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[00:00:01]

WELL, IT'S GOOD TO SEE ALL MY BOARD MEMBERS HERE.

[CALL TO ORDER:]

WE'RE GOING TO GO BY THAT CLOCK ON THAT BACK WALL.

SINCE THEY HIT SIX MINUTES, WE'RE GOING TO CALL THIS MEETING TO ORDER. AND THERE IT IS.

MISS CHANDRA IF YOU CAN CALL. I'M CALLING THE MEETING TO ORDER.

IF YOU CAN DO THE ROLL CALL, PLEASE. YES. MR. KARAFFA HAS ASKED TO BE EXCUSED. MR. WARNER PRESIDENT.

MR. CATALANO, PRESENT. MR. FILIBERTO HERE. MR. HIGGINS HERE. MR. MCNALLY HERE. MR. NORRIS HAS ASKED TO BE EXCUSED.

MISS MALONEY IS ASKED TO BE EXCUSED. AND OUR CHIEF DEPUTY CITY ATTORNEY TANYA HURLEY, IS PRESENT.

WE DO HAVE A QUORUM. ALL RIGHT. THANK YOU. IF I CAN HAVE EVERYONE STAND SO WE CAN DO THE PLEDGE OF ALLEGIANCE.

I PLEDGE ALLEGIANCE 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.

ALL RIGHT. IF I CAN GET A MOTION FOR. WE GOT TWO ADOPTIONS.

[ADOPTION OF MINUTES:]

ADOPTION AMENDMENTS THAT WE HAVE TO APPROVE. ONE IS FOR APRIL 1ST, 2026, AND THE OTHER ONE FOR MAY 6TH, 2026. SO WE'LL DO THE APRIL 1ST FIRST. I LIKE THAT APRIL 1ST, FIRST.

THEN WE'LL DO THE MAY 6TH. SO IF I CAN GET A MOTION TO APPROVE THE MINUTES FOR APRIL 1ST MEETING, MR. CHAIR, I'LL MAKE A MOTION TO APPROVE THE MINUTES FROM APRIL 1ST, 2026.

SECOND. ALL RIGHT. WE HAVE A MOTION. A SECOND.

ALL IN FAVOR? AYE AYE AYE. ALL RIGHT, NOW, WE NEED TO ADOPT THE MINUTES FOR OUR MAY 6TH MEETING.

IF I CAN HAVE A MOTION FOR THAT, MR. CHAIR. I'LL MAKE A MOTION TO ADOPT THE MINUTES FOR OUR MAY 6TH MEETING OF 2026.

SECOND. WE HAVE A MOTION AND A SECOND. SECOND IN FAVOR.

AYE AYE AYE. ALL RIGHT. SO EVERYONE THAT IS IN ATTENDANCE IF YOU CAN TAKE THIS TIME NOW TO GO AHEAD AND SILENCE YOUR CELL PHONE, IT WOULD BE GREATLY APPRECIATED.

SO FOR THE BENEFIT OF THE APPLICANTS AND THE AUDIENCE, THE PLANNING AND ZONING BOARD IS AN ADVISORY BOARD COMPRISED OF UNPAID VOLUNTEERS.

[ANNOUNCEMENTS:]

THE LAND DEVELOPMENT DIVISION STAFF WILL PRESENT THE STAFF REPORT FOR EACH CASE.

BOARD MEMBERS WILL THEN BE ASKED IF THEY HAVE ANY QUESTIONS FOR STAFF.

THE APPLICANT OR THEIR REPRESENTATIVE. REPRESENTATIVE WILL THEN BE ASKED TO APPROACH THE PODIUM AND PRESENT ANY INFORMATION GERMANE TO THE CASE, AND TO ANSWER ANY QUESTIONS FROM THE BOARD. THE FLOOR WILL THEN BE OPEN FOR PUBLIC COMMENTS.

WE WILL FIRST HEAR THOSE WISHING TO SPEAK IN FAVOR OF THE APPLICATION AND THEN THOSE IN OPPOSITION TO THE APPLICATION.

FOR ALL PROCEEDINGS, ALL APPLICANTS AND SPEAKERS FROM THE AUDIENCE MUST SIGN A SPEAKER OATH CARD LOCATED AT THE SIDE OF THE ROOM AND AT THE PODIUM.

PLEASE PRINT LEGIBLY. SPEAK DIRECTLY INTO THE MICROPHONE AND STATE YOUR NAME, ADDRESS AND COMMENTS FOR THE RECORD.

AS A COURTESY, I ASK THAT IF THERE IS A GROUP OF PEOPLE FROM A NEIGHBORHOOD WHICH WE WE WON'T.

WE WON'T SEE ALL THAT TONIGHT. THAT YOU THAT YOU ALL HAVE THE SAME DAY.

IF IT'S THE SAME COMMENTS, THEN ONE PERSON BE APPOINTED TO, TO TO SPEAK AFTER THE PUBLIC COMMENTS.

I WILL BRING THE CASE BACK TO THE BOARD. AT THIS TIME.

THE FLOOR WILL BE CLOSED AND NO FURTHER COMMENTS WILL BE HEARD FROM THE AUDIENCE. I WILL THEN CALL FOR A MOTION AND A SECOND, AT WHICH TIME THE BOARD MAY HAVE ADDITIONAL COMMENTS OR FURTHER DISCUSSION.

I WILL THEN CALL FOR A VOTE. DECISIONS OF THE PLANNING AND ZONING BOARD ARE THEN FORWARDED TO THE CITY COUNCIL FOR FINAL DISPOSITION.

ALL RIGHT. SO FIRST, BEFORE WE DO THAT WE HAVE TWO EXCUSED ABSENCES.

MR. KARAFFA AND MR. NORRIS ASKED TO BE EXCUSED, AND I NEED A MOTION FOR FOR FOR APPROVAL FOR THE EXCUSE.

I'LL MAKE THE MOTION TO TO EXCUSE THE ABSENCE OF MR. CRAWFORD AND MR. NORRIS. OKAY. SECOND. THANK YOU.

