call the meeting to order to stand up. Do the pledge of allegiance. >> Go. >> Yeah. I pledge algiance to the flag of the United States of America and to the republic for which it stands. One nation
under God, indivisible, with liberty and justice for all. >> Okay, we'll do roll call. We got >> here >> absent here.
Anderson here. Carolyn >> here. >> We have to talk about any disclosure of conflict. Uh I have visited the property, but I've not talked to anybody else. >> I visited the property twice.
>> I've done a driveby. >> Yeah, same here. But >> Okay. >> All right. >> So, I guess we can go with the presentation. Um, that's not yet. >> Oh, >> that's it's new under new business. >> Okay.
>> So, there isn't any special presentation. >> I guess we can go to public comment. >> Anyway, should we public comment on this? >> No. >> No. Anything else? >> Yeah.
>> Chairman, if you'd like to call for public comment for any items that are not on the agenda tonight. Yes. Um, anybody have any public comment for the agenda tonight? >> Anything not on the agenda? >> Not on the agenda. >> Anything not on >> Anything not on the agenda. >> Seeing that, I think we can close and
move on. >> If not, we can close and move on. Thank you, Garrett. >> All right. >> Okay. >> Staff reports. Nothing to report. >> There should be board members. Nothing. >> Um I guess this is where I asked this
question. Um kind of concerned that we haven't had meetings over the last year and a half. Is there a change in the procedures administrative approval? >> Um no, there just had there could be a couple approvals like that, but we just
haven't had any >> really just haven't because monthly we would have them >> get outside the the guidelines right now. So >> yeah, >> it's been a slow year. Yeah, >> that it
>> anything else. Okay, we can move on. >> Approval of the minutes. Sounds like there's some concern. Why don't we move that to next next meeting? Let us do a review and make sure that
we're all covered on that. >> Okay. >> Okay. So, we're tableabling the approval of the minutes to the next meeting. >> Okay. Okay. With you, Garrett? >> Uh, yeah, that's fine.
>> Okay. Any unfinished business? None. Okay. Brings us to new business. Um, we have a special exception, uh, PZ 2523.
Uh this is in regards to a a variance to allow a smoker to be put on a parking lot next to a business. Everybody familiar with what we're looking at here? >> Yes.
>> Okay. Yeah, we received a letter. >> Letter. >> No maps or diagrams or anything. Okay. We do have some pictures if you guys want. >> Love to see that. >> How Look, >> I took pictures on my phone today, too.
>> I did. >> That's not it though. >> The applicant is going to >> I think that's salty. >> Put this smoker in the parking lot next to the business. So they will not be >> it's this one >> using up any parking spaces of their own business. >> Example one that already exists.
>> Yeah. >> Sorry. Go ahead. That >> that's something that we look at in zoning to make sure that um you don't lose parking spaces for the business at hand. Um currently I think the business is
going to be uh ran through the daytime where when the parking lot is basically empty. Um, so it shouldn't interfere with either business. >> Can I ask a question? >> Sure. >> So, the approval is just based on parking spaces and uh nothing else like
fire department or zoning or anything like that? >> Well, we did have the fire department go out there and take a look at it and they approved the fact of where it was at that it wouldn't affect the building. Um the main thing is putting a smoker or any kind of u utilization of your own
parking lot is something that the city kind of looks a bad but they don't want you to use up any parking spaces in your property if you don't if you don't have enough for your own facility. And this facility is
pretty limited for their parking spaces. So, they're not utilizing any of their parking spaces for this expansion. >> Who owns the parking lot now >> that they're using going to be using? >> It's um with aces. >> Okay. >> It's going to be next door to their
building. >> Just to confirm that's backed up against the dumpster. >> Yes. >> Yeah. There are four dumpsters. When I looked at this and I see couple of problems. See four dumpsters. I see a car immediately parked next to the the
smoker. Um, and I'm I'm just wondering about those those loose propane tanks, those refillable propane tanks. We've just had the fire department inspect our condo complex and tell us that we had to move all refillable propane tanks have to be 10 ft away from building. So, I'm
wondering is there a different fire law that applies here or are those propane tanks not going to be within 10 ft of building? Um, should we have uh excuse me, should we have them make their presentation and then we can make comments after rather than debating this before their
presentation? >> Yeah. So, it's a right now it's staff's uh turn to present to the board what staff sees as the applicant meeting the criteria listed in the city's code. So, maybe we should stay with staff until the presentation's complete. If you have any questions for staff, ask it then.
And then at that point, it'd be appropriate to open the public hearing and allow the applicant to come up and give their presentation. I also had the same concern that he did. Um the one parking spot where this car is parked right now is the looks like the main entrance to Coastal Market from the
parking lot, but if you put a car there, it kind of takes up that space. And I know they put in their proposal that they're going to lease two spaces. I would thought it'd be a lot more um safety wise if they leased three spaces
and had three wide open spaces that gave him some border for >> the smoker. >> Like I said, I we had s go out there from the fire department and he approved where it was set up and the distances that they required. I think what you're
seeing right now is probably a kind of a setup, but it's not there yet. I think all the equipment's there, but it's not set up like it's going to be. >> So, you're saying that trailer hitch won't buck up against that open parking spot? >> I'll I'll leave that to the applicant to
decide, but okay. I think what S had approved was um within the fire department's guidelines. >> What about the board of health? Do they have anything to say about this? >> I don't I don't think they come in at all on this and
>> backed up against the dumpster. >> How it's where it's going to be located. Is this going to be is somebody going to be manning this the whole time that it's being used? In other words, somebody going to be in it. >> That won't be with the staff that staff question.
