Times Square business granted special permit
The Fort Myers Beach Town Council unanimously granted a special exception to La Ola Restaurant in the downtown zoning district to increase outdoor seating and permit live music at its 1035 Estero Blvd. location. The action took place during a public hearing in Town Hall Monday evening.
The resolution allows the applicant to revise the existing special exception that controls the uses on the property through another special exception. The approval involves five recommended conditions and certain findings and conclusions to be applicable, but does not propose usage to extend further into the Town right-of-way.
The conditions include 1) extended seating area to not exceed current building, fire and life safety codes and will be re-evaluated on an annual basis for compliance; 2) no bar, tables, chairs or speakers or any other item shall extend into the utility easement without written consent from the public utility or utilities entitled to utilize that easement; 3) amplified live music is permitted only between the hours of 3 to 9 p.m. on a 7-day-a-week basis and must comply at all times with applicable Town noise ordinances; 4) applicant must amend its business extension in Times Square agreement to reflect the changed site plan; and 5) certain prior conditions from the past special exception remain in effect.
“The policy precedent there does not allow the street performers to have amplified music except for background music. We were concerned by allowing amplification, we might be undermining the street performer program,” Community Development Director Walter Fluegel said to Council prior to approval. “We felt it was your policy determination to make.”
La Ola Owner Thomas List had requested an increase in the number of tables and chairs in the outside seating area of his restaurant due to no space for seating inside the establishment. His current setup was limited to 10 tables and 42 chairs in the prior resolution and has been increased in the existing plan with the addition of 6 high-top tables, three bars and 25 stools in the new resolution.
The approval also allows the applicant to provide amplified live music in that part of the pedestrian commercial area. Town staff had requested non-amplified (acoustic) live music so that there may be no conflict with the Town’s street performer program at the opposite end of Times Square. After discussion and a plea by the applicant, Council was convinced there would be no conflict.
“It should be fair for me, my wife and for our business because, on the back side, everyone has live music,” said List. “I talked to my neighbors and other business competitors and everyone is for it. (Times Square) is a very good tourist attraction. I think we should go back to the old Times Square times and make it a nice place.”
Councilwoman Jo List agreed with the applicant’s request for live amplified music.
“There is pre-recorded amplified music outside up and down this beach, so it’s really kind of an insult to the musicians. For people to fight so hard against live amplified music but (then be able to) blast pre-recorded amplified music is not right,” she said. “There are many amazing musicians that can play at a very decent level. You’d be very well entertained and helping to keep somebody who lives on this Beach in business and paying them instead of listening to pre-recorded music.”