ALL IN FAVOR? AYE. AYE. ALL RIGHT. STAFF. IT'LL BE YES, IT'S YOUR TURN.

[NEW BUSINESS:]

THANKS. THIS IS NEW BUSINESS. V 2600002. OH. GO AHEAD.

YES, MA'AM. NOW THAT WE HAVE THE CASE NUMBER ON THE RECORD, IF WE COULD PLEASE PULL THE BOARD MEMBERS AS TO ANY EX PARTE COMMUNICATIONS OR SITE VISITS. AND SEEING AND HEARING NONE. I DID DO A SITE VISIT, BUT I DIDN'T SPEAK WITH ANYBODY.

JUST DID A DRIVE BY AND CHECKED OUT THE SITE.

ANYONE ELSE? OKAY. THANK YOU SIR. THANK YOU. THANK YOU.

AGAIN, THIS IS V 2600002. ADDITIONAL SIGNAGE FOR HERITAGE SQUARE DENTAL.

[00:05:01]

GOOD EVENING, VICE CHAIR AND MEMBERS OF THE PLANNING AND ZONING BOARD.

FOR THE RECORD, DEBBIE FLYNN, ASSISTANT GROWTH MANAGEMENT DIRECTOR.

THE ITEM FOR CONSIDERATION IS CASE B 2600002, A VARIANCE REQUEST SUBMITTED BY WMG ACQUISITIONS, LLC FOR THE HERITAGE SQUARE DENTAL PROPERTY LOCATED AT 120 SAINT JOHN'S HERITAGE PARKWAY, NORTHWEST.

THE APPLICANT IS REQUESTING A VARIANCE TO ALLOW AN ADDITIONAL WALL SIGN ON THE EAST ELEVATION OF THE BUILDING.

THE SUBJECT PROPERTY CONSISTS OF APPROXIMATELY 0.83 ACRES AND IS DESIGNATED PARKWAY FLEX USE ON THE FUTURE LAND USE MAP AND ZONED PARKWAY MIXED USE OR PMU. THE PROPERTY IS DEVELOPED WITH A DENTAL OFFICE AND CURRENTLY HAS AN APPROVED SIGNAGE ASSOCIATED WITH THE SITE.

A KEY CONSIDERATION FOR THE REQUEST IS THAT SECTION 178.013 OF THE CITY OF PALM BAY LAND DEVELOPMENT CODE PERMITS ONE WALL SIGN PER STREET FRONTAGE. THE SUBJECT PROPERTY HAS FRONTAGE ALONG MALABAR ROAD AND CURRENTLY HAS AN APPROVED WALL SIGN FACING THE ROADWAY, AS WELL AS AN APPROVED MONUMENT SIGN PROVIDING ADDITIONAL SITE IDENTIFICATION.

THE APPLICANT IS REQUESTING AN ADDITIONAL WALL SIGN ON THE EAST ELEVATION OF THE BUILDING.

HOWEVER, THE EAST ELEVATION DOES NOT HAVE FRONTAGE ON A PUBLIC STREET.

THEREFORE, THE PROPOSED SIGN DOES NOT MEET THE CODE STANDARD SIGN ALLOWANCE AND REQUIRES A VARIANCE APPROVAL.

THE BOARD'S ROLE IS TO DETERMINE WHETHER THE APPLICANT HAS DEMONSTRATED SUFFICIENT JUSTIFICATION TO WARRANT RELIEF FROM THE CITY.

SIGN REGULATION BASED ON THE APPLICABLE VARIANCE CRITERIA.

ALL REQUIRED PUBLIC NOTICE REQUIREMENTS, INCLUDING MAILED NOTICES.

POSTING AND ADVERTISEMENTS WERE COMPLETED IN ACCORDANCE OF THE CITY'S CODE OF ORDINANCES.

A CITIZEN PARTICIPATION MEETING WAS NOT REQUIRED FOR THIS APPLICANT PURSUANT TO SECTION 172.012 B TWO.

THE BOARD'S REVIEW IS GOVERNED BY THE VARIANCE CRITERIA CONTAINED IN SECTION 172.025 OF THE LAND DEVELOPMENT CODE.

THESE CRITERIA INCLUDE CONSIDERATION OF SPECIAL CIRCUMSTANCES, HARDSHIP, MINIMUM RELIEF, NECESSARY, CONSISTENCY WITH THE INTENT OF THE CODE, PROTECTION OF THE PUBLIC WELFARE, AND IMPACTS ON SURROUNDING PROPERTIES.

ON THE SCREEN IS THE PROPOSED SIGNAGE WHERE THERE IS NO STREET FRONTAGE AND THE ALLOWED SIGNAGE, THE SIGN PLANS AND BUILDING ELEVATIONS ILLUSTRATE BOTH THE APPROVED SIGNAGE AND THE PROPOSED ADDITIONAL SIGNAGE THE APPLICANT HAS IDENTIFIED.

I DEDICATED THE ADDITIONAL SIGN INDICATED THAT THE ADDITIONAL SIGN IS INTENDED TO IMPROVE VISIBILITY AND WAYFINDING FOR CUSTOMERS APPROACHING THE SITE. THE PROPOSED SIGN WOULD BE LOCATED ON THE EAST ELEVATION OF THE BUILDING, WHICH DOES NOT HAVE FRONTAGE ON THE PUBLIC ROADWAY AND AS ON THE SCREEN IS THE SOUTH ELEVATION WHICH IS APPROVED. THE SIGN AND THE EAST ELEVATION IS THE SIGN THAT THEY WOULD LIKE TO PUT ON THEIR THEIR BUILDING.

STAFF REVIEWED THE APPLICATION, APPLICATION AND SUPPORTING MATERIALS AGAINST THE VARIANCE CRITERIA ESTABLISHED BY THE LAND DEVELOPMENT CODE.

SECTION 178.013 PERMITS ONE WALL SIGN PER STREET FRONTAGE.

