Loading...
HomeMy WebLinkAboutRE 405 Holman Road Bill and Sandy Young - New Ordinance 04-2009 (3)Bennett, Thank you for your prompt review and response. Thank you for also clarifying the permit situation. We were unaware that any permits had been issued for construction at the residence. That explains the concrete trucks and other activity at their residence. Our primary concern is of course with the development of the vacant second section of their parcel. Based on this input, it is our understanding that no permits have been issued for any new subdivided lot development and there should therefore be no construction taking place in that regard. Thank you for your assistance. Thanks, Charlie Charles Hartley 399 Holman Road Cape Canaveral, FL 32920 Res 321-783-8367 Wk 321-783-9071 Fax 321-783-9073 Cell 321-431-5704 charles.hartley@xlgroup.com ________________________________ From: Bennett Boucher [mailto:boucher-cape@cfl.rr.com] Sent: Tuesday, November 17, 2009 1:36 PM To: Hartley Charles; 'Earl McMillin' Cc: 'Todd Morley'; apperson-cape@cfl.rr.com; Bob Hoog; Buzz Petsos; C. Shannon Roberts; Rocky Randels; Walsh Betty Subject: RE: 405 Holman Road, Bill and Sandy Young - New Ordinance 04-2009 Good Afternoon Charlie, Staff reviewed the issues you have raised and this is what has occurred. Mr. Young has a permit to add a second floor addition to his existing single family residence. They are also constructing a patio for this unit. Mr. Young pulled up some old palm tree stumps, according to the Building Office no new vegetation was taken down. Please call or stop by the office if you have any questions. Bennett Boucher City Manager City of Cape Canaveral 105 Polk Avenue Cape Canaveral, FL 32920 Phone (321) 868-1230 Fax (321) 868-1224 Web site - www.cityofcapecanaveral.org From: Rocky Randels [mailto:rocky-cape@cfl.rr.com] Sent: Monday, November 16, 2009 7:00 PM To: 'Hartley Charles' Cc: Bennett Boucher Subject: RE: 405 Holman Road, Bill and Sandy Young - New Ordinance 04-2009 Charles and Karen, I read your message loud and clear; and have taken the liberty to forward this information to other members of the Council, so they are aware of the residents on Holman Road’s desires. I do not know the status of the Young’s request but will ask our city manager to provide all council the same information so all of us are on the same knowledge level. Thank you for sharing this information. I will also ask that the same facts be presented to you so you may be aware of day by day transactions. Rocky Randels, Mayor From: Hartley Charles [mailto:Charles.Hartley@xlgroup.com] Sent: Monday, November 16, 2009 9:01 AM To: rocky-cape@cfl.rr.com Cc: brown-cape@cfl.rr.com; Earl McMillin Subject: FW: 405 Holman Road, Bill and Sandy Young - New Ordinance 04-2009 Mr. Mayor, You are familiar with the conditions at the end of Holman Road as you've visited the area regarding the prior changes to the manhole cover. I am alerting you to the my recent communications with the Planning & Development Dept. regarding Bill and Sandy Young's request to subdivide their property at 405 Holman Road. Mr. Brown has been courteous and helpful in sharing information concerning the new proposed Ordinance 04-2009. We appreciate the assistance and cooperation of Mr. Brown and his Department. There is not a single residence on Holman Road of whom I'm aware who is favorable to a subdivision at the end of Holman Alleyway and at the end of a ingress/egress easement. I interviewed many of them this weekend. This creates impositions for every resident of that community. Other than for those briefly mentioned in my email below, consider Gary and Carolyn Zajack, 333 Holman Road. They live in a historic school house, the original in Brevard County. It sits within 15 feet of the road. It has the historic and authentic quacker house style with a front porch canopy, the only one existing in Cape Canaveral. Our house, Barbara Smith's and the surrounding homes are built in an original hammock, one of the very few to exist in our City. It's on a dirt street, yes, and that's why we as residents moved there and want it preserved. It is Old Florida. There are gopher tortoises and indigo snakes in the remains of the hammock next to out house. A tortoise passed through our yard just a few weeks ago. The red breasted woodpecker once resided on the Young property. Those trees have since been removed to make their circular drive. The natural ecology of the area is being eroded. We want our community and way of lifestyle preserved and protected. We believe it is of historical significance to the City to do so. Expansion and subdividing is simply a way to increase saturation in low density R-1 Zones. It violates what was represented in the codes when we bought property in the community. It violates what was represented to us by the City when the Young's was denied their request to build townhouses on their property in 1995. Many of us on Holman Road were present in those meetings before the