HomeMy WebLinkAboutTownhome Owners Ass. letter SE No. 2016-02Ocean Garden Townhome Owners Association
P O Box 137
Cape Canaveral, FL 32920
February 9, 2016
City of Cape Canaveral
Community Development Department
c/o David Dickey, Director
110 Polk Avenue
P O Box 326
Cape Canaveral, FL 32920-0326
Re: Special Exception Request No. 2016-02
Matthew Olenick, Owner - 110 8 112 Ocean Garden Lane
Dear Mr. Dickey
We are writing on behalf of the Ocean Garden Townhome Owners Association
and all of the residents of our community on the above referenced matter.
If our understanding of the Request is correct, Mr. Olenick is asking that an
Exception be made allowing for the construction of a single-family home in a C-
1 (commercial zoning district) using standards associated with an R-2 district.
Based on paragraph two being correct, we believe it is imperative for the City of
Cape Canaveral as well as the potential buyer and future builder of the
property to understand that our community's Declaration of Restrictions and
Protective Covenants for Ocean Gardens Townhome Owners Association has
specific requirements that require our Board of Directors' approval:
ARTICLE VI
GENERAL RESTRICTIVE COVENANTS
APPLICABILITY: Provisions of this article shall be applicable to .11 lots situated within the Properties.
2. LAND USE, No lot shall be used except for residential purposes and for storage of Association equipment
Temporary uses for model home, parking lots, and/or sales office shall be permitted until Developer has sold all lots.
ARCHITECTURAL CONTROL' No building, wall,fence, or other structure or improvement of any nature shall be erected, placed,
or altered on any lot until the construction plans and specifications and a plan showing the location of the structure and
landscaping shall have been approved by the Board of Directors of the Association. Each building, wall, fence, or other
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structural improvement of any nature, together with the landscaping shall be erected, place or altered upon the premises in
accordance with the plans and specifications and plot plan, or any of them, may be based on any ground, including purely
aesthetic grounds, which in the sole and uncontrolled discretion of the Board of directors seems sufficient. Any change in the
estenor appearance of any building, wall, fence, or other landscaping shall be deemed an alteration requiring approval. The
Board of directors shall have the power to promued, such rules and regulations as It deems necessary to carry art the
provisions and intern of this paragraph.
In reading Attachment #3 -Special Exception Worksheet and Staff Analysis,
there is no mention about compliance with our Townhome Owners Association
governing documents. We ask that all parties involved comply with these rules
and regulations when writing analyses and making decisions regarding these
lots.
NOTE: Just before mailing this letter, I received an email and telephone call from
Mr. Chris Sells. We have discussed our Association's Architectural requirements,
as well as the fact that his current design/plans presented at the 1/27/16
meeting, do not meet the Association's requirements.
Respectfully Submitted,
Ocean Gardens Townhome Owners Association
Board of Directors
X ---
Susan Nassoiy
President
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