Built from the City's minutes records — no AI-written textBriefing final
The City's record
What the City's record shows
Built only from the City's minutes (1460_BA_Reg_Minutes_02_21_2024.pdf). Page numbers are the minutes' own. Discussion is in the minutes' text; it is not summarised here.
Attendance (the roll call)
Listed present when the roll was taken: Pam Shaia, Patricia Weeks, Kaitlyn Aliano, Robert Dyar, Dan Quattrocchi, Robert Butler
(Checked against the ballots and the printed roll lines; no independent membership list of this board is available to confirm that the roll is complete.)
Listed absent: James Green
Also listed as present (staff and other roles): Luci Ribeiro (City Planner), Kristin Eick (Assistant City Attorney), Lori Chabot (Recording Secretary)
Adopted actions (4)
to approve the February 21, 2024 Agenda as written (moved by Weeks, seconded by Aliano); CARRIED 6-0 — the City's minutes, p. 2
to approve the January 17, 2024 Minutes as written (moved by Weeks, seconded by Dyar); CARRIED 6-0 — the City's minutes, p. 2
to postpone Item IV.1 PZ 24-00000007 — Special Exception (1050 N. Cocoa Blvd.) to the March 13, 2024 Meeting (moved by Weeks, seconded by Butler); CARRIED 6-0 — the City's minutes, p. 2
to approve the Special Exception request pursuant to Appendix A, Zoning, Article XI, Section 13(C) (6) of the City of Cocoa Code to allow for “a bar or lounge, with or without a package store” to operate a wine bar (moved by Shaia, seconded by Weeks); CARRIED 6-0 — the City's minutes, p. 4
Agenda (the City's wording)
The City's agenda for this meeting is on file (BA_Reg_Agenda_02_21_2024), but its item list has not been read reliably by machine yet, so no outline is shown.
Transcript Partial transcript
Machine transcription of the meeting recording. The words are the recognizer's, except where a passage is marked as corrected or machine re-recognized; most have
not been checked against the audio, so words, numbers and names can be misheard.
It describes what was said. It cannot establish who voted how, an amount or an outcome — the City's
minutes do that (above).
A time links to its passage, and “Copy link” copies that link. No recording can be started from here.
134 suspect passage(s) marked in place; 1 stretch(es) where a voice was detected and no words were recognized.
How this transcript was made. New machine transcription of the whole recording, with 10 voices separated from the audio.
20 short machine repair(s) (20 word(s)) are labelled in place, with the original words beside them: an ordinary word was replaced only where two further machine readings agreed on a different one.
Checks run on this transcript: the recognizer's own warning signs, whether a voice was detected where the words are and a language review for likely mishearings.
A second, independent machine reading was compared with it word by word: the same words for 90.0% of 5,559 content words.
Dotted words (123 places) are ordinary wording differences: hover or tap to see the other reading.
134 passages (24% of the words) are marked suspect: their words are not shown ("unclear audio") and support no statement: numbers, amounts, negation or names differ; the language review questioned them; or no voice was detected there.
Agreement between two machine readings is not verification.
Voice detected, no words recognized (1 stretch). Something may have been said here that the transcript does not have:
00:00:00 (458 s) — neither reading has words
Speakers were separated by voice. A plain name rests on evidence tied to that voice; “provisional” is a name from an earlier text-only pass and is not verified; “Speaker N” is an unidentified voice.
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before you call it. At the bottom of the agenda, if you'll notice the next meeting date, it says the 13th. That would be a special meeting. So I'm kind of asking at the same time as you're approving this agenda if that's going to work for everybody. The next week we were not available to do the meeting on its regular meeting date. So we're looking at doing a special meeting on the 13th. If that's acceptable, we'll leave the agenda the way it is. Otherwise, I just wanted to bring that to your attention. I
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Wonderful. Any opposed? All right. That passed. Okay. We have no old business. We do have two items under new business. Do you want me to take ‸ the current one or do you want me to go ahead and have a motion to postpone the second item first?
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without a package store to operate ‸ a wine bar. The future land use for this property is mixed use. There's only district is the central business district in Cocoa Village overlay and the he at the moment leaves the property.
in a existing kiosk on the village German beer garden restaurant property. This 0.26 acre site contains the easiest thing 2500 average square footage building constructed in 2016.