>> Okay. Any other questions for >> No, I think we all have kind of the same concern about space surrounding the smoker, right? >> Not at that point yet, but um >> yeah, just one little clarification.
>> All right. Very good. So, if there there are no more questions for staff, uh Mr. Chairman, it be appropriate to open up the public hearing and ask the applicant to come up and give their presentation. >> Applicant, please come up, make a presentation, address our concerns. Hello board members. I'm Mark Granger,
partner with Rusty Beam. We're partners in Coastal Market, Cocoa Beach. And yeah, the applicant uh we're the applicants. Yes, we have a lease for three parking spaces. >> Oh. >> Um we have very good terms with the owner. And to set the record straight, it's not ACES. ACES is a tenant.
>> It's 74 Lando LLC and it's Mr. Eugene Dupont. Very nice gentleman. This parcel is not attached. It's not part of the nightclub. It is a separate taxable parcel on its own. It's just a parking lot. He said, "Whatever you guys need."
We have a lease for three. We We made the lease for three spaces. Um since the whole point is we have a kitchen that's not big enough to accommodate. And when you're smoking, it's an outdoor thing. And uh Salty Sisters has an outdoor cooker. Other places have it. We just
don't have the room. And so that's when it occurred to us. Oh, if we could just put it to the side. It's important for us that it works with our customers and the traffic that comes through. As far as the propane bottles, um >> 10 feet. >> Yeah, we're uh Sal said 10 feet from the
building. So, everything is 10 ft from the building. And obviously, we have to operate under the her view of the fire department. He, you know, he doesn't like something, it has to get changed. So, but but he said every, you know, what we've applied for is fine. The trailer's 10 feet away. Um, yeah,
there's a car there now, but once we get granted approval, if we if we do get lucky enough to get granted approval, there won't be a park. We'll have the three spaces, so there won't be a spot there. >> So, you'll be putting up some kind of border around that third space. >> Yeah. And then >> Oh, that's good. >> Yeah. And then the other question, it's
always manned when it's operated. It'll there'll always be it'll always be somebody in attendant. As a matter of fact, we have our chef with us. This is Mr. Danny Beard. >> Good evening, Al. >> He's an award-winning cook. It's it's uh you know, he's won literally major awards for for barbecuing. So, we're
pretty excited to be able to bring this to downtown. Um you know, Rusty and I bought the Coastal Market. We really are trying hard. If you haven't been in a while, we're really trying to turn it around and make it a place it really used to be popular and then it kind of wasn't as popular. We want to make it
more popular. We bought Oasis shaved ice this past summer uh when Miss Vicki was losing her lease, 17 years in business, and we brought it into the store and now we have shaved ice. We're keeping that going. We we're, you know, Russy's been a resident of Cookab for how long? You know,
>> God, way too long. >> Way too long. >> 34 years. >> 34 years. >> Ran the sports commission for 26. So know most everyone in here at least have passed by everybody. So, we're we're trying to make the coastal market that offer everything the community wants and, you know, be a good place where
people want to go. And so, we're just asking for you guys to approve the ability. We have the lease with with Mr. Dupont. Um, the location's perfect. It's a It's 10 ft away from the building, but it's close enough. There's nothing around. And if you guys wanted, Also,
I've took I've got some like photos of aerial maps with distances, but it's quite a ways away. There's nothing nearby. It's a low smoke smoker, so we don't, you know, it's not going to have it's not going to be a nuisance. Um, the nearest, you know, our normal winds are
out of the southeast. It's blanketed by the building. And to head downwind from there, it would take you all the way to the corner down by Pompo Grill, it's football field away. It's I don't think you could find an area more isolated than this one spot anywhere in downtown Cooko Beach.
>> Then we're happy to answer any questions. Sure. Did the boardroom next door have any issue with it? I mean, >> well, I own the board. He owns the boardroom. >> We're good with it. You're good with it. Boardroom is good. >> No, we're good with it. >> I I was good with it when I heard um
>> it's I looked at it in in code enforcement, Jay. Right. So, >> what temperature does this thing get to? >> Uh we cook it can go up to about 300, but when we're cooking these type of meats, it's right around 225, 250. The back of the smoker, I heard somebody
worried about the propane tanks. The back of the smoker is a little over, I think it was 10 foot, eight inches, how we had it positioned this morning. And the propane tanks are another 8 to 9 ft away from the back the back edge of the smoker. They're all on the front side.
