##VIDEO ID:mRru2fOfQwY## speak speak okay are we ready all right good morning 
everyone welcome to the board of adjustment   meeting we're glad everyone could be with us 
today uh just a housekeeping note before we   get started if you could turn your phone to 
either if you can turn it off or put it on   silent or vibrate that'd be real helpful 
uh going off in the middle of testimony is sometimes is distracting when we're in 
the proceeding so with that said uh we're   happy everyone is with us this meeting 
of the escamia County Board of adjustment   for September the 18th 2024 is hereby 
call to order with four members present and before we get started with our case we have 
a housekeeping matter uh as you know um we need   uh to elect a vice chairman uh for the board and 
so at this point I think it would probably be best   that we go ahead and resolve that issue uh before 
we uh move into our case uh that we're going to   hear this morning uh if that's agreeable with the 
board it is and Mr chairman I make a move discuss   with Marty viair uh I have a nomination do I have 
a second yes sir we have a second all those in   favor of Mr Shaq becoming our vice chairman please 
raise your right hand let the record reflect Marty   welcome to this Pinnacle of power you you've 
achieved it uh so we certainly appreciate Marty's   willingness to serve uh Now we move into to our 
uh proceeding that is before us uh would the KK uh   clerk please uh swear in the members of the staff 
please raise your right hand do you Solly swear   and affirm that the testimony you're about to give 
will be the truth the whole truth and nothing but   the truth so be God thank you all right let the 
record reflect that all staff members uh replied   in the affirmative members of the board copies of 
the staff's resumés have previously been provided   and remain on file for reference the board 
has previously recognized our staff as expert   Witnesses does anyone have any questions regarding 
their qualifications and abilities to offer export testimony seeing none the boa meeting package for September the 18th 
2024 with the development services staff findings   of fact has previously been provided to board 
members the chair will now entertain a motion   to accept the boa meeting package into evidence 
do I have a motion motion I have a motion do I   have a second second I have a motion and a second 
all those in favor of accepting the boa meeting   package into evidence please raise your right 
hand let the record reflect uh this motion passed unanimously uh we now turn to the issue of proof of publication 
do we have proof of publication Madam clerk   yes sir did that publication meet 
all the legal requirements yes sir the chair will now entertain a motion to 
wave the reading of the legal advertisement   do I have a motion i' have a motion 
do I have a second second I do have   a second all those in favor of waving 
the reading of the legal advertisement   please raise your right hand let the record 
reflect that this motion passed unanimously members of the board have you reviewed 
the minutes for the board of adjustment   meeting held on August the 21st 2024 upon 
your review of these minutes are there any   additions Corrections deletions uh that you wish 
to make let the record reflect none are no member   raised uh such uh a objection the board will 
now entertain a motion regarding the minutes   for the board of adjustment meeting held on 
August the 21 2024 do we have a motion motion   we have a motion do we have a second we do have a 
second all those in favor please raise your right hand we now turn to the purpose of the board 
of adjustment and the conduct of the meeting   this morning the board of adjustment 
hears administrative appeals variances   and conditional use requests these hearings are 
Quasi judicial in nature quasi judicial hearings   are like evidentiary hearings in a court of law 
however less formal all public testimony will   be taken under oath and anyone testifying before 
the boa may be subject to cross-examination all   documents and Exhibits that the boa considers are 
entered into evidence and made part of the record   the giving of opinion testimony will be limited 
to experts and closing arguments will be limited   to the evidence in the record after hearing 
the testimony and Arguments for and against   the proposed action and before making its decision 
the boa will consider the relevant testimony the   exhibits entered into evidence and the applicable 
law because decisions of the boa relating to   variances conditional uses and extensions of 
development order for site plan approval are   final unless overturned by a court of competent 
jurisdiction the County May develop May issue   development orders and permits for properties in 
accordance with the decisions of the boa however   if applicant require request the issuance of any 
such order or permit and such order or permit is   issued the applicant and not the county shall bear 
any risk that such decisions may be set aside the   development order or permit may be revoked or 
the development may be otherwise enjoined by the   reviewing Court any applicant for relief from a 