Flag: numbers, amounts, negation or names differ between the machine readings · 00:16:15–00:16:18 · unresolved: the words are not shown (unclear audio); listen to the recording
a restaurant with an accessory alcohol sales including 12 separate kiosks. I would like to highlight the four of those kiosks were used by the existing German
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and reclaim water. The one bar will be consistent with the entertainment bar and nearby restaurants including several establishment they offer outside seating. And is expected to complement and facilitate ‸ economic vitality of the central business district of the Cocoa Village overlay.
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The special exception should not be effective until the applicant has secured the permits business tax license and site plan approvals required by the city code or any permits required by regional state and federal agencies which are necessary for any development related to the special exception. Such
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approval unless ‸ the board grants the applicant additional time to obtain such permits based on reasonable delays and requirements caused by various permit procedures which may impact the six months time period. ‸ The special
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should not extend to additional kiosk or structures on ‸ the property without a separate application for a special exception. And if the use is extended enlarged or expanded an additional special exception approval should be required. The outdoor seats authorized but this approval are counted as 15 in total. The site plan included as exhibit A should be binding
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requirements as part of the ‸ site plan review. Any order conditions deemed necessary by the board of adjustments. We do have the applicant Nathan Barrett here if you the board has any questions and I'm also open to answer any questions you may have. I do have some questions.
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Yes so when I purchased the business in November it was my understanding that I was purchasing a completely turnkey business. A couple weeks into operating I received some word from Terry letting me know that the person that sold the bar to me had just put in an application for her business tax receipt. Two weeks later I bought the business. So as it was working its way through the channels of the city. It got stopped in zoning or planning and they reached out to the former owner to try to explain to her why her application was not being accepted. They tracked me down and let me know. Uh
never had a special exception to serve alcohol. Um which took me aback because it was beer bar then divine wine then the not wine bar. Um so uh it's been confusing all around. Okay. That's the that's the history. Um when I found out that there was no special exception exception to serve alcohol I immediately stopped. Uh working there was seven days that I was out. Um but then I was encouraged to continue by uh members of the city.
Okay now you have a two COP license which is for beer and wine and selling of uh that license also gives you the right to sell uh packaged goods of beer and wine as long as you're sealed.
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the board was even though they took a vote. And I need clarification to see why we ended up in this place that we are tonight. What I understood and I could be corrected that when this came before for a vote, it was to give the beer garden restaurant. And the
But supposedly, I guess at that time, maybe there was a connection with the beer garden, but it was permitted. And then he was asking for another kiosk to be approved to sell German Christmas merchandise, I believe. I'm a little fuzzy on that, but there were definitely only two kiosks that were approved and permitted at that time. All the rest were considered kiosk, which is doing business over a counter. That's basically what that means. And since that time, things have changed over at the beer garden. And
have doors and walls and different retail businesses, which Mr. Troy said that he ‸ wanted to have retail stores. However, the city said, well, really, you are a kiosk, which falls in under the outdoor sales. So now we have gone from approved of two kiosk. Now we have retail stores. And I believe the previous owner, as you stated, had been operating without a tax receipt. So no variance was given then.
But then it says, what about the rest of the units that are out there that I don't know if they got any variances if they because they're not a kiosk anymore.
were considered accessory buildings. So we have a lot of different things going on here. And I think we need to get clarification and definition so that this doesn't happen ‸ to this young gentleman who is trying to do his best.
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okay, thank you. Um, what I would like to have is an assurance that we're not talking hard liquor because we do have a problem at night with some of our bar business. We've had cars go into buildings. Um, twice on 520 once in the
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And that requires then that the cocoa redevelopment agency has to put out money for additional, um, police. So these are my concerns and I can only say I really hope you have a wine bar, but I don't want the alcohol approval and I don't know why we have to go for the full process.
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can staff just comment on, um, how many kiosks are in operation there? And is this just because of a beer and wine license or is it for use of each kiosk being approved? I just ‸ wanted some history on that.
At the time when the property owner for 409 Illinois Avenue submitted for a special exception for the kiosks, he was requesting for four additional kiosks. There was
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I forgot the name of the previous business, but yeah, it used to be they're selling beer, but it was just part of the restaurant and the restaurant does not require a special
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whole process took place. But since we've been working with the city, we caught the, you know, that the special exception was not submitted. And that's why we requested with the previous owner for to comply with code and submit for a special ‸ exception. And, uh, the other kiosk is my understanding. All
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I have a few questions. Um, so in 2018, the four kiosks that we're talking about. Are, were approved to be used for the German restaurant and they were part of the German restaurant. And now, and the rest of the kiosks, which were, I believe there's a total of 12.