City, including Earl and Nancy McMillin and Karen and I. Nothing has changed since that time, except for staff within the City. There are those who remain on the Planning and Zoning Board who were involved in that and are perhaps aware of that history. Seemingly, the final decision on this new request to subdivide will be passed to a new staff who lacks the benefit of that prior experience and why it was rejected before, as well as the assurances that were provided that it would never be subdivided. As I understand the new Ordinance, the request to subdivide is reviewed and then goes directly to the City Council for approval. Our concern is that we were not formally notified of the Young's request or that the City had already begun the process of review, i. e, having a Fire Marshall inspect the area. By actions, the Young's seem to have the impression that this is a foregone conclusion. Why do they have that impression? They previously advertised that split lot for sale with the City's knowledge and acquiescence. It would appear that it has been implied to the Young's that this new Ordinance will be a favorable review process to expedite the subdivision approvals through the sole review of the Planning & Development Department. It was stated that this change is being initiated as the current process is antiquated and archaic. It is also a drastic departure from the present checks and balances regarding subdivision review and development. It potentially enables a structure for individual developer owners to setup an entire subdivision of separate split parcels without undergoing an overall planned development program review. This is similar to the problem the City ran into in granting Special Exceptions for residential development. That process was stopped as it ran into a direct collision with the Comprehensive Plan for community development as it was approving residential development in C1 Zones by Special Exception. This new Ordinance would enable Special Exceptions to be granted without public notice and review for the expansion of R1 low density communities. We ask that the City give careful consideration to not enable an expedited split lot review process that promotes and expands subdivisions in Cape Canaveral without giving timely notice to the affected resident Owners and for them to have an opportunity for an audience before the Planning and Development Department before it is submitted for final approval to the City Council. Such a process denies giving affected residents ample notice and the opportunity to collectively make known and voice their individual interests and rights, many of which might be unforeseen and unknown by the reviewing Department. This process removes the customary checks and balances within government for the protection of individual homeowner rights and interests. Thank you greatly for your interest, assistance and community service. It is greatly appreciated. Thanks, Charlie Charles & Karen Hartley 399 Holman Road Cape Canaveral, FL 32920 Res: 321-783-8367 Cell 321-431-5704 chartley@cfl.rr.com <mailto:chartley@cfl.rr.com> ________________________________ From: Hartley Charles Sent: Friday, November 13, 2009 4:36 PM To: brown-cape@cfl.rr.com Cc: Earl McMillin Subject: 403 Holman Road, Bill and Sandy Young Mr. Brown, Per our conversation of today, I am aware of certain activities that are taking place regarding the removal of underbrush, foliage and removal of palm tree trunks, etc. on the Young property. I presented pictures of that activity observed today. Per Mr. McMillan's recent letter to you, we are aware of the Young's interest and desire to split their lot into a subdivision. It is my understanding that the City has already taken action to have the area inspected by the Fire Marshall and there is an Ordinance to be voted upon in December to change the review process to a single review by your department. It is apparently a foregone conclusion that Ordinance will be approved. We are concerned that the Young's have the idea that the approval of the subdivision is imminent and apparent. They are taking private actions that appear suspicious to develop the parcel without approval and undergoing the usual permit process. We request that this not be allowed by the City. We also respectfully desire that the City consider our rights as residents and adjacent homeowners who are likely to be greatly impacted if the City grants approval for a subdivision for the Young's parcel. The alleyway known as Holman Road dead ends in front of our house at the beginning of the easement leading to the Young's and Vincent & Tammy Marino's properties behind us. All traffic flows through that avenue. The community garage and refuse pickup is in front of our house. The manhole is at the same location. The fire hydrant is in front of our house. Our sewage lateral line is at the lowest point in that manhole. The houses behind us use waste sump pumps to discharge to that manhole. We experienced one major