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What the City's record shows
Draft minutes printed in the City's agenda packet of 2024-08-27; approval not found in the records on file (the meeting that received these draft minutes was 2024-08-27).
Built only from this meeting's draft minutes (645_CC_Reg_Packet_08_27_2024.pdf). Page numbers are the minutes' own. Discussion is in the minutes' text; it is not summarised here.
Attendance (the roll call)
The minutes' roll could not be read for this meeting.
Adopted actions (5)
to approve the Special Exception in accordance with Appendix A, Zoning, Article XI, Section 13(C) (6) and Section 22(F) of the City of Cocoa Code to allow for “a bar or lounge, with or without a package store” to operate a beer and wine bar, to incorporate the 6 written staff recommendations and to … (moved by Weeks, seconded by Dyar); PASSED 4-1; ayes: Weeks, Dyar, Quattrocchi, Butler; nays: Shaia — the draft minutes
to approve the requested Waiver from the City of Cocoa Code, Article XII, Section 1 (D)(8) of the City Code, regarding off -street parking, for approximately 6 parking spaces to incorporate the 3 written staff recommendations and to include findings from staff given in the staff report (moved by Weeks, seconded by Dyar); PASSED 3-2; ayes: Weeks, Dyar, Quattrocchi; nays: Shaia, Butler — the draft minutes
to Deny the Variance request from Appendix A, Zoning, Article XI, Section 22 (I), Design Districts and Building Types, to allow for an 8-foot reduction to the required 10-foot side yard setback and 3.6-foot reduction to the required 10-foot rear yard setback for an accessory structure on a single- … (moved by Shaia, seconded by Butler); PASSED 5-0; ayes: Shaia, Weeks, Dyar, Quattrocchi, Butler; nays: none — the draft minutes
to approve the modification to a 25ft setback to a 15ft setback on lots 7 & 8 (moved by Weeks, seconded by Q uattrocchi); PASSED 5-0; ayes: Shaia, Weeks, Dyar, Quattrocchi, Butler; nays: none — the draft minutes
to adjourn the April 17, 2024 meeting (moved by Shaia, seconded by Weeks); PASSED 5-0; ayes: Shaia, Weeks, Dyar, Quattrocchi, Butler; nays: none — the draft minutes
Draft minutes, as printed in a later agenda packet
Draft minutes printed in the City's agenda packet of 2024-08-27; approval not found in the records on file (the meeting that received these draft minutes was 2024-08-27).
MEETING MINUTES
May 15, 2024
A R
egular meeting of the Board of Adjustment of the City of Cocoa was held on Wednesday, May
15, 2024 in the Council Chambers at 65 Stone Street, Cocoa, as publicly noticed.
I. OP
ENING MATTERS:
C
hairperson Shaia called the meeting to order at 6:00pm.
T
he Recording Secretary called the roll.
R
OLL CALL:
P
am Shaia Chairperson
Patricia Weeks Vice Chairperson
Kaitlyn Aliano Board Member
Robert Dyar Board Member
Dan Quattrocchi Board Member
Robert Butler Board Member
James Green Board Member
Kristin Eick Assistant City Attorney
M
EMBERS PRESENT:
P
am Shaia Chairperson
Patricia Weeks Vice Chairperson
Robert Dyar Board Member
Dan Quattrocchi Board Member
Robert Butler Board Member
M
EMBERS ABSENT:
K
aitlyn Aliano Board Member
James Green Board Member
OT
HERS PRESENT:
L
uci Ribeiro City Planner
Jennifer Webster City Planner
Kristin Eick Assistant City Attorney
Lori Chabot Recording Secretary
Abigail Bass Assistant City Clerk
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Board of Adjustment
Meeting Minutes
May 15, 2024
Page 2
II. APPROVAL OF AGENDA & MINUTES:
* M
otion by Vice Chairperson W eeks; Seconded by Board M ember Quattrocchi to
approve the May 15, 2024 Agenda as written.
A
yes: Shaia, Weeks, Dyar, Quattrocchi, Butler
Motion Passed Unanimously (5-0).
* M
otion by Board Member Quatt rocchi; Seconded by Board M ember Butler, to
approve the April 17, 2024 Minutes as written.
A
yes: Shaia, Weeks, Dyar, Quattrocchi, Butler
M
otion Passed Unanimously (5-0).
III
. OLD BUSINESS:
None.
IV. NEW BUSINESS:
A. PZ 24-0040001– Zoning Verification Letter Appeal (430 Cox Rd.)
A
n appeal relating to a zoning verification letter issued for a vacant lot in the Manufacturing and
Industrial District (M-1), particularly related to a proposed regional trucking and parking facility.
The 9.8-acre property is identified as 430 Cox Road, Cocoa, Florida. Tax Parcel ID: 24-35-26-
00-757. -Postpone to next meeting
Lu
ci Ribeiro presented the item and requested the Board pass a motion to postpone to the
June 19, 2024 meeting.
* M
otion by Vice Chairperson Weeks; Seconded by Board Member Dyar to postpone
the item to the June 19, 2024 meeting at 6:00 PM at Cocoa City Hall.
A
yes: Shaia, Weeks, Dyar, Quattrocchi, Butler
M
otion Passed Unanimously (5-0).
B. P
Z 24-00000009– Sp ecial Exception (638 Brevard Ave.)
Consideration of a Special Exception request pursuant to Appendix A, Zoning, Article XI, Sec 13
(c)(6) and Section 22 (F) of the Cocoa Village Subdistrict of the Cocoa Waterfront Overlay of the
City of Cocoa Code to allow for a “bar or lounge, with or without a package store” to operate a
beer and wine bar. The property is identified as 638 Brevard Ave, Cocoa, Florida. Tax Parcel ID:
24-36-33-85-*-A.
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Meeting Minutes
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Page 3
Luci Ribeiro, City Planner, presented the item via PowerPoint.1
C
hris Hyskell, 638 Brevard Ave, Cocoa, the applicant, presented a small video to the board.
The video included testimonials from citizens of Cocoa and included a decibel reader video
to show the noise in his establishment does not go over the noise ordinance that is currently
in place.
C
hairperson Shai a had everyone who planned on speaking stand and be sworn in all
together.
Cyd
ney Maksymow, Cay Civil Engineering, and civil engineer for the project, made the
board aware she was available to answer any questions as she did the planning for the
establishment.
C
andance Rogers, 93 Delannoy, Cocoa asked the board about the parking situation and
was confused as to why he was referring to the parking he had listed that was available for
extra parking as that is currently under discussion to be sold. She believed it should not be
included in this item. She asked for more information to be provided in reference to the
parking and why parking and square footing would need to be changed. She pointed out
that when it used to be the barber shop that it worked for them for all those years. She also
made mention of the noise and said someone should go in and actually review the noise
and where it travels.
She wanted to know if the applicant checked with the city before proceeding with his plans
or if he did construction without any approval from the city.
M
s. Ribeiro reminded the board that when the application was analyzed they reviewed the
use of the location and what is needed. She said due to the new use of the establishment he
would need a waiver for parking due to the new business that is being proposed. She
advised Ms. Rogers that Mr. Hyskell did submit plans to the city before doing anything on
the property and had two meetings discussing changes.
C
hairperson Shaia reminded everyone that we were not yet discussing the item pertaining
to the parking situation.
P
at Chambers, 37 Derby Street, Cocoa, asked why he would provide anything to the city
when he already did what he wanted. She also asked about restrooms and about building a
wall for privacy and wanted to know how they had people attend before the open house .
She said that was putting the cart before the horse and the board should look at how the
applicant is doing things before approval. She advised the board she is not in favor of the
noise that will be affecting her house as the establishment is across from her house.
A
ttorney Eick re -explained that the Board of Adjustment is required to make decisions
based on competent and substantial evidence . She advised that “competent” evidence
1 Exhibit A Board of Adjustment Special Exception 24-271- 638 Brevard Ave
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Board of Adjustment
Meeting Minutes
May 15, 2024
Page 4
means evidence provided by an individual qualified to testify on that subject. Florida law
requires expert testimony regarding the potential impacts of noise.
G
wenette Sinclair, 640 Brevard Ave., Cocoa, asked the board about the bathrooms being
handicap accessible and asked about security and how it would affect where she lives. She
informed the board that on the day of the open house she could hear the music in her house
and she is on an interior apartment with her windows closed. She advised she works from
home and wants to know if the noise is going to affect her working capability.
A
lex Greenwood, 640 Brevard Ave., Cocoa, informed the board that this project does not
fit in with the City of Cocoa. He said the issue is they have experienced this before and all
the things that could go wrong. He spoke on behalf of two other people who were not able
to attend. He advised that for 40 years Cocoa Village has seen nothing but growth up until
recently. He said the new applicants are bringing negativity into Cocoa Village. He stated
the decibel reader is not accurate as other places in Cocoa Village have music that already
shakes the floors and windows and stated during the open house, he was experiencing that.
H
e provided a packet to council to show that the noise ordinance is not being enforced. He
said he worries if the owner sells after the variance is set it could be sold to someone who
does not respect the laws of Cocoa and could not be a family-oriented company. He advised
to council that in two years we will have a hotel and other large multi -million-dollar
businesses. He said this could cause issues for the new way Cocoa is heading.
B
oard Member Quattroccchi asked if the variance and special exception stays with the land
even if ownership changes.
A
ttorney Eick advised that is correct . She informed the board that if it is granted even if
ownership changes the new owners get to keep the variance and special exceptions granted
to it.
C
harles Steinberg, 640 Brevard Ave ., Cocoa, advised the board that a special exception
request needs to be proven that it is needed before asking for one. He said the applicant
shouldn’t assume it is their right but he said them opening before approval already shows
they believe it is their right. He advised you have to accept what you have when you bought
it as is instead of changing zoning. He stated that they should not be open and operating
without approval and this should not be allowed.
To
m Wasdin, 29 Riverside Dr ., Cocoa, said this new business is just north of his current
business. He has over 30 residential units. He said this business affects people sleeping and
their well-being. He said he doesn’t have a problem with the business just a problem with
the location.
N
ancy Maloney, 1167 N. Indian River Drive, Cocoa said she is a property owner in cocoa
village for over 20 years. She said she is flat out opposed to this business and said it is
completely wrong for the community. She said it is a very serious issue and related the
DRAFT
Board of Adjustment
Meeting Minutes
May 15, 2024
Page 5
business to a marriage saying that is easier to ask forgiveness than permission as the owner
has moved forward with whatever he wanted instead of asking for permission. She said
value will be lost in the surrounding properties.