THE SUBJECT PROPERTY ALREADY HAS APPROVED PERMITS FOR ONE WALL SIGN ORIENTED TOWARD MALABAR ROAD AND ONE MONUMENT SIGN PROVIDING ADDITIONAL SITE IDENTIFICATION AND VISIBILITY. STAFF DID NOT FIND CONCLUSIVE EVIDENCE OF UNNECESSARY OR UNDUE HARDSHIP UNIQUE TO THE PROPERTY.

THE VISIBILITY CONCERNS IDENTIFIED BY THE APPLICANT APPEAR TO BE RELATED TO THE BUILDING AND SITE ORIENTATION, RATHER THAN UNIQUE PHYSICAL CHARACTERISTICS OF THE PROPERTY.

ADDITIONALLY, APPROVAL OF THE REQUEST COULD BE VIEWED AS GRANTING A SPECIAL PRIVILEGE NOT COMMONLY AFFORD TO SIMILARLY SITUATED PROPERTIES WITHIN THE CITY.

BASED ON THESE FINDINGS, STAFF DETERMINED THAT THE REQUEST IS NOT CONSISTENT WITH THE INTENT AND THE PURPOSE OF THE CITY'S ADOPTED SIGN REGULATION AND RECOMMENDS DENIAL OF THE VARIANCE REQUEST. AND AGAIN, THAT WAS THE SUMMARY FOR THAT.

AND NEXT IS THE PLANNING AND ZONING BOARD IS REQUESTED TO PROVIDE A RECOMMENDATION TO CITY COUNCIL TO APPROVE APPROVE WITH CONDITIONS OR DENY THE REQUEST VARIANCE.

AND THAT CONCLUDES MY PRESENTATION. AND I BELIEVE THE APPLICANT IS HERE.

YES. TO DISCUSS THEIR PROJECT AND TO ANSWER ANY QUESTIONS AS WELL AS STAFF.

ALL RIGHT. THANK YOU, MISS FLYNN. DO? BOARD HAVE ANY QUESTIONS FOR STAFF? I HAVE A QUESTION. SURE, MR. CHAIR. JUST A CLARIFICATION.

YOU MENTIONED OBVIOUSLY THERE'S A SIGN ON THE BUILDING AND YOU SAID THERE WAS A MONUMENT. IS THAT A THAT'S A TYPE OF NAME OF A SIGNAGE.

[00:10:01]

IT'S THE THE SIGN THAT'S USUALLY ON THE STREET FRONTAGE THAT HAS A SIGN AS WELL THAT THEY'RE JUST CALLED A MONUMENT SIGN.

THAT'S A TYPE OF SIGN. YEAH. SO THEY, SO THEY OKAY, SO IT'S THE SIGN THEN WHAT'S ON THE BUILDING, BUT CLOSER TO THE ROAD. YEAH. OKAY. SO IT HAS ONE OF THOSE.

ALL RIGHT. THANK YOU. HOWEVER, THIS IS FOR AN ADDITIONAL SIGN ON THE BUILDING.

CORRECT. IT'S ON A SIDE OF A BUILDING BECAUSE THE WALL FRONTAGE IS A WALL SIGN IS ONLY ALLOWED ON A STREET FRONTAGE.

SO A MALABAR ROAD, IT WAS ALLOWED THEY RECEIVED THAT THAT SIGN PERMIT.

THEY WERE LIKE AN ADDITIONAL SIGN ON THE EAST SIDE, WHICH IS NOT ALONG A STREET FRONTAGE WHICH GOES AGAINST OUR CODE COMPLIANCE OR CODE CRITERIA. I SEE A LOT OF KIND OF APPLICANT RESPONSES AND STAFF REVIEW ABOUT THE SITE PLAN.

IT SEEMS LIKE THEY'RE KIND OF BLAMING THE SITE PLAN HERE.

SITE PLAN WAS ALREADY APPROVED FOR THIS. THIS IS JUST THEIR SIGNAGE AND ON THEIR SITE PLAN, THEY DID NOT SHOW A SIGN ON THIS BUILDING ON, ON THE EAST SIDE.

ALL RIGHT. THEY JUST SHOWED IT ON THE REQUIRED AREAS.

HOWEVER, DID DID STAFF HAVE ANY CHANGES OR ALTERATIONS TO THEIR ORIGINAL SITE PLAN? NO. OKAY. THANK YOU. ANY OTHER QUESTIONS? I DO HAVE I HAVE ONE, MAYBE A COUPLE. THE, THE NEW, THE SIGN THAT'S GOING TO GO ON THE EAST SIDE.

WILL THAT SIGN BE LIT. WHAT'S THAT. I DON'T, I DON'T BELIEVE SO, BUT THE APPLICANT CAN CAN READ ON IT AS WELL. OKAY. AND WAIT. YES. I'M SORRY. THERE SAYS CONTOUR CABINET ON THE SCREEN ON THE ON THE ELEVATION. IT DOES SHOW THE CONTOUR CABINET. AND USUALLY WHEN IT SAYS CABINET, THAT'S USUALLY A LIT SIGN, A SIGN, BUT IT WILL BE TOWARDS OUR CITY STANDARDS FOR BRIGHTNESS.

AND THAT'S THE, THAT'S THE ORIGINAL SIGN. OR IS THAT THE EAST SIDE.

IT'S BOTH SIGNS. BOTH SIGNS. YEAH. THE EAST SIDE, THE EAST ELEVATION IS THE PROPOSED LOCATION.

THEY ALREADY HAVE A SIGN APPROVED ALONG MALABAR ROAD. OKAY.

AND WILL THE SECOND SIGN BE AS LARGE AS THE FIRST SIGN? IT'S THE SAME SIZE AS YOU SEEN ON THE SCREEN.

SAME SIZE. OKAY. SAME SIZE, SAME FORM. ALL RIGHT.

OKAY. ALL RIGHT. THERE AREN'T ANY OTHER QUESTIONS FOR STAFF.

THEN I'M GOING TO OPEN IT UP FOR PUBLIC COMMENTS AT FIRST.

AS WE BRING THE THE APPLICANT UP. DON'T FORGET TO SIGN THE, THE OATH CARD THERE. GOTCHA. AND STATE YOUR NAME AND YOUR ADDRESS FOR THE RECORD.

