broke the rules already. I'd like to call this meeting to order for the board of adjustments for the city of Cocoa Beach. Would you all please stand for the pledge? I aliance to the flag of the United States of America and to the republic
for which it stands. One nation under God, indivisible, with justice for all. >> Thank you, Mike. Okay, I'll take a roll call. Thank you. Don Haynes, >> present. >> Ronald Bogger,
>> here. John Kabort here. >> Michael Goldberg >> here. >> Rick Anderson here. >> Carolyn Wallace >> here. Okay. >> Good. Got a nice quarum. Plus Caroline's here as an alternate. We got it made tonight. >> There you go.
>> Is there any disclosure conflicts this evening? >> Would you? >> No. No. >> Like with your email? >> No. other than I talked with uh one gentleman about the letter he submitted but it was just more or less about what
what he felt addressed in this letter. >> Okay. The next thing is there's no special presentation tonight. So the next thing is uh are there any public comments? >> I'm not nervous.
>> Not hearing any staff reports or announcements. staff reports and announcements. >> Thank you. >> Or maybe I'm not close enough or >> Yeah, you need to move it. >> I hear you loud and clear. >> I talk loud. I think it's all my life.
>> Thank you. Uh reports from staff. >> Sorry. >> None. >> Okay. Board member reports or announcements? >> Nothing. >> None.
re uh report from the board/county members. None consent agenda. We don't have one. Approval of uh first we have the approval of the December
>> 9th meeting and what was the other one? >> 413548 >> from the Wednesday December 17th. We need to approve the minutes. I guess we never did or they changed it. >> Yeah, they changed it. >> Okay, >> move to approve the minutes.
>> Okay, >> I'll second it. >> Good. All in favor? >> I >> I Good. Okay, we got rid of that one. And what else we got? Board of Richmond meeting. That's >> Well, unfinished business. Um, our first
meeting, we'll have to uh do an election of officers. And I think um we might want to do that after we're all done. Oh, that would be great. Why keep all these people waiting for us to do some in-house things? >> Right on. >> Thank you. >> Certainly. And
>> oh, I forget. And we also had a minutes from Wednesday, July 16th. >> Uh there was what a uh a mistake in these that we're correcting. >> There is a discrepancy there. I was listed as being here and I wasn't. >> Okay. >> Yep. So that's been corrected. >> So do we have to reapprove them?
>> Yes. >> Yes. >> Can we get a motion? Just move to approve. >> I second. >> All in favor? >> I. Okay. So, both our uh minutes have been corrected and voted on.
>> So, now we down to new business. >> Okay. Um I'll just kick this off um with some information about this hearing. Um this is case number um well the next item is for a public hearing for case
number PZ26-8 which is a special exception is authorized under table 2-33 watercraft launch facility motorized within section 2-33 permitted uses within the redevelopment district of the Cocoa Beach Land
Development Code to allow Cocoa Beach echo tours to provide motorized boat tours. Okay. Um, and we've already talked about conflict of interest. Um, none of you have any conflict of interest on this. Correct.
>> Correct. >> Correct. >> Okay. >> Correct. >> And, um, now, expart disclosure. I believe that um, each of you received um, an email and you've got a copy of it from a planning board member who who
raised some issues. So, y'all have those. >> Mhm. >> Um, are there any other exarty communications that you'd like to disclose? Has anyone talked with you about this? Did you drive by the property? Anything like that? >> I got I drove by. Couldn't get too close
because it was all flooded out there. So, >> okay. >> I attempted to drive by also. >> Okay. Anything else? >> Going by it for 60 years. >> Okay. All right. Okay. Um, so if any individual,
including the applicant, expert, staff, or members of the public who plan to speak or offer testimony during the public hearing, please rise and be sworn in. >> Raise your hand and state your name.
>> Do you swear to tell the truth, the whole truth, and nothing but the truth? >> Yes. Okay, everybody is sworn in and if someone changes their mind and wants to talk and they're not sworn in, you can be sworn in later when you come up here.
Um, okay. I'm going to talk about special exceptions. Um, the hearing that we're having today is quai judicial in nature, which requires our public hearing to comply with procedural requirements established in Florida law.
Quai judicial proceedings are less formal than proceedings before a court but are more formal than what we normally do in these hearings. Um we do have to follow basic standards of notice
and due process and decisions must be made based on competent substantial evidence. And please note that only competent, substantial, fact-based testimony or evidence will be considered by the board in its deliberations and
voting on this item. And I will note that um under the city code, a special exception needs to in order to pass needs to have four positive votes by the members who are sitting and there are
five of you up there. Okay. So, and um we're going to go ahead and open it with the staff presentation. >> Okay. So, this is case number PZ26-8.
It's a special exception as authorized under table 2-33 of the land code. Um, a watercraft launch facility motorized within the um,
gateway zone is actually permitted with only a special exception um, approval. Um, I'll show you the the property that we're talking about here maybe.
Okay. I can't make that. Okay. So, right here with the arrow, this is off of 520 right here. And here is the river. And here's the canal that they're talking about doing
the uh tours on, ecoours. And it's at this area of the uh canal on the commercial side of the canal. All right. And as staff, we have suggested to the
board um what conditions that we feel would be um con the same as what we do with everybody that has watercraft uh rentals in the city around a residential area.
Um and basically our our guidelines to the board that we suggested were uh must be properly registered, ensured and operate in compliance with the US Coast Guard regulations and acceptable state and local laws.
Observe idle speed in canals and designated areas. Limit the number of boats to one. Number of daily tours limited to three per day. number of daily passengers limited to 45.
Um tours shall be launched and ended year round during daylight and dusk. Um and that that would be consistent with what we've done with the other um watercraft tour boats in the city that
are in a residential area. Okay. What >> what's the other red arrow on the diagram? >> Um that was an the opposition lady um letter that I got from that the doctor.
So that's where she is. And um they're they won't even be going by her house, but I just wanted to show that. >> Could you elaborate on what's happening to the rest of the property towards the river? I don't know if everybody's aware of it. >> Yes. This area up here um is actually
going to be called the Drift. It's a drift project. Uh I believe there's something like 200 residential um buildings or apartments going in there. And down on the waterfront, there's supposed to be two restaurants as well.
>> The the petitioner on the special exception it says the petitioner is Glazner and Hansen. Are they also the property owners or is the property owner who is the petitioner the operator or the property owner or are they the same? >> No, the the owner is um with Fred Trust
for this area here actually is going to become the museum, right? The Wizard of Oz museum and the watercraft folks are actually going to be leasing that area from him.
>> Okay. What's the building with the blue roof? >> I think that's a Mexican restaurant, >> right? >> Yeah, Starbucks. >> Starbucks. >> Any other questions?
>> Yeah, you said the u suggestions was 45 passengers daily and they limit it to three tours. Are you thinking only 15 passengers per boat? >> No. >> No. That that's worded wrong. And this is just a a draft of what?
>> But they could have 45 passengers per boat three times a day, which could be like 130 people >> if Yes. If you guys >> We could change that. >> Yeah. >> I'm just asking what the suggestion was. >> Right. >> And what's happening to the formerly
Sunrise restaurant? I'm not aware of that. >> Is that part of the par is the sunrise restaurant part of the partial for part of the drift, right? That's going to go. Yeah, I do believe you're right. >> So, the draft language that you have for
uh the special exception, you said you were just mirroring previous similar special exceptions and we're free to >> Oh, yes. You guys can do whatever. I mean, what the um applicant asked for was um a lot more, but we tried to be
consistent with what goes on in other areas of the residential zones in Cocoa Beach. >> Um you Oh, Go ahead, John. >> It's adjacent to residential, but this isn't in a residential zone. This is >> Yeah, this is commercial gateway. Okay. >> Unfortunately, it's residents on the other side.
>> Yeah. Okay. And I think that's >> what you did not mention here was about the restrictions of uh boats and docking within that canal. >> I mean, isn't that an issue? >> No, there's boats up and down that
>> Yeah, but not tour boats. >> No, no tour boats as of yet. >> But isn't there a >> But isn't there a restriction on the size of the boats that can be docked there? >> Just what you can physically fit. Yeah, >> we've got some big boats at our canal, Rob.
>> No, but I understand, but it's still an issue of you can't take up the whole canal with a boat and it isn't a big canal. >> No. >> So, there isn't any consideration of that at all. >> Yeah, Cory, they're going to have to meet those standards. Even though they're not a condition, they'll still have to meet all the other standards in
the code that are applicable. >> So, yeah, that to your question to your to your point, Ron, I believe. So, okay. So, fair question. boats size canal. I'm not sure what what
what jurisdiction or what legally controls that. That would maybe be state law or who I'm not sure who who manages >> probably depth of the water. >> Yeah. But I mean there there are regulations about what you can fit into a canal, but I'm not sure that that city
>> excuses. I think the attorney wants to >> um I think it would be appropriate before we get into the weeds too much to go ahead and have the applicant make their presentation and any witness can please come to the podium and present the case and address and let us know who you are, what you are. >> Yes, the the applicant, his attorney,
anybody who the applicant wants to use to >> and I guess we do public question. >> Okay. Good evening members of the board. My name is Victor Watson. I'm a real estate attorney and I'm here tonight representing the applicant. Uh my address is 3490 North US1, Cocoa,
Florida. And um as has been described that my clients are looking to do an eco tour uh with the the one vessel at this point. Um they would be doing three tours a day.
Uh and we've we've heard what uh Mr. Hall has said about the the time and so forth and we can address that. This is in the uh gateway district. Um and uh you're trying to, you know, in
the redevelopment district, you're trying to provide a variety of activities and walkable settings to meet the needs of residents, visitors, and businesses. uh these uh you're trying to accommodate redevelopment, which this would be. You want to implement the gateway master
plan. Um and in the gateway um area, you want to provide opportunities to upgrade existing commercial districts to have destination so showcases with a wide variety of pedestrianoriented mixeduse developments and open spaces.
Um we feel that the uh applicant is doing that. Um as you've said this is a a commercial district. Uh these are all commercial uses around there. It's uh immediately adjacent to the Lantina Mexican
restaurant and the Starbucks. As you mentioned, there are other restaurants uh going in. Um the applicants have uh you know worked to make this um a good
use and compatible with the area. Um they'll currently have a 45 foot boat. They uh will eventually have another boat uh carrying 49 passengers. Um
the they will be uh coming through they'll be on idle speed. It's a four- stroke engine. It's quiet. Uh they will load on the parking lot. Uh the deck or the dock
has a gate around it. You can't nobody can access the dock until they're actually loading. So they'll take that into consideration. They'll give their instructions onshore. uh they will ask everyone to be quiet. They will not use any speakers or anything uh while
they're in the canal. They'll they'll be quiet on their way in and out. Um uh the we we feel that this use is compatible. It's not a any public detriment. Uh they've they've got a
number of uh things that they will be doing. Uh what else will you as far as >> dolphins, manity tours, wildlife viewing, rocket launch viewing? Um you know, especially with SpaceX now, you know, bring a Starship here. That's going to be big thing. Obviously, if
we're not approved for going out at night, you know, we'd be doing it during the daytime hours, which rockets go up all the time during the day. They'll have a member of the crew at the bow of the boat, you know, watching for manatees, being very careful as they're, you know, coming in and out of the
canal. Um, and another thing I I wanted to just mention is that uh my clients have been working on this since last fall and um
they met with the city, met with um Corey, talked all about it, went went through everything. Uh there was a question and answer period uh back and forth. Uh they went through and they got
a they eventually got their certificate of use. Um and I'll just show this to to you. Yeah, it's it's in here. This is the application they went through and shows that everything was
checked off including the zoning. >> Thank you. >> Thanks. >> Do you guys need a copy for the record? >> Yep. Thank you. >> Okay. So, this is just PTR. >> Yes. >> Okay.
