 13, and August 8, 1996 (Attachment F) <br />Letter to Planning Commission from Lawrence Martin dated June 21, 1996 (Attachment G) <br />Supporting Material from United Church of the Kingdom of God (Attachment H) <br />Additional Information from Applicant Received September 27, 1996 (Attachment I) <br />
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