A
ttorney Eick asked Mr. Greenwood for clarification on whether his letter should be
considered for the special exception or another agenda item . He explained it was related
to the issue of noise. Attorney Eick asked Mr. Greenwood about the letter, specifically that
it was dated June 2022. Ms. Eick clarified that the letter did not specifically address this
special exception application or the proposed business.
A
lex Greenwood advised the board that the letter he provided has 45 signatures saying that
other members of the community are against this business. He advised it covers noise and
other issues from previous issues but it still pertains to todays issue at hand.
C
hris Hyskell said he understands other bars in the area do exceed the noise ordinance and
does not think he should be punished due to others faults. He said everyone started in his
position and is just asking for fairness to be gra nted to him. He stated he doesn’t want to
work against the community but with the community.
C
hairperson Shaia asked about licensing and ab out the open house having beverages
without any licenses.
T
he applicant said nothing was sold everything provided was free.
C
hairperson Weeks asked if some of the noise could have come from the craft fair si nce
the day this happened was the same day as the craft fair.
T
he applicant advised a lot of the noise and traffic that day was coming from the craft fair
and that would not be a normal day to day basis.
A
ttorney Eick touched on the public comments and explained to the board that special
exception uses are permitted uses and that the burden of proof is not upon the applicant but
would be upon the City or based on competent testimony presented to demonstrate that
adverse impacts will result from the proposed use in order to deny the application. She
also stated competent evidence requires expert testimony for subjects such as traffic
impacts, property value impacts, noise and light pollution.
A
lex Greenwood said the craft fair was not causing the noise and said his location is less
than 300 ft from the church and alcohol should not be allowed to be sold.
C
harles Steinburg said in the article 17 in zoning code what it stated in the burden of proof
and that the board needed to make a written finding before they can grant special exception.
A
ttorney Eick said the burden of proof she stated is supported by case law and she would
be happy to provide that to him if he would like.
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Meeting Minutes
May 15, 2024
Page 6
* Motion by Vice Chairperson Weeks; Seconded by Board Member Dyar to approve
the Special Exception in accordance with Appendix A, Zoning, Article XI, Section
13(C) (6) and Section 22(F) of the City of Cocoa Code to allow for “a bar or lounge,
with or without a package store” to operate a beer and wine bar, to incorporate the
6 written staff recommendations and to include findings from staff given in the staff
report.
Ayes: Weeks, Dyar, Quattrocchi, Butler
Nayes: Shaia
Motion Passed (4-1).
C. PZ 24-00700001– Wai
ver (638 Brevard Ave.)
Consideration of a waiver from Appendix A, Zoning, Article XII, Section 1 (D)(8) of the City
Code, regarding off-street parking, for approximately 6 parking spaces for an existing barber shop
on one parcel in the CBD -CVO (Central Business District - Cocoa Village Overlay) Zoning
District. The property is identified as 638 Brevard Ave, Cocoa, Florida. Tax Parcel ID: 24 -36-33-
85-*-A.
Luci Ribeiro presented the item via PowerPoint.2
Chris Hyskell, the applicant, clarified that the salons and barber shops downtown do not
have parking and said a lot of the traffic is from foot traffic because there is not a lot of
available parking options. He advised he would try to give bike ride transportation to
customers.
Ms. Ribeiro advised the board that the bike transportation was not mentioned in his
application and that it was not a part of the item as it was her first time hearing of this.
Chairperson Shaia asked that when the property was bought in 2021 was the intended use
to be a bar.
Mr. Hyskell advised this was not the intended use and due to the nature of the inside of the
building he had to brainstorm and come up with a new concept for the space.
Mr. Greenwood said it was a previous doctors office at that location. He advised that the
statement that was said that it couldn’t be made a parking lot was incorrect. He added that
it could have been graded and changed.
2 Exhibit B 24-269 Parking Waiver
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Board of Adjustment
Meeting Minutes
May 15, 2024
Page 7
Mr. Steinburg said they applied for a waiver to turn the parking lot into their business
instead of using the actual establishment. He stated he is concerned by the city and board’s
focus without taking the citizens concern into consideration.
Ms. Sinclair said she owns a business near the location and the parking lot in discussion
has been used for parking for 15 years and doesn’t see an issue with why it can’t be used
anymore as a parking lot. She also wanted clarification on how it ’s going to be used as a
dog park.
Cydney Maksymow, engineer for the project, said the gravel in the parking lot would cause
issues with parking requirements. She also touched on how many feet are required for
driveway entrances for parking and said under the code it was not feasible.
Chairperson Shaia said it was already used as a parking lot and asked why zoning would
have to change.
Ms. Ribeiro said if the use of the building would have stayed a barber shop it would have
been fine but since the use of the building changed a new permit would be required for the
parking lot.
Mr. Wasdin asked for clarification of what exactly is being proposed in the item and how
much parking is needed for 49 people which is allowed in the establishment.
Mr. Steinburg wanted to clarify the application he read and said the waiver stated parking
needed to be eliminated by approving it to a patio to make another business. He said he
doesn’t think it’s being made in good faith as he’s relying on a lot down the street for
parking when he had perfectly good parking.
Attorney Eick clarified if the choice was to close the barber shop s ince the board already
approved the bar and lounge , meaning that there would be no need for parking. She re-
explained what exactly was being asked in the item.
* Motion by Vice Chairperson Weeks ; Seconded by Board member Dyar to approve
the requested Waiver from the City of Cocoa Code, Article XII, Section 1 (D)(8) of
the City Code, regarding off -street parking, for approximately 6 parking spaces to
incorporate the 3 written staff recommendations and to include findings from staff
given in the staff report.
Ayes: Weeks, Dyar, Quattrocchi
Nayes: Shaia, Butler
Motion Passed (3-2).
D.
PZ-23-00800002 – Variance (638 Brevard Ave)
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Meeting Minutes
May 15, 2024
Page 8
Consideration of a variance from Appendix A, Zoning, Article XI, Section 22 (I) of the
City Code, Design Districts and Building Types, to allow for an 8-foot reduction to the
required 10-foot side yard setback and 3.6-foot reduction to the required 10-foot rear yard
setback for an accessory structure in the Cocoa Waterfront Overlay District. Tax Parcel
ID: 24-36-33-85-*-A.
Ms. Ribeiro presented the item via PowerPoint.3
Mr. Hyskell explained that they had to build or lose the property. He said they were
receiving false information from outside sources. He said he attempted to call the M ayor
and everyone he could to receive help and guidance in what he needed to do. He presented
a presentation to the board.
4
Mr. Greenwood said he’s been in the building construction business for 40 years and the
precedence being set here is not appropriate. He stated you can’t build it then go back
without permission. He stated he opposes this completely.
Mr. Steinburg stated this is a classic case of trying to get their way around getting a permit.
He said this makes another unpermitted property being permitted after they already went
ahead and did what they wanted first . He stated the applicant created the problem then
asked for a variance to fix a problem he created.
Vice Chairperson Weeks addressed the applicant and stated modifications could be made
to accommodate the posts and keep the green turf.
* Motion by Chairperson Shaia; Seconded by Board Member Butler to Deny the
Variance request from Appendix A, Zoning, Article XI, Section 22 (I), Design
Districts and Building Types, to allow for an 8-foot reduction to the required 10-foot
side yard setback and 3.6-foot reduction to the required 10-foot rear yard setback for
an accessory structure on a single- story commercial building lot in the Cocoa
Waterfront Overlay District based on staff recommendations and to include staff
findings.
Ayes: Shaia, Weeks, Dyar, Quattrocchi, Butler
Motion Passed Unanimously (5- 0).
E. PZ 24-00700001– Wai
ver (638 Brevard Ave.)
3 Exhibit C Board of Adjustment Variance 24-270-638 Brevard Ave
4 Exhibit 4 Board of Adjustment Visuals
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Page 9
A waiver request from Appendix A, Zoning Article XIII, Sec. 19 (1) of the City of Cocoa
Code to waive the requirements to provide stormwater retention facilities to retain the
runoff of water resulting from a ten-year storm event. The property is identified as 638
Brevard Ave, Cocoa, Florida. Tax Parcel ID: 24-36-33-85-*-A. WITHDRAWN
F. PZ 24-00800001 – V
ariance (3071 Oxbow Circle)
Consideration of two variance requests pursuant to Appendix A, Zoning, Article XI,
Section 19(F) (2) to allow for a 10-foot reduction to the required 25-foot front yard
setback. The properties are identified as 3071 Oxbow Circle. Tax Parcel ID: 24-35-12-
25-*-8.
Ms. Ribeiro presented the item via PowerPoint.
5
Joseph Scales, the applicant, provided a presentation via PowerPoint.
6 He showed his
plans and why the setback reduction would actually be beneficial to the location. He
stated it would allow more spaces for small businesses.
Chairperson Shaia wanted clarifications on the parking and if it was being moved to the
back.
Mr. Scales advised the parking will be in the middle and it allows more room for
emergency vehicles to turn around in the back and have trash moved to the back.
* Motion by Vice Chairperson Weeks ; Seconded by Board Member Q uattrocchi to
approve the modification to a 25ft setback to a 15ft setback on lots 7 & 8.
Ayes: Shaia, Weeks, Dyar, Quattrocchi, Butler
Motion Passed Unanimously (5- 0).
G. PZ 24-00800001 – V
ariance (3081 Oxbow Circle)
Consideration of two variance requests pursuant to Appendix A, Zoning, Article XI,
Section 19(F) (2) to allow for a 10-foot reduction to the required 25-foot front yard
setback. The properties are identified as 3081 Oxbow Circle. Tax Parcel ID: 24-35-12-
25-*-7.
V. OTHER BUSINESS:
Board of Adjustment Open Discussion
VI. NEXT MEETING DAT
E:
5 Exhibit 5 Board of Adjustment Variance 24-272-3071 Oxbow Circle
6 Exhibit 6 Grissom Ridge Commerce Park Grissom Work Bays Lots 7 & 8
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Meeting Minutes
May 15, 2024
Page 10
The next meeting date for the Board of Adjustment is June 19, 2024.
VII. ADJOURNMENT:
* Motion by Chairperson Shaia; Seconded by Vice Chairperson Weeks to adjourn the
April 17, 2024 meeting.