sewage backup in our house years ago. To this day, we leave the cap off the lateral clean out which has occasionally discharged into our yard. The water supply and reuse water service connections are not on Holman Road but are in the easement to the Young and Marino's properties. The water main cover is presently broken as it has been broken by truck traffic. It has ugly posts in front of it now. The waste trucks have to back down Holman Road to pick up garbage. We see everybody's garbage cans and all the refuse from the homes behind us until it is picked up on Holman Road. We have to rake and clean it up occasionally as it gets disgusting. Point is, everything evolves and occurs around and through our property. Access vehicles have destroyed our corner post due to the narrow turn at the alleyway and the easement. We've had accidents at the dead-end of Holman Road. Service and other access vehicles use our drive during road blockages. There's no turnaround facilities at the dead-end. Turnaround is usually in our driveway. All the utility service work, i.e., phones, cable, transformer, etc., occurs in front of our house on Holman. Here's the main thing for new construction, all construction ingress and egress is on a 20 foot wide alleyway by super large flat bed trucks, concrete trucks and other supply vehicles. It creates an enormous amount of traffic and dust. The quality and condition of the road deteriorates. Once the subdivision is complete, the road activity does not cease. It reaches a lower but constant level as most homes have 2 to 4 cars, depending on the number of children. To subdivide under these circumstances is an inane notion. This is a low-density residential area at the end of an dead-end alleyway that intersects into a 20 foot wide ingress/egress easement that runs along the south boundary of our property. To subdivide under these conditions is inconsistent with the City's Comprehensive Plan and violates all manner of City Ordinances pertaining to subdivisions. They are too numerous to comment on in this email. I only respectfully submit that to grant a right to subdivide in this instance would demonstrate a means of granting broad special exceptions. This proposed change, not yet adopted, has already created activities and implied approval to the Young's. Thank you greatly for the courtesy of allowing me to speak with you and for your interest and consideration. It is greatly appreciated and welcomed. With kindest regards, Charlie Charles Hartley XL Insurance 102 Columbia Drive, Suite 207 Cape Canaveral, FL 32920 321-783-9071 Fax 321-783-9073 charles.hartley@xlgroup.com ________________________________ CONFIDENTIALITY: This communication, including attachments, is for the exclusive use of the addressee(s) and may contain proprietary, confidential or privileged information. If you are not the intended recipient, any use, copying, disclosure, or distribution or the taking of any action in reliance upon this information is strictly prohibited. If you are not the intended recipient, please notify the sender immediately and delete this communication and destroy all copies. ________________________________ CONFIDENTIALITY: This communication, including attachments, is for the exclusive use of the addressee(s) and may contain proprietary, confidential or privileged information. If you are not the intended recipient, any use, copying, disclosure, or distribution or the taking of any action in reliance upon this information is strictly prohibited. If you are not the intended recipient, please notify the sender immediately and delete this communication and destroy all copies. ected resident Owners and for them to have an opportunity for an audience before the Planning and Development Department before it is submitted for final approval to the City Council. Such a process denies giving affected residents ample notice and the opportunity to collectively make known and voice their individual interests and rights, many of which might be unforeseen and unknown by the reviewing Department. This process removes the customary checks and balances within government for the protection of individual homeowner rights and interests. Thank you greatly for your interest, assistance and community service. It is greatly appreciated. Thanks, Charlie Charles & Karen Hartley 399 Holman Road Cape Canaveral, FL 32920 Res: 321-783-8367 Cell 321-431-5704 chartley@cfl.rr.com <mailto:chartley@cfl.rr.com> ________________________________ From: Hartley Charles Sent: Friday, November 13, 2009 4:36 PM To: brown-cape@cfl.rr.com Cc: Earl McMillin Subject: 403 Holman Road, Bill and Sandy Young Mr. Brown, Per our conversation of today, I am aware of certain activities that are taking place regarding the removal of underbrush, foliage and removal of palm tree trunks, etc. on the Young property. I presented pictures of that activity observed today. Per Mr. McMillan's recent letter to you, we are aware of the Young's interest and desire to