decision of the boa for set actions or any agreed   party as defined by state law May seek review 
by of such decision by filing an appropriate   pleading in a court of competent jurisdiction 
within 30 days of the boa decision the date of   the boa decision shall be the date the boa voted 
at the conclusion of the hearing whenever the boa   denies an application no new application for 
an identical action on the same parcel shall   be accepted for consideration within a period of 
180 days of the boa decision any person agrees   by a decision of the boa relating to an appeal 
of an administrative decision May within 15 days   thereafter apply to the Circuit Court for review 
each individual who wishes to address the board   regarding a particular issue must complete 
a blue request to speak form and submit it   to the clerk of board these forms are located on 
the table at the back of the commission Chambers   you will not be allowed to speak until we receive 
one of these completed request to speak for him   we must have these completed forms for public 
record thank you we now turn to the matter of   expart a Communications all written or oral 
communication outside of this hearing with   members of the boa regarding matters under review 
today are considered expart Communications expart   Communications are presumed presidential 
or prejudicial under Florida law and must   be disclosed as provided and board of County 
Commissioners resolution 9613 before a decision   by this board on any administrative appeal 
variance or conditional use request the chair   would ask as each case is heard that any board 
member who has been involved in any exp parte   communication regarding the respective issue to 
please identify by themselves and to describe   this particular uh communication we now turn 
to the single case we have on the docket this morning this is case number CU 2024 D16 
the address is 5190 Mobile Highway the   request is to allow a restaurant not among 
permitted uses this has been requested by   Wilson uh pinho and Leonard uh Leonardo Morales 
agents for for fando Chavez and Ruben Chavez owners before we uh ask the applicant 
to come before us uh I need to ask has   has there been any exart Communications 
regarding this case let the record reflect   none knowledge or information obtained from 
a site visit or other sources let the record   reflect none does any board member in intend to 
refrain from voting due to a voting conflict of interest seeing none would the individuals who 
are Party to this item please come to the podium   state your name and address for the record so 
that you can be sworn in by the clerk all right   good morning sir we're glad to have you with 
us I'm glad to be here too my name is Wilson p   all right would you face our cler please raise 
your right hand do you somly swear and affirm that   the testimony you're about to give will be the 
truth the whole truth and nothing but the truth   so be God yes that's right thank you and Mr pill 
will you state your address for the record 519 my   home address or um you can whichever address you'd 
like on the record 5190 mobilea florid Florida 32526 well good morning sir and were you provide 
Ed with a copy of the criteria required to obtain   a conditional use and a copy of the staff's 
findings of fact yes it I was uh and you have   read those documents I presume all right sir and 
you uh understand that all the criteria must be   met in order for the board to Grant this requested 
conditional use yes I do okay um at this point if   you would like to make an opening statement 
we would be very happy to hear it or if you   prefer the uh staff will make its uh findings of 
fact uh put them on the record and then you might   follow up with any additional comments that you 
would like to make uh it's enti enely up to you   how you would like to staff to you would like the 
staff to yes please okay all right well we'll ask   the staff to make their presentation and then 
ask you to stand by uh for uh what additional   comments and also board questions if they 
are sounds good all right thank you sir thank you this is for can my name is Christina Smith 
an urban planner this is the conditional use   casee 2024 -16 this is the location map for 
the property on Mobile Highway here is a 500t   radius zoning map showing the parcel is split 
zoning with commercial in the front and hdmu   in the back with all the improvements in the 
commercial part this is a future land use map   this is the aerial map for the property 
this is a public hearing sign posted on   Mobile Highway this is looking South along 
Mobile Highway now this one's looking North yeah and then this is looking East on 
the subject property for Mobile Highway this   is looking onto the proposed patio this is 
a public hearing sign posted on charer this   is looking East along charur this is looking 
West along Cher drive and that concludes the photography now to the staff findings this is 
for the applicant is Seeking a conditional use   approval to allow a restaurant that is not 
along the permitted uses in the commercial   zoning District so the whole purpose of 