MY NAME IS STEVEN SUMMERFORD. MY ADDRESS IS 6335 61ST COURT.

I RESIDE IN VERO BEACH. SO OUR CUSTOMER IS CONCERNED WITH THIS SITE, I BELIEVE IS THERE'S MORE OF A MAIN ENTRANCE ON THAT.

I BELIEVE IT'S THE EAST OR THE EAST SIDE OF THAT PLAZA THERE.

AND I BELIEVE THAT'S YOUR MAIN CONCERN AS VISIBILITY IN THAT SIDE ROAD OFF OF WHAT IS IT? MALABAR, I BELIEVE IS MORE OF A SIDE ROAD. THE CONTRACTOR WAS TELLING ME IT'S ONLY IT GOES TO A HIGH SCHOOL, I BELIEVE OVER THERE. THERE'S NOT VERY MANY PEOPLE THAT TRAVEL PAST THAT ROAD. AND I BELIEVE THAT'S WHAT THEIR CONCERN WAS, WAS JUST BETTER ADVERTISEMENT, BETTER VISIBILITY.

OKAY. IS THAT IT FOR YOUR PRESENTATION? NO, SIR.

OH, OKAY. I WAS JUST KIND OF SIGNED UP TO GO HERE, SO I WAS LIKE, ALL RIGHT, I'LL GO.

YEP. OKAY. SURE. DO YOU DO YOU KNOW IF THERE'S GOING TO BE ANOTHER LIKE A PEDESTAL SIGN OR ANYTHING THAT'S GOING TO BE ON DIFFERENT BECAUSE OF THE OTHER SIGNAGE GOING THERE.

OTHER THAN THAT MONUMENT THAT SHE SPOKE ABOUT, I'M NOT SURE I WAS SICK WHEN THEY INSTALLED THESE SIGNS, SO I'M NOT SURE IF THEY INSTALLED THE MONUMENT ALREADY OR NOT. BUT I BELIEVE THE ONLY OTHER SIGNAGE THAT THEY'RE REQUESTING IS THAT SECOND WALL SIGN ON THE EAST ELEVATION.

OKAY. AND IT'S THE EXACT SAME AS THE STOREFRONT, WHICH IS THE NORTH OR SOUTH ELEVATION.

OKAY. DO YOU REPRESENT THE THIS PROJECT, THE OWNER OF THE PROPERTY OR.

YES. SO MY BOSS REQUESTED THE VARIANCE MEETING AND I BELIEVE THE OWNER OF THE PROPERTY OR THE OWNER OF THE STORE, ONE OF THE TWO HAVE REQUESTED HIM TO PUT THAT IN.

SO. I THINK THE SIGN LOOKS NICE. IT'S, YOU KNOW, CONDUCIVE WITH THE OTHER SIDE.

IT'S ALSO THAT THAT BUILDING IS IN THE CORNER LOT.

THAT'S SO IT'S KIND OF IN A BAD AREA. BUT YEAH IT LOOKS IT'S A GOOD LOOKING SITE.

SO I HAVEN'T BEEN TO THE SITE. AND UNFORTUNATELY, I DIDN'T GET A CHANCE TO GET OVER THERE.

BUT YOU SAID THERE'S ANOTHER ROAD THAT. YES. SO WHEN I CAME THERE, I WAS THERE'S.

I BELIEVE THERE'S A MCDONALD'S THERE. THAT'S THE ENTRANCE TO THAT. THE GOOGLE MAPS TAKES YOU THROUGH. SO IT DOESN'T REALLY TAKE YOU TO THAT SIDE ROAD AND BRING YOU THROUGH. BUT HOW FAR ARE YOU FROM THAT SIDE ROAD THAT THE SIGN WILL REFLECT, YOU KNOW, WILL BE SO THIS IS MALABAR.

SO THIS IS, THIS IS THE, IT'D BE THE EAST ELEVATION, BE THE RIGHT SIDE OF THAT BUILDING RIGHT THERE IN THE CORNER.

[00:15:06]

AND THEN I BELIEVE YOU ENTER THROUGH THIS SAINT JOHN'S HERITAGE PARKWAY AND THAT ALL CONNECTS TOGETHER INTO ONE PLAZA.

SO DO YOU THINK THAT SIGN IS GOING TO BE OBVIOUS FROM THAT ROAD? I THINK ONCE YOU GET INTO THE PLAZA, IT WILL HELP YOU FIND THAT SITE A LOT BETTER ONCE YOU'RE IN THE PLAZA, YOU KNOW. GOTCHA. THANK YOU. YES, SIR. ANY OTHER QUESTIONS FOR THE APPLICANT? IS THE MONUMENT SIGN FACING THE EAST LIKE THE SIGN WOULD BE ON THE BUILDING? I'M. I HAVE NOT SEEN IT. I WASN'T THERE WHEN THEY INSTALLED IT, BUT I'M GUESSING IT'S FACING NORTH AND SOUTH.

NORTH AND SOUTH OFF OF MALABAR ROAD TO CATCH ALL THE TRAFFIC THAT TRAVELS DOWN THAT ROAD.

MR. FILIBERTO, DID YOU HAVE A QUESTION? NO, SIR.

NO, SIR. THANK YOU. OKAY. ALL RIGHT. SIR, YOU YOU MAY HAVE A SEAT IN CASE WE NEED YOU IN.

COMING UP. MR. BILL? BILL BATTEN, 586 OCEAN SPRAY STREET, SOUTHWEST. I ALSO WAS CURIOUS IF THERE WAS GOING TO BE ANOTHER SIGN.

THAT'S RIGHT ON THE ON MALABAR ROAD, A STANDALONE SIGN OTHER THAN WHAT WAS MOUNTED ON THE BUILDING.

AND HE DIDN'T KNOW IF THAT'S WHAT IF THERE WAS GOING TO BE ONE OR NOT.

SO AS YOU DRIVE DOWN MALABAR, YOU WOULD SEE IT.