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I finish. Okay. Okay. So the four, which is one of them is now. Now under this was part of the original part to the, to, um, ‸ to the beer garden. The others are considered short term leases and rental sales
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But is it also now because I'm sure your lease is more than 30 days, correct? Okay. So are we changing that as well for this particular kiosk? And when we change this kiosk, so then are we also, I think that needs to be considered because it is no longer part of the beer garden.
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Kiosk should be for sale of retail items only, not other types of business use, such as personal business services. Kiosk can be used for the sale and serving of food, but may not be used for the preparation food. Kiosk hours of operation should be limited to not early or later than the restaurant in order to provide access to the restaurant ‸ restrooms facilities.
Any changes in the use of the principal structure, including to a different type of restaurant should result in the aspiration of the special reception. The owner of the property should be required to provide adequate trash ‸ receptacles for both ‸ individual kiosk and for the operation of the site as a whole, including the kiosks and restaurants.
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Lease term that doesn't affect long term lease term though. Right? Or I mean like. There's minimum lease terms on condos for 30 days, but you can still run it for two years.
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day by day and what they didn't want was, you know, just like, you know, garage sale things going on in that area. So, uh, it also was, let me keep reading because I highlighted it where the
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But that's the minimum, but there were, that's the minimum. There were no longterm leases. So my question still remains this piece of property in the beginning was all part of the beer garden. Now it is no longer part of the beer garden. The gentleman does have a longterm lease. Are we, do we need to have a special exception for that as well? Because it changes.
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Then I would like to propose that we change the wording of the special exception to read a two COP, a two COP licenses for the facility that wishes to sell both beer and wine on the premises and package sales and allows and sealed containers
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Okay. So that's, I'm suggesting ‸ I would at least allow the applicant to comment on that condition because that is a new condition. Um, so I don't know if there, if he has any objection to that.
Well, okay. So, but, but what I'm asking for, he's, he has currently a two COP, a two COP allows him to ‸ sell beer and wine. It also allows him to sell packaged beer and wine. That's what I want this to read. I do not want this to read a bar because then that indicates it's too open ended and then it could come back to bite us with, you know, uh, alcohol sales.
Mm-hmm. Yeah. So, I mean, I, I understand. And I think that the condition that you would want to impose is because we're not changing. We're, we're utilizing the language of the code, which is bar lounge. I think what you would want to do is add a condition that, that, that he be limited to the sale of, of beer and wine only.
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‸ I, I, what I, what I don't understand is, uh, it seems like the issue is whether or not I will start serving alcohol and whether that will be an issue
Oh, I understand that part. Let me just, uh, if I may, I'll, I'll help fill in the gaps for you. Uh, it is my understanding from previously serving on this board and being in Cocoa village that if a piece of property has been approved for a beer and wine sales or alcohol sales, then even though you might leave, the property has already been approved with that special exception. And then someone else can come in and change that. And now if we leave these words in there
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the special exception is what is written in the code, which is a bar lounge. So my suggestion to you and is that you add a condition. Right. Correct. To the, to the special exception of a bar lounge, that it be limited to the sale of beer and wine only.
Now the city also said that we have the option of allowing him extended time. Correct. In getting all the rest of the paperwork in, because it seems like he bought this business and then kind of turned around and it wasn't what he thought it was. So is that up to us to decide how much? Like what the deadline is for. He's operating.
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The condition is that, um, it would be a two COP license for the facility where he's able to sell his beer and wine package sales with sealed containers of beer and wine.
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Thank you. We had two cards from, but I think they've left. Okay. And they were for ‸ the postponed motion. So do I hear. ‸ They were for the postponed motion. Right.
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And so we'll need to select another date, possibly the 13th of November or the 19th. So I'll send out an email about it at some point and get that squared away.
All right. I just have one more, uh, uh, quick request. Is it possible for us to get our packages any earlier than what we're getting them? This package didn't earlier. Yes, ma'am. Because
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Transcript revision built 2026-10-27T12:05:45 · 4,223 ordinary words, 1,456 in suspect passages, 85 machine re-recognized.
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