this is just for that outdoor seating on   the front the restaurant's allowed in it 
the alcohol consumption is allowed in the   building because they did a side inspect we did 
a side inspection is not within a th000 ft of a   school church daycare so this is just for that 
patio to have a restaurant there so for criteria a the proposed conditional use of outdoor seating 
outdoor patio dining can be conducted and operated   in a manner that is compatible with the adjacent 
properties and other properties in the immediate   area the patio addition is to the front of the 
building which fronts Mobile Highway the site   is located along Mobile Highway a principal 
arterial roadway and along charbo drive a   local Street the parcel has split zoning 
with all improvements in the commercial   zoning portion of the property the Northeast 
portion of the property is own hdmu with the   power line easement and is otherwise undeveloped 
the building has historically been operated as a   restaurant a development order was approved for 
monor's Mexican Grill Restaurant in 2000 this   parcel was bounded on three sides by rideway 
the Northwest side of the property has a power   easement and is adjacent to vacant commercial 
and one residential lot at the northwest of   the property there are residential uses in the 
subdivision on the other side of charal drive   for finding criteria B the applicant will use 
existing utility as necessary to continue the   operation of a restaurant criteria C ing grass 
and erass will be assessible through existing   driveway connections to Mobile Highway and chor 
drive criteria D outdoor seating areas are shown   on the proposed site plan provisions of the Land 
Development code does not allow the making of any   noise or sound that exceeds the limits outlined 
in LDC or the county noise ordinances in addition   air pollutants glare vibrations and other nuisance 
hazards are addressed by the LDC and must be met   for criteria e Solid Waste must be provided on 
the site all on-site waste containers will be   appropriately located and screened from off-site 
visibility criteria F the subject property AB buts   one single family dwelling which already has a 
large natural vegetated buffer along with power   lines criteria G signing and lighting would be 
evaluated during the Land Development review   process and must be limited to what is allowed by 
provisions of the LDC exterior lighting should be   deflected from adjoining properties and and public 
streets criteria H the location was approved as   a restaurant in 2000 but has been vacant for a 
few years the location appears adequate for the   scale of the proposed use and the specific County 
requirements for this type of operation and for   the last criteria the partial is Zone commercial 
and hdmu which allows for restaurants including   on premise consumption of alcoholic beverages the 
existing buildings in addition are located within   the commercial zoning District staff recommends 
approval of the proposed use as requested okay ex excuse me I had to sneak oh oh that's better uh sir 
can you come back up I'm sure that could you um tell us exactly what you plan 
to do with your uh this addition um just have   an outdoor seity what I'm I'm sorry sir just 
have an outdoor seting area and serve food and   drinks for and so you would be serving alcohol 
would be serving alcohol and would you have musicand I'm sorry just the ambience 
music like the restaurant has speakers   oh okay what about live music anything 
like that um it's not on as planned   right now um if we do in the future it 
should be like like just single single   um musician playing or something like 
that but he hasn't been on the planes   yet all right sir board members um I jumped 
the gun uh is there does the board have some questions this is sta Church Elementary 
School we did a side inspect section on   this visit and it's over a th000 ft from the 
nearest church there's no schools anywhere   nearby or daycare the closest was a church 
North on Mobile Highway do you know how much   over theet I think it may have been like 
I think it was like over 12200 over there   was the measurement done from the patio 
which we're discussing it was done from   the front door which is further in than the p 
Pao but not by much maybe 10 ft or something if that would be yes ex structure 
um actually we we built that   one it wasn't the um when was old 
mon we buil that on the side many seats we guessing about 40 seats and are your 
operating hours 11:00 a.m. to 10 p.m. Monday to uh   Sunday to Thursday and Friday and Saturday 11:00 
a.m. to 11: p.m sta are there noise ordinances for   yes there's there's the county noise K mccardy 
aicp scambia County there's the county nor noise   ordinance um typically in a situation such 
as this as far as a generation of noise um   it would arise from some type of Code Enforcement 
complaint we've we've seen that a lot um you know   from various operations for whatever reason uh 
code enforcement initiates an investigation um   and sees exactly what's going on whether 
it's the weekend and those typee of things   and um the applicant would then work with 