So, it's probably minimum 17 to 20 feet away from the building itself where the propane would be at. >> Can we see those aerial photos? >> Absolutely. I'm not saying >> we'll have to we'll have to then >> the city will have to retain those for the record once you show them. So, very
good. Thanks. >> I only have singles of everything, but I've got three of the smoker and these are the >> and and just to let y'all know, this is a smoker you would see in Sunny's. It is a commercial grade self-contained. It's all it's all contained within its own
unit. There is no open fire. There's firebox. It's sealed. And >> could you repeat that that this smoker would be approved for inside use? >> Yeah. And they you go to a Sunny's barbecue. It's what they have built in their wilds. I just have this one on a trailer, so it's transportable. >> It is a commercial grade smoker.
>> You guys have already purchased and presently own the smoker. >> Yes. >> Okay. In the event that the the board uh it this is approved, how long between the approval and the beginning of smoking of meats? >> Funny. We're not supposed to advertise,
but it just so happens this coming Saturday, if we're uh fortunate enough to get approved, they're doing a cookie suaree with vendors in our parking lot, and we were planning on doing samples and and demonstrating the the smoker to the community.
>> You guys going to smoke brisket? >> Uh let me ask you, >> not Saturday. >> Not Saturday. We're going to do ribs and chicken on Saturday just to they take about four hours, four to five hours where brisket's going to take you anywhere from 12 to 18 depending on the condition. >> Whose insurance is covering this?
>> In charge of what? >> Whose insurance? >> Coastal market. >> Coastal. We're all covered up. >> You're covered it even though it's not on your property. >> Yeah, >> it's on our leaseold. See, the coastal market's a leaseold and this is a leaseold. So, our insurance covers our leaseold. Uh the other thing that I wanted to reiterate, it's in the
application is um this is just another appliance for the coastal market to prepare food. The customers will go into the coastal market to purchase. This isn't like a vendor street vendor thing. So our we just want our customers to be able to come in in addition to getting a
sub or one of our prepared meals to go. Oh, I saw you have the smoker. I'll do some ribs. And they pay at the market and we want them to eat. We we finished up a nice deck out front. You know, we have a nice little patio area and that's our goal is just to bring in more of the the local community and and make it
another alternative. >> Do you have a vision of how you're going to secure that third parking space? Um, well, when the So, as far as like the tongue, are you concerned about or >> Well, it's wide open right now and I
think part of our concerns was having enough space around the uh burner >> and the main um entrance walkway into Coastal from the parking lot is right border right next to the burner. So, I was concerned if a car was there, which you've answered, there won't be a car.
But, how do we ensure there's not going to be a car there? What are we going to do? put a border around >> cone up or put you know whatever we have to do but obviously it wouldn't benefit us to let a car park there right I would think a cone but the burner is in the back >> yeah I know >> yeah so >> the tongue is where the people will you
know where where someone would come out to go yeah get to and from the coastal market >> I'm just curious I mean >> obviously you don't walk into the smoker you're standing outside the smoker >> and using it from the outside >> right >> so what about like inclement weather
what about 3 days downpouring rain. >> It's if I want to stand out in the rain, it would still cook it. It is self-sufficient. It is all the burner, the wood, the wood box, everything is
all inside that unit. >> What kind of wood you going to smoke with? >> Peon is my choice. It's a lot less. It's a lower smoke, lower carbon. Um, so you don't get all the soot on the meat. It's got a milder smoke than an oak or a
mahog or a hickory or what's the other one? Not mahogany. Mosquite, excuse me. >> Um, >> how do you get how do you get pecan out here? Where does pecan come from? >> I bring it out of North Florida. >> Okay. So, they got pecan in North
Florida. Okay. >> And and what's the weight of your meat that you're going to be cooking? >> Why are you asking questions like this? I'm concerned about uh safety and security at this point. Let's talk about safety. You have a hot thing in the parking lot with people park there agent. How are we going to
address that? As far as security goes again at night coming through playing with it, you kicking it. It's not it's it's right out there for anybody that So, anytime it's hot, it's going to be attended, >> right? >> It'll be attendance. So, there won't be
anybody walking. >> What do you define as hot? >> I know what he's talking about. But I was going to ask the same thing cuz if you go there, if you drive by at like 1:00 2:00 in the morning, there's a bunch of drunk people like like he's saying, who how do you know they're not going to mess with the propane tanks? I just I was thinking the same thing and I
was concerned about that. Is there a way you can secure it? >> Well, what we can do, and I I brought it in yesterday just to get it set up. The propane tanks on there are empty. I got to go refill those. Um, number one, we can secure the propane tanks inside so
they're not even on the grill. Um, the part about being hot, there's only one little section, and it's the firebox door. It's the the big black kind of octagonal door there that will get a little heat, but you can go up and lay your hand on this thing pretty much anywhere, and it will not burn you. It
is It does not It It's insulated. It keeps all its heat inside. That's why the smoke is It all contains It cooks a lot better than like a regular like you see these old propane tank grills and all that that a lot of these people use. um you go up and lay your hand on that, it's going to burn you. This is, like I
said, it's a commercial. It's a $40,000 grill, brand new, and it is meant for commercial use. I bought this thing about two years ago. I do a lot of uh charity charity events for children. I just got off a big one two weeks ago. We do a lot of stuff for veterans. I cook
competition barbecue for 30 plus years. Now, I just do kind of the charitable charitable stuff till I got involved with Mark and Rusty here. And it just it sounded like a great great idea that we could bring it in, supply something to downtown Cocoa Beach and and have some
fun. >> You know, you provided another photo of a sample of another smoker that has deck railings around it. This sounds like a great solution for this application >> or gate around it or something. Yeah.