Motion Passed Unanimously (5-0).
Ayes: Shaia, Weeks, Dyar, Quattrocchi, Butler
There being no further business the meeting adjourned at 9:10 P.M.
______________________________________
Pam Shaia, Chairperson
______________________________________
Abigail Bass, Assistant City Clerk
Agenda (the City's wording)
The City's agenda for this meeting is on file (BA_Reg_Agenda_05_15_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.
610 suspect passage(s) marked in place; inspection incomplete: language review; 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 20 voices separated from the audio.
50 short machine repair(s) (54 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 and whether a voice was detected where the words are. Not completed: language review.
A second, independent machine reading was compared with it word by word: the same words for 91.9% of 27,461 content words.
Dotted words (576 places) are ordinary wording differences: hover or tap to see the other reading.
610 passages (25% 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.
Inspection is incomplete: language review.
Voice detected, no words recognized (1 stretch). Something may have been said here that the transcript does not have:
03:08:55 (7 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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there was a question. So I want to make sure that anybody that wants to make a comment tonight's agenda, please feel free to fill out that comment card. And as soon as Ms. Weeks can take her chair, we'll start. Thank you. Thank
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In front of you, you have the agenda for tonight's meeting. It's the short agenda. I think it says referred to. There is a correction on the back page of your agenda under other items. A typo where it says
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Thank you. In a second. Thank you very much. All in favor? Aye. Aye. Thank you very much. All right. Moving on down. We have no old business. And we do have new business. I need a motion to approve the postponement to the next meeting of item A zone verification letter approval appeal for 430 Cox Road.
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beauty salon and barbershop since 2007. The proposed business will partner with other local business to provide food to his customers. So the location does not have a kitchen. He is not proposing a kitchen and is only for beverages. And so he will partner up with other local business to provide food for ‸ to its patrons. So the zoning for this property is under the Cocoa Village. Waterfront overlay is a CBD CVO central business district Cocoa Village overlay. And
the unchanged building gross floor area are exempts the applicant from needing to provide additional parking spaces. So as similar to other business in the CBD under CBD CVO they're not required to provide parking spaces if there is no change in the building footprint.
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Staff recommends approval ‸ the special reception in accordance with appendix a zoning article 11 section 13. C. 6 and section 22 F of the city of Cocoa code to allow for a bar or lounge.
The special reception should not be effective until the applicant has secure all the permits and approvals necessary for any development related to the special reception.
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large or expanded additional special reception approval should be required. The outdoor capacity authorized with this approval is limited to 49 people. The site plan included as exhibit E should be binding open the applicant except that minor modifications may be may be made during the site plan review process to conform to the city code or life safety ‸ requirements. The applicant should conform to the city of Cocoa noise ordinances. The maximum permissible sound level in a commercial area is 65 DBA between 7 a.m. and 7 p.m. and 60 DBA between 7 p.m. and 7 a.m. 60 DBA is the volume of a normal conversation.
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So if, for example, the board doesn't approve the waiver for these six spaces, um, the applicant could perhaps provide a parking off site, right? So I just want to suggest a mod of a slight modification to that condition.
Okay, so. Council. Attorney. How should the best way to approach this would be to these are going to be voted on separately. So we'll go with B first and then I have cards. So, uh, does the applicant want to address the, uh, uh, just the special exception for the beer and wine now, and then we'll go into the next one, which will be, uh, the six parking places. And then there's one more,
I have cards. Uh, does the applicant want to speak first or do you, do you want to go to the cards? If the applicants here, yes, sir. If you'll come in, come up to the podium, please.
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so that's why I couldn't send it to you in the first place but it's only it's pretty short so I can show you and ‸ show you is that okay so everybody gets a chance to see it sure
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Everything looks great. Cocoa can really use a place like this, a family spot, a mom spot, relaxation spot. I think it's going to be wonderful for the city, for
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or anything crazy like that. We've actually taken several sound readings all the way around the community. And while the sound, if I crank it all the way to exactly 65 decibels, of course, that's right in the middle of the patio. You go outside the patio, it's more like 50 or less. So I know a lot of the concern is going to be tonight about the noise.
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open house here that was happening on last Saturday during the Parks and Crafts Fair. We had residents from the closest adjacent residents came by, and
But she said, you know, no issues and that, you know, some people have concerns with the sound, and we're here to say, we are not going to be that. We're not going to be crazy rock band, smashing beer bottles, bar. I actually don't even like to call it a bar. It's really kind of a ‸ family friendly, mostly games first. You can see the green patio there, the grass in the middle there. It's going to be water
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Yes, and just a suggestion, since we have a lot of folks here, you might want to swear in everyone as a group. So they can also, you know, if they intend to testify, they can stand up and just be sworn as a group. Sure. I like that idea.
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[00:22:11]Speaker 13 (name not verified) · Unclear audio
[unclear audio — 0:01]
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I'm a civil engineer with K Civil Engineering for the project. So, I did the site plan development and site plan package for the farm bar here. And I'm available to answer any technical questions that you might have about the project for either this item or the two subsequent items, the parking waiver and the variance request. So, I
just had a quick question. Can I ask was that was all a parking lot, right? It was all impervious already and then they added the impervious with the pavers or I'm just curious.
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[00:23:01]Speaker 13 (name not verified) + overlapping voice
are 14 feet. So, technically, yes, you could fit six cars back there, but it was not consistently utilized for parking other than for the people that worked at the parking shop facility. But, yeah, so, and the, actually the impervious area was decreased with the, with the paper addition since the, the middle area there is that, um, is pervious astroturf and we added the, the stormwater retention swales along the outside. So, we're actually providing less impervious area now than, uh, than was previously there.
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if there's no unchanged to the building footprint is not required for the new business for the existing business. ‸ It was calculated based on the chairs. So there are three chairs for the barbershop. So
Okay, so originally we were not using square footage when that building was built to say you need to have X amount of slots. Instead we based it on three chairs for the barbershop. I mean I understand why ‸ if you haven't changed the building itself then you would be carrying forward with what was approved but I'm told that we're not using what would be the square footage of the actual building. But instead I don't know who decided that it would be based on three chairs. Now we're also saying that we're adding
in the backyard. And therefore, we don't need to provide parking slots for those who would be attending that. But instead it would be based off of three chairs for six slots which they are asking a waiver for.
I mean not surface but street parking east of Florida Ave. We have 292 apartments that will be having access to Florida Ave right at our borderline. So I'm kind of concerned because we keep giving variances for parking and it's just I don't know where we're going to get it as we're expanding the village.
So we have two uses there. One is this thing and the one that is a new use that is being proposed. And so for the existing use that was the barber shop and I believe it for the research that I did it was used as a beauty. So hair salon and professional offices since 2007. Um we try to um we recommended to the applicant that he requested a waiver because
the new use. And during that review process we came to the conclusion that he would need the parking waiver for the parking spaces that are being eliminated. He would need the special reception to operate the
with his site plan review. ‸ So the way we see it we see is two separate business existing business and a new business that is being proposed. So when we say that we count the parking spaces based on the chairs that the barber shop has that's based on their code. So we have an off street parking section in our code that actually um is determined by use.
we base our six parking spaces. ‸ And uh for the CBD CVO most business there are similar business there are outdoor um that have alcohol sales or are similar uses in the same zoning district they do not have to provide parking if they're not changing the footprint for the building
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residential use they will have to provide parking. And that will be analyzed by staff when that new project is accepted through a site plan application process. It will be with review and it will be addressed then.
Okay, I understand what you said. I'm just saying that either we need to maybe update. Because here we have people going outside and having another business even though within stuff.
so on and so forth. So there you know I don't know it's it's like a little hot mess. Uh but I don't want to spend all my time on it. I'm just not in favor of just what three or six slots ‸ does not seem to match with the usage. And I think the usage is more important at this point. But I don't want to waste all my time. Okay,
so that's I just want to highlight that this part of the code the section of the code is just for commercial. That's what I was trying ‸ just to clarify is just for the commercial use if it is
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Um, I would prefer that a person who is actually goes in and says this is the level that you're allowed. This is where you can place your outdoor speakers. There's a easy enough for noise to travel many, many blocks in different directions the way you would not even understand. But I think that also should be addressed because I can hear music from where I'm at and I'm on 520. And it's coming it's emanating from the south end of the village. Just wanted to point that out. The other thing is, um, did, uh, what's did Mr. Haskell ever consult with staff before building or coming into any of these? Um, because I'm not against businesses. I'm just want to do things to be up and up and controlled and not have people waste their money.
the use that he's proposing. We also had another meeting after his site plan amendment application to discuss ‸ the waivers that he would have to submit and acquire for him to move, uh, to a site plan amendment approval.
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I forgot for a second. And then the variance for accessory structure that we also going to discuss today. There were stormwater concerns then he was going to submit for a stormwater waiver, but those concerns were already addressed in review by the city engineer. Okay. And so, yes, we did sit down with the applicants and his, uh, engineer a record to discuss.
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of the brats. But that's all I have. And I'm not in favor of giving a full license just for the record, just beer and wine, not for a package store. Thank you.
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[00:34:59]Speaker 15 (introduced as “Pat Chambers” — machine-transcribed, not verified) · Unclear audio
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[00:35:38]Speaker 15 (introduced as “Pat Chambers” — machine-transcribed, not verified)
Okay. Um, you said you're opening at the end of the month and that was an open house. Why would you have me open at the end of the month if you don't have permits to operate like that?
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We're assuming positive intent, right? Going forward, trying to open a place to...
[00:35:55]Speaker 15 (introduced as “Pat Chambers” — machine-transcribed, not verified) · Unclear audio
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[00:35:59]Speaker 15 (introduced as “Pat Chambers” — machine-transcribed, not verified)
I mean, you spent all this money knowing that this is... ‸ You said you need beer and wine in order to make it work, correct? For financial solvents. Yeah. So what he's asking for is a waiver on the beer and the wine, correct?
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[00:36:22]Speaker 15 (introduced as “Pat Chambers” — machine-transcribed, not verified) · Unclear audio
[00:36:25]Speaker 15 (introduced as “Pat Chambers” — machine-transcribed, not verified) · Unclear audio
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[00:36:33]Speaker 15 (introduced as “Pat Chambers” — machine-transcribed, not verified)
My windows rattle. Call the cops. They go down there. It's at 10 o'clock at night. And they just ignore it. So what's to say that it's not going to happen again? And do we really need another place serving liquor or beer and wine in the village? We're becoming a tattoo and beer and wine village is what we are. And I live here. I've spent a lot of money on my house.