>> But, um, they spent a lot of time working on this, discussing it with the city. Uh after they got the certificate of use, they ordered the boat, paid for the boat. How much was it? >> We we've got almost a half a million dollars invested in this between
remodeling the office there at the Wizard of Oz Museum, getting compliant with the Coast Guard because you have to have a COI, which is a certificate inspection. Any vessel that has more than six passengers, the vessel has to be inspected by the Coast Guard. On top
of that, when we went through our city approval, um the fire marshall for the city or fire chief, you know, he wanted fire extinguishers to be put on the the dock, which um it's all documented. There's pictures of that and my uh I
would say text messaging him back and forth making sure it's what he wanted. Um >> yeah, so I mean >> I'm going to say something. I think it presents a big problem here for you. If it was me in your shoes, the first thing I would have gotten would have special
special a special exception approval. >> Well, excuse me, sir, but I I did all my due diligence, all of my in if you read the application, we went back and forth. They said, "Where are you unloading and loading passengers?" And it's all documented on the portal and we said at that location at the dock. His his
argument is is that they were issu I'm assuming I'm not don't want to put words in his mouth is the city issued a BTR and didn't mention that you needed a special exception. >> Correct. >> Which to me is would be problematic. I I can understand the frustration in that.
>> I didn't know that. I would have if I knew something was holding up project especially where I needed to get board of adjustment approval. That's the first place you normally would go. >> But nobody if at city hall when I say hey I'm going to do this business. Give me a BTR for it. and I submit and I'm open and honest with them and they issue
me a BTR and then come back and say, "Oh, by the way, you need a special exception. I can understand a citizen's frustration in that." And and if you note on there, it's there's a checklist of of what all was done and and one of those item, you know, there's maybe 10 items there. One of them is zoning
approval. So, you know, they were coming to the city to to ask about that. nothing to sit in. I mean, you say BTR, but there's a there's actually a piece of paper that's the BTR business tax receipt license, which was $20 and something dollars. And there's on top of
it another paper that says certificate of use and and then in the description, it says transportation. Under that, I also under >> I'm in business. I have all this >> under the IRS code under the NACIS.
Uh, give me one second. under the trans under the NICS code which is the classification of a business was what we put in was 487110 which is primarily engaged in providing scenic and sightseeing transportation on
land, water or air. >> I think we we understand the board understands your point. >> I I went through all this. I bought the boat, signed a lease agreement with our with our landlord, put a bunch of money into this, and then we brought the boat
there in February, and then we were told not to operate, and we complied with the city. We didn't just say, you know, screw you guys or anything, and you know, I'm on the hook. >> No, we we understand that, and here we are now for the special exception. So yeah, and and you know, we we wanted to
raise that so you so you know that we've been I think one of the issues here is that >> we I think we really need to understand the bigger picture here because right now we're looking at a very quiet canal with residential on one side, but there
is a major development coming in with restaurants. Do we know what that plan is? As there's restaurants going on the lake on the riverfront. Were there going to be docks in marinas at to dock against those restaurants? >> Yeah, they're going to be they're going to be having probably people to be able
to pull up by boat to to get food and drinks and alcohol, all that. >> There's supposed to be two bars and two restaurants there. >> And there also supposed to be a boardwalk that goes from where the Wizard of Oz is all the way down the
canal and across the main waterway so people can walk up and down the canal. Now, as well as there's a there's going to be a dock there. >> My point was that your turbo isn't going to be an exception there. It's just going to be part of a major development program. >> Commercial property. Yeah. >> And that is a residential canal, but
it's also a residential canal next to commercial property, which has rights. >> We don't need to debate it now, but >> we do too. >> We need facts. and and part of the special exception is to determine that the use is compatible with the permitted
uses on a property in a specific zoning district. So this zoning district is is the gateway overlay. It's commercial. So it's certainly compatible with with everything that's there on the commercial side. And granted it across the 80oot canal, there are residences
there, but uh you know a number of those are Airbnbs. Um there you know >> there's three on Airbnb if you go under the map section there's >> I live on the street >> uh we will not tolerate that you I hear
any more vocal outlays like that you will be asked to leave >> on the Airbnb website if you go to Cocoa Beach as your destination and you click on maps on that street there's three houses on there that show pricing for Airbnbs on top of that there's also
multiple houses that are non-h homestead exempt, which you would assume are either vacation rentals or something like that. >> Was there any exceptions that were required for the restaurants going in and their maras on that canal? >> That was a special
that's all part of the development. That's all I'm >> Yeah. Why Why are they required to have a special exemption for this? >> Cuz statute ordinance. >> It's ordinance. Yeah. that wildcraft facilities need a special exemption and function next to the river. >> It is a an approved special exception.
H >> how was that missed during the whole application process? >> Sorry. >> How was that missed by the city during the whole during the whole application process going forward? >> Yeah. I mean, we're being asked to to rule on some on something, but there are
there are these conditions that happened before that we have no control over, but we're still I cannot allow that to influence our ruling. We still have to rule as we would on any other special exception. >> Great.
>> You have a backup location. >> There's no backup location. >> Not even around the >> No, there's the river. There's no commercial property in the so the city has a lack of commercial property >> that requires parking >> for yeah that allows you to operate Let me finish speaking
>> that allows you to uh operate uh any kind of water side business and that and and to the point you know that the waterways are a public asset that we should have access to. There's just no land that's
commercial that's available to do this kind of activity. very little >> and and there was a letter of objection I was I was looking at and this uh that objector raised some questions about sufficient parking. There's there's
plenty of parking there. Uh you know whether the landlord has approved and the uh the condominium association, a five-unit condominium. The Wizard of Oz Museum has three of the units and is is the landlord and uh they've approved it.
They had a vote. It was unanimously approved by all the unit owners. So So that piece of property has approved this. Uh there are two bathrooms uh in the building. One >> there's two uh ADA compliant bathrooms in the guest shop which is right in
front of the boat. And then Fred was nice enough to give us our own little ticket booth. That's one of It was a office space like janitor thing and there's like an old bathroom that was in there that we can also we were also able to use on top of that. The the boat also
has a restroom as well. >> Have you been giving any tours up till now? >> I've been doing it for the last 20 years. >> I meant this around here. >> Yeah. >> Where? uh out of Kowanas Island, out of uh Kelly Park, out of uh 520 boat ramp,
out of Mosqu Lagoon, all that. >> But not with this boat. >> Not with this boat. No. No. Once we brought it there and I was I got a phone call, we removed the vessel. We parked it behind my house and it's been sitting there since waiting for this meeting.
>> But I've been in this business for 20 years. >> I believe I've seen you around or the tours. >> Yeah. Okay. And you know, this will be bring business to the Wizard of Oz Museum. Uh, you know, that'll be kind of working
handin glove. Um, and all the restaurants in the area. You know, it it it fits right in with the the rest of the uses, the the other commercial uses there. You know, they'll just they'll all go together. um you know they they're willing to they they would like
to do a sunset cruise which would leave you know >> a couple hours before sunset be back. >> So like dusk is not very there's no real definite definition. So I also duck hunt. So duck hunting shooting hours is
you're allowed to shoot a half hour before sunrise. you technically can see, you know, the sun hasn't risen or rose, but you're allowed to hunt. So, you know, if the sun goes down, it's still daylight out. You know, we'd be back in before dark,
before it's pitch black is the is is, you know, the thing, you know, and it's it's during business hours is what the main tours would be doing. >> Um, >> then I guess >> Cory had mentioned that you asked for something more. What What were you asking for?
>> Well, no. So, so originally because also, you know, if we can have this approved and we can do our tours there and I understand being at night, being on a residential area, you know, everything's got to be quiet and all that, but there's not one thing which we are so unique about here is being able
to do bioluminescence. It's only kayaks. I have so many people that I take on private tours. You know, not everybody can afford a private tour, but there's not one area where anybody where it's 30 or $40, like how much it is to go on a
kayak that can go do it on a boat. If you're overweight, you're afraid of drowning. There's there's it's a huge it's a huge thing. You know, people, you know, they want to go on a boat instead of being on a kayak because they can't. They're just scared of being in the water at dark. They're gators with, you
know, they're all afraid of all that stuff. So you know this also helps those people who want to come here to our area which we are I think it's globally known for is the bioluminescence here in our area.
>> Okay. Were you planning on anything else like jet skis, kayaks, canoes? Surely the >> family tours going to go see wildlife and all that. >> Is the bi luminous as long as it's dock out it's good? >> No it's not. It's seasonal. So the
bioluminescence is only here typically it can start in May and it can end in October. Some years it goes from it'll start in like second week of June and it will end in September. >> But it but it has to be at night. >> But it's got to be at night. Yes. Correct. It's got to be at night at
dark. So you know my you know I understand on that place but it's like okay hey they just built that you know can we drive the boat from there and go pick up for a night trip to docence from the 520 boat ramp. you know, at night, nobody's there launching boats in the middle of the dark at night. You know,
there might be someone there, but you know, then you're not >> you don't have to worry about, you know, people's car lights on at night, you know, shining into, you know, wherever. >> So, you can do that now. In other words, if you had a place right now where your
boat could take people on or pick up people, you could go out at 10 o'clock at night, pick up people, correct? Correct. The new boat ramp on 520. Correct. Take them off for an hour or two and drop off. And you don't need anything more than one of these licenses. >> You don't even need that. >> It's not owned by the city.
>> It's county. >> Oh, if that one isn't >> county. >> No, it's state. >> It's county. The city of Cocoa Beach got a grant to update it and improve it, but the city does not own it. >> I thought DOT. >> Well, yeah, that's
>> that's county. And again, what what Corey recommended, I mean, this this would be allowed to a certain extent anyway in a residential a full residential area that was residential on both sides of the canal. In this case, it's commercial on one side of the
canal, residential on the other. So, if in that instance, you know, there would be these restrictions on the hours and so forth. Uh, what was it again? The >> dust till dark or dawn till dusk. >> Okay. >> We need to define that. Yeah, >> a little closer to
>> that confused me. >> Yeah, we could change it to whatever you guys like to try for. >> And then one other thing with the concern with the canal, too. It's as we're parked sideways along the it's a very narrow dock, we stick out less than
25% of the width of the waterway. So, it's not restricting anything. >> In this in the only thing we'll have to do is turn the boat around and park it. >> So, maneuver. Anyone have board have any questions? >> What I would like to do now is maybe ask you to sit down unless we have any more
questions through the public comments. >> Also, one last thing about the dock and you guys were concerned about the canal. I believe on the city code, you're allowed to do 20. So, if you have a 100 foot wide canal, >> a homeowner or business can do 20% of the canal width as a dock going that far
out. On top of that, you're allowed to have a boat against your your dock sticking out even further. >> That's not the case with this dock. It's right up against the seaw wall. >> Okay. >> What I would like to do now is ask you to sit down and then we're going to ask for the people Oh, you're more than
welcome. You'll get a chance to come back up. >> Thank you very much. >> So, we're going to ask people, we used to do it and I don't know, uh, Becky, do you recommend that? We I noticed now a couple of the meetings where we would ask people just to come up whoever wants to speak or do we want to do like the old days all in favor who want to talk
about it. Remember how we used to do it? >> No, you should because you have to make your decision based upon not the emotional stuff you hear, >> but based upon the factual um information that you receive. So raising
your hand or whatever doesn't give you any factual information. >> No, but the people to come up, do we want to isolate it and say all in favor first, all opposed second, or just whoever turned in a ticket would everyone come up do public? >> I would I get what you're saying, but I
would just um >> Yeah, >> you know, just run through them. >> Yeah, just run through the ticket >> and if we're going to go in the order in which um Corey has >> Okay. Okay. the paperwork >> and then at when he finishes he can ask if there's somebody else.
>> Okay. >> Okay. So, I got Julia Krauss would like to come up. >> Hi, my name's Utah Krauss. I'm on 394 Brightwaters Drive, so a couple streets down. Um, my first opinion, I object
this. First of all, the name Ecoours doesn't sound very motor friendly, so I'm not sure about that part. Um, I know there's a big development coming in there, but it's right on to houses. And also, you want to only have med um tours
during certain hours, but then you're already talking about bioluminescence. You're talking about sunset tours and all that. To me, it's just opening a huge can of worms if we approve this. So, >> okay. >> Thank you. >> Thank you. Uh, next will be Victor
Watson. >> Oh, you already did. Okay. Sorry. Uh, Stacy Knight. >> Hi. Um, my name is Stacy Knight. I live on Angela Lane. I think I'd be the most affected by this business seeing as I'm
completely backed up, right? I was the one who called and I was the one who >> you were removed your boats probably because of me. Um I feel that having this business there I understand progression I understand development
changes everything needs to happen. However, having a boat run up and down pro possibly two boats um as I was told and I think you guys already talked about it. Um two boats up and down the
canal uh twice a day, three times a day bioluminescence. They are already advertising on their website for bioluminescence. Um, they've I don't think that they've been
completely honest, whether it be because of the fault of Cocoa Beach and the permit process, but I don't think they've been completely upfront about their practice or what they want to do.