>> To build something around it. >> Yeah. I kind of feel you haven't addressed any security or safety issues with this and you're leaving this wide open for You know, I've been in this town a long time. Also, that kind of thing is a target and I I need to be more comfortable that you guys are addressing
that issue. >> Sure. What >> I'm not as worried about the heat, but the the vandalism, you know, you're in a very popular spot. >> Isn't vandalism their problem? I mean, >> it's every respectfully >> it's everybody >> like they're the ones.
>> What's >> Mr. chairman or if we can if we can direct the talk between the board until after the public hearing is closed. That way we can just get the facts from the uh and we can always ask them back up after the public hearing is closed to address questions.
>> Yeah. Any suggest have you discussed a different location perhaps behind your building? >> Well, um I've actually owned the building for almost 30 years now. Um, so I know exactly what kind of um issues
that you're you're talking about. We we've addressed it. We've been we've we've seen everything you can imagine uh go on. So when we first started looking at this, one of the things we were thinking about was the back of the building. Unfortunately, s I don't know if if you were remember when the
entrance to the or whatever it is now aces moved from the from the front to the back that created a big issue for us with stuff that we had in the back. So the back was >> I don't recall when that ever happened. >> So one of the things that we have done I don't know if you've seen our our
building at night but we do have motion activated lights all across the side of our building that's got the bird painted on it. Um, we did sell the boat market. I also own Island Boat Lines, a dolphin tour business. Um, and the building is now owned by that and coastal market is
simply a tenant. So, what we've done is just ensure that there's not in there, you know, occasionally they'll get homeless people. We have a nice deck out there. It's it's covered. So, um, we are we're aware that those we have taken as many step we can to mitigate the people
from congating around there. And the motion activated lights we found was was uh was pretty well because somebody sees up and the lights come on, you know, they move. So that was one of the things that we did >> talking about doing that. >> Well, they are on the side of building facing the dumpsters and the smoker.
There's motion activated lights. >> So where is where is the entrance of the of your market that the food will be coming? I how far from here to like is it behind your kitchen? Um, >> no. The the front door to the market is
where the food will go in. >> It's going to be treated like a kitchen. >> Yeah. It's basically it's it's a it's an outdoor kitchen. >> It's expanded kitchen. >> Exactly. >> I'm This is Salty Sisters, right? >> Yep. >> Yeah, we can take that. >> Would you consider putting something
around this to keep away from you compared to them that they have a little safety thing around it and it is secured to the fence behind it. too fun to keep people wandering over there. >> Oh, if the applicant's going to reply, if you could reply into the mic just so
we can capture for the record have to be >> Yeah, I think some sort of barricade thing. I don't know if we can build a big wooden bar like that in the parking lot, but but we'd be happy to do a >> I think Yeah, I think we're all concerned about security, keeping it protected,
>> especially with the the pressure vessels that that >> Yeah, the being exposed. I could see somebody coming up and just >> Well, we can store the tanks inside. >> No problems at all. >> Yeah. >> But I I agree. Some kind of fence or barrier. Yeah, >> we can figure
>> if you can. I mean, we haven't discussed yet, but it seems like we're going there. That's something you would consider. We're allowed to do it. >> We wouldn't consider it. We would agree to do it. >> The the board the board can make those two particular items conditions of the special exception. And that way if
there's ever a violation and code enforcement finds out there's not, you know, strict adherence to those conditions, it comes back to the board for re-evaluation. It goes through the code process, but you can always go back and look at the conditions as well. >> Is there a problem storing propane tanks indoors?
>> Well, we have a shed a lot back. That's where we store them. >> Okay. Cy, did anyone go on record um opposing or any one that was noticed? >> We've just we've just opened the public hearing, so we don't know yet. >> We're not there yet.
>> Well, I mean, sometimes there's email correspondence prior to my question was regarding >> Right. There was no email. Okay. No, I did have one phone call asking about where it's going to be and that was all that she was concerned about.