[00:36:58]Speaker 15 (introduced as “Pat Chambers” — machine-transcribed, not verified) · Unclear audio
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[00:36:59]Speaker 15 (introduced as “Pat Chambers” — machine-transcribed, not verified)
I want to live in Mayberry. And that's why I moved to Derby.
[00:37:04]Speaker 15 (introduced as “Pat Chambers” — machine-transcribed, not verified) · Unclear audio
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[00:37:05]Speaker 15 (introduced as “Pat Chambers” — machine-transcribed, not verified)
quiet, ‸ nice... Something to come home to.
[00:37:09]Speaker 15 (introduced as “Pat Chambers” — machine-transcribed, not verified) · Unclear audio
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[00:37:10]Speaker 15 (introduced as “Pat Chambers” — machine-transcribed, not verified)
Now at seven o'clock at night, can I come sit home on my front porch and not be
[00:37:13]Speaker 15 (introduced as “Pat Chambers” — machine-transcribed, not verified) · Unclear audio
[unclear audio]
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[00:37:13]Speaker 15 (introduced as “Pat Chambers” — machine-transcribed, not verified)
listening to their music? That's all I have to say. Thank you.
Thank you very much. I would like to ask the city attorney to address the noise right now because there seems to be a lot of questions on the noise. Would you explain how that works for everyone in the room again? Thank you.
Um, so the Board of Adjustment is required to make decisions based on competent and substantial evidence. And, um, like we've talked about with the Board before, competent evidence means that the person who's giving the testimony is qualified to make that, um, to give that testimony.
and requires that, um, an expert, uh, provide testimony about, um, the potential noise of a development or a particular use. So, um, just need to remind the Board of that.
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[00:38:27]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
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[00:38:40]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
Okay. Well, I was,
[00:38:41]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified) · Unclear audio
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[00:38:44]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
was a very private person. But I am here. So, uh, one question I have is about the bathrooms. Uh, are they accessible for handicapped people? One. Two. I am concerned about the noise. I'm also
[00:38:58]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified) · Unclear audio
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[00:39:03]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
we share a border. And I'm concerned about people that are his guests coming through into our parking lot. And I do know when the construction was going on, all of his workers and their gear and stuff was in our parking lot. Which kind of surprised me, but I don't know the details of how or why that happened. And I'm also, uh, would like to say that on the day that they had the open house, I was inside my unit, which is several units away from the border, our shared border.
[00:39:36]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified) · Unclear audio
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[00:39:39]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
I had no windows open and I could hear the open house music and the clapping. So, I'm concerned about the noise exceeding, uh, as they do at other bars, the criteria that they're supposed to obey. And that there'll be no response and we'll have noise creep as the decibels increase. I don't know if I'm expert enough to testify as to what decibel it was in my house, but I could hear it. And, um, I work there. It's a studio, uh, it's actually a work studio and I have another resident. But in any case, I'm there a lot of different hours because I have clients around the world.
[00:40:17]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified) · Unclear audio
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[00:40:20]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
So, I have very odd work hours that I need to be able to focus and concentrate and I'm concerned that won't happen. It's one of the reasons I chose to be there, I think, 13 years ago now. So, um, those are my main concerns and also I'm not certain, like previous speakers, that we need more liquor served in the village. As for the parking,
[00:40:41]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified) · Unclear audio
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[00:40:49]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
to come into the village and sit there, kind of seats and not have that be part of some kind of parking requirement. I understand the code. I've read the code.
[00:40:57]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified) · Machine re-recognized
I've
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[00:40:57]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
heard what you said. It just doesn't make sense that that's how we do the math.
[00:41:02]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified) · Unclear audio
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Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 00:41:02–00:41:17 · unresolved: the words are not shown (unclear audio); listen to the recording
Thank you for letting me come before the board, uh, chair and the rest of the board members. Um, I don't want to repeat some of the things that's already been said, but, uh,
peg trying to fit into a square one. It just does not fit. Um, what the issue is, is what we've experienced for almost four years, how it could go wrong. Um, and, uh, before I go into it, there are two people that have not been able to come here and they'd like me to, uh, expound on their concerns as well. So would I be able to speak and share what their concerns are and not be limited to the three minutes?
um, CRA for the downtown Cocoa, uh, village area. And that was when I was on the council. And since I got the approval, they asked me, Hey, go back and see if
has succeeded because of what it was three or four years ago for almost 40 years. The reason that this is coming up now is because there are some people that, uh, applied for a variance and they got it approved. We didn't have some of the negativity that we now are experiencing when that variance was approved for another business. Uh, as far as noise decimal readings and all that, I'm sorry, but, uh,
when we hear the floors vibrate and the noise in our units and all that is when it's actually further away from this location and the decimal meter readings, uh, once they're above 63, we start hearing it that far away on Derby street. Uh, so
the people talking, things like that. And if you live in a house and you have a neighbor and you have a front porch, you already know that you're not really right there with your neighbors, but you hear almost everything that's going on. And that's
Flag: numbers, amounts, negation or names differ between the machine readings · 00:44:32–00:44:37 · unresolved: the words are not shown (unclear audio); listen to the recording
that has this picture. And if you look through it, you will see where, what was stated earlier by Pat, people calling and complaining if the music is too loud and here we are two or three blocks away.
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readings being too high. It should not be a citizen against a business. It should be the city enforcing the ordinances. If they had done that, then these people would probably be granted the variance that they're asking for, which they're the variance is basically, I want to change the zoning. But putting the cart before the horse, I mean, they, the construction was started without getting any approvals from the building department.
They're already having people coming by. And I'm glad they did because that made it obvious that I'm just living too close. And so is everybody else that's concerned about it. Now, in addition to this that I had given copies of to you, the two businesses there, one already has a case against it. It's
Now another one's been added. And there's been no resolve. It's a, they're still violating the ordinance. Here's another thing. A variance like they're asking for here now. Very nice person. Speaks well. Dress well. Family man the whole bit. He can sell the business. And you know what happens? Variance goes with it. His position of being family-ordinated, all these beautiful accolades, okay, that can change with the wrong person going there. This is a very serious thing that we need to consider.
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‸ This is residential area, okay? So what I'm trying to say is, was that my five minutes? Yes, sir. Okay. Well, I'll have to rush it. But I can tell you now that the commercial property group, that the majority of them are here. They own property here. They have big investments here. It consists of a guard kind of judge, two attorneys, CPA, long-term developer that is retired and has a large apartment building next door. Two bars are against this also and several merchants. And a past Board of Adjustment member is a member of the commercial property group, and he's in the building. So there's issues here that this cannot work. There's too many negatives to it. This should have been left like it was, and the parking is a lot bigger, even though there's explanations for it. There should not be this issue coming up for approving this variance. It just does not fit.
$500,000 and up. How is it possible for that to be developed when you could potentially have in your backyard a house you paid half a million for and you can't enjoy the backyard? ‸ You won't be able to sell anything on that property. Okay? That's one example right there. There would be a loss of value. And that will really cause concerns. Because now attorneys are going to be involved. They're going to say, you
Flag: words were replaced by a machine repair · 00:49:17–00:49:18 · machine repair: words replaced where two further machine readings agreed (not checked by a person)
lose value with my property and da, da, da, da. I mean, it can get bad. I have more to say, but I'll go ahead and excuse myself. Thank you for the extra time.
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recess? Yes, ma'am. Okay, Charles, will you just hold your thoughts and we're going to take a five-minute recess? I'm sorry. Thank you. Thank you. I didn't realize we'd almost been here an hour. So we're going to take a five-minute recess.
Kristen or Lucy, Alex mentioned something that, uh, and what he was talking about, um, that a special exception or a variance always stays with a property. Is that, is that the case? Or, or is there not? I, I thought from years of doing this that there were things that if the property does change hands or does sell, that they have to come back before to get, or, or updated
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the owner. Now there may be other, uh, licenses, for example, like, um, ‸ you know, alcohol, uh, license, um, liquor license, not liquor in this case, but I think it's CO2.
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that is is granted as a right. They have to prove that they're entitled to it. That's why it's called a special exception. The burden is on them to show that that it that they meet all the requirements in their application. And there is a definition of a special exception in the city code that says that it would promote the public health, safety, welfare, morals, order, comfort, convenience, appearance, prosperity, or general welfare I
have to take into consideration the neighborhood and the people that are already there. They're coming in and asking for an exception. It's not their right, and they don't need to act like it is their right, and apparently they are, if they already are doing things before they're even granted the permission from the city. The city has to look out for the people that are there and what's in the city's interest and
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Anonymous, across the street. It's been there for years. These people bought this property ‸ in 2021. They have to take it as it was at the time, not change it to what they want it to be. And on the issue of variance, and we'll come to this, they have to show an actual, they have to show what's called an unnecessary hardship, and they can't buy that hardship. And the city attorney knows this because I know this because I've sat in your chair and I've
then say I want to change it and I want to change the zoning because I want this business that's not the way it works, and that's exactly what's going on here, is they're
variance by coming in later. They have to accept what they got when they bought the property, and they know it. They're operating the business outside of the building, and they're trying to skirt the parking in issues that way yet they're going to have seating for 49 people I mean that is a sham And they should not be getting away with that and then they're going to burden the rest of the area with the parking because of the people coming in there's more I have to say on this but I have to tell you that we're doing you know that you have to look at this from the point of view of the area, the code and the people that are there and not the them getting a business. Thank you.
this letter did the applicant. Did you receive a copy of this? No. Okay. Can you get a copy to him? Please? I'll save the rest of my comments and before you deliberate good
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speak against whether they get the beer and wine exception I'm going to speak against the other things but since I was called I'll come back and do that later but listen I appreciate the city of cocoa village or cocoa I've been living here nearly 20 years my wife and I could live almost any place we
village. Excuse me. We bought 24. I've got to make me a speech too many times. But anyway, I'll come back and speak to that later. But I do appreciate the pro-business approach. I don't have a problem with the business. I have a problem where it
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‸ the microphone I am a property owner on 112 Derby Street this was the old St. Anne's retirement home I've been there for greater than 20 years, holding that property and then tearing down the retirement home when it was no longer useful and it became a problem here for the other residents I'm just gonna ‸ say flat out that I am vehemently opposed to this and I am a contiguous property owner it is in my opinion so wrong for our community on so many levels. This goes beyond the noise issue, beyond the parking issue, beyond the garbage issue. This is a very serious, in my view, issue. And if you could relate this to number one, a marriage where one of the spouses might argue it was easier to get forgiveness than to ask for permission. That is the first thing that goes against the grain here. That, the ‸ gentleman who spoke seems like a nice enough person, but he has in
without permission, not only permission from the city, but permission from the community who is vehemently opposed to this, as contiguous property owners, we,
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established here we have many people who's made significant investments in Derby Street and in the surrounding areas because of the nature of the community. There, the nature of the existing, structures, the nature of the existing
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the individuals that are already there who've been contributing to the community, who've made significant investments in this community with their property and I am vehemently opposed to this going forward on all three levels for those reasons Thank you.