split their lot into a subdivision. It is my understanding that the City has already taken action to have the area inspected by the Fire Marshall and there is an Ordinance to be voted upon in December to change the review process to a single review by your department. It is apparently a foregone conclusion that Ordinance will be approved. We are concerned that the Young's have the idea that the approval of the subdivision is imminent and apparent. They are taking private actions that appear suspicious to develop the parcel without approval and undergoing the usual permit process. We request that this not be allowed by the City. We also respectfully desire that the City consider our rights as residents and adjacent homeowners who are likely to be greatly impacted if the City grants approval for a subdivision for the Young's parcel. The alleyway known as Holman Road dead ends in front of our house at the beginning of the easement leading to the Young's and Vincent & Tammy Marino's properties behind us. All traffic flows through that avenue. The community garage and refuse pickup is in front of our house. The manhole is at the same location. The fire hydrant is in front of our house. Our sewage lateral line is at the lowest point in that manhole. The houses behind us use waste sump pumps to discharge to that manhole. We experienced one major sewage backup in our house years ago. To this day, we leave the cap off the lateral clean out which has occasionally discharged into our yard. The water supply and reuse water service connections are not on Holman Road but are in the easement to the Young and Marino's properties. The water main cover is presently broken as it has been broken by truck traffic. It has ugly posts in front of it now. The waste trucks have to back down Holman Road to pick up garbage. We see everybody's garbage cans and all the refuse from the homes behind us until it is picked up on Holman Road. We have to rake and clean it up occasionally as it gets disgusting. Point is, everything evolves and occurs around and through our property. Access vehicles have destroyed our corner post due to the narrow turn at the alleyway and the easement. We've had accidents at the dead-end of Holman Road. Service and other access vehicles use our drive during road blockages. There's no turnaround facilities at the dead-end. Turnaround is usually in our driveway. All the utility service work, i.e., phones, cable, transformer, etc., occurs in front of our house on Holman. Here's the main thing for new construction, all construction ingress and egress is on a 20 foot wide alleyway by super large flat bed trucks, concrete trucks and other supply vehicles. It creates an enormous amount of traffic and dust. The quality and condition of the road deteriorates. Once the subdivision is complete, the road activity does not cease. It reaches a lower but constant level as most homes have 2 to 4 cars, depending on the number of children. To subdivide under these circumstances is an inane notion. This is a low-density residential area at the end of an dead-end alleyway that intersects into a 20 foot wide ingress/egress easement that runs along the south boundary of our property. To subdivide under these conditions is inconsistent with the City's Comprehensive Plan and violates all manner of City Ordinances pertaining to subdivisions. They are too numerous to comment on in this email. I only respectfully submit that to grant a right to subdivide in this instance would demonstrate a means of granting broad special exceptions. This proposed change, not yet adopted, has already created activities and implied approval to the Young's. Thank you greatly for the courtesy of allowing me to speak with you and for your interest and consideration. It is greatly appreciated and welcomed. With kindest regards, Charlie Charles Hartley XL Insurance 102 Columbia Drive, Suite 207 Cape Canaveral, FL 32920 321-783-9071 Fax 321-783-9073 charles.hartley@xlgroup.com ________________________________ CONFIDENTIALITY: This communication, including attachments, is for the exclusive use of the addressee(s) and may contain proprietary, confidential or privileged information. If you are not the intended recipient, any use, copying, disclosure, or distribution or the taking of any action in reliance upon this information is strictly prohibited. If you are not the intended recipient, please notify the sender immediately and delete this communication and destroy all copies. ________________________________ CONFIDENTIALITY: This communication, including attachments, is for the exclusive use of the addressee(s) and may contain proprietary, confidential or privileged information. If you are not the intended recipient, any use, copying, disclosure, or distribution or the taking of any action in reliance upon this information is strictly prohibited. If you are not the intended recipient, please notify the sender immediately and delete this communication and destroy all copies.