and notice was given like it always is. >> Yes, sir. >> Any other parts of the presentation or is that it? >> Unless you've got any more questions. >> Well, I'm going to see if we have public comment. >> Right. Thank you so much. We're going to ask other folks if they'd like to
comment. Yeah. So, anyone else who'd like to >> Yeah. speak? >> Anybody else like to comment on the proposal? >> All right. >> No. Okay, then I guess we should do the board comments, right? >> Yep. So, we're going to close the public hearing now. So, if you want >> We're closing the public hearing for
this proposal and we'll turn it over to the board to discuss. >> And just so the and just for the benefit of the board, um I just uh talked to Cory. I don't believe staff circulated a proposed order for this special exception. Staff did have a few
recommended conditions to accompany this and I'd like to read those to you now just so you all um know this. it. The first condition is that >> a copy of that so we can read it. >> Do you have a copy right there? >> Yeah. So, first is that the spur um must be at least 10 ft from the property
line. Um and I'm guessing that's the property line of the parcel that it would be located on. Uh the grill or the smoker shall not interfere with any sight visibility and any intersects. Um which I don't think would be an issue here. And that the setup and operations are subject to inspection by the chief
building official and or the fire marshal. Um, I, you know, granting the special exception would not exempt these applicants from any, uh, any provisions of the Florida Fire Safety Prevention Code. So, all those regulations still apply. So, they're still going to have
to comply with all those Florida Building Code and and other uh, fire safety code measures. Um, >> if item three wasn't included, would it not be subject to inspection by the building officer or fire marshal? >> No, it still would be. That's what I'm saying. >> So, it's redundant. It's just in there
to for for everyone to know that that's, you know, that's the condition of the the order. So, if the board wants to take it out, the board can take it out. But, uh, that's what staff's include. The other two items that I heard from the board um that I wrote down here that if if anyone wants to make a motion here
in a moment to include uh a physical barrier uh to delineate the the smoker from the surrounding air um to address safety concerns. And then the second would be to store any uh propane tanks um in a different location when the grill's not in use or the smoker's not
>> why does why does what you hand me references special except allow for a state licenseable marijuana dispensary in the gateway zoning district wrong one the wrong meaning >> okay >> cuz it's got the smoker and grill so are
they they also going to be selling dough >> how else are they going to like their joints the burners We'll make we'll make sure that's uh guarantee smoked meat sales will go up. >> Yeah. Dual circuit dual serve. >> I think that's
conditional to a physical barrier. Who approves the final design of the physical barrier to um ensure that it complies with what we are requesting? I mean, it seems pretty vague just to say quote unquote a physical barrier. um who
who would have the final say on on the design of that and um you know how it's constructed. >> Yeah. So, um, if the board wants to ask the applicant to come back to see what they're maybe thinking about doing, and we include more details in the condition, but ultimately the city
would, uh, go out and evaluate to make sure that there's compliance, but it's always, you know, regarding whatever we put in the order, right? So, sometimes you these to keep them a little vague to allow the applicant enough room to sort
of uh, you know, make it work, so to speak. But uh certainly if we want, you know, uh more detail or if you want certain standards, we have to put it in the order. >> I don't think it's that complicated. I mean, how long is a parking spot? >> Yeah, but wait, hold on, John. Let me
finish. How long's the parking length of the parking? >> Come up to the to the mic. >> That's a good question. Parking spots generally 12 12T. >> No, 9 ft. 9 ft is a standard parking spot. >> The applicant can come up to the mic. >> Yeah. 10 10 by 10. 10 is a large one,
but I mean most malls and and are 9 ft. >> And we have it strip. I mean, you can look at this and you want the border. >> The border should go right at the end of the striped lines >> cuz you got enough. I mean, the burner doesn't take up the car length. So, you got all that space for the three spaces.
>> Mark, I'm sorry. Mark and I were just speaking. You did bring up a good point. We we do need to put something there because you'd hate even though we have three parking places, we don't want somebody come whipping into that third place that's ours and hit the tongue of the trailer, right? So that that does make a very valid point.
whatever, you know, we can come up with something that the city approved, we'd be happy to do. And I'm just >> alternatively, the applicant has an interest in people not burning themselves, people not vandalizing their stuff, >> uh, all the the applicant has an
interest in that not happening. It's bad business. You're going to get sued. You're going to open, you're going to have to notify. We don't have to do we may not have to tell an an option is to not over complicate this and us being involved in micromanaging how like they're I I'm confident cuz if I had a
smoker if I had a $40,000 appliance I'm going to protect it from vandalism. I'm I'm going to do all those things because it's in their interest. I'm not I am personally of the mind that we need uh additional government involvement to tell them how to protect drunks from
their stuff. I don't think they I don't believe the applicant has a history of harming drunks. I don't believe like I that's reach and I that's just not do anything. >> They've come here to seek our approval. So we do have to get involved. >> Yeah. >> Not government overreach to say you need a permanent
>> and without the border I would not approve it. >> Okay. I'm just saying I'm I'm of the opinion we could do and allow them to regulate themselves. >> Ah brought this idea on their own. Therefore they weren't thinking that. >> Yeah. Okay. I'm like I said I'm one of five. I'm just saying we could be willing to do that. I think the word
permanent or fixed barrier in there. I think it's put a garbage can something like something attached into the ground. >> If I could, Mr. >> Correct. It's more It's not just to block cars out of that parking space. It's to secure the entire area around.
>> If I could just I'm thinking off top of my head. We do have a couple restrictions. It is a trailer. It It's not permanent. It will be going to events coming and going. So not every day, but it will be. So we can't have a a fix can't make it into a very corral
where it can't get but but I know of we we employ a very good craftsman uh who loves woodwork and I'm envisioning a nice 2x10 base that goes at a you like an angle like this and the the parking lot is
rail that comes up and has a cap rail that we can then move out of the way. nothing that's, you know, we're not talking light timber, but something that's substantial enough to protect the thing and to be there. So, trailer there, that's there and that's the barricade. But I'm open to, like I
said, I like Mr. Gore's opinion that we don't need to be protected from our, you know, I mean, we are grown. We have a business. Every other business has to deal with risk of vandalism and the risk of theft and the risk of this. However, we don't want to bring any undue risks. >> You're you're in a parking lot.