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mr. Greenwood would are you asking for the board to consider this letter for the special exception or you're saying that's for another item that we're hearing tonight
I apologize for the confusion and I didn't have enough time to explain it when I was last up because there was more I wanted to say that other paperwork that you're referring to miss
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45 that are against this that are people that live within that 500 radius that's what that's about so if if I can address it when a next item comes up I just wanted to make sure you all understood there there's nobody that I know that supports this idea in the 500 radius
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we cannot address the noise. Okay. We can only address on this board. Correct me. But the only thing we can address is the three items that are presented in front of us. Okay. The zoning and so forth. Okay. But
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right and that's when I spoke earlier it had mentioned that it fails that system of keeping the noise levels down does not work it's not enforced and that's why I gave the other paperwork earlier to you
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others necessarily but I'm also committing to you and committing to the community and I think I've been quite open about that about being able to control the volume at my particular place well within the limits of the city ordinances I will absolutely comply and I know that, you know, that's one person's voice. ‸ But, you know, if you put yourself in my shoes 40 years ago if someone came ‸ there and said hey I don't think you should build you know an apartment complex or build a commercial building on this thing because of some of these same reasons, these people wouldn't have businesses nearby mine either so I'm
says you know I've tried everything I can to comply with it really the the the purpose behind starting my particular backyard venture here was that, again, the parking lot really wasn't, couldn't be a parking lot at all. It's not permissible by the current standards. So we would have essentially a mud pit in the back, which which doesn't provide anybody any better use.
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of course and there's a lot of other traffic going on in there so I'm providing a safe place for that and for children as well so you know I built this place not necessarily for my own benefit for but for, you know, to pass down to my children. So they can have an investment just like you all did as well probably with your children as well that that grows in value over time too so I don't want to battle the community I'm not trying to do that at all I want to work with the community hand in hand to solve any sort of issues that they may have I know there's a folks vocal here but also on the other side of the fence I've
in the morning you know we haven't even addressed a lot of the things that's going on there but I'm going to be offering like yoga lessons in the morning. It's not going to be a bar. It's not going to be a place to get rowdy and drink and throw things and, you know, like some of the other bars that are around here. It's a place really for the community to come and gather and do their community things in a safe
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crew over the last year or so really we're maybe going to have an acoustic guitar maybe there's not even really a it's kind of a tight lot so I don't really have a place to even put that so
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the village that have parking, it's like a goal. you know You sell a building, you have a building, you're like, man, this comes with six parking spots or I got eight parking spots normally that's like
on her one or two ventures into there actually bottomed out in there uh because it's it wasn't a parking lot at all it was kind of a gravel pit uh a lot of temporary
there and if I try to turn that into a formal parking lot, uh the aperture that is accessed from the street does not meet the standards whatsoever so there's a lot of issues with even having it being a parking lot uh I
turn it into a parking lot And again, uh my inspiration for having this is not necessarily to provide parking for the building's kind of an awkward layout I'll just say that it used to be a podiatrist office so there's all these little mini rooms in the back uh that's not conducive to a lot of uses but what I did have is a nice open space where, you know, part of the planning mission, you know, that support unique architectural development for the city and I'm trying to do something good for the city by providing a safe space for kids and dogs to play and that's where I saw the real benefit for this particular area um and I think it looks very nice. um
bamboos anybody by getting permission and then selling it to someone else. This is really going to be my legacy, just like you all have your legacies on your property and uh that's how
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I don't intend to keep that music loud this really is supposed to be a place for kids and families to play, not for a place to come and listen to loud live music so the type of uh you know the music that I have been playing consistently for the last I don't know a couple times of testing speakers has been low acoustic music for the most part um Saturday was kind of a little bit of an exception because there was a lot of people up and down the street there, uh requesting different things. And so we were just trying to test things out. But again, from
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was it was we just have the gate down. Normally, ‸ there's a chain gate there that says keep out. But we were just giving a preview of the property. That's it just passing out waters.
street and uh towards the south end of the village there seems to be usually pretty uh ample parking and uh I'll kind of refer to uh the barber shop with this is the corner of the barber shop there I mean there's never really been any sort of parking issues, right? uh They've been there three years through
uh I can attest ‸ that to you I've never had an issue parking there and uh how I've tried to structure the hours to be neighborhood friendly is to again,
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the music low low low and uh a lot of the traffic I guess we'll talk about the parking issue in a little bit but a lot of the traffic coming in I don't expect to be cars uh we have apartment complexes going up which is great and I expect that to be a lot of uh foot traffic coming in um I've also told the city that I'm going to have a bike rack put in so I'm committing to you know be pedestrian friendly biking friendly and uh the third thing I'm doing is to provide an electric rickshaw uh that actually comes down to the north end and picks up customers and bikes them to the south end so I'm trying to really minimize any sort of uh vehicular traffic in there as much as I can
I just want to highlight the um uh city staff uh in our analysis through the site plan amendment uh in through the review for the previous uses for the beauty salons, and hair salons, that even if the parking area in the in the back of this property was not uh up to
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it was utilized as a parking area for the business, for the building. So even though it was a gravel area not developed, it was being used as a parking. And that's why staff requested for the applicants submit for a parking waiver for the six parkings they're going to be eliminated.
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a type of permitted use. And the burden of proof is not on the applicant. ‸ is actually on the city or through testimony that's given to show that uh by competent and substantial evidence that the special exception is adverse to the public interest. So it's sort of presumed that that um special exception is, it's again, permitted use. And it's it is incumbent upon the board to find that there's actually evidence in the record to show that there will be adverse impacts in order to deny it. So I just want to make that clear um at before you start to deliberate. um Also, going back to the point about
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ones we've talked about before. Transportation or traffic impacts um value or property value, um noise and light pollution. Those are all things that the courts have recognized require expert testimony. um So I just want to make that clear for the board as well.
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7 p.m uh it goes to 60. So I think that's probably why it's, uh ‸ listed as seven. But, but just to be clear on that item number three, I think what I discussed with the city is no live amplified music. uh not that I couldn't have any music at all. Correct.
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Yeah. So, well, the the criteria there, there would be, they would not be above the 60 DBA. And that would be as you know, as ‸ a conversation to compare to. So if
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be above or below that. So I just want to make clear to the board that we set this criteria based on the code. So we cannot determine yes or no with the light music because if it is above the 60 dba after 7 p.m then it will be in violation of the special exception condition
clarify. So the, the special exception condition that was included in the staff report and that was recommended says there shall be no amplified music after
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of a of of a conversation and therefore it i you know we don't know how you would have amplified music and still comply with the 60 dba i think that's that's the the reasoning um if
I ask when you say amplified music does that mean you can't just have a radio playing or it doesn't come through the speakers i'mI'm not quite sure what you mean about amplified music
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uh in reference to ‸ the noise from the craft fair, that that was not what was causing the noise. That's something that you could get verified with the other people that are here, but
incorrect. It is less than 300 feet away from the corner of the Derby street church chapel is less than 300 feet to the front of this business. in reference to the beer and wine that is incorrect that it's 500. So,
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special events here at the riverfront because we do have another church because it follows a different part of the code does not apply for this zoning ‸ specific zoning. You are correct. If it was another zoning and is 300 feet for alcohol sales. For kava
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to make ‸ regards to special exceptions. And I refer the city to Article 17, Board of Adjustments, Powers and Duties. You can look at it in your zoning code. Section one
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special exceptions. and it says before any special exception shall be issued the board of adjustments shall make written findings certifying compliance with the specific rules governing individual special exceptions and that satisfactory provision and arrangements have been made concerning the following were applicable and a b c d e f g h i j k It's all listed in the application that you have to make a written finding that all of that, every one of them, when applicable, has been complied with in order for a special exception to be granted. So, it's uh you know, i take I
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But this is what the code says. I'm just reading from the code. And this is what I, you know, ‸ my understanding is that we're bound to follow what the provisions of the code are. And uh so that's my point of clarification. I'll
just respond. um The uh burden of proof that I mentioned, it is uh supported by Florida case law. If you would like, I can find the case for you. um But uh more importantly, the
support the board's decision. In your motion, you are, you can um simply incorporate the written findings of staff that are in the staff report as your written findings.
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willing, you may want to modify that motion to include that you are incorporating the written findings of the staff report. Okay. um If the maker of the motion is willing to do so. Yes, ma'am. Okay. Will you ‸ move? you bet.
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the fact that it stays with the business. I know you don't have any plans to sell it, but everything can be purchased and bought. And I know your intentions are well, but
[01:33:43]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
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The applicant proposes to construct an outdoor patio bar called backyard at the rear side of the building where a previously in improved gravel area was used as a parking lot for the building in the barber ‸ shop In accordance with article 12 of street parking and loaded regulation section 1 D 45 B provides the demolition or removal of a building existing as of August 10 2004 and replacement of that building without the provision of additional parking will be permitted as
over the original building square footage. This section indicates that eliminating existing parking and loading spaces to accommodate an additional business is not permitted by the code. As a result, the applicant was required to obtain a waiver. The
‸ minimum of a 12 foot driveway with three foot flares on each side located at a minimum of two feet away from the properly line where the driveway does not meet minimum right away permit and safety standards for access. So as part of our way to waiver analysis we conducted additional analysis to the physical conditions
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and also the economic challenges due to the proposed business concept the applicant won't be able to operate without the space use as a parking area. The
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maximum available for commercial use. The stormwater analysis was done by the city engineer public works director of by Abigail Morgan and she revealed the changes in grading drainage in stormwater. As
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waiver should not be effective until after the applicant has secured all the permits and approvals necessary for any development related to the waiver such as cycle and approval such permit should be obtained with the six months of the board's ‸ approval. The applicant should in car incorporate a bicycle rack in the site plan application design any other conditions deemed necessary but the board of adjustments. And I just wanted to highlight that the
but maybe having people transported by bike or something that was never discussed ‸ with staff. And any modification that is done for his concept because his site plan is still under review. It has to be reviewed by staff and ‸ has to follow code. So I just want to highlight that.