THE OTHER QUESTION I HAD WAS, WILL THIS VARIANCE STAY WITH THE BUILDING, OR DOES IT STAY WITH JUST THE WITH JUST THE CUSTOMER? IF THEY SELL THE BUILDING, DO THEY. DOES THAT NEXT BUSINESS GET A VARIANCE TO KEEP A.

KEEP A SIGN ON THE HAVE TWO SIGNS ON THE BUILDING, RIGHT? I JUST FOR CURIOSITY'S SAKE, BECAUSE I KNOW THERE'S LOTS OF BUILDINGS IN PALM BAY THAT ONLY HAVE THE FRONTAGE SIGNS AND NOT ON THE SIDE OF THEIR BUILDINGS.

I UNDERSTAND WHY THEY WOULD WANT IT BECAUSE YOU COULD SEE IT FROM.

AND ONCE YOU COME IN THERE, IF YOU GO TO SOME OF THE BIG SHOPPING CENTERS, IF YOU DON'T KNOW WHERE THE BUILDING IS, YOU'RE GOING TO. IF YOU DON'T SEE IT ON TWO SIDES OF THE BUILDING, YOU'RE LOST.

I UNDERSTAND IT. I ALSO UNDERSTAND WHY THE CITY HAS TO REGULATE.

THANK YOU VERY MUCH. THAT'S WHY YOU GET PAID THE BIG BUCKS. THANK YOU.

THANK YOU. ALL RIGHT. WELL, SINCE THE TWO INDIVIDUALS THAT ARE THERE ARE IN THE AUDIENCE THAT ARE THAT HAVE SPOKEN EITHER FOR OR AGAINST THIS, THEN I'M GOING TO BRING I'M GOING TO CLOSE THE PUBLIC COMMENTS AND I'M GOING TO BRING THIS BACK TO THE BOARD AND BOARD.

I'M GOING TO NEED A A MOTION. I KNOW THAT WE SHOULD HAVE A LITTLE BIT, MAYBE A LITTLE BIT MORE DISCUSSION.

COULD COULD STAFF ADDRESS ANYTHING OR IS THAT, DO WE HAVE TO HAVE A MOTION BEFORE YOU CAN DO THAT? THAT'D BE FINE. SO MR. CHAIR. YES MA'AM. IF YOU HAVE IF THERE ARE ADDITIONAL QUESTIONS FOR STAFF, YOU SHOULD REOPEN THE PUBLIC HEARING AND LET THOSE QUESTIONS BE ASKED.

THE APPLICANT SHOULD BE GIVEN AN OPPORTUNITY TO RESPOND.

AND SO I JUST WANT TO PUT THAT OUT THERE. IF THERE ARE NO ADDITIONAL QUESTIONS FOR STAFF, YOU CAN EITHER HAVE A MOTION AND THEN DISCUSSION, OR YOU CAN DISCUSS FURTHER AND THEN CALL FOR A MOTION.

FAIR ENOUGH. LET'S DO THAT. LET'S REOPEN THE PUBLIC COMMENTS.

AND IF THERE ARE ANY OTHER QUESTIONS THAT IS FOR STAFF SO THAT STAFF CAN THE PUBLIC HEARING FOR YES.

PUBLIC HEARING THE QUESTION THAT MR. BATTEN ASKED.

YES. YES. THE VARIANCE, IF IT'S APPROVED, IT STAYS WITH THAT ADDRESS.

NOW, I DID HAVE ANOTHER QUESTION. SO IT THE ARE THEY LEASING OR DO THEY OWN THE, THE THE PROPERTY.

THE BUILDING. ARE YOU, ARE YOU ALL LEASING IT? SIR, COULD YOU COME BACK UP TO THE PODIUM? STEPHEN SOMERFORD.

MY ADDRESS IS 6335 61ST COURT. SO DO YOU ALL.

ARE YOU ALL. DO YOU ALL OWN THE BUILDING OR ARE YOU LEASING THE BUILDING? I'M NOT AWARE. I'M. YOU DON'T KNOW. THAT'S MORE OF A.

WE'RE. WE WERE ASKED TO COME HERE. MY BOSS WAS ASKED BY THE OWNER OR AS SUCH, TO COME HERE, AND THEN I WAS ASKED BY MY BOSS TO COME HERE. SO I'M NOT AWARE OF WHO LEASES.

I DON'T EVEN KNOW IF MY BOSS WOULD KNOW THAT QUESTION. OKAY.

YES, SIR. ANY ANY OTHER QUESTIONS, GENTLEMEN? YEAH. I DO HAVE A QUESTION FOR STAFF AS WELL, IF I CAN CAN WE? IF WE DO APPROVE THIS, CAN WE MAKE IT SUBJECT TO ONLY FOR THIS.

IF A NEW BUSINESS GOES IN THERE, THEY WOULD HAVE TO COME FOR A NEW VARIANCE RATHER THAN JUST GIVING A BLANKET APPROVAL FOR ANYBODY THAT GOES IN THERE. MR.. MR. CHAIR, IF I MAY, THAT MIGHT BE MORE A QUESTION THAT MIGHT BE MORE OF A LEGAL QUESTION.

SO I'LL DO MY BEST TO ANSWER IT. BASICALLY. I WOULD NOT ADVISE THAT YOU INCLUDE THAT CONDITION.

[00:20:06]

HOWEVER THERE IS IF A SUBSEQUENT OCCUPANT OF THAT BUILDING WERE TO TAKE THE SIGN, TAKE DOWN ALL THE SIGNS AND IF THEY WANTED TO GET THE SAME EFFECT AGAIN WITH SIGNS ON BOTH SIDES OF THE BUILDING, THEY WOULD HAVE TO APPLY FOR A NEW VARIANCE BECAUSE THEY WOULD HAVE ESSENTIALLY ABANDONED THAT, THAT USE THAT WAS GIVEN TO THEM IF THEY WERE TO TEAR THE SIGNS DOWN.

SO I WOULDN'T RECOMMEND THAT YOU PUT IT AS A CONDITION.

BUT GRANTING IT NOW DOES NOT NECESSARILY MEAN THAT IT'S GOING TO BE THAT WAY FOREVER.