I've seen the construction at this site um since February, since everything's happened. Um, I just don't feel that this uh business is in the right
direction of change for that neighborhood. So, I oppose. >> Can I ask you a question? >> Yeah. Hold on. >> Um, obviously the property is already being commercialized, >> correct? >> And there's a major development going in. >> Yes.
>> And there's restaurants going on the canal. >> Yes. So why would this boat be more disruptive than what's already happening? >> Well, he said 45 passengers per boat how many times a day? >> Let me clarify that. What was really
meant was 45 people a day. So 15. >> No, it's 45 passengers per boat. >> No, that's that's what we suggested earlier. That's just what we suggested to be consistent. >> But he has stated. >> Yes, I know that >> 45 pass. This what I'm saying. He is
wanting something and you guys are saying something else. So I'm telling you his what he wants, what they want. 45 passenger day per boat, per tour, possibly three times a day. That in itself, the crowd, the noise. Yes, of
course they can say it's going to be quiet. They're not they're, you know, they're going to abide by the the the law of the river, whatever. But are they going to be offering food? Can you bring food on board? Can you bring drinks on board? Alcoholic drinks. How is that
going to work? So, that's a question that I have because of I don't know. I just don't I understand that all that's happening, but to have a business going up and down the canal and especially for me, this is because it's
like I said, right across the canal for me. I mean, you won't be any more affected than your neighbors further down the canal that are back up against two restaurants going in. >> Well, they're going to be on they're going to be going on the boat and off the boat right across from my my house,
right across from my dock. So, that in itself right there is a concern for me. >> Stacy, how long have you lived here? >> Um, I that house particular is 23 years. 23 years. >> I'm a graduate of Cocoa Beach High School. Both my daughters have graduated from Cook Beach High School. I've seen businesses come and go there. Mexican
restaurant >> and I'm a small business owner myself. >> There's been bands outside. Has that disturbed you at all? >> There's been what? >> Bands at the Mexican restaurant. Music. >> Music? >> Um, they don't do bands anymore. >> Not anymore, but they used to. There was a period they were doing it. >> They used to, but
>> I was just asking, is that disturbing you? Did you hear that noise at night? >> Have you seen their their landscaping and the trees all around? That kind of helps with the noise. Okay. And it wasn't directly outside and it wasn't a stones throw from my dock. So >> when they asked for their special
exception to do it, we really restricted them to the front of the building, the back of the building. That's why it's not a nuisance to them. >> Well, no, they're going to be unloading and loading. >> He's talking about the restaurant. Restaurant. >> Oh, the restaurant. I'm sorry. >> One owners before the one that are there now or whatever. But anyways, here's
what the conditions are that the city recommends to us. Have you read these? >> I have. I just from what you guys have. Let me quickly tell you must be properly registered, ensured and operated with compliance at Coast Guard. Observe idle speed in the canals and designated
areas. Number of boats limited to one. That's what the city staff wants us. >> Okay. That well they that's what they asking us. >> Us. Yes. >> Start with or end with or decrease or add. It's just what they feel would work. >> I'm just telling you cuz you probably didn't see this.
>> No, I heard what was said was >> number daily tours to three. >> Mhm. number of daily passengers to 45. But >> per boat per tour. >> Per boat. Yes. Per tour. One boat. Three tours a day.
>> That that was meant at 15 per boat. >> 15 people per boat. >> That that was what was consistent with. >> I don't know if that's economically. >> How big is the boat that you bought? >> Gas bill is more than that. >> I I agree. Well, that question is how big is the boat that you own. >> I can show you a picture of it parks
behind my behind my house. So are behind across the street from >> and they're talking about the operation daylight hours. So now we as the board we could say as far as we're concerned you can operate till 3 in the morning. I mean we're not going to say that obviously but that's the power of the
board of adjustment to make whatever conditions and the city says these are the conditions that we as staff would like to see you approve. Once we listen to you all them and try and formulate between ourselves and talk about it hopefully we'll come with with something
that everybody's going to like and it's going to work. We usually do. >> Mhm. >> So that's it. We've by the way participants who want I mean people who would like to speak it's limited to three minutes and I think you've been up there. >> Sorry you asked me question. >> I know you didn't know we used we used to have a red light up there.
>> This is my first time ever coming here >> and we were asking her questions as well. >> I don't know the rules. >> You're doing great. Thank you. >> Do we have the timer? Is there a timer? >> I don't have a timer. >> I was trying to keep track. >> Well, that shouldn't apply if we're asking questions. >> Yeah, we ask questions. So, in the future for public comment, we should have the we should have
>> I'll have one here. We should have one. >> Do the thing up there. So, >> can you use your cell phone? >> We got No, got a timer. >> As someone who's been a petitioner, it's much nicer when it's there because you can you can see >> speaking. I want to know how much time I have. >> I'd like it with the buzzer.
>> Um, next would be Scott Hansen, maybe. Okay, Scott. All right. >> Um, Mr. Blank. No. Okay, Jamie. All right, Mike Miller. Was that you?
>> Thank you. As a port of order, the applicants have requested a special exemption for the Cocoa Beach zoning code. The zoning code allows a special exception, not a special exemption. And there's a significant difference. An
exception is a case in which rules does not apply. In this case, that would mean there's not specific requirement that you can do a voting operation, but you can if it's approved with review.
Exemption is immunity from rules and requirements. and I highly recommend that you not approve that. So, as a point of order, I believe we need to amend the application to say that they're granting an exception and not an exemption. >> I I think we can all agree that that was
a typographical or scriveners here. >> Fine. >> My primary objective during the decad of the city was to consistently encourage private investment in Cocoa Beach, and I still believe that. In return for that consideration, I also supported policies that held applicants
to a high standard of performance in those investments. I believe the citizen of Cocoa Beach have benefited with a significant higher quality of redevelopment as a result of those policies. I believe the board of adjustment has a
responsibility to represent the interests of the system of Koku Beach. In granting a special exception, the burden of proof is on the applicants to demonstrate that the proposed operation will be an asset to the city and not a liability to the citizens in the
community. I had prepared a list of legitimate issues that I believe should and should have been forwarded to each member of the board of adjustments prior to the meeting. I believe these issues need to be addressed by applicants prior to
approval of this special request to ensure that the proposed operation will be an asset and not a liability. Have all of you received this copy? >> Yes, we did. >> Yeah, we did. >> Thank you for doing that. >> This is your chance to set the
guidelines and be specific about what it is they're going to provide and what the conditions are. That's why you've been appointed to this board. I can tell you from personal experience that the commission, city commission will thank
you for being diligent at this time to make sure that you make sure that this is a facility that will meet the goals and objects of the city. Thank you. >> May I ask you, Mike, do you have any interest other than as a concerned
citizen? I mean, do you have any interest in the neighborhood group at all or No. Are you just speaking as a citizen? >> It's a policy matter. I've had to undo these situations too many times in the past and it's really difficult if it's not clearly defined what's going to be
provided at this point in that list which I assume you've read through I think identify there what are we going to have the application of my opinion is severely lacking in detail that would allow you to make a judgment on this issue.
>> Thank you. Thank you. >> Thank you. >> Okay, so we have a a clock up on the screen, so we should be able to have everybody understand three minutes from the time they come up if that'll help
you. Um, next is Jim Matt model. Sorry if I hurt your names. >> Hank must have known that because he was within like 15 seconds. >> Yeah, >> good job, Mike. I think this is an issue that not only
involves people on Angelo Drive, but hundreds of people that live on the adjacent canals, and we don't know how this is going to play itself out yet, but I think it's a matter of huge concern, the the overall effect of this.
I'd like to point out that there are currently two cruise ships literally ac cruise boats rather, literally across the street from this location in a commercial zone. They're doing a perfectly adequate job. I do not see why
we need two more. Uh furthermore, I'd like to point out that the parking lot behind the Mexican restaurant is not owned by the restaurant. That's why nothing goes on there. There's no bands there cuz it's owned by this development that we're talking about. Um, I'm also
not clear, like last time I checked, this was a five unit medical condo, and I know it's changed hands, but I'm not clear on what the ownership is of this particular applicant. I I have the feeling that they're renting one of the
units, but I'm not sure. That concerns me a bit as well. Another point I would have is that when we talk about the gateway zoning, I know we have a planner here somewhere and I'd like to know where the line is for the gateway
district. Are you suggesting that it goes along the rear boundary of the people on Angelo Drive? I doubt it. And therefore, I'd question whether that zoning concept in principle gives these people the right to use all of the canal for commercial purpose. I
don't think they do. Obviously, I'm not in favor of it. Um, again, I I I would be very emphatic about knowing that it's limited to these cruise ships only. No seedos, nothing else. Uh, but things
have a chance of escalating. Um, there's supposed to be one boat, but they've already mentioned two. I don't believe that a boat of that size is 15 people. We're not getting a straight answer whether it's 15 or 45. I think it's 45, but so I got a lot of concerns about it.
But in general, the rule of thumb in planning is if you're going to have a change in zoning, you do it in the front yard, the entrance to your home. The rear yard is conceited as your privacy area. So, this is a particularly sensitive
condition. Obviously, it has to be there, but special consideration should be given to that. Should it turn out that the roots of these cruise ships are allowed to go through all the canals, which I think they will, then it's a
severe violation of everyone's backyard principle. My backyard is a a canal. Uh most people have a backyard with a fence there. I'm going to have a public tourbo route and and and everyone will. So, I
think we really have to look into what the uh what the root of this boat is is going to be and uh I think we need to have a lot more information. I don't think the clock's working, so I don't know if I'm done yet or not, but that should be sufficient.
>> That's it. Thank you. >> Thank you. >> Questions? >> Just a comment. My backyard's a canal. That's a publicly navigable waterway. Belongs to everyone, not me. And I have no expectation of privacy along a canal because that's the state has granted all
of those waters to everyone. Not me, not private homeowners. Much like the beach, we can walk up and down the beach. We have great freedom there. We don't have owners that own all the way to the beach and can stop you from walking up and down the beach. The canals are the same way. That's a beautiful resource that we
have as a community and it is protected for everyone's use. Sometimes there's people in my canal that I don't want to see. You have every right to be there because those are public navigable waters and they're not subject to my judgment.
>> Next, um Harold Davenport. >> Hope you don't count my walk until I'm getting here. >> All right, time's up. Speed limit is 35. I'm directly across from the development.
I have some private fence, so I'm not quite as exposed as my other neighbors, but I bought I've lived here for 28 years. There's been fencing on the far side of that canal
and a barrier zone for people to keep that business stuff over there. The canal has been considered a residential canal as long as I've been here. Using it for commercial activity, I'm
sure there is a code in our book of codes that says you can't run commercial businesses out of a residential canal. I'm absolutely sure that's there because I've had it quoted to me before.
So th this basically is you're going to negate a city code to allow a commercial business to operate in a in a in a residential canal oblivious to the people's privacy. Although you say you're I realize it's
that kind of a public waterway, but you keep you they haven't they they they put the fencing up and privacy stuff up there to keep from annoying and bothering the homeowners. We do have
some right to privacy. People just out fishing and using that canal is one thing. Running a commercial business like this out of there is a whole another world. Um, there's manatees,
a lot of them in our canal and they're there day and night. How you going to spot them? They I see them with gashes in their back regular. I think it's totally an abomination
to allow a commercial business like this to run on that residential canal. And I understand you guys got your big promotion you're doing for the uh redevelopment district there. I've seen
the stuff for years now. wanted a a roller coaster, ferris wheel. They were it went through all kinds of stuff they wanted to do over there and all the way out to the ocean,
but you know, it seems got knocked down and, you know, didn't go anywhere. But now this is an imp this is impeding the privacy and the protections we have as
homeowners on that residential canal. And I don't believe the businesses on that side own that canal. And if they're going to run a commercial business on that canal, they're using
the canal for for pro for a professional commercial business. I just think it's wrong. I oppose it. I think everyone in my plat on the other canals everywhere get wind
of this. They're all going to oppose this. And I could assume the lawyers down the road if they have property loss as far as valuation the property. >> Sorry, your time's up, sir. >> Okay. The lawyers will drool to get the hold of that one.