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there being used. Uh, so we've kind of gone back and forth about, uh, whether these parking spots have been eliminated or added or what we can do to, uh, you know, mitigate any sort of that. But
it's, it's just an electric rickshaw concept where to, to sort of try to mitigate the cars on the street right in front of the building. Most of the traffic seems to be centered around the north end of cocoa village near Thornton park and those restaurants surrounding there. So instead of trying to bring those cars from the north end and put them on the south end, we try to limit the cars entirely by picking up from neighborhood communities in, in a free electric rickshaw and a rickshaw just being like, uh, electric bike with a trailer that might spin around to the apartment complexes and pick up folks as, as a means of keeping cars off the streets entirely for the entire city, not just for my building. So that was an option that we threw out there trying to think of. Um,
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So not the entire property, you know, it was going to be, you know, the retail, uh, and or salon at the front as it's always been. But then the back half of the building has really been an awkward conversation. How
They used to be a doctor's office room. So essentially they're just like eight by 10 or eight by 12. Uh, they have concrete walls between each one of the sections of the room, because as the, the podiatrist who had owned there, uh, had expanded his practice. He
this particular environment? Uh, really the outdoor space was the best use in keeping with the ‸ planning mission of unique downtown development. Uh, so that that's where the concept of having the dog patio bar concept ‸ came in is that seemed to be the best use for the property in general, uh, to take advantage of the outdoor space and not just, uh, have it continue to be kind of a problematic mud pit. Um,
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lot in the back there is incorrect. Uh, even though it bottomed out when you drove into the driveway, you just basically grade the property and do the striping. And the ‸ parking in the rear was utilized for years. I mean, quite a few years. It's not a situation where it wasn't conducive to parking. Not
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Uh, my understanding. When a person buys a piece of property, they buy it subject to the existing zoning at the time that they buy it. And if they're buying the property and then they're intending to make it into something that is not permitted, uh, and then they come back later and claim that they have this problem, which existed at the time they bought the property anyway. The law, my understanding is, and I know this applies to variances. You cannot buy a hardship. Now I'm very, uh, a waiver is maybe a slightly different issue, but they applied for a waiver for the existing business of a barbershop. With the intent. Of turning it into, of turning the parking area into their business. Not the building. The building, of course, is part of it in the sense it has bathrooms and whatever. But the
area. So. I'm just concerned about the focus of why the board and why the city does what it does with regards to granting waivers and variances and every special exceptions that we have to take into consideration the concerns of the community. I'm not feeling it. Uh, and I think that that's an issue because it's obvious what's going on in the sense that the parking waiver is requested in order to facilitate a business that is not, that was not permitted at the time that the purchase of the property. And when we get to the variance, it's the same thing. When we get the variance issue, they're buying the problem and then saying we have a problem. And that's not what the law and there's case law on that and the
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[01:46:12]Speaker 13 (name not verified) + overlapping voice
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[01:46:16]Speaker 13 (name not verified) · Unclear audio
[01:46:25]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
I'm going
[01:46:26]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified) · Unclear audio
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[01:46:27]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
I
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[01:46:35]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
I've been there for 13 years and it was used extensively for her for parking for many years. That's the first thing. Um, and I'm confused about again, how we can approve a business that's going to bring 49 people in and have no parking. Uh, that doesn't make any sense to me. Uh, also, I'm a little concerned about the continuing
[01:47:01]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified) · Machine re-recognized
mention
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[01:47:02]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
by the applicant of a dog park and the implication that ‸ the area is it's a dog park and a public play park. Does
[01:47:10]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified) · Unclear audio
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[01:47:11]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
they can come in without buying anything or being a customer? Two,
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[01:47:18]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
are the dogs going to do their business? Which is what dog parks are about. I have seen the area. It has artificial turf in the center and cement blocks and all the other areas. So I'm not understanding how that's dog friendly. Thank you.
of the back area of the site as a parking lot. So we all know existing conditions of the site are that it is a gravel area. If someone were to come in and try and pave that area, they would have to go back through the site plan approval process. And in doing so, we would not have been able to meet any of the parking requirement, not any of the parking requirements, but the minimum driveway width is 14 feet for a one way drive and 24 feet for a two way drive. There's only 15 feet between the existing building and the property line, which is not conducive to a 14 foot driveway. So we would have had to come back through and gone through the variance process to get waivers to amend the parking area to fit the needs of the site as is. And
[01:48:46]Speaker 13 (name not verified) · Unclear audio
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Since we're increasing the pervious area of the site, we have been able to provide all the adequate stormwater retention for the back area. But if we had just come in and paved it and turned it into a parking lot, you wouldn't have been able to do that. So we would have been seeking a stormwater waiver as well. So there, it's not as simple as simple as just, you
you could have paved it and it would have been a really nice parking lot. I mean, you could have, but you would have also had to go through a lot of other processes as well. Um,
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a parking lot. So when you come in with a new site plan, submittal and staff can inform me if I'm incorrect, but, um, you have to meet all the current requirements of the site. So
Well, if the, there was no change in the use for the property, if it was, we were still talking as a barber shop hair salon, they did not have to come to planning zoning. They would have
may not have to come. No, they will hold, they will go through the building permit process for the improvements on site because they already have a driveway and an access there. So, okay. So
if they're not really, um, proposing any changes of use or any changes that would increase the footprint of the site would not have to come through a site plan application through us. So we go through straight with the building department for the building permit. Yes, ma'am to and then they will have to follow zoning code requirements through the building permit. We do review building permits as ‸ far as you know, um, if
you know, if there's anything that is related to the building. But I just want to make it clear that for the fact if they decided to pave that area, it wouldn't have to come to ‸ planning zoning for a site plan amendment. Okay.
rooms that they would have liked to use for something else. So if we had come in with a change of use and said, okay, it's no longer just a barber shop, it's a barber shop and we would have had to come back through planning for that if we were to pay that
[01:52:02]Speaker 13 (name not verified) · Unclear audio
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lot, he would not have to come forward to get any additional requirements other than going through the building, not from planning zoning, not through planning and zoning or the board of adjustments.
That is my understanding as if he had to comply to build to code, he would not obey codes because the code regulations change and are different for the entrance for the driveway. So if he had to build rebuild the driveway and require a right away permit and things like that, he wouldn't be able to comply with the new codes that we have. But if the property was left as is, there was, you would have not triggered from us aside from the amendment or any other requirements to change.
[01:54:57]Speaker 13 (name not verified) + overlapping voice
So if, if it, if someone, there's a lot of different uses that are allowed without going through the special exception process on this site. So if it was anything but a barbershop, you
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[01:55:07]Speaker 13 (name not verified) + overlapping voice
That's, that's all I'm saying. And then we wouldn't have been able to comply with the requirements without going through the, the waiver and approval process. And we would have also needed a stormwater waiver. That's,
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It's specifically for them and they've operated very well for the last three years. Uh, very well love barbershop. A lot of people, uh, come and visit them. So this isn't specifically to, you know, affect the backyard. This is to
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Well, and now at the Cocoa Waterfront overlay district, the exempt the business because there's no changes in the building footprint. So if you, there's no improvements, there's no changes in the building footprint is not required for the business to provide parking. That's for the commercial. If he's a residential, it will be different. But for commercial is not applicable. Well,
So we have different criteria that have to look at the, at a cold, like say for instance, if it was a restaurant and it was had to comply with, um, ‸ parking requirements. I believe is, um, just give me one second.
I just have to look because the criteria is, is based on the use for the property. What is the, the properties being used for? And that's how we do our parking calculation. So
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And that it will include, then we'll have an additional spaces for the employees on a larger shift. And if it was a fast food restaurant, if you take it for instance, a different type of restaurant would be based in the square footage of the building. So it
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uses and then based on the code, we're going to determine how many parking spaces is required. But I just want to highlight since it is the Cocoa village waterfront waterfront district. Mr. Norvalli is not required per code for this particular property
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spaces away and you need another 15 in the area that parking is limited already. If you say part of solid problem done there, go down there. See, my building, I have parking lots. And the history I had with the barbershop or when the beautician was there, they always parked in my parking place. And it's a lot. So I didn't have any place for my residence. And
a couple of cars that stopped that. So that is the parking lot back there. It has been for years. I'm just being practical. We've taken seven spaces available in that area of town. And we had the need for another 15 plus employees and all that stuff. So I'm ‸ being practical. You're taking away a lot of spaces in the area that we can't afford to lose. And parking is very limited there. And then the place across the street, a lot of people park there now, but that's going to disappear. And
Now the second, there's a setback. You know, I have the property to the north. And that building, you can see the red lines over my building really. And that's where they want to waver on a setback. And I dis opposed that because I want to get that noise maker forward with my properties. I can, I certainly don't want it close.
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the application. It says, and then this is, if you look, if you look on his waiver petition. And it says the site is existing parking behind the building to service the barbershop that currently operates out of the building period to use the outdoor space for another business. And
So that's what's going to happen. And then the next paragraph at the last sentence is by improving it to a patio, they are able to create another business. I, the, the whole purpose of eliminate, of getting the waivers, eliminate the parking, which is being used. And, and the barbershop doesn't, I mean, it says the, the barbershop current tenant does not allow patrons to park there and they're only using
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And now you're creating a situation where you're adding, you know, the 49 seats and additional parking burden. And, and he's relying on a lot down the street that's going to be developed. So I don't see it. And you buy a piece of property with the existing use based on the code that's in the force and don't then decide you're going to change your idea and then say, I have a hardship. That's the next, I know that's the next argument or I need a waiver. That's this argument.
I don't think that, you know, that the, the comments are addressed towards the barbershop, which I think this is the waiver for the barbershop. Uh, so I just want to make sure that was clear and there's a number of other businesses that changed hands fairly frequently along Brevard Avenue. Uh, one of them I can point out is called the patina, which is a very well loved coffee shop and different things. It
So that's a change of use. I don't think that had to get a waiver for parking. Uh, you know, they seem to change over very quickly. I'm not entirely sure, but I'm just kind of seeing that in a downtown environment. I don't think it's expected to have these businesses come along with their own parking or the ability to even build the parking. Uh, I've limited space on my lot, just like everybody else does downtown as well. Uh, and, and it's a, it's an all of us problem. Absolutely.