>> I think you keep rushing by that you're parking in a parking lot. People come and go out of the park. Everybody else is like slow and low. It's not going in the back. >> But there's no problem. >> There's no through. It's against, you know, it's it's why we put it where it is. It's not >> the people are always walking there. You're even going to have people walking
from your business to that. I mean, the temptation is too great. Personally, I think it's ugly hell. I would almost want to see it, but I'm not going to go there on this situation. I don't need to force my views of not pretty. But security is an issue. You you don't want
to tempt people. It really should be isolated. There are ways to make things isolated and edit in and out. >> Yeah. It it shouldn't be that difficult to engineer something that will allow you to hook up to the trailer and pull it out of there. >> Sure. >> But but I mean it needs I I you know not
just a kneeh high barrier, but but something that actually physically blocks people from getting in there when it's um you know when it's not in use. I mean, your dumpsters are protected to keep it looking a little nicer and keep all the crap in there, all the other things. This isn't much nicer than a
dumpster. No offense. >> It's a big metal object. >> Your $40,000. >> Are dumpsters required to be enclosed under ordinance? Are they Is that >> They are. They are. >> Yeah. Under whose ordinance? Cocoa
Beaches. >> I don't know. I've some places I've got dumpsters that aren't in. I I was wor wondering about jurisdiction. The issue is I believe you. I just >> um >> it's a design standard. >> Me personally, that's my concern with this. Um I will not vote yes if I don't think this is safe.
>> Um >> well, we'd like to add those two contingencies that Garrett mentioned. One is a secure border around the unit and how you got to figure out the vision to get that >> that effect. >> I don't know how we would do that. Well, obviously come back to us and we require
that we we are certainly be um in favor of allowing that >> varian leasing the space. So, they lease three spaces. So, I I'm sure that's what they'reing for. What's it going to do with >> Sorry. Is there an opportunity to allow staff to approve to say to put in this
provision but then not have to have another hearing or to either it so I guess my my question staff is can we agree a barrier can we say okay you got to have a barrier subject give them their approval so they can start smoking give
them 30 60 days to do their barrier subject to staff approval place you st happy done that way it's coming back to us you know I I I I I trust staff's I'm not in the regulating their fence
business. Uh you know like I don't I what you're saying are fine if that's the will of the word so be it. I I but I'm confident that we can delegate that to staff. Staff can say yeah this looks like a good barrier. Let give them 60 days to do it. Let them start smoking when they want to start smoking and then
is is that an option? >> Yes. So uh city staff have to enforce the terms of this order. >> Okay. Anyways, so anything that they do pursuant to the order, right, we're going to have to ensure compliance with it. So if it's not something that staff's comfortable with, then would go
the route or in conjunction with the applic. >> Well, well, that being said, and I agree with John here, I mean, they have to get a fence whatever they're putting up there. That's not to get rid of. Is there a way to wave
that fee if it does happen or or Yeah. or like I said, just make compliance the judgment of staff and then cuz we could I mean you could direct staff I mean you can talk to staff if you want and give staff feedback like if what I'm saying is if it's something you feel strongly about and have ideas I I believe I believe and correct me if I'm wrong that
the board could give staff direction on that and do it that way. >> Yeah, I'm I'm fine with that. But >> I have no desire to do it. So >> again, I I I just it's actually a physical barrier that prevents people from getting into the area. >> Yeah, I'd like it worded that way. >> Well, it's pretty simple in my mind. And
they've secured at least three parking spaces. They need to secure the three parking spaces. That's it. I mean, be it out. >> I'm not intending you guys. I'm not even thinking closing in. I'm thinking on the north side. There should be a barrier. Even on the on the west side, I don't care if it's wide open.
>> Does slow and low smoke outside? >> Just up there. >> Yeah. >> I thought that was that's salty. >> Salty system. >> Yes. Um, so I'm just up to the back of their building. >> Okay. And does do they have barb wire around like what is keeping people from
climbing? I I am cautioner the petitioner to do something more restrictive than what >> six foot fence. >> They have okay >> and separating that from everybody. >> And that's correct. I I just don't want anything more ownorous on the on the applicant or the petitioner than than what anyone else enjoys
>> presently in the city. >> But yes, that was just there. That's all enclosed. >> Okay. If if I may, um I'm a partner in Dirty Birds, the Alibi forestry filling station. Rusty and I own Koka Beach
Dolphin Tours. Um he's had a bar at that location of this building decades ago. We're we're not an upstart. And I I hope you guys can feel comfortable that you can walk vote yes and walk away and know that we're not a little upstart that came in from out of town and wants to
start this new fangled idea uh and is going to leave when it doesn't work. Um if it doesn't work, we just take it away. And that's the thing, you know, we're not we don't even intend to operate it seven days a week. We're going to start out like a three day three. >> I don't think anybody's giving you any kind of negative vibes. We just want a security issue with a border on it. >> You bring up a lot of points because we
didn't uh we weren't prepared. We were just like, "Yeah, you know, it's our part of our business. We're going to have the outdoor cooker. We'll cook and all that." When he told us that you can't get burned by touching it, that was when we were like, "Okay, well, that sounds pretty good to us." Um, but we're happy to, as responsible businessmen,
we're happy to make our happy. So, >> and I don't I don't think we should get too restrictive. I I agree with John. I don't think we should get too restrictive about the barrier. It's good that it's there, but that's that's kind of your interest if you don't want that van. I am concerned. we have the provision there to store the pressure
vessels with the propane because that could extend far out to other people. So I think that's really important. So yeah >> on that the propane tank will have a safety valve. You can wear and crank them all open and they will not go unless there is a regulator plugged into them.
