Subject:
Title
TCLM, INC. (Aaron D. Lyons) is requesting a CUP for outside consumption of alcohol (26Z00039) (Tax Account 2301416) (District 1)
End
Fiscal Impact:
None
Dept/Office:
Planning and Development
Requested Action:
Recommendation
It is requested that the Planning and Zoning Board conduct a public hearing to consider a CUP (Conditional Use Permit) for outside consumption of alcohol in BU-1 (General Retail Commercial) zoning classification.
End
Summary Explanation and Background:
The applicant’s request is for a conditional use permit, pursuant to Section 62-1906, Brevard County Code, to allow the outside consumption of alcohol for patrons of Pinto’s Lounge on an adjoining outdoor deck area located on the north side of the building and is approximately 1,000 square feet as depicted on the attached survey. The application states the outdoor area is not for additional capacity or seating, but rather as an amenity for existing patrons to step outside. The current approval for a 4COP (full liquor, beer and wine) was approved by the Board on July 23, 1991, under zoning action Z-8806. The applicant has been operating Pinto’s Lounge since 2000; however, the establishment of the bar appears to predate the prior owner, RLJC, Inc., who took ownership in 1990 based on the best available historical records provided by the Brevard County Property Appraiser Office (BCPAO).
The current Conditional Use Permit (CUP) covers the indoor area of the bar at 6,770 square feet. The CUP request by the applicant will expand the footprint by 1,160 square feet for the outdoor deck bringing the new total square footage to 7,930 for the expanded on-premises consumption of alcohol.
The applicant currently has an open code enforcement case, 26CE-00339, for the expanded alcohol consumption to an outside deck seating area on the north side of the building, which is not permitted by the current CUP. Approval of this request may partially cure the violations (though further steps on the part of the applicant are required).
In accordance with Section 62-1901(c)(1), the Planning and Zoning Board and the Board of County Commissioners shall consider the factors specified in Section 62-1151(c) and determine whether the applicable general standards are satisfied. Section 62-1901(c)(1)(b) specifically requires consideration of compatibility with adjacent and nearby properties, including parking availability.
Section 62-1901(c)(2)(j) further requires applicants proposing conditional uses within existing structures to provide competent, substantial evidence demonstrating that actual or anticipated parking demand will not exceed the parking approved as part of the site plan under applicable County standards.
Pursuant to Section 62-3206(d)(29), the proposed use of the existing 1,160-square-foot outdoor deck for seating would require 12 additional parking spaces. The property currently accommodates parking for the existing bar/lounge, motel, and real estate office. However, staff has determined that six of the existing parking spaces, which back directly onto U.S. Highway 1, would need to be eliminated or reconfigured to comply with applicable site development requirements should the site plan requirement be triggered (for example, the additional seating on the patio would trigger a site plan requirement).
As a result, the proposed expansion, including using the patio in question for seating and bar service, would require the applicant to accommodate 18 additional parking spaces to maintain adequate parking for all existing uses and the expanded area. The necessary site modifications would also be subject to applicable parking, access, circulation, and stormwater management requirements.
The Board should consider whether the applicant has provided sufficient evidence demonstrating that the property can accommodate the additional parking and necessary site improvements in accordance with applicable County standards.
However, in determining whether the requested CUP for expansion of the On-Premises Consumption of Alcohol is appropriate, the Board may consider imposing a condition prohibiting outdoor seating. Section 62-1901(c)(1)(b) requires consideration of compatibility with adjacent and nearby properties, including parking availability. Pursuant to Section 62-1906(5), Brevard County Code, “When deemed appropriate, as based upon circumstances revealed through the general and specific standards of review set forth in this division, the Board shall have the option of imposing operational requirements upon an establishment approved for a conditional use for on-premises consumption of alcoholic beverages. Requirements may include, but are not limited to, the following: maximum number of patrons; hours of operation; limitations upon outdoor seating and service of alcoholic beverages; limitations upon outside music and/or public address systems; additional buffering requirements; additional parking requirements; internal floor plan arrangement; or other specific restrictions based upon special neighborhood considerations. Additional requirements shall not exceed the limits of regulatory authority granted to local governments in the State Beverage Law, F.S. § 562.45 [emphasis added].” As discussed above, use of the outdoor area for seating would generate additional parking requirements that the applicant has not demonstrated can be accommodated on the site in compliance with applicable County standards.
A two-fold condition prohibiting outdoor seating and no outdoor service of alcohol on the patio would avoid the additional parking demand associated with the outdoor seating area and address the identified conflict with the parking considerations of Section 62-1901(c)(1)(b). The applicant has indicated that if the Board recommends such a condition, the applicant would agree to the limitation.
As part of the CUP, the establishment will have to adhere to Section 62-2271, regarding noise, which states: No person shall produce, cause to be produced or allow to be produced, by any means, any sound within private or public property, including a right-of-way, which sound exceeds the applicable sound level limits set forth in Chapter 46, Article IV of this Code in violation of such article, constitutes a noise disturbance in violation of such article, or is prohibited under Section 46-130. The applicant is placed on notice that approval of the CUP does not vest them from applying noise standards found in Section 62-2771 and Chapter 46, Article IV of Brevard County Code.
North of the subject property is a 1.26-acre parcel, developed with mixed use commercial that includes a motel, small appliance service shop and a single-family residence, zoned BU-1 with CC FLU designation. South of the subject property is one parcel, 0.7 acres, developed with a daycare, zoned BU-1 with CC FLU designation. East of the subject property are two (2) parcels: One is an 8.0-acre parcel, developed with two (2) single-family residences. The second parcel is 0.64 acres, developed with a single-family residence. Both parcels have RU-1-11 zoning classification with RES 15 FLU designation. West of the subject property is Highway 1, a state-maintained right-of-way. Across Highway 1, there is a 21.94-acre property developed as an appliance store, with BU-1 and PIP zoning classification and PI FLU designation.
The Board should consider (1) the compatibility of the request by the applicant to expand a Conditional Use Permit (CUP) for Alcoholic Beverages for On-Premises Consumption to include the outside deck in conjunction with the inside the bar with the adjacent properties. (2) The Board should consider the parking constraint of the property and the applicant’s compliance/non-compliance of current Code Enforcement actions related to the bar in conjunction with the request by the applicant.
In determining whether the requested CUP for expansion of the On-Premises Consumption of Alcohol is appropriate, the Board may a condition prohibiting outdoor seating and no outdoor alcohol service, in order to avoid the additional parking demand associated with the outdoor seating area and address the identified conflict with the parking considerations of Section 62-1901(c)(1)(b). The applicant has indicated that, if the Board recommends such a condition, the applicant would agree to the limitation.
The Board may also consider whether the imposition of additional operating requirements including, but not limited to, setting the maximum number of patrons; hours of operation; limitations upon outside music and/or public address systems; additional buffering requirements; additional parking requirements; or internal floor plan arrangement are appropriate under the circumstances.
The Board of County Commissioners will consider the request Thursday, December 10, 2026, beginning at 5:00 p.m. The meeting will be held at the Brevard County Government Center, 2725 Judge Fran Jamieson Way, Building C, Commission Room, Viera, Florida.
Clerk to the Board Instructions:
None