County staff to come into compliance yeah yes and the issue here is the if I 
understand what the question before   us is the patio the outside service of 
food and drink is the issue that we're   uh being cons considered is that right uh yes 
sir Mr chairman I can answer that um so the   property as you saw from the zoning map is and 
as Miss Christina uh showed in her findings um   it's commercial zone property with hdmu in the 
back so with the primary use of the property is   on the commercials Zone piece um it's an allowed 
use restaurants are um and those type of activity   but the primary intent um of the commercial 
zoning District everything must be indoors   so once there's a use such as alcohol license that 
triggers or serving of you know of an outdoor type   of use um then it triggers a different review 
and we have determined that restaurants not   otherwise permit it and the conditional uses 
of the commercial would satisfy that um it's   kind of what we deal with with our food trucks um 
treat it somewhat similar in nature to those like   our food truck Park type things are there homes 
looking at this map right across the street are   those single family homes so down charur Drive 
which or road is it drive drive there's homes   behind it I think over on this side here I think 
those are duplexes if I remember it should be or   they're other words they're residential quarters 
yeah like multif family and and I take it the   white building is the building we're discussing 
right yeah it's got a red rooftop well the Red   Roof yes yeah and so um I believe the applicant 
it may be in the backup did provide um the site   plan from the previous Edition Edition actually um 
goes towards Mobile Highway it's in the very front   so so the um you know potential conflicting use 
here would be um I guess less impactful um as   otherwise being on the back of the building or 
the side towards the residential neighborhood okay board do we have any other questions about this all right seeing none right now we 
do have one speaker in in addition uh to   you sir so if you want to just hang on 
a second we'll hear from uh Mr William Jones please raise your right hand do you 
solemnly swear and affirm that the testimony   you're about to give will be the truth the whole 
truth and nothing about the truth s you God thank   you please state your name and address William 
Jones 2123 Pullman Circle Pensacola 32526 yes sir   and what would you like to tell the board about 
this uh application well on the surface I would   say welcome to the neighborhood um it's good to 
see life in the building again um and I can see   where it could be a huge asset to the neighborhood 
but I just have a few questions um the permitting   process was kind of strange on this because early 
on this wasn't pursued in the normal paperwork   and then last month there was a no-show you know 
from people but in the meantime they've had a soft   opening and they're doing good everything looks 
perfect but when things are delayed like they were   and you know approach it in that way then it makes 
you kind of take a closer look um the parking lot   is set up for 96 vehicles in that neighborhood 
two to a car would put about 200 people in the   restaurant which would be normal but they've moved 
in blocking in the back parking lot for two more   areas which would bring around 288 vehicles or 550 
Plus people to the restaurant that to me may be   a problem uh and I'm just making sure that we're 
just not going to have any major blowout parties   over the weekend and stuff that interferes you 
know we had the blue bar down on Mobile Highway   a block away and after the second murder from over 
intoxication you know they finally shut it down um   and we just want to make sure this isn't going to 
open up in the neighborhood um we've done a lot of   work in the neighborhood and we finally have our 
property values approaching the 300,000 Mark and   we don't want anything to come in and and crash 
that for us that's my only concern is just to make   sure that everything's you know going to be normal 
um and an asset to the to the neighborhood and not   a a problem um that's all I have to say has uh 
has food and drink being served out outside now   I haven't seen any okay it's everything's normal 
everything's quiet um people are I mean you know   it's a little extra traffic but that comes with 
anything um and I don't really see that being   an issue and if it becomes an issue then we'll 
just have to approach the state you know to put   in lights or something to help out shouldn't be an 
issue all right thank you a question for staff um   I understand your calculations with the parking 
spaces um but isn't there an OCC there is there   an occupancy limit or um rules as to how many 
people can be in the building at any time yes   that's that's going to be dictated by the building 
code and the fire code um you know these folks   in the restaurant industry they should no I don't 
know the top of my head but yes there is occupany   limits um of how many people in the building how 
many people on the patio um applicable parking I   would the comment there from staff would be you 