SO IF ANOTHER BUSINESS COMES IN, THEY'RE NOT GOING TO USE THE SAME NAME? I DON'T THINK SO. CONSEQUENTLY, THEY ARE GOING TO TAKE IT DOWN.

AND AT THAT POINT THEY WOULD NEED TO COME FOR ANOTHER VARIANCE. IS THAT CORRECT. IT'S GOING TO DEPEND ON WHAT EXACTLY IT IS THAT THEY ARE DOING.

I WOULD THINK IF IT'S THE SAME TYPE OF SITUATION THEY PROBABLY COULD.

BUT IT COULD IF THEY'RE LOOKING TO PUT UP A SIGN WITH DIFFERENT DIMENSIONS OR DIFFERENT CHARACTERISTICS, THERE'S AN ARGUMENT THAT THEY WOULD HAVE TO RESTART THE VARIANCE PROCESS.

SO IF THEY STOOD IN THAT SAME SQUARE FOOTAGE OF THAT SIGN, YOU'RE SAYING THEY CAN PULL THAT SIGN DOWN, PUT ANOTHER SIGN IN, AND THEY WOULD NEED A VARIANCE OR A PERMIT TO PUT THE SIGN UP.

I WOULD I WOULD BE HARD PRESSED TO SAY THAT THAT THEY WOULD HAVE TO START OVER IF THEY'RE DOING THE EXACT SAME THING.

THANK YOU. ANOTHER QUESTION, MR. CHAIR. WOULD YOU BE WOULD YOU BE ABLE TO CONFIRM IF THE SIGN, THE MONUMENT SIGN WOULD BE FACING EAST? I DON'T BELIEVE IT'S I KNOW IT'S ON MALABAR ROAD.

I DON'T KNOW WHAT DIRECTION IT'S FACING. BUT IT'S ON MALABAR ROAD.

THE STANDALONE SIGN. AND IS THERE AN ENTRANCE TO THIS PROPERTY FROM MALABAR ROAD? I KNOW I LOOKED ON GOOGLE MAPS, BUT IT WAS AN OLD PICTURE.

I BELIEVE THERE IS AN ENTRANCE OFF MALABAR ROAD JUST FOR THAT.

I THINK IT'S OH ACTUALLY I THINK IT GOES INTO THE PLAZA AND THEY'RE OFF TO THE LEFT. AND THEN YOU CAN GO OFF TO THE RIGHT AND GO TO THE REST OF THE PLAZA. YEAH. YES.

YOU DON'T HAVE TO WIND THROUGH THE WHOLE PLAZA JUST TO GET THERE. YOU CAN. YOU DON'T HAVE TO. YOU CAN GO OFF OF MALABAR ROAD. YEAH.

THAT'S THE IMAGE I SAW. AND OLDER, OBVIOUSLY, I DO HAVE ONE MORE QUESTION FOR THE STAFF.

THAT'S ALL RIGHT. THAT'S ALL I HAD. SO IS THIS AN UP OR DOWN VOTE OR IS THERE, YOU KNOW, APPROVE WITH CONDITIONS OR IS THERE ANY THING OTHER THAN UP OR DOWN. MR. CHAIR, IF I MAY. YES, MA'AM. THE BOARD CAN APPROVE THE REQUEST.

THE BOARD CAN APPROVE IT WITH CONDITIONS. FOR EXAMPLE, YOU COULD GIVE DIFFERENT DIMENSIONS OR SAY, YOU KNOW, WHATEVER CONDITIONS YOU FEEL ARE APPROPRIATE.

OTHER THAN WHAT I JUST DISCUSSED IN TERMS OF LIMITING IT TO THIS ONE APPLICANT OR YOU COULD DENY BASED ON THE CRITERIA IN THE CODE.

THANK YOU. OKAY. I MEAN, I DO, I DO REMEMBER ONE OF THE REASONS WHY THE CODE WAS ESTABLISHED IN THE FIRST PLACE, BECAUSE IT WAS THEY WERE TRYING TO PREVENT A LOT OF THE DIGITAL SIGNAGE, ESPECIALLY WHEN IT WAS COMMERCIAL AND RESIDENTIAL.

THEY WERE, THEY WERE, THEY WERE REALLY TRYING TO PREVENT A LOT OF THE DIGITAL SIGNAGE IN THE CORRIDORS BECAUSE IT BECAME, BECAME A NUISANCE TO SORT OF SAY FOR THE, FOR THE CITY.

AND A LOT OF, A LOT OF THE RESIDENTS COMPLAINED BECAUSE OF THE, BECAUSE OF THE LIGHTS.

IT WAS JUST, IT WAS A LOT OF LIGHTS. SO ONE OF THE ONE OF THE REASONS WHY THE CODING WAS MADE BACK THEN AND WAS CHANGED WAS THAT WAS ONE OF THE REASONS.

SO YOU CAN GO AHEAD AND HAVE A SEAT IF YOU ARE WE, ARE YOU ANY OTHER QUESTIONS? ALL RIGHT. WE'LL BRING IT BACK TO THE BOARD. I'M GONNA CLOSE THE I'M GONNA I'M GOING TO CLOSE THE PUBLIC COMMENTS AND BRING THIS BACK TO THE BOARD AND BOARD. LIKE I SAID, I THINK WE'RE GOING TO PROBABLY NEED MAYBE A LITTLE BIT MORE DISCUSSION ON THIS, BUT WE NEED TO GET A MOTION FIRST. AND THEN SO IT'LL BE A MOTION TO APPROVE APPROVAL CONDITIONS OR A MOTION TO DENY.

AND MR. CHAIR, I'LL MAKE A MOTION TO APPROVE V26-00002.

I'LL SECOND. SO BASED BASED ON THE ON THE CONVERSATION WE HAVE A LOT A LOT OF THERE'S RESIDENTS HERE WHO HAVE SPOKE FOR THIS. AND BASED ON YOUR HISTORY, MR. CHAIR YOU SAID THIS, THIS CODE, WHICH WAS MORE DESIGNED FOR DIGITAL SIGNS.