Uh, but do any of us have the ability to build, you know, a 30 story parking garage to solve it? I certainly don't, uh, well in the city might, but, uh, but I don't. So this is specifically for a building that's been there for several years operating very peacefully and well loved. And I hate to see it closed just
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sorry. And any business that would come in there, let's say that the barbershop had to go because of this, any business that came into the front half of my building would still have the same issue. And that's what I think everybody along this, the cocoa village area has is if they change use, they would have to get this waiver. Um, I'm not sure how many people go for the waiver and who don't, or if it's even noticed, but I'm specifically trying to do the right thing to get the waivers so that I can
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[02:07:38]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
I'm
[02:07:38]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified) · Unclear audio
[unclear audio — 0:02]
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[02:07:40]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
excuse me. I'd just like to clarify that if the waiver is
[02:07:43]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified) · Machine re-recognized
improved
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[02:07:44]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
it won't mean that ‸ the barbershop will close. It will mean that the barbershop has ‸ to continue to use the area behind the barbershop for parking, which means it will affect the newly approved wine and liquor or whatever that's back there. It won't affect the barbershop.
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I think to clarify that. So if the choice was to close the barbershop, they could, they could have, the board has already approved the special exception for, um, for the bar lounge. Um,
the rear, even though it was not developed in, even though it ‸ did not meet city code, it was being used as a parking to the business that was located. There's been located through the years in the ‸ doubt in this location. So for the new, it is a parking waiver eliminating the six parking is the six
we believe is this based on the chairs. Cause per off street parking code regulations for barber beauties is based on chairs. How many chairs was two parking spaces per chair? And since now we have a new business that's been proposed in the same property, the parking spaces will be eliminated to accommodate the new business. So even though it is a parking waiver for the barber shop is still related to the new business.
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So say for instance, we were discussing a different property in a different zoning. So what would it happen if it was outside the cocoa village overlay and outside of the CBD CVO and if they're adding a another use and so they would have to comply with the parking. They would have to provide parking for
because under our cocoa village waterfront regulations, we do have the provision that exempt business from providing parking because they're not changing the building itself. Then
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that gives them as you know, it is it has ‸ been analyzed for every building that every commercial property that has the same zoning. They also they don't have to provide parking. So that whole area
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beer and garden, the code does not require them to provide the parking. But at the same time, in order for them to operate and have this business at the rear side of this property, they are eliminating the existing that we believe is ‸ existing parking says parking spaces.
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things on this property. We have the special exception for the outdoor garden. So only beer and wine could be sold out there. And we have a building that is just a commercial building that is currently
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Yeah, but I just have to say like Chris had mentioned, if there's any changes to the barbershop, there is nothing that is going to affect the special exception for the
I just want to make sure now that we all understand there's two business, two separate businesses on this partial. That's correct. Okay. Okay. All right. Any more questions? Are we good? Do I have a motion for
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approve the waiver to, um, let me read it here correctly. Regarding off street parking for approximately six parking spaces for the existing barbershop. Um,
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I didn't speak on the, on the first one, but, um, I, I wanted the people who have spoken to, I wanted the people who had spoken to know, you know, I, I understand your concerns about this going in to your, your neighborhood there. Um,
the staff really looked at it well. I do believe that he will not be able to have music loud. And most of what is going on in Cocoa village is walking, not necessarily driving, uh, more
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especially with all the new construction down there that people are wanting to walk to where they go. They don't want to drive. Now people do drive into Cocoa village and they normally park out and walk in, but that is my thinking behind approving it because, um, I do, uh, I do like to see new businesses going in and bless you for outside because with the rain we get, I, I don't see a lot of evenings where you're going to be able to have a bar open out there. That's all I had to say.
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is requesting variance for the side yard in rear yard setbacks to allow for 12 accessory ‸ structures. The applicant constructed a paid patio at the rear side of the main structure installed canopies to create a sun shaded area without obtaining building permits. Five wood poses for the sun shades are located on the northeastern side and seven on the southeastern side and seven between the northeastern and southeastern sides for
foot setback. The city code requires an accessory structure distance of 10 feet from the side lot line and 10 feet from the rear lot line. The wood posts installed are considered accessory structures due to their semi-permanent state, thus triggering the need for a variance, especially for the sides and rear posts. No
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believes that before construction, the initial design could have been modified to comply with city setbacks requirements and there are no other variances granted on the surrounding areas that is similar to this request. The conditions and circumstances describe a result of the applicant actions. In fact, granting such a variance would also conflict with the city codes, especially appendix a zoning article 11 section 22 I three lot regulations under the regulating plan specify in no case should an accessory structure exceed the height of the primary structure of the parcel. The wooden posts
at a taller height than the primary building. So while we're conducting our variance in analysis, we just believe the request does not comply with the criteria required for variances, but also the applicant is in violation for the height. So the code doesn't specify the accessory structures are not permitted to be higher than the building. So
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building types to allow for an eight foot reduction to the required 10 foot side yard setback and 3.6 foot reduction to the required 10 foot rear yard setback for ‸ accessory structure on a single story commercial building law in the cocoa waterfront overlay district.
the planning process, we had a specific planner. We worked with very closely who was giving us positive information about things moving forward about the third round of comments. We had no clue that there
mean, just common sense would state that if you're going to put something in the ground just to hold up a sun sail. Is that an accessory structure? I thought never ever, but it is and I'm okay with that being as it is. Like I said, there was a situation where my contractor was holding my pavers and saying that if I didn't go forward with ‸ construction, they would take the pavers and use them for another project and I would be
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is my one and only thing that I do. And so unfortunately, we made a very hard decision. I called the mayor. I called the planning department. I called everybody I could to say, hey, I'm in a really tough spot here. I'm trying to do the right thing, but I also can't lose this because I lose everything. So that's why it was built. It was unfortunate and I don't want to ever be in that position again and I never will be, hopefully. But that's
So I'm not asking for forgiveness for that necessarily, but I'm saying that now that we've got an approval to operate and the parking waiver, the sun shades really those posts are there to hold sun shades to keep the sun off of people burning to death on the patio. So I'm
by expanding as much shaded area as possible. And that's why the posts were put towards ‸ the property lines as opposed to being inside the property lines going inside the property lines. You have my packet in front of you that I handed out earlier that show that my patio would essentially be almost cut in half. I'd use half of my shaded usable space if those posts go away. So
There wouldn't be any misters at all, unfortunately, which I think would be bad for everybody. Being that it's like, you know, a nice outdoor patio bar and things and we try to make it in line with places that were already operating like in Sanford and Orlando. And in fact, we had one of the planners from Sanford Orlando ‸ area as a consultation on this saying that they really wanted to see this supported because that's the way that outdoor areas are going is that young people, middle aged people want to be in these great outdoor areas. So let me explain kind of what you're looking at here. So in the ideal situation here, where we can maximize the shade, we have 23
fully lighted water cooled walkway. So again, the posts really are only there. They don't do anything else. They're not electronic. They only hold things up, hold things up for the benefit of safety for lighting, hold things up for shade, hold things up for those sort of activities. Um, and there's the seating plan that you've already seen there. Um,
uh, 2,900 square feet of shade space eliminated. Uh, the space for the kids and dogs, which is the whole idea behind this in the first place gets cut by 33% because I have to move those posts into the patio now to provide any sort of shade over the tables that exist there. So I'd have to lose eight seats
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the play area, which is the primary thing to do anyways, uh, now I only have five tables shaded, uh, five tables shaded means I only have 20 seats and that's probably a one way ticket to insolvency. Unfortunately, um, so outdoor areas require shade in the state of Florida. I think we all can agree on that. Um, I'm really just trying to provide a benefit for my customers. Uh, again,
denial of this doesn't mean that the bar closes or the patio closes. We could still operate, but we just be operating with hardly any space, which is not ideal for anybody, I think. So really the shades are in keeping with, uh, trying to do that innovative development, which is the planning cities or city of planet. Sorry. Planning department's mission is to, uh, encourage, uh, innovative urban development, which I think this is. This is,
oddly enough, the code says that I could, I could build a building with a zero foot setback so I could build a wall straight down those without any sort of setback whatsoever. So, uh, I think that'd be much uglier, much less functional than having a couple posts in the ‸ ground where all they do is serve to provide shade. So all the tables that you see there,
flip one more slide, uh, that setback now cuts my patio in half and flip one more. And there's the losses you see there. So again, reiterating what I said, I lose. I only really have about a six foot shaded walkway. Um, I lose all of my infrastructure above head, uh, which ‸ is really just lines that hold the lights and shades. And I lose a significant amount of shaded patio space. Uh, one
apartments that you see there on the left side or the north side. Uh, the shades were actually designed to keep eyes from looking up into those windows. So the shades as they are right now actually provide a visual barrier. Uh, if you move those poles in ‸ now, it doesn't have that barrier anymore at all. So
the patio or they'd be eliminated entirely, which means that we lose a ton of shade. Um, and again, here's the real life effect of moving those posts in with a lighter green, you know, cartoony type shading there is everything gets cut in half and really you can kind of almost barely walk through there. And I lose probably about 20 seats. That's what I wanted to share with you on why I think the exception should be granted. Again, it doesn't have anything to do with the operation. Uh, we've already said we can go ahead and operate. It's just now the optimal operation and having the posts up there moved in 10 feet. The posts would still be there. Uh, they
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I've been in the building construction business new and renovations for almost 40 years. And the precedence that's being set here is build it and then go back and get a permit. That's what this is sounding like. This
he's asking for these setback variants. He created this situation and now he wants to be supported by it. I've always been in the business to where you go get the permits done. You do your due diligence to make sure that it fits in the neighborhood that I want to build. I mean, this is completely opposite. What is the norm? I don't support it. And again, the list of information that I've given to you is about 40 or 50 people. That I
This has been an ongoing situation about ordinances not being enforced. That's the signatures that you've got. We have a problem where the ‸ the ordinances are not being enforced and that's what's causing all these concerns. Thank you.
they didn't get a permit and or do construction. The last thing, I mean, this is a classic, classic case of a, oh, I'm sorry that I didn't get a permit and built property. Now can I do this remedy that I still didn't have a permit for because I have this business that I want to operate outside of the building for which you gave a special exception. But his business is being operated on property that he improved without a permit. And now he wants to do something to get a variance in order to to solve that, but still not get a permit. So an unpermitted property is developed and then the business is operated.
you have to show a hardship in order to get a variance. That's case law. I cited a case. There's several cases on that council. I'm sure is familiar with the case law on that. And
variance because of it. And that's exactly what happened here, because when he bought this property in 2021, the permitted use was a barbershop or a beauty par. And that was the use and that was the zoning that attached and that everything else that attached to that. And
I'm just given the legal foundation for ‸ doesn't mean that you can come in. Do unpermitted construction, then request a variance in order to resolve that makes no sense. It makes a mockery of the whole code enforcement system. And I would strongly suggest you deny it. For other reasons, I'm next door and ‸ I don't want my ‸ setbacks encroached, but that's even before you get to that.
by making them squeeze into the little alleyways and leaving all this space unshaded seems quite unnecessary. Again, this place is for the community. I
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And I'm sorry that you didn't know about the post, ‸ but as far as the when I look at this, I think if you put the tables in the middle, move your posts in and put your green zone on the outside, that would solve your problem. Now, I know you've laid all this stuff out and everything in the post would have to obviously be shrunk down in size and moved in. But I mean, that that's my I guess I'm speaking and not so much asking a question, but isn't that a doable thing?