>> I I have to have a barrier to support it. I'm sorry, but um you know and I for the record I'm I'm in favor and I I know you've been to Cocoa Beach a lot for Cocoa Beach and I do appreciate that and I try to find a way to if if somebody has a creative idea or new idea. Um I'm
I'm in favor of that as well. I'm just concerned with the the design this the way it is. I just uh need to see a physical barrier that um prevents people from getting in there. Is that enough direction, Corey, to give to this that they can
>> still think though? There should be some >> I'll Does does the board have any other questions for the applicant at this time >> or are we just going to discuss lang lock >> lock? >> Someone can't open up even though it's
cold. You want to sleep in it? I can put a lock on the doors >> just like a refrigerator. Doesn't >> it take much to get into inside it? But we can we can lock the doors >> or even are you securing the trailer itself? >> I mean I I just you know I own a lot of businesses apparently. I'm trying to
think in my mind. I've been around all your businesses. I don't ever see anything exposed like this in any of your businesses. >> Dirty is pretty exposed. >> Uh the bushes are that high but >> I mean I'm talking kitchen. I'm talking about kitchen type thing. I don't
>> you can get in, but >> I don't like when you walk down that alley, there's no cooker out there. There's nothing that doesn't have >> Well, I we've kind of reached a conclusion here that uh the two issues that are be added to the conditions.
>> Sure. And if there aren't any other questions for the applicants, we can let them sit down. >> Well, thank you fix that. I I'm of the mind to keep it open-ended and let the let staff cuz
fixed okay for example you could you know like a uh portable if if you want to be real safe put a giant ugly portable 6ft chain link fence around it okay the gate on it okay look like crap keep everyone out it would accomplish the goals
>> and that would then they're not having to dig up their parking lot >> matching the gate that's in front of the dumpsters No, no, no. So, if the goal is is exclusion, >> right, >> keeping and I to me a hot vessel is exclusive by nature, but if we need to make it additionally exclusive, you'd
put a giant 6ft chain link fence around it. Get one of those like temporary ones like you see with concerts parades, call it a day. That allows them flexibility. It they don't have to drill or do anything in the parking lot. That solves the problem there. Point is is I'm open to letting staff determine. I I'm not
going to dictate the design of it. If if you wanted something nice, you would make it out of wood and you'd frame it in nice so they could drive in and drive out. Then it wouldn't be such an isore, but that's not going to be that's not going to exclude people from coming in. The chain link fence is >> I'm not trying but the border not to get
close to it and protect it. That's what we're trying to do, >> right? I'm not trying to dictate what it is, but I'm also trying not to allow it to be a couple garbage cans. And there we have I agree. Yeah. Um, you know, that's probably not their intention. I know they're good businessmen. They make nice businesses, but we as the board
have a responsibility to not allow these little loopholes. >> I think they run a nice place and they don't need us telling them how to make their business look nice. I think we're just think they're going to put trash. >> We're not how to make it look nice, but we're telling them how to >> not make it look nice, >> right? >> Yeah. And if you if you have a business
and you have a $40,000 appliance, you're inclined not to just throw a bunch of trash cans around it. and you don't need me telling you how to make your business look nice. >> But again, I didn't have a plan for that. So you that's your business. >> Good evening, Mr. Chairman and members of the board. Um, this is something that
staff does on a regular basis. We get general direction from commissions, from planning boards, from board of adjustments, code special magistrates. This is something we generally deal with. That's why you have us is to understand the intent of the boards.