>> Thank you. Was there any public forum on the development of the gateway project >> in that area? >> Oh, yeah. I'm sure I wasn't here at that point, but for the drift, you mean? >> Yeah. >> Yes. >> Oh, yeah. So there was already a special
exception given for the restaurants. >> It's a master development plan. >> Yeah, it's >> Wait, wait, wait. You got to understand. Go ahead. >> Yeah. >> I just want to make sure the record's very clear on this issue. Is that the the drift was approved. >> Why don't you introduce yourself? I know you are, but
>> my name is Dave Dicki. I'm the development services director for the city. I apologize. You're exactly right. Um the drift received approvals I'm going to say about two years ago and it was done via a number of um public hearings.
Um mailouts were conducted um on the drift project. It was um approved as a PD as I recall. I think so. So when the PD the PD is basically a little mini zoning for that specific
piece of property and when the PD was done there was a lot of conditions that were placed on that project to include a binding site plan. PDS have what are known as a binding site plan. So you have to do exactly what you show on your site plan and what you represent you're going to build. So there was no specific
special exception granted. Um but it was uh there was a PD uh during there was a reasonzoning on the property with >> and the PD goes before the full commission. It's it's a much more comp site plan all the stuff they go to the commission
>> and it's presented and voted on there. >> So when you look at the PD for the drift and you look the total of the canal what percentage of the canal is the drift take up? >> None. I mean the the drift reszoning was specifically for the prop the upland
property itself. It ends at the seaw wall. So there >> but as far as the length of the canal >> the entire length the entire length >> well >> to from from the can you put that aerial back up >> approximately half. >> Yeah. When I say the entire
>> sunrise there we go. And I als while while Cory's looking that up or pulling that up for us, I also want to be clear that staff is not these are not um recommend these these conditions these are just recommendations for the board to
consider. I >> I have a question for you Dave. >> Yes. >> So where does what is the exact boundary of the redevelopment district? In other words, if if if it's if it's between two states, it goes down the middle of the waterway. >> Yeah. All of that. >> In this case, it would seem that the
boundary would be the the the terminus of the land. >> It is. >> And anything out into the waterway would would be in a residential zone. >> Yeah. The the the gateway district is a redevelopment zoning district. And all of these parcels you see
um on the south side of the canal are all within the redevelopment district. That's as far north as the redevelopment district goes. Once you get across the canal into the residential areas, that commercial redevelopment zone goes away. >> Mike Miller wants to come up. He was a
commission. He was a city commissioner at the time of approval. Maybe he'll enlighten us. >> In all fairness, you weren't here. I was. >> No, I was not here. I'll make that for the record. I was not here. Yeah, as I recall,
one, there's not a approved final plan on the Gateway project, but what we did do was gave them some great leeway on the density on the site. As I recall, they were very sensitive to the fact that there was a residential area across
from the development. As I remember, the restaurants were to be on the river and not on the canal, and that was an open space. But we can't really say cuz there's not an approved plan right now. >> Oh, so the restaurants might be on the river and not the canal >> is approved.
>> I I think there is. >> Yeah, it's an approved plan. >> I'm not sure what my the project's approved. Their next step is to get site plan approval and then they're going to go to start building it. So all the approvals minus site plan for that project are approved. And Mike did raise
a good point. I will make I want to clarify what I said. There was actually what was known as a variance approved for this project because it's approved up to 30 units an acre. The city only allows 15 units an acre. That's our highest residential density in the city.
This project, the commission at the time approved a variance for residential densities up to 30 for 30 units. So, thank you for that. So what part of the argument I believe happened was the 30 units falls under the motel type agreement
>> transient lodging. Right. Correct. >> So they said look we could do that there but we want to build first class apartments but give us the leeway of adding more density. And that's how it all came out. >> Well there was some give and take at the time. As you recall the developer agreed
not to allow any vacation rentals on the property. That was the big concession, >> right? >> And that was one of the considerations that really put them over the hump to to give them the get them the 30 units an acre. >> Homes uh apartments are needed in town, especially brand new ones,
>> I believe, as a concession to the increased density. They said that they would not have development along the canal. Do you remember, Sharon? >> Yes, I remember that. >> Yeah. >> I mean, it's there's going to be development along the canal. You're putting up a four-story apartment. Well, that's a change that was approved before
and the commission could approve that, but that was the agreement at the time. >> Good. >> I will say this, the site plan does not show any docks or development out in the canal. >> No. >> So, if if they did want to do something
that they would have to come back in and modify the uh PD. So, so this really is an exception to really what's going on. It's not like there's a marina going in with restaurants and docks already being
>> committed to. >> It's a big build up that's going >> it's going to be it's going to be big. >> No, I understand. But if you already put the horse out of the barn already putting restaurants in the canal, there isn't much else you can do. But if they're not and it stays a quiet canal,
it's a different situation. >> Okay. Should we continue on with the public project at hand here. >> Is there more talk or >> Yeah, I'm just com. >> Yes, I've got a few more yet. >> Oh, okay. Good. >> Um Jeff Moses >> Moses >> Moses.
>> Sorry. >> So, I live on 459 Angelo Lane. I live right here with the swimming pool right there. >> Right there. >> Yeah, that's my house right there. Okay. And I also have a boat that come out. And so, uh these are the right here. This I think my wife took that this
weekend. And so these are all the manity just sitting in our canal. And so these guys run u pontoon boats and pontoon boats the motors are in the center. You just run right over them and and mark them up. We used to be able to have boats and stuff like I've lived here for
30 years and and I rented my house and I had another house in Georgia. We went up there and they came back. to reassess their house and we're one of the ones that don't have a homestead. >> Sir, can I get you to talk into the microphone? Thank you. >> And you need to leave that because if
that's an exhibit. >> Yeah. >> So there they're only uh two Airbnb and we're the only one house without the homestead exemption. I live on the street. He doesn't live on the street. You guys took we had the canal and we do
boats back and forth. then you guys came in with the whole manity thing and took our whole world away. And so he said, "Fine." So now we're everybody's super slow. Now we swim in the river. My grandkids jump in the river. He doesn't have this is right off my boat. There's
only like 20 ft and then then then there's mud and stuff like that. So he's going to be running right up against my boat. Plus, they're going to be running 135 people back and forth right behind my back seat, behind my house. I think I have a right of privacy there. I mean,
when I moved here, it was nothing. I spent the money to make this to I was one of the very first people that came in to drop some serious money. That was a junk neighborhood before I came in. I'm the one that came in and moved in and built a huge pool and a dock and all this. Then it went on to the next one,
the next one, and the house right across from me up a couple bit just went for $1.1 million. Okay. And just like the other guy said, there is a uh uh uh tour right across the canal. I mean, it's not
like, oh, no, the people don't have enough places to be able to go and get a boat that they're doing some kind of public service. I mean, that's not Come on, give me a break. And so I don't feel that it's fair as you guys have taken it away from us as far as we used to have.
And also for them to go they got to go zero weight then it's going to take them a lot longer to get from zero wake where our sign is than the people are across the canal. It's much shorter than doing and if they can already do it by the dock. Why do they need to take up our
canal? Plus, he has to pass my house six times a day. >> Sir, can I ask you what your Sir, >> I'm gonna need those pictures for. >> Excuse me, sir. >> I have a question for you, sir. >> Sir, >> excuse me. >> Thank you.
>> Oh, I'm sorry, sir. I apologize. >> Uh, how do you feel about a fourstory residential unit blocking your son? >> Yeah, I wasn't I'm not that happy about that either. Okay. And so, but you know, I've gone a little my son is fighting cancer. So, I'll be honest. You know, I really don't give a You
know, I've got to be serious. I'm just pissed on the whole world. And here's another thing's going to come down on me. >> Thank you. >> We're not doing questions now. >> We'll be here. No, >> let the next person talk.
>> Okay. Jeff parent going to take a breath first after that powerful presentation by Jeff Moses. My name's Jeff Parent. I live on Angelo Lane. I live at the end. Um I've been at Cocoa Beach since 1968. Cooker Beach High School blah blah blah. Minus 27
years in the army, but got the house of my dreams there on the end. um the Gateway Development District. Um okay, we knew it was going to happen. It was a big piece of dirt. We knew something was going to happen. We always
hoped it was hotels. Certainly, I'm very disappointed about the 220 unit block right across from us. Just under 4% population at Cocoa Beach, right across the street from us. And I was there for those meetings when Mayor
Malik said, "Oh, it was zoned for 19%, well, let's just go ahead and keep that." When the law of the land is 9%. It's a lot of people and we're adding more. And one of my major concerns here is, and listening to some of you, and I'm not trying to poke anybody in the
eye, but it's like, well, you know, you already have to hear music at the Mexican restaurant or you have to see this, you know, we're just adding more. Okay, just because it's zoned for business. I mean, there's 17 homes on that street. We're
kind of getting screwed here. Okay, let's just maybe a little less would be nice. Um, and I have so many concerns about this these boats. I mean, it doesn't seem like we really know what the hell's going on. It's dawn to dusk and then we're talking about bioluminescence. We're talking about rocket launches, which is going to go
down at night, too. Um, it's all going to happen all the time. And they're bringing in another boat, which is 49 people. So, I'm not really sure about the whole 45 people a day thing. And three tours a day. Is that per boat or
is that total for the business? Do we know? >> No, we have we got a vote on it. >> Yeah. Okay. I'm just I'm I'm concerned, you know, cuz I could see six tours a day real fast. I could see booze cruises happening on this and not we're not going to use any speakers and we're
going to be super quiet. I don't think that's going to happen. Um, I mean I know that if anybody any of you anybody in this room lived where we live on Angelo, we would definitely say no to this because it is a huge I mean it is a very very narrow canal. It's 80 ft. Our
dock goes out 17 ft. So they have this little space to navigate through and my pool just happens to be real close to the seaw wall. So I get to see 49 people go by, you know, two or more times a day, however it ends up winding up being. um swimming in my pool with my
wife. You know, we might as well put Mickey Mouse hats on for the crowd. But I mean, we already have a Wizard of Oz museum going in. You know, we're not in Kansas anymore because we're not in Kansas. Um it's just adding more. It's uh God, how close are we to a ferris
wheel? I'm not sure, but I'm just trying to we should try to mitigate this a little bit. Um and not so much they have a right to be there because they don't. And I was there for certainly when the developer was talking about the drift and he assured us that there would be no
docks there on that side. That was one of his big no walkways as they said was going to be going the whole length of the canal. God would that be terrible. They've already ripped out all the mangroves across from us that they said was pepper bush. But I'm not bitter. Um
I mean we have to pump the brakes. I mean I plan on dying here. I'd rather you do that with a little peace and quiet. You know, it's getting a little and these are these are big boats and it is a very narrow canal. It's very narrow. There's 63 ft of canal
from my dock to the seaw wall across from us. And these boats are going to be 15 plus feet wide or whatever all sitting up nice and high, you know, looking at us all day long. Um, I certainly would like to, you know, have that taken into consideration about
how many people are going to be moving through this canal. It is very much a residential district. Whether it's zone for business on the other side, it seemed to be the intent of the drift and the other projects going over there. Even the restaurant, we assure you,
because it's right across from us, >> they're supposed to put up a fence to block all the headlights. >> Jeeoff, I've got you for three minutes, buddy. >> Okay. So, if you could close up. >> Yeah. If anybody has been to that Starbucks intersection, anybody have you all been to that intersection? >> Try to avoid it.
>> It is horrible. And we are adding 400 cars just from the drift, two restaurants, Wizard of Oz museum, whatever they're having, you know, drive up there for bioluminescent tours at 9:00 at night or whatever it's going to be. It's I I don't know what the city
could possibly do, but it is impossible for us to get out of our house right now. We're going to add a lot more to it. Thank you, Jeff. >> And thank you, Drew. >> Thank you. >> Your residence, please. >> Okay. >> Taylor Kavanaaugh.