[00:25:03]

THIS IS NOT A DIGITAL SIGN. THIS IS A STATIONARY SIGN THAT'S NOT GOING TO BE FLICKERING AND BOUNCING ALL OVER THE PLACE LIKE THOSE DIGITAL SIGNS DO.

I UNDERSTAND STAFF'S STANDPOINT AS WELL FOR DENIAL ON THIS.

BUT I DO BELIEVE THIS TO BE A UNIQUE CIRCUMSTANCE FOR, FOR THIS AREA.

MY ONLY CONCERN FOR THE APPLICANT IS THAT THAT THIS SIGN MIGHT GET BLOCKED IN THE FUTURE IF ANOTHER BUILDING GOES UP.

JUST FULL DISCLOSURE. SO THAT'S WHERE I STAND, SIR.

OKAY. THANK YOU. THANK YOU, MR. FILIBERTO. ANY OTHER DISCUSSION? I WOULD JUST LIKE TO SAY THAT I THINK IT'S TOUGH BEING IN BUSINESS THESE DAYS.

WHETHER NO MATTER WHAT YOU ARE AND OR WHATEVER BUSINESS YOU HAVE.

SO I THINK WE WANT TO GIVE THEM AS MUCH HELP AS POSSIBLE TO BE SUCCESSFUL IN PALM BAY.

THAT'S JUST MY FEELING. I FEEL LIKE IT'S SOMETHING THAT WE NEED TO REALLY, OBVIOUSLY WE WANT TO BE WITHIN, BUT THE SIGN IS VERY WELL MADE. IT'S THE SAME AS THE FRONT.

IT'S SYMMETRICAL. I THINK IT, I THINK IT LOOKS VERY NICE AND BEAUTIFUL BUILDING WITH A NICE SIGN TO GO WITH IT.

SO I REASON WHY I FEEL LIKE IT SHOULD BE APPROVED.

MR. CHAIR, I'M GOING TO VOTE AGAINST WHERE OUR BOARD IS SUPPOSED TO BE BLACK AND WHITE.

IT FEELS REQUIREMENT. IT WAS DENIED. IT DOESN'T PASS.

AND THERE WAS NO, YOU KNOW, SUITABLE JUSTIFICATION FOR IT TO GO.

AND CLEARLY WITH THE MONUMENT SIGN, THERE'S AN ENTRANCE FROM MALABAR AND YOU KNOW, SO IT'S, I UNDERSTAND THE FEEDBACK FROM THE OTHER INDIVIDUALS ON THE BOARD, BUT I DON'T THINK THAT I THINK THOSE JUSTIFICATIONS ARE OUTSIDE THE SCOPE OF OUR BOARD.

SO I'M GOING TO BE AGAINST. OKAY. WELL AGAIN, MY COMMENTS ARE JUST, I KNOW THAT I JUST THINK THAT WE'RE OPENING UP ANOTHER CAN OF WORMS AGAIN WITH, WITH WITH APPROVING ALL OF THE DIFFERENT TYPES OF SIGNS AND THE SIGNS THAT'S GOING TO BE IN THE AREA. BUT THIS IS, THIS IS REALISTICALLY ABOUT THE, ABOUT THE SIGN AND THE SIZE OF THE SIGN, NOT EVEN THE SIZE OF THE SIGN, SUN. BUT A SECOND SIGN THAT'S OUTSIDE OF THE CODE OF ORDINANCES THAT WE'VE ALREADY ESTABLISHED FOR THE CITY WHEN IT COMES WHEN IT COMES TO THE SIGNAGE AND THERE'S THERE THERE, THERE'S THERE'S SUPPOSED TO BE A THERE IS A STANDALONE SIGN.

CORRECT. THAT WILL BE GOING IN THAT IT'S A WALL SIGN.

IT'S A WALL SIGN. CORRECT. SO. YEAH, I GUESS THAT'S THE REASON FOR A VARIANCE, RIGHT.

YOU YOU KNOW, YOU, YOU DO THE RIGHT THING BECAUSE YOU, YOU KNOW, YOU'RE RUNNING A BUSINESS AND YOU, YOU FEEL LIKE IT'S GOING TO BE NOT BE ADVERTISED WHERE PEOPLE, AS YOU MENTIONED, AS THE, AS THE APPLICANT MENTIONED THAT YOU CAN GET IN THERE.

AND I THINK MR. BATTEN ALSO POINTED OUT, YOU CAN GET IN THERE AND DRIVE RIGHT BY IT AND NOT EVEN KNOW IT'S THERE.

SO I THINK IT'S SOMETHING THAT OUR CITY WANTS TO MAKE SURE THAT OUR BUSINESSES ARE SUCCESSFUL AND WITHOUT PROPER SIGNAGE.

I KNOW I'VE BEEN IN BUSINESS, I HAD 12 CELL PHONE STORES.

AND I KNOW IF YOU DIDN'T HAVE THE SIGNAGE OUT THERE, YOUR BUSINESS WASN'T GOING TO BE SUCCESSFUL.

SO I'M FOR TRYING TO MAKE THEM THESE BUSINESSES AS SUCCESSFUL AS POSSIBLE SO THAT WE CAN CONTINUE TO MAKE PALM BAY THE WHAT DOES THE MAYOR SAY, THE GREATEST CITY IN THE WORLD OR SOMETHING LIKE THAT? WHAT'S THE SAFETY ON THE FACE OF THIS EARTH? THERE YOU GO.

SO THAT'S JUST MY MY FEELING ON IT. I'D BE INTERESTED TO HEAR WHAT HE WAS SAYING.

OKAY. ALL RIGHT. WELL, WE HAVE A WE HAVE A, WE HAVE A MOTION AND WE HAVE A SECOND.

SO I'M GOING TO CALL FOR THE VOTE. ALL IN FAVOR.

AYE AYE AYE. ALL AGAINST AYE NAY. SO IT PASSES 3 TO 2.

YES MA'AM. ACTUALLY YES. MISS CHANDRA, IF YOU CAN GO AHEAD AND JUST DO THE ROLL CALL FOR THE VOTE.

