pat copeland | sun
This seating is in the main area of the Tiki Bar with the
bar. In the right rear of the photo is the bar added by the owners.
HOLMES BEACH – When Nicole Heslop left the city commission work session on Dec. 12, she felt confident that things were working out for her business, Barefoot Tiki Bar and Café at 5704 Marina Drive.
Previously, Police Chief Bill Tokajer had questioned whether a mobile kitchen she had on the site was legal. However, that evening, commissioners told Heslop to file a site plan for the kitchen after the city attorney gave two options in the code under which it could be allowed.
“I took the site plan in to city hall after the meeting, like they told me to,” Heslop explained. “They said Tom (Building Official Tom O’Brien) could not meet with me. I tried to make an appointment, but they said he couldn’t meet with me until he completed his review.”
Then on Dec. 17, Heslop received a notice of non-compliance from Tokajer that ordered her to shut down the mobile kitchen and told her she must comply with a number of requirements for food preparation and outdoor dining.
In addition, on Dec. 19, O’Brien sent a memo to other city officials stating, “Our preliminary review of the issue involved with this case indicates that extensive research into the permit history and expanding uses will be required. Such an investigation will take several weeks at the minimum.
“It will also require specific review and approval with stipulations by the city commission because the uses differ greatly for those permitted by the land development code.”
Assembly occupancy
O’Brien said because Heslop’s site plan includes more than 100 seats, the business would be classified as an “assembly occupancy with an entirely different set of requirements.” He said Heslop would have to provide “very detailed drawings addressing each area of required code compliance.”
In O’Brien’s absence due to illness last week, Plans Examiner David Greene said, “Assembly occupancy is much more strict, and all restaurants over 50 seats must comply. Most of them hire a design professional to tell them what they need.”
Unfortunately, Heslop was never sent O’Brien’s memo and when this was pointed out to Greene, he explained, “The city has been extremely busy through the close of the year. We will respond to her in writing when we have time to research all legally permitted activities on the premises with consideration for the owners’ actual use.”
Meanwhile Heslop’s partner, Jon Westergard, said, “We’re still a garden center. We still have pottery and plants, and we’ll be bringing back seasonal produce in a week or two.”
The pair opened the business as a garden center in 1995 and then in 2009, when the recession set in, they added a flea market with tiki huts.
“The only changes we made were to add a bar and the food trailer,” Heslop added. “We got a permit for the bar and Tom came and inspected it and approved it.
“The seating has always been there, and we had limited food and a coffee bar with the flea market. If they say we have too many seats, we’ll pull some out.”
“If people who live here want us to stay, they should tell their commissioners; if they don’t, they should tell them. We’re at the mercy of the city. We can’t afford an attorney or a design professional.”
Greene said the couple must define the uses and submit a site plan and a life safety plan.
Making noise
In addition, Heslop and Westergard have been working with the city regarding the proposed noise ordinance. The couple has made its bands playing in the Tiki Bar lower their volumes, spent $10,000 on an acoustic block and consistently check decibel levels.
“Our city commission has been very open and done a good job with the noise ordinance,” Heslop said. “Mary (Human Resources Specialist Mary Buonagura) and the police chief have done a great job researching local ordinances and what they allow and don’t allow.
“They’ve done nothing but work with us. What is acceptable for the community is a good noise ordinance, but if people want amplified outdoor music, they need to give the commissioners their opinion.”
Heslop said she visited several Flotilla Drive neighbors who signed a petition stating, “Our concern here is not to address general noise that arises in the city, but specifically the outdoor, amplified music played at the Tiki Hut.”
Heslop pointed out, “They said they were not bothered by our music but they are done with the music in the park (the city field adjacent to city hall that hosts numerous festivals with rock music).
“I told one woman to call me if it bothers her and she did and I turned down the music. We learned something from this – if there’s a problem, lets fix it.”
City officials continue to test decibel levels in the city to determine what is acceptable for the city’s new noise ordinance.