>> So, it's not on this topic. >> Um, >> that would be later. >> Later, then we'll call you later then. Um, Dean Patterson. >> Good evening. My name is Dean Patterson. Um, you probably tell that I haven't
been here today. Uh I live on Dorset Drive. First thing I'd like to just raise a couple of points about what the applicants have have said in their comments. Uh the variance board requirement. I I have a 30 foot seaw wall on my property. I am required to um
come present myself to this board to have a boat dock because I have to be 15 ft from the um repairarium boundary to So
I I found that out myself. There's no excuse for ignorance. The fact that these guys have spent half a million dollars on on assets, that should not influence your decision whatsoever. The other point is that this is a local
brick and mortar company or um business that is leasing their seaw wall to somebody that is in and out. So that should also be considered as well. Now it's my point and I'll be with you. Um I
need to formally object to the proposed commercial boat tour operation in the Angela Lane. This canal is only 80 ft wide mostly lined by single family homes with open backyards. It has always functioned as a quiet low inensity residential space
used for kaying, paddle boarding, and simply enjoying the environment. Allowing a commercial tour operation in this canal would fundamentally change its nature from a shared residential waterway into a space dominated into a
space dominated by a commercial. At 80 ft wide, this canal is physically constrained. It's not just narrow. It is limited in a way that makes repeated commercial boat operations unsafe and impractical. Excuse me while my glasses
on. Is it green? >> No. >> Maybe. >> Um, uh, yes. So, the boat operations unsafe and impractical. Even today, safe navigation requires cooperation between
the users of that canal. And adding a commercial vessel that must regularly stop, load passengers, and turn around introduces demands that this canal Turning is a key issue. A tour boat cannot turn in this canal without using most if not all of the width. That means
every time it operates, it effectively blocks the canal. These repeated blocking events will force residents and other users to stop, wait, or attempt to maneuver in tight and potential unsafe conditions. Additionally, this canal isn't just used
by boats. It's used by kayakers, paddle boarders, and children swimming. These users are more vulnerable. They are harder to see, slower to move, and more affected by weight. Introducing frequent commercial traffic significantly increases the risk of
accidents. There are also concerns about emergency situations. In an 80oot canal, there is very little room to react to unexpected events, whether that's a mechanical issue, a person in the water, or the need for emergency access.
A commercial vessel occupying the canal would limit the response options and increase risk. Beyond safety, this canal is an important habitat for manatees, dolphins, and other wildlife. In my canal, I've seen sea turtles. I've
seen softback turtles. All sorts of things that are living in these canals. The quiet nature of the canal is part of what makes it suitable for them. Increased vessel traffic raises the risk of harm and disrupts the environment. As a waterfront resident, there are
repairarian rights. Rights to access, navigation, and enjoyment of the water. A use that repeatedly occupies and obstructs a a user that repeatedly occupies and obstructs the canal interferes with these rights. >> Hey Dean, I got to tell you, you're at your limit. So, if you could
>> Okay, a little bit more to go. >> Please wrap it up. Yep. What also needs to be considered is that the homes along the canal have open backyards. There is no buffer. Residents would be directly exposed to the noise, activity, and constant movement of a commercial operation. This would significantly impact the quiet enjoyment of their
homes. In short, this proposal would not just add activity. It would fundamentally change the character, safety, and use of this canal for the people who live there. For these reasons, I respectfully ask that you deny this proposal. >> Thank you for your time. >> Thank you. >> Thank you.
Okay. Marie Pierce. >> Marie Pierce. Angelo Lane. Uh been with this in front of a board similar to yours when the Mexican restaurant wanted to put a sports bar environment can't with TVs and such on the canal. The exception was not granted as you guys
talked about. All the music is up front. The lighting is downward. we remained a nice quiet residential canal because of the help of this. So I appreciate the fact that an exception has to be asked for and that we get a chance to come and speak as to how it would affect us. I
also with the two weeks notice of the little postcard that came in the mail took an opportunity in just two afternoons and I'll be submitting this to you 39 signed residents in the Angelo Venetian way which is the set of canals
that run six or seven blocks from this canal. So 39 other residents oppose. I'm going to ask you also sorry I didn't do that slide ask you also to >> you need this don't you >> not not agree. Um so again I I
sympathize that they spent a half a million dollars that they believed that they had a viable business option. I've also spent over a half a million dollars in my home um and and there are homes on our street that are over a million. So I I can appreciate that they have spent
this money, but I as a resident on that canal consider that a residential canal and would like to see my privacy, my security. and John got up and left. But John made a point of saying, "Well, these are commercial waterways or these are waterways that you're allowed." But
he's not going to have 45 people loading and unloading and loading and unloading and children excited and maybe crying that aren't going to be sh hushing as they climb on and off the boat. It's just not appropriate to have against the
residential canal. And that's why they have to come for an exception because it's recognized that this abuts a residential community and we would like to continue to have that privacy. What concerns me is even giving them a special exception with bits and pieces
and rules because am I going to be responsible to count the 16th person just got on that boat? That's the fourth time they went out today. You're going to tell them go dust to dawn. Well, dusk actually isn't pitch black. It's not
pitch black yet. I I I don't want to monitor a commercial business in my backyard. I'd like to have the privacy to be in my hot tub and not worry about something that's going on in the neighborhood and the canal behind me. And John, what I was addressing is I
understand that that waterway belongs to all fishermen. I have residents, other friends that come up and down the canal and visit me. But you're not gonna you're not going to see constant activity across your home if there's a commercial business there.
And I don't want to have to come back as they continue to change their business model and want to put their second boat and want to do bioluminescence and want to do rocket launches because I'd like to vacation. I don't want to be at home waiting for the postcard to say another special exception because they'd like to
now do this. So, I just oppose it 100% and would appreciate the same from you guys. Thank you. >> You were right on for three minutes. >> There you go. >> Yeah. Good job. >> Uh Dwayne Dwayne Pierce. Yep.
>> That's our last Oh, okay. >> I'm going to run this down pretty quick. This isn't our first goaround at this. There was a commercial boat tour there. They were kicked out. At a city council meeting, we actually went through all
this. There is no commercial business at the rear of the buildings on the water. If you need to see it, please go back to the former council meetings when all this went through. It went through when Paradise Cove was there. It went through when Bunkies was there. I go all the way
back to when Dino's Piano Bar was there. Not a problem. So the commission said no business is at the rear of the building. That's why the restaurant has its seating in the forward sections of the buildings.
So why are we here? An exception. Okay. Well, we're giving you the reasons and please go back and look what the city council had resolved to. No commercial businesses in the rear of the
building. I I think it's pretty plain. And after that, you know, we had to deal with the noise. Oh, sure. The noise changed. Stops at 9:00. Now we're calling code enforcement because the noise was going on till midnight.
Part of that code was changed. But please go back if you even consider this doing this and look and see what the city council had proposed and what was agreed upon to that area. Even this goes all the way
back. I go way back before the gate. Like I said, all the way back to when Dino's Bar was there and Starbucks was a gas station. >> I can remember before that that property had a motel on it. >> Yes. It had a lounge that stayed open
till 4:00 in the morning >> and code had changed. >> So that's >> I know but I thought >> and you know there's a fence there but nobody's really pushed that there's not an 8ft fence back there all the way
across blocking all the commercial buildings. So thank you for hearing that. And I think uh you know just because you go forward as I was told by a magistrate just because somebody in a city says you can
do it they let you proceed doesn't mean it's right. So you have to make sure all the eyes and te's are c crossed before you proceed. So please go with that and it's like here it is. It's already been spelled
out. So just go back to your your past commission meetings. Thank you. >> Thank you. I've got one more. Sorry. Jamie Glasser. >> What's going on, guys? Uh, I've lived in this town for 39 years. I served on the sustainability committee for the last
two years until it was dissolved. Made my whole life off of the waterway from when the lagoon was amazing to where it fell. But, and I I'm in a little bit of a defense mode right now to save me on this is because we're here today because
I was not told to fill out an special exemption permit. When I filled out my application back in December, end of November, it clearly states everything we were doing. Everything. After we got that certificate of use and BTR license,
then that's when I went and ordered a boat. The boat came in two months later. We pulled the boat up and I was told, "Hey, you have to have a special exemption permit." That is the honest truth. You can look at the application when we filed for this last year. It's
got all the IRS codes. It says what we were doing. Nobody told me from the city that I had to fill out a special exemption permit. If I did, that's fine. I would have done that. And then if it got disapproved, then okay, you don't go buy a boat and you don't go invest all this money. So when I'm saying I did my
due diligence, I did my due diligence and I was not notified by this. So I just want that to be, you know, into the account and the public should they should know that, >> you know, so it that's not my fault.
>> So that's what I have to say. Thank you. >> Thank you. One one quick question. How long is this boat? >> It's 45 ft. >> 45 ft. Okay. >> 12t wide. Okay. So, I guess is that it? >> And did the motors the motors are in the rear of the boat, not didn't fill out a
form? >> Okay. >> Thank you. >> Is there any before we close public comment, is there anyone else who would like to say something? >> One last thing. >> Okay. You already talked and you sir,
come on up. Hi, I'm the owner of the Wizard of Oz Museum, the ones that planning to list them. Uh I understand your name. >> Could you state name? >> Fred Trust. >> Okay. >> Uh as you probably know, we operating in
Cape Canaveral. We we expanding and we're looking for the bigger facilities. So that was the opportunity for us to purchase that. while purchasing that pl uh that location. Same way they like the canal as the
homeowner. Same way we like the canal and we paid for this canal for this property to operate as a commercial property. We could have not given them the lease but down the road in my plan to have it 45 ft ruby slippers. When
they tell me not to run the business in my own property in commercial in canal, I might not like them seeing there, but I purchased that property knowing that there's a houses. When they purchase their houses, they knew there's a
commercial property across the street. It's same thing as buying the house next to rail track and then say trains coming every day, >> buying to next to the airport. Another way if somebody comes in and I have a
childrenred number please address okay we're number one children museum in USA and if I have a children walking yes on Trip Advisor you can check that out. Uh if we have children in the parking lot and the people across the street walking
naking or the dog barking or whatever that thing is. That's the chance we took. Same way they took the chance when they have the houses across from the commercial building. So having the water have a access and
not be able to use it from the owner perspective is defeating the purpose buying there. I overpaid for the property to have a canal. It's a commercial canal that we can use it any way we feel for the business is allowed to use. Right now we
using that and we thought this is the opportunity that bring people together. We have a long-term plans that we can combine our effort. We have same type of clientele tourists that coming to see the museum and they
might would like to have it experience in the boat. So we said okay we're going to try to listen to them and see if it works for them. So that's just a few points that I would like to make. Okay. >> Thank you, Fred. >> Thank you. >> Is that it? >> Thank you. >> Question.
>> We're out question. >> We'll be here all night if we don't and you've already had your chance. >> I just ask a question. >> No. >> Is there not a code in Cocoa Beach about a 50 foot limit on height in commercial neighborhood zones?
>> Sure. I'm sure there is. >> But who's building 50 ft? And that's not part of this conversation. >> No, we're getting we're going to be here too long. Let's close public comment. >> I got one more one more person wants to talk. >> No, he already he already spoke. >> You already spoke.
>> You already spoke, sir. >> I told the attorney he would have a chance >> to come up and speak at the end. >> Do you want to do it now or do you want to do it? We're Because as soon as you finish, we're going to discuss it among ourselves and then we're going to make a
recommendation for a motion. Well, if you discuss it amongst yourselves and you have questions, would you then ask us those questions? >> Oh, yeah. We always do. >> Yeah. >> All right. Yeah. >> Well, one thing I just wanted to to >> Hold on. I'm sorry. Do we want to just ask him questions if we have questions?