I THINK THAT'LL HELP YOU OUT. THAT WOULD BE GOOD.

OKAY. MR.. WARNER. NAY. MR. CATALANO, I. MR. FILIBERTO, I.

MR. HIGGINS, I. MR.. MCNALLY. NAY. THANK YOU.

AND FOR THE RECORD, THERE WAS THERE WAS A LETTER THERE WAS A LETTER FOR APPROVAL FOR THIS PROJECT.

SO IT PASSES 3 TO 2 AND IF THERE ARE, IF THERE ISN'T ANY OTHER BUSINESS THAT WE NEED TO ADDRESS OR,

[OTHER BUSINESS:]

OR HAVE ANY CONCERN STAFF. NOTHING. I DO HAVE ONE THING.

IF IT'S OKAY WITH YOU, MR. CHAIR WHEN STAFF WAS SENT OUT THE PACKET, I DON'T KNOW IF IT WAS A MISTAKE OR NOT,

[00:30:01]

BUT THEY, THEY SENT OUT THE MEMBER LIST AND I SAW ON, ON THE MEMBER LIST THAT WHEN WE ELECTED CHAIR AND VICE CHAIR, THE CHAIR GETS THE SPOT FOR TWO YEARS, AND THEN AUTOMATICALLY IT'S REPLACED BY THE VICE CHAIR TO TWO YEARS AFTER THAT.

SO BASICALLY IT'S FOUR YEARS WITHOUT A CHAIR ELECTION. I WAS WONDERING IF WE COULD CHANGE THAT.

I WANTED TO HEAR THE BOARD'S THOUGHTS ON THAT. IF MAYBE EVERY TWO YEARS WE SHOULD RE APPOINT A CHAIR AND VICE CHAIR.

JUST WANTED TO OPEN UP FOR DISCUSSION IF THIS BOARD WANTS TO HAVE THAT DISCUSSION.

AND THAT'S NOTHING AGAINST YOU. THAT'S NOTHING AGAINST YOU, MISTER CHAIR. I JUST SAW IT RANDOMLY TODAY.

IT'S IT'S ACTUALLY THAT'S A IT'S A IT'S A FAIR ASSESSMENT SIMPLY BECAUSE THIS IS HOW IT'S BEEN DONE FOR ESPECIALLY AS LONG AS I'VE BEEN ON THE BOARD.

AND WHAT ENDED UP HAPPENING WAS YOU ENDED UP WITH THE SAME CHAIR FOR TWO YEARS, THREE YEARS, FOUR YEARS, SOMETIMES SIX YEARS. AND THE, AND ONE OF THE CASES I REMEMBER THE VICE CHAIR ACTUALLY JUST, SHE JUST SAID SHE WASN'T DOING IT ANYMORE. SO IT'S A FAIR ASSESSMENT, SO I DON'T HAVE A PROBLEM IF EVERYONE ELSE WE GOT TIME.

SO IF EVERYONE ELSE WANTS TO OPEN THIS UP AND DISCUSS IT.

WELL, I BELIEVE WE HAVE TO PUT IT ON THE AGENDA FOR FOR NEXT TIME.

RIGHT. STAFF. BASICALLY, BUT WE DO NEED TO VOTE FOR YOU TO PUT IT ON THE AGENDA.

THAT'S CORRECT. YEAH, YEAH. AND AGAIN IT WOULD JUST BE A DISCUSSION. IT'S NOTHING, NOTHING HARD, YOU KNOW, HARD PRESSED OR PERMANENT. I JUST WANTED TO HAVE THE DISCUSSION ON IT HERE, SEE WHAT THIS BOARD FELT.

BUT I, I NEVER REALLY SEEN ANY OTHER BOARD DO THIS.

I KNOW THE COUNTY THEY REAPPOINT A CHAIR AND A VICE CHAIR EVERY, EVERY COUPLE OF YEARS.

THE COUNTY PNC. SO WHEN I SAW THAT TODAY ON THE, ON THE MEMBERSHIP ROLL ROSTER, I WAS KIND OF SURPRISED THAT PALM BAY PNC DID THAT.

THAT'S WHY I JUST WANTED TO HEAR THE THOUGHTS HERE. OKAY.

SO WE NEED A, YOU WANT TO, IF YOU WANT TO MAKE THE MOTION AND SOMEBODY SECOND.

SURE. I'LL MAKE I'LL MAKE THE MOTION IF WE CAN AT LEAST JUST HAVE A DISCUSSION ON THAT. OUR NEXT BOARD MEETING REGARDING THE CHAIR AND VICE CHAIR WHAT WOULD IT BE? TEN YEARS TERMS? YEAH, I'LL SECOND IT. ALL RIGHT.

SO WE HAVE A MOTION AND A SECOND FOR THIS TO BE HEARD OR FOR US TO DISCUSS IT IN A FUTURE MEETING.

ALL IN FAVOR? AYE. AYE. ALL RIGHT. MOTION PASSES UNANIMOUSLY.

IS THERE ANY DO ANYBODY ELSE HAVE ANY FUTURE SURPRISES OR ANYTHING ELSE YOU WOULD LIKE TO DO? NO, MAN, YOU COULDN'T WAIT FOR MR. KARAFFA TO COME BACK TO TO THROW THAT AT HIM.

ALL RIGHT, WELL, IF THERE'S NOTHING ELSE, GENTLEMEN, I APPRECIATE YOU ALL. YOU GUYS HAVE BEEN COMING OUT HERE THAT FOR THE LAST PAST WHAT IS WHAT ARE WE IN THE SIX, SIX MONTH? SO FOR SIX MONTHS, I MEAN, THIS I'VE, I'VE SEEN THIS BOARD.

THE MEMBERS JUST JUST COME IN. YOU GUYS HAVE CAME AND YOU'VE DONE WHAT YOU HAD TO DO AND I REALLY APPRECIATE THAT.

SO THANK YOU. MEETING IS ADJOURNED. THANK YOU.

THANK YOU.

* This transcript was compiled from uncorrected Closed Captioning.