Wilton Manors Gazette June 20, 2018

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WMG Volume 5 • Issue 11 June 20, 2018

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Pride Center Neighbors Still Unhappy With Noise as Gym Files Appeal By Damon Scott Residential neighbors of The Pride system volume lowered about a week Center in Wilton Manors and its tenant and then continued. At the May 2 hearing the magistrate – Challenge Fitness – say it appears an ongoing dispute over loud noise will judge also informed attorneys for the Pride Center and Challenge Fitness that continue, at least in the short term. Challenge Fitness has filed an appeal to a plat restriction on the property did not a “special magistrate final order” issued allow a commercial business to operate May 2 that assessed administrative there, bringing the business license and costs of $150 to the Pride Center after tax certificate into question. The order a hearing on noise complaints and gave representatives until September 5 to resolve the matter. a commercial platting When asked why issue regarding the gym. Challenge Fitness Challenge Fitness filed an “Challenge Fitness decided to appeal the appeal to the order June 1. magistrate’s order, the The residents allege will exercise all gym’s attorney Paula the gym often has J. Campione said there large garage style doors remedies available were two reasons. open with loud music “First, we believe the emanating from the by law should testimony, affidavits of open air atmosphere, as complaint and incident well as noise from the the HOA continue reports presented use of a public address at the hearing failed (PA) system. Challenge with baseless as a matter of law Fitness is described to demonstrate any as a “group personal complaints” violation,” Campione training” concept owned said in an email to and managed by Jorge - Matthew Dreger SFGN. “Specifically, Delgado. all were devoid of The noise complaints sufficient information began in early April, led by Matthew Dreger, the home for which a legal finding could be made. owners’ association president of the Second, we believe the ‘plainly audible’ Townhomes at Riverside Place. He said standard of the Wilton Manors [noise] initial attempts to convince the gym to ordinance for which The Pride Center keep the garage door closed and the PA was cited is overbroad and vague and

therefore unconstitutional.” Campione said she believes the “plainly audible” standard of the noise code is subjective. “Thus, any condo commando can claim to be personally disturbed when there is no legal disturbance at all,” she said. Last month, Pride Center Chief Operating Officer Kristopher Fegenbush said they were working with Challenge Fitness and the city of Wilton Manors to resolve “any music or other noise issues” and “technical platting requirements.” Fegenbush did not immediately respond to a follow up inquiry by SFGN. Campione said the Pride Center has been “nothing but supportive” of its tenant. “Challenge Fitness remains cautiously optimistic that an amicable resolution can be reached with their neighbor. However,

Challenge Fitness will exercise all remedies available by law should the HOA continue with baseless complaints,” she said. Meanwhile, Dreger continues to initiate noise complaints to the city on behalf of the HOA. He said he’d been in contact with Wilton Manors Chief of Police Paul O’Connell, who encouraged him to continue to make the complaints so there was an ongoing record of them. “My understanding is that the city is meeting with the Pride Center to find some common ground,” Dreger said. “Our patience is running thin over here … now taxpayer dollars are going to be used to defend the city of Wilton Manors on the appeal, from an illegal and unlicensed business located in the city,” he said. Challenge Fitness is located at 2036 North Dixie Highway. WMG

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