I mean, we've already heard him speak. Let him talk a minute. Yeah, we can still ask the question. >> In a quasi judicial hearing, he he has he has the right to do a rebuttal, >> right? That's what he's doing. >> Quite judicial. Yes. >> All right. Uh I just wanted to address
some of the things that um people mentioned. Uh you know, one uh I think that the part of the issue here is it's commercial on one side, it's residential on the other on the other side of the canal. Uh there are commercial uses,
there will be commercial uses. This is compatible with those commercial uses. Um, and you know, one thing that's uh there's been this allegation that our my client has not been honest. You have to remember my client came to the city,
presented everything that was going to be done, you know, described what what he wanted to do. Uh got the uh the use permit and, you know, expended money on that based on that and found out about
this, you know, after the fact was told, "No, you even though we checked off that you met the zoning, now we're telling you you don't meet the zoning. you have to uh apply for a special exception. So what? Yes, my client did want to do
bioluminescence tours. Yes, he did want to do different things. However, the the city, you know, Corey is suggesting well, we should try to to limit it. There there should be limitations or you know suggest some things. Uh one thing
we understood that it would be you know the the boat is a 49 passenger boat. So when he said it's a limit of 45 uh passengers, all right, we can we can do that. Uh that's not not 15 per trip, but
45 each time, you know, that's that's what we're willing to to limit it to because that that fits the boat. And uh so you know and my client is is willing to uh stipulate to some of these uh
conditions. Uh however the conditions came the the conditions have just now been coming and being suggested to us and by the city and you know so any confusion we're not we're not trying to say oh we're only going to do 15 and
then make it 45. It's three trips a day 45 passengers. Um the people, you know, boats could come up and down these canals. You know, tour boats could they they don't. My client does not intend to go up and down
the canal. It's not a canal tour. He wants to load, you know, quickly, get in the boat at idle speed, get out of the canal, get into the river. >> It's a thousand island tour.
>> So, he's going out to the Thousand Islands. So they they they want to be respectful of the the people across the canal. Um but uh the the property owner has made a good point. This is you know
there's this is not a residential canal. It's adjacent to a commercial uh property. So it's it's a it's for everybody uh as Mr. Kabort said. So the uh and there's there's no I don't think there's any
line in between. you know, you're you're restricting the the the zoning is as to the uplands. Uh the use of the canal is like something everybody can do already. Uh this is just the use of this upland in this commercial area. It's it's
compatible with with everything on this side and my clients are willing to make it compatible with the other side. They've bought this boat. um they would really like to be able to operate this boat in a in a safe family oriented
oriented quiet manner. Uh keep everyone up on the shore. Um there's a fence there that somebody mentioned. Uh that's for privacy and safety. You know, the the people will be on one side of the fence and then when
when they're ready to load up and get on that boat, that's what they'll do and they'll get on the other side of the fence. You know, it's not going to be people all day every day making all kinds of noise. They're going to pass by quickly and be gone several hours, come
back quickly and unload. >> It's also seasonal. >> Not every day you have that kind of clientele, customer base. >> Who's speaking from the gallery, please? >> Um, and I believe now, uh, Mr. Miller did file this letter. um and uh he had
numerous questions in that and some of them have raised but been raised but I think that these have been answered there there is adequate traffic circulation uh the overlapping scheduling of the two boats you know maybe that they they can't do the two boats that was their original plan
>> but have been >> I'm sorry >> you're up three minutes >> okay >> oh no he >> no we let the attorneys attorneys have special privileges >> sorry >> okay We answered the fact there will be bathrooms. There's a sales and ticketing
office. Um there won't be food or refreshments. It's not, you know, they'll they'll bring bottled water. Should we need that for safety? Um there won't be a storage building on site for supplies. They're they're in the existing building.
There's a storage area. Um the dumpster that would be used is the same dumpster that's there now for commercial purposes. Um, I don't think there needs to be any improvements to the dock. It's already set up. It's it's already something there. It's not people building a new dock or building
something new. It's just this use which was approved um on that dock. And my clients respectfully request that this special exception be granted. >> Thank you. >> Mr. Watson, did you consider any legal
action against the city for what they put the clients through at this point? Uh well there's always a possibility >> uh there's a vested rights right >> case you know it's it's we were told this was could be done every everything
was explained to the city you know and I apologize I mean mistakes can be made things can be overlooked it it certainly looked as if this was all there was nothing further needed it met the zoning and that it would be uh allowed And my
client got everything he needed, signed a lease, bought a boat, did all these things, got all ready to start, you know, March 1st, brought the boat down, I think February 18th, and was told at that point, "Oh, there's something we
missed." And, >> you know, there's more confusion here. Um, first I'm really sorry what's happened to you, but it'd be a real shame if we denied this uh request and 6 months from now there's
two restaurants built on that canal, that would make no sense at all. And I think if you commercialize that canal with the drift project, then putting that boat in is almost a no-brainer. But if it's just a boat by itself and there's no other things going on, then
there's a major decision to be made here. >> Well, we know that those are going in. We know the restaurants are >> That's not I also heard that they were going on the river and not on the canal. >> Oh, they are going, >> which is a completely different situation. >> If they're on the river, they're not on the canal. The canal remains quiet and
everything else. So, I think we really have to understand what's happening with those restaurants. If it's me, if it's the boat by itself, I think one way. If the canal is going to be commercialized with restaurants, it's a whole different situation. >> Restaurants are on the river. >> Okay, >> that's the plan.
>> All right. >> Is the parcel So, is is there a buffer between the river and the canal? So, if you've got if I'm So, if I'm a developer and I'm looking at that and I've gone, one of those parcels is not going to be on the canal. The other one would be
half on the canal, half on the river if I'm Is that correct? >> Yes. But I think the the face of the dock's going to be on the river. >> Okay. So the dock >> that's how it's planned at this point. >> But the layout of the property, you're going to it's two parcels, >> correct? >> One along the rightway and then the
other adjacent to the open water and then the canal. So you are going to have a restaurant parcel canal, but >> it'll be on the corners. >> Yeah. Yeah. Yeah. >> Yeah. It won't be up the canal. >> Exactly. In the residential area. >> Yes. >> Correct. restaurant.
>> That's a tough one. >> Any more questions? >> You sir. >> Okay. Thank you for the city. >> Yeah. >> Can someone in the city please explain to me why nobody's taking responsibility for this?
>> Nobody wants to jump in and say take responsibility on the city's behalf for this kind of mistake. Yeah, it's definitely uh something that would look past the the point he should have went through a this first before it
was completed. That probably been the best way to go for sure. >> Do we need to close? Did you close public comment? >> Yeah, you closed it. >> Yeah, we already had the rebuttal. >> He did the rebuttal.
>> Okay, we're about ready. I want to see what they're going to come up with. We're about ready to discuss it. few minutes and then someone jump right in and make a motion. >> We'll get you after. >> Are we making a motion to discuss? Are we making a motion to deny? Are we making a motion to approve? What is it?
What's the motion? >> So, we discuss and then someone will make a motion. >> Okay. So, we discuss first. >> Yeah. We don't need to make a motion to discuss. We just discuss. >> Okay. Well, >> we got spoiled. >> We're presently discussing >> where they wrote it all out for us. >> Okay. Well, I just I just want to know. So, we're having a discussion and then
the motion comes after the discussion. Okay. if I can open the discussion. Um, this has been a this has been a very emotional packed evening. Um, I have a tremendous amount of sympathy for the applicant for what he's been through. Um, I have a tremendous amount of
sympathy for the homeowners as well. Um, we are required as a board and I'm required to make my decision based on fact alone. So there are two facts that I'm going to cite and one is that the boundary of the business district ends
at the land as far as we can see. Therefore, one would have to assume that the canal is a residential canal because it's in a residential zone and not a business zone. So if so if that if that's the boundary, the other the other fact I'm
going to cite is that it's an environmentally very sensitive area with manatees and so forth. So, um, my decision based on on facts and trying to leave the emotion out of is is I won't be able to support the exception.
>> Canals aren't zoned. >> Uh, is he right in saying it's a residential >> that's not >> actually as as Mr. Kabort said, there is no such thing as a residential canal versus a commercial canal. those um you
can have commercial boats going in any canal. a a commercial property owner on a navigable water has actual rights to use the water for commercial purposes and that's a guaranteed and and and to
your to that point that's what I struggle with is the commercial property own uh we we have heard from >> uh the residential property owners and I acknowledge that they do have rights to their residential property the commercial property owner who spoke has similar rights to his property to and
and that is a commercial area that's commercialzoned. >> I I'm a commercial property owner who has commercial property on water and I by right I'm allowed to commercialize that waterway. >> But if we already have tried in history
to commercialize that canal and it's been already denied, what changes it now? It >> that's a it's a fundamental right. It doesn't it's it's not by >> Yeah. But if they couldn't put a band and commercialized
uh restaurant and bar and bands out on the canal and that's already been turned down on the benefit of the homeowners, what changes that today? >> According to the table of 2-33 of the land code, it is acceptable with a
special exception to have motorized craft on there. >> So I don't think the current petitioner should be held responsible for the actions of others. That's a violation of his rights >> and it okay I think we're talking about riparian rights here and the riparian
rights uh rights are quite different from putting a band in the backyard of a commercial area. Um commercial owner on property does have riparian rights which means they can have access to the water and they can use it for commercial
purposes if it works. >> Yeah. >> Okay. It's not an absolute um but it is it is among the bundle of right that you buy when you buy on on water >> and that's
>> the riperian rights >> is knowing that many years ago there was a hotel there there was a bar there many bars there was a restaurant right on the riverfront on the west end of that property does that matter that was all there the
houses were built two, I believe. I was young, but you know, back then you could drink at 18. I just got out of the Navy, 21. And the bars were open. Everybody closed the bars and then everybody went to that location cuz they were open till 4:00 in
the morning with the hotel there. >> So, you want to talk about a wild area? Cocoa Beach was a wild west show. >> They weren't close to the canal, though. >> Excuse me. They were >> they were my uncle used to own the bear bowl that used to be there. They were
more closer to 520 and at not the canal. >> We used to go to Dino's. We never near the water. >> Go first east more the caravl motel. They had a jacuzzi. >> But anyways, that's all. So comments are closed. Rebuttal's done. The the
attorney asked some more questions. We did it. Now it's up to us to ask each other questions and bring up our thoughts of it and then we'll come al come come out. >> And I'll I'll state one other thing. If you turn it down, you should give a
reason. And it should be fact-based. >> It should be what? >> Factbased. And it should not be based on emotion or you feel sorry for somebody or or whatever. Um >> so why are we here?
um you're here as this is this is a quaai judicial hearing. Each one of you is like a judge in a court. So it's it's very much like if you go to court, a judge is not permitted to feel
sorry for somebody, make a decision based upon that. They have to make um decisions based upon fact. And just as an example, you did hear facts with regard to the ecological issues with that canal. That's a fact. Um you did
hear facts about the the size of the canal. Um you could you could talk about that. Um you could not make a decision based upon all the property owners on the other side of the
um canal are against it. That's not a fact. I mean, that is a fact, but that is not something that you can base a decision on because it's not a popularity contest. Um, you you have to make a decision
based on the evidence that you have heard. And I think I can tell you I think you've heard evidence that could go either way. >> Um, say that. >> Well, no, I mean, I think that that's true. But just like a judge, a judge
decides things based upon 51%. You know, they they make a decision. It's it's more likely, you know, this way versus the other way. Um, so it it's up to you and y'all are
acting as judges. I'm inclined to support it. It's a single boat coming or it's a boat make transiting a canal three times. in a day. >> You want to restrict a single boat? >> No, no. I'm just saying the original
petition is for a vessel to to come down a canal three times, put some people on it and load. Now, all the other the up upland stuff, which is there are some concerns about the upland activity. To me, I I resolve that and this is my reasoning. That's a commercial area.