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I think what would get eliminated if you did that is, as you can see right in the middle there, there's yard games. Yard games require some space to play those yard games. And if you now split that green space up, you're really making these narrow channels where the dogs have no option but to kind of run up and down a single lane. I'm not sure that's terribly conducive to how dogs play and interact. And also on the game side of things, I
I learned after the fact and I know that's not an excuse, but ‸ this is the optimal design that we all came out with ‸ over a year ‸ planning ‸ this particular site. I
just wanted to say just to remind the board that he is not in there. So there's two issues here and the variance is to address one issue. That is the setback and why we're doing the analysis for the variance.
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Yeah, I gotta say this is a, this is an odd one. I, I've been for everything tonight, but I think this was an overstep. And I think that's been stated by the audience members as well. Like, um, and
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no point did either the contractors or yourself understand that this might not be something that flies within the city. Um, my argument with myself is that I don't see a real detriment here, but I do agree with the fact that now we're setting a precedent where people can go out and build things as they please. And
I would look for more board members to speak on this. The plan, as you said, it looks beautiful. It makes sense. Um, is it detrimental to the surrounding properties that the setback kind of thing? Is it true? The zero setback for, if it were to be a wall of a building, do we have any guidance on that? Would that be true?
that the, there is a zero setback for the buildings themselves, but there are accessory structure envelopes that are with, with setbacks that are provided for, um, in the, in the overlay. So the idea would be that, you know, you wouldn't have accessory additional structures or buildings that are also going to that zero foot, uh, lot line.
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the findings of the staff that the ‸ has to be redesigned or re-looked at and worked with the city planner city committee I'm waiting for the I have two eyes
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[02:45:34]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified) · Unclear audio
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All right. Thank you very much. sorry gentlemen we are now ready for the next thing on the agenda I do apologize ‸ Normally, my meetings on the last 15 minutes.
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the property owner wants to develop two parcels. So, it's pretty much two projects in both parcels. But since the variance goes with the land, we have to make ‸ the board has to make a decision based
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that was planted in 2005 the proposed development includes one building with approximately 10,476 square feet. The applicant is seeking a variance for a 10-foot reduction from the required 25
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to a 15 foot front setback as per appendix a zoning article 11 section 19 F2 of the city of cocoa codes who accommodate the offering of one building consistent of nine total work based on the property. So here we have the the property for the
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letter the desire implementation of the setback as required by the city code including the 24 foot foot front setback planning zoning set a final approval
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So based on our review of the application, according to the stringent evaluation criteria contained within the city code, staff recommends denial of a variance request from Appendix A, Zoning Article 11,
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I'm just kidding I did have a deck with with lots of notes and I'll try to paraphrase but I think it's going to be important that everyone in this room understand understand the circumstances around Grissom
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and just for a background everyone I developed the park in 2004 permitted it and of all the buildings in there I've built eight of those buildings I'm intimately familiar with everything that happens in the park everything that's under the park and everything that's vertical in the park so I think I'm well equipped to answer any questions and I'm well equipped I think to talk about what what we're
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that's me in a TV remote as well this is Grissom Grissom Ridge in case you all aren't familiar it's it's at the very end of Grissom Parkway in fact it's one of the last parcels in the city of Cocoa it's zoned to M2 and as
one of the benefits and or detriments is the setback I ‸ had planned on talking a little bit about the history of Grissom I ‸ don't want to get into the history in terms ‸ of building uses but what I want to point out to everyone here because this is very important this site has been an incubator for businesses for the city of Cocoa since we developed it every single business in this in this park right here has expanded since that's since starting in in in Cocoa and at Grissom and I've built a building associated with every business in there and I'm happy to talk about it and go through the history but I appreciate it's been a long night but suffice it to say that everybody out ‸ there is growing and continues to grow so
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one important factor for everyone to remember is the roadway that goes around Grissom is a private road that is not a public road that's maintained by Grissom Park and maintained by the ‸ people within the park I
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one of the the the reasons and I'm trying to again jump around and go quickly here for for the benefit everybody in here because I know you're tired so I'm going to jump ahead here's just some examples of some of the buildings that are out there the only thing I want to point out here is parking in all these instances are within the 25 foot set setback in particular Lucy you referenced this building this is a building that Lucy referenced is immediately west of our building and she referenced that the setback of that building was compliant it's not there's a permanent covered structure there as you see where the cars are parked out front that the
we've requested I can't speak to whether they did it with or without a permit but I will tell you we physically measured it today so it's it's we're not asking for anything that our neighbor doesn't have and
what's referred to on this older survey is 25 foot common access easement and then you'll see a 10 foot public utility easement at the front of the property proper and then the distance between the property line and the front curb is another 15 feet that's a private
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for the road so what I'm requesting to do is move the building closer to that public easement up front and the the the reason that I'm doing that one is the neighboring property enjoys the same benefit and two for the most part all the lots around the surrounding lots have been
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that I can see that that has any objection nor knowing all the folks that are out there everybody wants to see this property improved I want to go to the site plan because I want to talk about this a little bit the one thing that
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buildings but what we're not doing as a community is offering these work bay concepts that that foster this incubation that we're trying to that we're trying to encourage so what the concept for these particular sites I know we're only talking about one but they mirror one another is to bring in small businesses and give them the opportunity
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in doing so we put the dumpster in the back and we pulled all the parking from the front and put it in front of the building so that we tried to continue to maintain that landscape buffer I can go back and show you on the photographs if you'd like so
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the first time we wanted to maintain the ability for semis to make turns and back in that's not relevant here but that was that was the thought process at the time. So ‸ with the high cost of land, the high cost of construction, and higher interest rates, that makes it the hat trick for for success of small projects like this
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every square foot that we can get in there helps reduce that cost and encourage these small businesses to come in and play with the big boys. And so that's why we're
asking for the variance we're asking for the variance because our neighbor to the west enjoys it we're asking for the variance because it's an economic hardship to develop small work bays in today's environment but we want to do it for the city of Coco and
won't have ‸ amplified music I promise And there are no neighbors, effectively. Everyone's in the same business out there. And that's to grow and promote. And we
it's it's it's ‸ a little mixed bag and that we believe that what we've done with this site is satisfies um the need for these workspaces while not asking for anything that
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private road our neighbor has the same setback and we've accommodated the landscape buffering which is really important for a site on the front so that's that's my abbreviated spiel and I apologize for keeping you guys here ‸ happy to answer any questions and hopefully no one has any questions comments to oppose me so
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security and the other thing that I might add from a just a horizontal geometry perspective by pushing the building forward like we've done we provide the hammerhead we
yes ma'am each unit would have a roll up door a man door an office and a bathroom the intent is to to have work bays and I might add that there are certain restrictions in the m2 zoning as to what can be done in a work bay and ‸ we've supplemented that further in our uh in our in our HOA standards for the park so uh the businesses that can go in
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I think that's important important uh we're not going to have an oil changing facility we're not going to be cutting granite we're we're doing clean inside businesses giving folks the opportunity to start
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you know in today's economy you know that's important with park and everything like that but I mean is this like kind of uh ‸ I'm familiar with this plaza out here um would
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that's that's a very good question and I'll tell you I'll tell you what I know um the front parcels are for the most part they have a they have a commercial aspect to them as part of the m2 zoning uh so you see where pint and pistol is the ones that immediately to the north of that, which would be on the upside of the side are all semi commercial lots. In no case would they want or ask for a 25 foot setback. And in
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um the lot at the top that says Icon and New Suites, that's under construction now. So there is no 25 foot setback. uh Unbeknownst to anyone in here other than Lucy, ‸ she knows I'm about to submit a site plan for two of the of the four lots at the head. Two of those, I've got a site plan for a building that's not going to ask for a 25 foot setback. So that leaves us two
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back and they're about to come forward with a new site plan that is isn't asking for that either. So I'm not, you know, again, I can't attest to no one will ask for it, but I don't see that there's another need uh based on the uses that we have. We just have kind of a unique use that we we just really have to economize in order to make the financials work.
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[03:05:43]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified)
No.
[03:05:43]Speaker 16 (introduced as “Claire Sinclair” — machine-transcribed, not verified) · Unclear audio
[unclear audio]
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Flag: numbers, amounts, negation or names differ between the machine readings · 03:06:05–03:06:10 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 03:06:10–03:06:14 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings · 03:06:15–03:06:18 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings · 03:06:33–03:06:41 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings · 03:06:58–03:06:59 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings · 03:07:05–03:07:06 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 03:07:19–03:07:36 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output; a language review questioned the wording · 03:07:41–03:07:53 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings; the recognizer flagged its own output; a language review questioned the wording · 03:07:53–03:08:03 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 03:08:27–03:08:31 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings · 03:08:44–03:08:51 · unresolved: the words are not shown (unclear audio); listen to the recording
Flag: numbers, amounts, negation or names differ between the machine readings; a language review questioned the wording · 03:09:02–03:09:04 · unresolved: the words are not shown (unclear audio); listen to the recording