>> Excuse me. Who are you? >> My name is Dave Dicki. I'm the development services director. Um I'm responsible for building and code enforcement and planning and all of that kind of fun stuff. >> Thank you. >> Yeah. And I've been doing this for 35 years. I've been doing this for a long time. And so during those years, I've
had an opportunity to take the intent of citizen boards and put them into play and make sure that city can be proud of it. Um, and we're we're not going to allow um something happening in our downtown that nobody's going to be proud of. Um, we're going to make sure it's
done well and your intent implemented >> and we give enough direction. >> Yes. And now there's always a fail safe from the board. If you go over there and you see something you don't like, you can always come back at the next board meeting and we'll have further discussion about it. So don't feel like
you're locked into something. um if if something got lost between the board's communication and our interpretation of what the intent was, there's recourse. So don't feel like you're being locked in. >> The only issue I'm seeing here is I don't think the complete consensus from the board. We have every opinion from no
barrier all to a to a permanent physical barrier and and and I I'm not sure that the board is has a unanimous consent as as to what we are asking for and we need to come to some kind of a some kind of an agreement so we we can give direction
>> to echo David's uh statement there as I said earlier I I like to draft these orders a little more generally a little broader just to allow offers some flexibility between the applicant and staff and and um to the commissioner's uh earlier point, you know, staff is
this is what staff does every day, right? We make sure that uh whatever the board's decision is, what is reflected, you know, out there. So, um I I do have some updated language based on what I've heard. So, if if I if I may share it, I
think the one that's um the board agrees on generally is store the propane tanks off premise when the grill's not in use. So the lease space here are those three spaces. So I think just referring to it as off premises is appropriate and they understand that because that's the
specific area where we're granting the special exception. The other uh um condition would be um the placement of a physical buffer around the leased premises. Um, I think that's broad enough to where, you know, it could be permanent, it could be movable to to
suit their needs because it sounds like they need an ingress egress point for the trailer, but it it el it gets to the concern of we don't want someone accidentally backing into the tongue of this thing or we don't want someone tripping over the tongue late after a few weeks, right? So, um I think that
language incorporated into the order along with the other three uh >> I support that draft language. >> The other three um conditions which I'll read again just for the benefit of the board if anyone wants to make a motion that the grill must be at least 10 ft from the property line. The grill shall not interfere with site visibility at
intersections and the setup and operations again are subject to um inspection by the chief building official and the fire marshall. That would be the case anyways. But Jared, I'd also like to give them the opportunity and the ability to have their event this weekend. So, I know
they won't have a barrier up by then, but come up with something in the >> If this gets approved tonight, it'll get signed in the next day or so, so it'll be effective. >> Just a thought on the language on the propane. Why wouldn't you just make the language on the propane say I mean,
okay, so generally propane propane storage, my experience is is that subject to fire marshall and what? So why would we make some it should be propane should be stored in a manner that the the language would say the
propane should be stored in a manner that is consistent with the fire >> fire yeah fire co like I don't want to reddraft fire co like fire marshall knows better than me where to put a propane tank they are subject to uh the enforcement and regulation of the fire
marshal under there I'm just a dude on a board he fire marshal He's the propane guy. So, I would rather see them comply with his will and desire rather than >> Well, I think it's twofold. I think it's not only safety, but also security. >> Security also.
>> Well, I mean, does the fire code say to take it off the premises? >> Yeah, >> that was the only reason I I I drafted that little clause was from what the direction I was hearing from the board that you didn't want the propane stored >> Yeah. >> on premise when the grill wasn't use.
>> Right. Yeah, I agree with that. I don't know what the fire code says. So, >> fire code's not going to require them to remove the propane tanks off of that trailer every night. >> Do we require anyone else that's cooking with propane to remove their propane tanks like this? Okay. So, they should
be treated the same as everyone else. >> The other businesses have their propane or their cooker in a parking lot. >> Maybe, but they we we should we should not make things more ownorous on the petitioner than anyone else.
We ask for a special exemption. That's unique situation. >> Like I said, that's >> Yeah. >> One one person at a time. >> Agreed to it. >> I mean, uh, propane tanks will be secured. >> Yeah. >> I mean, they could lock them right in place, right?
>> We're going to put them in a shed. They're going to be secured. >> Okay. You got it as a condition. >> Those are those are the five conditions. So if there was a motion to approve the special exception request, you would say, you know, I move to approve the request for special exception subject to the conditions um discussed here.
>> You want to make that motion so we don't be labor this any longer? >> Sure. I make a motion to approve special exception at with the five conditions uh that he write in. >> Anybody want to second that legally acceptable? >> We have to quote the statute, the number and everything.
>> They didn't print it out, so I don't know how we're going to do that. It it's it's well it's special exception P request PZ25-23. So if you'd like to amend your motion. >> I'd like to amend my motion to what you said. >> All right. So just for cl clarification
for the record. It's a motion to uh approve special exception PZ-25-23 subject to the five conditions recommended by staff. >> All right. >> We already got a motion to approve. We need a second. >> Second. >> Second. Carolyn,
>> I second it. >> Okay. So, you called a vote. >> All right. Then we do now a vote. >> You all in favor say I. All oppose say nay. And >> right. Is it a roll call? >> Still chair. >> Would the chair like to make it a roll call? >> You make it a roll call, please.
>> Okay. I'll start with you. >> The the Cy will call the roll. >> Oh, okay. Sorry. >> Thank you. >> Okay. Ronald, >> I approve. >> John, I approve. Approve. >> Approve. >> Ricky Anderson.
>> Approve. >> And Carolyn Williams. >> Yes. >> All right. Congratulations. >> Thank you. >> I'm looking forward to a brisket sandwich. >> Now you're smoking. I'll be there. >> Cookie suare. >> All right.
>> Huh? We done? >> We need to make a motion to adjourn. >> We have another For some reason, we have another public comment on the agenda that you can call it again. Do we have any other public comments? >> Seeing none.
>> None. Okay, we can close.