It's always been a commercial area. The the train track example is a good example. If you move adjacent to an airport, can't complain about the airplanes. That is the causeway. If in every major beach city, that causeway is basically the main street. It's going to
be a commercial area, and that area has always been commercial. So, I believe the commercial property owner has rights. Um, and I believe the petitioner is asking for a boat to come down the canal three times. A boat could come down the canal three times now. Boat could come down the canal 10 times. doesn't have commercial dockage but
public waterway that it can do that. I don't think that I think that that's a reasonable request given the property owners rights and that's why I'm inclined to support it. >> I think I think probably there's some confusion with the parameters here. I mean, I've read three different pieces of paper that said three different
things. >> Yeah, they need to be cleaned up. >> Um, you know, first it's 49, then it's 45, then it's three boats, two boats, night, day. I I can't get a feel for what is going to go on here. >> We can do what we want, >> right? But we haven't discussed that either. >> Okay, that's go ahead. >> Okay, that's that's where I'm very
confused about this. >> I'm >> and what you know if you tell the guy you can have only 15 people per boat, he that's not viable. >> Never worked. >> Yeah, his gas cost that. But anyways, I'm inclined to agree with only one boat and maybe give him a two or threeear
trial period. We've no complaints about him. He's a good guy. He's run a first class operation. He can come back and request right after a couple of years. if he can request a hey I've been a good businessman I I get along with the neighbors and let's request a second boat 45 people a boat does sound
reasonable uh also reasonable is uh three tours a day you know in summertime we have what from 7 in the morning well he wouldn't go out say 8 in the morning to about 8 at night of 7:30 at night that's a long day and if you'd given a
twohour tour three uh three tours that only means is what you can go out for two hours and come back and sit for two, go out for two, come back and sit for two. So that's something we should discuss. Uh 45 passengers, that's what the boat can handle. And you know, uh tour shall be
launched to end a year rounding daylight here. Idle speed, I think you run idle speed in those canals. I mean, especially after seeing the pictures of the manatees, >> at that point, if you're going to allow 45, you might as well maximum of the boat of 49. I mean, It seems silly to
draw the line there. >> We could be here all night setting these parameters though. I mean, you know, you've th you've thrown some parameters out there. >> We only I like the city. >> But so so are you are you sticking with the parameters um as outlined by the
Exactly as outlined by the city with the exception that that >> just a draft for you guys to have something to go by? >> Yeah, we had to start someplace. So, are you proposing that that we adhere to that with the exception that it's it's actually in fact 45/49
people per tour as opposed to 45 people per day, which is a a typo in that document. >> I mean, I don't think it really matters whether it's 45 or 4. >> And it matters whether it's 45 or 135. >> Well, that it does, but we're not putting we're we're talking about the limit of the boat itself. We The last
thing we ever want to do is let a guy spend all kind of money, set up a business. you know this guy's dream and doing it and then make it so restrictive he'll be out of business. >> You don't want it that to happen to anybody. >> So that's how I feel.
>> All right. So it sounds like we need to develop we need to hammer out the parameters to get agreement if I you know if we can find something that's workable. >> Yeah. >> We haven't heard from you Ron. >> Yeah. I don't know. I mean I I can go both ways. I feel really really bad for
what he's been put through. >> Yeah. >> He should have never been able to invest in this property without knowing he had to still go through this board. That's just absolutely sacrilegious. And I feel bad for that. I also feel bad for all of the homeowners. I mean, know
what it's like to live on a quiet canal. Uh I didn't say no yet. No, but um you know, so but if you can commercialize the canal, that's one thing. If you're going to keep it quiet, it's a whole different situation. And
I'm right about the ecological what you pointed out. I you know, that's uh that's you call it echoing the waterways. >> Yeah. You're killing manatees when you're wearing your echo. >> So a 45 ft boat is huge for that little canal as far as I'm concerned.
pontoon boat. >> It's still big. >> They maneuver. You're a boat. >> We have the We have the two uh uh Sunset tour boats come by all the time and they make that air pin turn. >> We have a 45 foot boat in our canal now. We have two of them.
>> They're sitting there. >> Yeah. And they're they're pointing out backwards. They're fine. >> Yeah. >> Do you find the uh tour boats going by your house offensive? Uh well, when they go by, I we have a condo
on uh at the hairpin turn and uh I see that all the time, but you know, they're already on the boat. They're just going by. I mean, they're not loading, unloading, and that uh so you don't have all the activity. Everybody waves ways back. It's kind of a neat thing,
>> but you don't have all the transactions happening right there. So, >> Rick, I know what you said earlier. Uh, are you still convinced of that? >> 100%. >> 100%. Yeah. Okay. Again, if you if
you're going to detail like like the vagaries between a residential canal versus the canal is in a residential zone. Um, the the the line would be clearly running along the land. So, the canal is in a residential zone. Now, if
a residential canal can be commercialized, maybe, but I I think it's still clearly in a residential zone. And um we we have pictures of manatees. It's it's an environmentally very sensitive area, and I just don't
think that this is an appropriate operation. >> Can I make a suggestion? >> Sure. >> Um there's no doubt this guy's in a jackpot and we put him there or the city put him there. Um, is it possible
for the city to help him find another location for his boat rather than >> huh? >> I don't know. I don't know what it is. I mean, we got Coco. We got a lot of different places for that boat can go. I mean, there's a lot of stuff by the
country club. I mean, there's tourists going out of there now. >> Restaurant marina >> there. Well, I'm not going there. Um, but I think first of all, this guy's in a jackpot. There's people against it. We're kind of confused about whether or
not to because we feel bad for the situation. Maybe we table this and see if we can come up with an alternative that he can save it, still have a business, and everybody wins. >> He's so he's asking us to grant permission for this property, which he
has. I mean, we can say yes or no. I mean that's the he he he he has all of those rights and all of those things you said he can do that he can said he can help him or not that's the question before us yes or no here >> well the nice thing is we can really put restrictions on
>> that's what's good about having conditions >> I mean we can help him >> right it's helping everybody >> yeah I'm just saying like you're there is a pop there is the power to solve the problem we have it
>> if if you view it as an injustice. I'm just saying >> solve the problem for them, but not for the res. >> Yes. There's always going to be someone. Yes. >> Are we not and are we not having to simply vote up or down on this proposal? >> I mean, is that what we're here for is to vote up or down with on this
proposal? I mean, we can it seems like we can make recommendations that the city can help him and assist him find an alternative >> last resort. >> But, but I mean, well, I understand that, Don. And that's and that's I mean are we not here to say yes or no on this
particular request? >> You are. You are and to weigh in on the conditions. But yes, I I totally understand your your position on this, but it's really not up to the board to do that because
the board needs to make a decision tonight. >> Right. >> I don't like you. >> I know. I know. How do you think I feel? Wait a minute. >> I'm I'm I'm I'm never the the bearer of good news. >> Come on. How do you think I feel 30 years on this board? You know how many
rough decisions we've made? >> It's tough. But >> he approved the first automobiles allowed in the city. >> Excuse me. >> Oh, Don did. >> Yeah, I denied you something. >> I'll do all >> You approved the first automobiles in
the city. So, >> someone needs to make some kind of a motion and I I and I I'm not sure the parameters. Do we make an emotion to >> I don't I don't like on the board is people who make negative motions like because negative so it makes >> well then somebody needs to make a
positive motion. >> Somebody needs to make a motion. >> Yeah. The question is is do we bother reddrafting the language? Do if we have four people that are going to support it then we need to reddraft and work on the language. I'm inclined to support it. >> So, I believe we should try working on
the language. I think there's probably two other people inclined to support it. If there isn't a fourth, >> don't know. >> I don't know either. >> I'm like, >> cuz if we're not, we might as well go home. We ain't got four to reddraft this
four. That's the way to do that. >> Withdraw. >> I think we got to make a motion and vote on it. We have parameters if we are making a motion. >> It sounds like if we're going to vote to if we're going to vote to approve, there wants to be some workshopping done,
which I agree and that is reasonable. We need to do that and we need to draft and come up with what language and what restrictions we want if we're going to make a motion for it. >> What do you say about that? >> Because that's the whole reason they gave us the draft language. So, we either need to get to work or we
need to vote to deny. >> But I mean, I nobody think of us. >> Well, Beck Becky, is there is there a reason you cannot make a negative motion? Is it is it not allowed to make
I know you don't motion. I make that we deny a request. >> Okay. >> You can make a motion to deny the request, >> right? You can make that motion at any time. So, we either approve you or dis. It gets it gets sometimes a little complicated at the end of the day. And
yeah, I mean it will be telling whether you have a second, but ultimately there's um Yeah, go ahead. >> You e we're either going to approve it or not. And you can see >> Well, nobody's making a motion to pass it. >> No, I mean you can make a negative emotion.
>> You know, some of the things, you know, that they wanted, we wanted, you know, my suggestion is one boat, three tours. Uh, it sounds great. >> Wait, first of all, if you want to decline, according to our attorney,
there's got to be factbased why we're doing it, right? >> Correct. >> So, what are the facts that give us a reason to decline this? >> A, the canal is in a residential zone and B and B, it's B, it's an environmentally sensitive area.
>> The canal is not in a residential zone. It isn't a residential zone. It may be used for commercial purposes for >> for the sake of argument. This is not my position. There are man attorney. There are animals and the boat's 45 foot long in a 80ft canal which makes that
>> is that canal in a residential zone? >> I don't know. But that would not be relevant to this particular application because it is a it is on commercial property and the commercial property does the property owner does have
riparian rights for commercial purposes. Um you have stated some other I just don't want to lose it in court frankly. Um, so you you you've talked about environmental issues, which you saw the
pictures of the manatees. That would be something that's fact-based. I don't think calling it outside of a residential area is a fact that I'd win in court on. So, it would be my recommendation that
that not be used as as a basis for denial. Another fact could be the length of the boat in an 80 foot canal would take most of it and be intrusive when it turns around upon the residents. >> That would be a fact. Correct. >> I'm not a voter, so I don't know.
>> You're a big boater. Is that a problem? >> I'm not a big boater. >> Not a little boat. >> Little boat. >> How big? >> 20 foot. >> Not that big. >> I know, right? I need to get a bigger boat done. No, but you know when we when the commission put in the restrictions for
the bands on downtown they end at 10:00 it was for the residents behalf right it was upsetting the residents and was impeding on their >> whatever noise >> privacy calmness sereness
>> that was legislative >> yeah but >> very different very different that was a legislative decision When the when you pass an ordinance, it's legislative. Then you can make things based upon how you feel about it,
what you think is the overall feeling. Okay? But quasi judicial, you're a judge here, so you have to base it, you know, on on the facts. >> So I'll go back to this. What are the negative issues that's fact-based to decline? >> You said the animals in the in the
water. >> That's one. >> The length of the boat turning around. too. >> Um, >> Moyes, >> I think you just need one or two. All she ask is >> Well, let me ask you a procedural question. >> Yes. >> If we do a denial,
>> we still have to get a majority votes. Correct. >> No. >> No. >> Oh, >> so somebody says they want to say granting. Well, let me see. >> I thought we did two for pass. It needs four out of five. I say this is what we
want and we vote. make a motion to pass and then four people need to say yay >> and we pass it with conditions. >> Oh, we vote on it. If we deny it, you can have >> Okay, it's I'll just read it from the ordinance. It's called concurring vote.
The concurring vote of four members of the board of adjustment is required to grant a variance or special exception. Okay, it's to grant it. So, there are only five of you here. Um, Miss Wallace is here, but she is the
alternate, so she's not sitting, you know, up there right now. >> Here, take my seat. >> So, if there are if if there are two of you who are a hard no on this, >> then it would be impossible to get the
four positives. >> And may I just make one quick statement on the restrictions? >> No, please don't. Please don't. Let us discuss it. We're we're going on the advice of our council here. >> I make a motion to deny the the
exception based on the environmental concerns and based on the safety issues and noise and pollution issues regarding the operation of the boat in the canal. >> Do we have >> Come on. >> Come on. >> Please. Please. This is a tough tough
job up here. >> Okay. So, now it sounds like we need to workshop. If there's if there's no one seconding it, then it looks like we have >> I don't know >> four people that could >> I have to tell you the bottom line. First of all, I appreciate the owners, but it is so great that we have people
that want to invest in the city and create businesses and create revenue. I think it's just phenomenal. We just have to figure it out while while not upsetting the world and all the residents at the same time. So, >> well, we can restrict the hell out of this thing if we don't vote for it.
>> All right. Well, then let's start. >> Okay. It looks like it died for a lack of a second. >> Huh? >> Did that that motion died for a lack of a second? >> I didn't hear. >> Okay. Then then my recommendation is you need to talk about the conditions
and if you need I think >> I think the chair, >> you know, got a good start on it. >> So Ron, it seems seems like you had the biggest. Okay, so let's do it like this. on. It seems like you had the most reservations and and we and we respect
those. So, I would assume that you uh and Mr. Goldberg have a a good amount of reservations and stuff restrictions. So, seems like you guys are open to it. Let's start hammering those out so we can get home at some point and have
everyone, you know, >> make sure the Let's go through this quickly. >> Must be properly registered. That's pretty basic. Observe idle speed in the canals. We all agree with that one. Number of boats, one. We all agree with that. Number of daily tours, three.