know if there are proposals um to expand the   parking um per se you know those things require 
development review so um the applicant would   need to come and speak with County staff you know 
there's there's limitations there's ex excess um   from County regulations concerning parking so I 
would just um you know the applicant would need   to work with us for any type of compliance on that 
okay is this going to be just a sitdown restaurant   where you order uh alcoholic beverages and 
consume them there or will it be a takeout it will be we would sell mainly um seaing um   for customers that's to come in dining 
but we also sell take out food okay and and of course you the whole reason 
that we're here is because you plan to   offer alcoholic beverages outside in your patio 
area for uh not outside in the per area yeah   that's what I mean all right sir um Mr Godin 
that's that's essentially what triggered this   process um is the alcohol license types one the 
state requires us to you know the county as the   zoning authority to sign off on different license 
types and that's when we go through our processes   looking at schools churches this particular 
license kind um they they already have a alcohol   license to serve indoors and that's allowed by 
the zoning this particular license um allows for   outside type of service you know patio type of 
serving um that's what triggered essentially why   we're here today is we couldn't we couldn't say 
that outside uses were allowed um uh with that   different license type which put us here well what 
uh what assurances do we have about uh outside you   know inside service is one thing outside service 
is an entirely different thing you've got a new   potential that is inherent I would think in that 
sort of thing where alcohol is involved and and   music and that sort of thing what is what gives 
the uh County staff comfort that this will not uh   create uh a nuisance for the neighborhood because 
you you know you do have some homes of dwellings   of various family dwellings and it's not they're 
not that far away sure sure absolutely um so the   patio is constructed and again um The Patio 
is in a way that yes the building is closer   to the entrance of the neighborhood obviously 
if the building was in a totally different spot   then it may be more conducive but the patio is 
in a place that would potentially have less of   a imp impact um as being shown again we do have 
an active Code Enforcement office and it's good   to see uh the citizen participation um I'm sure 
if there's anything that would get out of hand   or got into you know the realm of needing review 
with County noise ordinances or nuisance um then   you know again we we would be complaint driven 
but that's when that would open up to any type of   complaint so that's kind of how that goes down can 
I say something just to put an idea in your head I   would compare this to beo Brady it's a sports bar 
with the TVs and serving inside so I mean that's   basically what you're looking at um the nose the 
noise of course I live right behind here so we   have to put up with 9 M Billiards and woodsies bar 
but now I've got to say since the pool hall opened   up I've called them one time about the noise and 
it immediately stopped and in 38 years I've called   Woodies twice and the management they they stay on 
top of things and I would expect the same you know   with this I mean I'm not really concerned about 
the noise and stuff I'm just making sure we're   not having Mega parties in in the neighborhood 
um you know things along that sort but uh as a   resident in the neighbor neighborhood I'd have to 
say at this point I feel comfortable with what's   going on all right sir board members do have any 
final questions I I have one more um regarding   the use of the space for other than um normal 
um restaurant um use would would this building   be used for parties rentals things like that 
no our main license is for restaurant that's   what we going to keep on thank you sir thank 
you very much we appreciate your presentation   we appreciate hearing from Mr Wilson also uh 
board members do we have any discussion about this seeing none uh we've reached the point 
then that we need to make a decision about   this application do I hear a motion Mr chairman 
I move that we accept staff's findings of fact   and Grant this conditional use request we 
have a motion by Mr Smith uh to Grant the   application do I have a second second we have 
a second from the vice chairman uh all all   those in favor of granting uh this application 
pursuant to the findings of fact as presented   to us by the staff and the testimony of 
the applicant please raise your right hand let the record reflect that this 
application was approved unanimously   thank you sir we appreciate you being with 
us today board members uh we since we only   have one today uh Miss Rachel what we have 
any Coming Attractions yes we do have one   conditional use next month oh my goodness okay 
well I appreciate everyone being here as usual   and everyone have a good month and we'll we'll 
do this again thank you yes meeting adjourned