Number of passengers, limited to 45 or 90, whatever. >> Per trip. >> Per trip. Yeah. >> Per trip. >> And then whatever. You got to pick one. I mean, >> well, number let's pick one. >> Ain't going to be a contention. 45 49. >> Let's pick one. >> You can't rent. >> Let's pick one.
>> Number. >> I would say 49 if that's the max. >> 49 sounds great to me. You're going to have a crew, so it's it's 45 passengers. >> Okay. >> Uh tour shall be launched and ended year round during daylight hours between door and dusk. >> So far, >> legal sunrise and legal sunset is how
you should define it. >> Okay, we can change that. >> It that changes the day, doesn't it? >> Yes, that changes every day. >> No, it's on the weather channel every day. >> When I duck hunt, I have to check legal sunrise every morning. So, I'm sure this operator can
>> open his phone. Yeah, but he's trying to advertise tours. Well, last tour is at 600. H that's that's not daylight anymore. >> He spent a half million dollar on a boat. He'll figure out sunrise. I'm confident. Okay. >> You're not telling him when they have to be. You're just telling him when it can't be.
>> Oh, okay. >> So, he could still advertise we start at 9:00 a.m. >> Mhm. >> That's obviously after sunrise every year. >> The big thing is going to be at night. >> Yeah. How do we help out the >> How do we help out the homeowners by limiting the activity around that boat
that they go in quietly and get out quietly and it's not a big disruption to everything? >> I think you do that by limiting the volume of tours, the number of tours, >> and there should be no no speakers allowed. >> Yeah, there you go. Bingo.
>> Um until they're out in the open water. >> Yep. I thought about that about an hour ago. >> The big motivation for them is to follow these rules that maybe in two years they can get a second vote. >> That's open. You know, it's we don't
have >> We don't Yeah, we're not going to Don't draft that. >> You can't ask. They already have the legal to ask. >> He bought a boat. We're going to let them have that boat. >> You can say it's two-year probation, too. >> No, we're not. I'm just going to >> I don't like that. That's tough. >> Yeah. >> I will sayough and it's it's important
to for everybody here to remember. If the operator if the applicant operates outside of these conditions at any time, >> this board can pull that special exception and shut them down >> or this board can modify the conditions at some point in the future, whatever
they may be. So, >> when has that ever happened? >> Pardon? >> When has that ever happened? >> I mean, for in this town is lacking, unfortunately. Well, I I'd like to think that all the operators do so per the conditioning. >> Yeah. But this is obviously you're going to have a lot of eyes and ears out there
watching this if the if the approves it. >> No. No. >> No. >> Now, does the petitioner have any say on what we're trying to the parameters we're putting in? >> No. That's right. >> We can we can >> that has been done by the way. >> Whatever we want. >> Yeah.
>> You're the judge. >> So water sports. So, if he doesn't accept those or that doesn't work for him, he can just hold up and kick rocks. >> I mean, I don't know what more we can do for this guy or not do for him. >> So, I think no speakers is fine. I I
think that's I think that's reasonable. I think that's well thought out. No projection devices. I think restricting it during normal business hours, I think that's generous for the people. Uh, are you selling beverages or
>> giving waters out if people need them, but people are allowed to bring in their own drinks and food? >> Alcohol. >> No, I think I think there should be a restriction on alcohol. >> All right. No alcohol. >> Wouldn't they have to get a license? >> Beverages, I guess. Right. >> They they would, but so we don't want
them to have that. >> Condition six and seven. >> Seven. I mean, >> yeah. I don't think we can I don't think we can regulate what a boat does underway on navigable waters. I believe that's outside our jurisdiction. We could prevent them their BTR from
allowing alcohol. Yeah. Yeah. Yeah. Like >> Yes. Yes. You can't sell it at the dock. I don't believe that business can they shouldn't be licensed to do that. But >> they won't be able to get >> leaves the dock. >> Yeah. They won't be able to get an
alcoholic beverage permit without the sign off of the city. >> Okay. >> So, we won't sign off on it. >> Yep. That's I think that's reasonable. >> Um, so you mentioned before that the parking is going to kind of be away from the dock. Is that what you said?
>> Parks right up. It's right up on the dock. The cars will be parked right up next. >> Everything is in our application. >> Okay. I was just trying to prevent a lot of loitering and people hanging around before and after.
I thought you said lawyering loitering all >> you to do that lawyer. That'd be great. >> This is a tough one. >> It is. I don't have >> Okay.
So, you got them. Is that what we >> we had no drinking on the no alcohol? >> I think that's beyond you. One one thing that I think that we should me personally as a member, I like to use
restraint when restricting things beyond our specific jurisdiction. The the example was when we had the guy with the smoker. I don't want to play fire marshal. Now, that's just me and there's four other people that could do whatever. But I think the fire marshal, he's much better at fire, he's a better
fire marshal than me. >> I missed that. >> So, similarly, like once a boat is out underway on the waters, I'm not that great of a marine patrol officer. If you ask the marine patrol officers I've ran into, they would say not good at all,
but I don't want to be a marine, you know, like once they're underway, that's >> look we're approving a tour boat, not a party boat. Yeah. Yeah. >> So, let's keep it a turbo, >> right? In other words, Becky, they're not going to be providing anything. >> Yeah. And and we and we can by limiting
the sale. >> Walks on with a cooler bag and it has a six-pack in it. What is he supposed to do at that point? >> They're not engaged in the sale of alcohol. That isn't regulated by us. >> What happens when that happens? you
>> I believe that you could restrict this vote and put that um you know I don't know what happens from a practical standpoint and they say that they're baby bottles in there and it's their bottles of booze >> and they go out out of city limits.
>> Yeah. Um, I think we can legally put that there's not to be alcohol consumed on the boat because with the idea that you don't want people coming back drunk, >> right, >> and making a lot of noise. >> Do they drink on the So, the other Okay,
to that point, fair enough. I'm I'm I'm listening. I'm open-minded. The other Right now, we've got a guy that operates a boat that goes around and gives tours. Does he have a similar restriction on What do they do on theirs? Cuz I think they sell alcohol. >> They should be alcohol on the boat. Oh, there is. >> Okay. So,
>> $6 a beer is what they're doing. >> It's also right outside of a bar and restaurant. >> Yeah. So, that's fair enough. I I I don't think this boat should sell alcohol. I'm I'm I'm for it seems like that's a restriction that y'all want. I don't think they should sell alcohol, but >> Becky, you said we we should make it alcoh
There's a difference between selling and allowing on the boat. Right. >> Someone bringing a couple of beers on a boat is different than selling liquor on a boat. >> Exactly. >> So I'm not I'm not to someone bringing a couple of beers on a boat. >> I wouldn't allow people to drink liquor. >> What? >> I would not allow liquor.
>> All right. >> So, but I'll just limit it to that. No alcohol sold or used on the boat, consumed on the boat. He's fine with that. >> If somebody No, I said no liquor. I said I'm fine with someone bringing a can of beer on a 2hour trip. >> Yeah. I mean, that's
>> I think that's reasonable. You're not going to get You're not going to slam a 12-pack or an 18 pack in 2 hours. >> You don't know down. >> I've been running charters for 20 years. Like I >> do you want to if we make a positive
motion, >> it needs to get four votes. >> Yeah. >> Basically, we know we only have >> four votes left. We know Rick, he's already said it twice. He's not going to vote for for approval of anything, you know. >> Michael, is there anything else you're
looking for? >> No. No. Uh maybe free tours for the residents. >> For the homeowner? >> No. Just kidding. >> Uh no, you >> No, I'm good. >> Okay. What about What are you looking for?
>> No, I think we just listed it. >> Then great. Make a motion. Do does he need to read that his draft for >> I would I would suggest that you do that. So yeah conditions. >> Yes. >> So Ron, you make the motion and then read your set of conditions which you've
taken notes on. >> It's all six plus number seven. Seventh condition would be no alcoholic beverages. >> I I'd like to make a mo motion. You want You said you want me to make it. >> I'd like to make a motion to approve the Can I read off that? to approve the s uh
special exemption PZ268 um subject to the following conditions. Must be properly registered, insured and operated in compliance with US Coast Guard regulations in Apple, state and local laws. Observe idle speed and canals and designated areas. Number of boats limited to one boat. Number of
daily tours limited to three. Number of passengers per tour limited to 45. tour shall be launched and ended year round at uh legal sunrise and legal sunset. Uh subject to the restriction that there will be no use of speakers at the dock
or at the commercial ped um >> within the canal within the canal way. >> No, no use of speakers within the canal. And that no alcohol should be sold uh on the vessel or or at the No, no sold.
They're not gonna sell any alcohol anyway. So, no alcohol sold anywhere. >> I would I would like to change the 45 to 49. There's no reason not. >> Okay. I amend my motion to be 49 per tour. >> Okay. >> We need a second. >> It's 49
customers in >> Oh, it's 49 customers. Okay. >> I amend my motion to be 49 customers and two people. And that's it. My motion and we're done discussing. >> Do we have a second? Wow.
>> Make a second so we can vote on it. >> I can't. >> The chair. The chair can pass the gavl. Even you don't have a gavl. You can just hand it to somebody. Pretend you're handling and then you can do a second. Yes, you can. >> I'll make a I second that motion. Now,
we get two things we can do. We can either call a vote or we can further discuss it at this time. It gives it just another shot. >> I think we beat this horse. >> You beat it >> to death. >> Pass it back to you, sir. Thank you. >> Okay. And there should be a roll call
vote. >> Okay. Roll call vote. Don Haynes, >> yes. >> Ronald Bogger, >> yes. >> John Kabard, >> yes. >> Michael Goldberg, >> yes. and Rick Anderson. >> No.
>> No. >> The special exception passes off, >> right? >> Well, we bet officers still really feelsh. >> Wow. >> All right. So, I have um one more
general public comment. >> Taylor Kavanaaugh. >> Yes. Hi guys, I'm Taylor. I work for Happy Palm Stays. I run our compliance department. We're a local property management company in the area. I just have two quick questions for you. Um,
regarding the citywide short-term rental ordinance that we had adopted last May, um, can properties like Chatau by the Sea located at 5300 Ocean Beach Boulevard, which is similar in location and proximity to the pier apply for the
same nonconforming use to avoid the higher licensing fees that Cocoa Beach Towers was. >> I think this is probably the wrong for >> Yeah, I don't think we can answer question. No, our lawyer had advised us. >> Maybe the commission but not the board
of adjustment. >> I'm sorry. >> Have yours a call. >> But have your lawyer email the city manager's office. >> Yeah, they're helpful. >> Just call Becky. >> Yeah, >> Becky, our have have your lawyer call me. >> She tells me no whenever I ask her
stuff. So, >> get our >> nice two and a half hours. >> Thanks, guys. Sorry about that. >> Do we have to elect officers today? >> Yes, we need to elect officers today. >> Why are we electing now? >> Sorry. >> Why are we electing now? Aren't people's
terms up in November? >> It's our first meeting of the year. >> I nominate Don Haynes as chair since >> Indians ran this. >> Oh, automobiles are invented. >> Yeah. >> Is the chair ameritus?
>> Are there any further nominees? Take it, Dan. >> Okay, then I take it again. My wife will kill me. >> All right. >> Now we got to nominate and a vice chair. >> Vice chair. >> Correct. >> Who's Who's current vice chair? >> Me. I nominate.
>> Are you ready, Mike? No. Have you been vice chair yet, Mike? >> Uh, my term is going to be up very soon. >> Is it? When is Who are you appointed by? >> Is Is there an election in this November? >> I think so. Isn't there? >> Yes, there is. >> For city council? I >> hope so. I've been waiting for six years. Come on.
>> Yeah. >> Oh, I don't even know. >> No, but you they may not change you. Have you been vice chair yet? >> Skip's out. I'm out. I'm not. How about you? >> Oh, Skip's turned out. >> Yeah. >> No comment. >> One of you two. >> I nominate Ron Booger.
>> I'll second it. >> Don. There we go. >> Well, who Okay, John. >> All in favor for Ronald. Yes. Okay. >> All in favor for Don. Okay. So, where are we? >> Where are we?
>> Carrie. What else we got? >> Yeah, that was tough. >> No way. I was going to say, >> okay, >> Dave, >> you know what though? I mean, >> hang tight one second. I just wanted I didn't hear you. Eating a trip now.