HomeMy WebLinkAboutFW young lot splitGood morning Mr. Young,
Staff has brought to my attention that you have asked follow-up
questions regarding the Code provisions related to utility tie ins. I
have previously provided you with this information and am re-sending
you the information here, for your convenience. Please see below
correspondence. As noted below, section 78-38 of the City Code requires
separate connections and payments for each building. Staff makes
determinations as to whether adequate connections/facilities can be
provided pursuant to this provision and pursuant to all of the general
requirements set forth in Chapter 78, Chapter 98, and all other relevant
provisions of the City Code. As I previously mentioned, the correct
contact at the City if you have technical questions about utilities is
Jeff Ratliff. Mr. Ratliff previously gave you guidance on this issue
related to the problems associated with the particular tie-ins you
inquired about at our meeting several weeks ago at the City, and I’m
sure he would be happy to further discuss technical requirements related
to utilities if you require additional information.
It is my understanding that you have already received copies of the
relevant portions of City Code, but if this is not the case and you
require the information, please let staff know and they will provide you
with same.
I hope this information is helpful. Have a great day.
Kimberly Romano Kopp, Esq., LEED AP
Brown, Garganese, Weiss & D’Agresta
Senior Attorney
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802-2873
Phone (407) 425-9566
Fax (407) 425-9596
Kissimmee (321) 402-0144
Cocoa (866) 425-9566
Website: www.orlandolaw.net <http://www.orlandolaw.net/>
Email: kkopp@orlandolaw.net <mailto:kkopp@orlandolaw.net>
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From: Kim Kopp
Sent: Monday, May 11, 2015 10:42 AM
To: 'Billyoung101'
Cc: D.Dickey@cityofcapecanaveral.org; Jeff Ratliff
(J.Ratliff@cityofcapecanaveral.org)
Subject: RE: young lot split
Good morning Mr. Young,
I hope to find you well. It was a pleasure meeting with you
previously, and I hope you have received my prior correspondence
providing a response to questions you have had with your application and
legal sufficiency thereof. Additionally, it has been my understanding
that you have been working with staff on outstanding issues related to
your application since that time. As staff discussed with you last
week, the City Code requires the provision of utilities and associated
easements in connection with the subdivision of land within the City.
It is my understanding that you have requested written documentation in
this regard. Chapter 98 of the City Code sets forth the City’s
requirements related to subdivisions.
Please note the following Code provisions (italicized for emphasis
here):
Subdivision easements across lots or centered on rear or side lot lines
shall be provided for water, sewage and drainage where necessary and
shall be at least ten feet wide. Section 98-108(a), City Code.
The subdivision shall be provided with an adequate potable water system
designed by a registered professional engineer, approved by the city
engineer and, as appropriate, the City of Cocoa utilities department and
the state department of environmental protection or its successor
departments/agencies. The system shall be so sized as to provide
adequate fire protection in compliance with the recommendations of the
National Board of Fire Underwriters, for the initial and final phases of
the subdivision. Section 98-112, City Code.
The subdivision shall be provided with a sanitary sewer collection
system, including interceptor sewers, lift stations and such
appurtenances as to deliver the sewage to the sanitary sewer system of
the city at a convenient point of connection. The sanitary sewer system
shall be designed by a registered professional engineer, approved by the
city engineer and as appropriate, the state department of environmental
protection. Section 98-113, City Code.
Additionally, it has come to my attention that you may have additional,
technical questions about the separation of utility lines. Please note
section 78-38 of the City Code which states “Each residential building,
whether it occupies one or more lots and whether it shall occupy any lot
or parcel jointly with any other residential building, shall be
considered a separate unit for the payment of the sewage disposal fees
and separate connections will be required for each such building.” I
hope this information is helpful to you. However, if you have
additional technical questions, please contact Jeff Ratliff at the City.
Jeff will work with me to the extent needed to address any outstanding
legal issues, if there are any such issues.
I understand you also have questions regarding your rights related to
the easement you have on the Marino property. Based on our review, the
purpose of that particular easement is for access to your property.
However, the City is not in a position to provide you with legal advice.
Please consult an independent attorney if you have questions regarding
your existing legal rights or interests in property. The City is doing
its best to assist you with your application, but as you are aware, I
represent the City and cannot provide you with legal advice.
Mr. Young, the City of Cape Canaveral wishes to provide you and all
City residents with excellent customer service. We hope that this
additional information is helpful to you.
Thank you and have a wonderful day.
Kimberly Romano Kopp, Esq., LEED AP
Brown, Garganese, Weiss & D’Agresta
Senior Attorney
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802-2873
Phone (407) 425-9566
Fax (407) 425-9596
Kissimmee (321) 402-0144
Cocoa (866) 425-9566
Website: www.orlandolaw.net <http://www.orlandolaw.net/>
Email: kkopp@orlandolaw.net <mailto:kkopp@orlandolaw.net>
Any incoming e-mail reply to this communication will be electronically
filtered for "spam" and/or "viruses." That filtering process may result
in such reply being quarantined (i.e., potentially not received at our
site at all) and/or delayed in reaching us. For that reason, we may not
receive your reply and/or we may not receive it in a timely manner.
Accordingly, you should consider sending communications to us which are
particularly important or time-sensitive by means other than e-mail.
Confidentiality Note: This e-mail, and any attachment to it, contains
privileged and confidential information intended only for the use of the
individual(s) or entity named on the e-mail. If the reader of this
e-mail is not the intended recipient, or the employee or agent
responsible for delivering it to the intended recipient, you are hereby
notified that reading it is strictly prohibited. If you have received
this e-mail in error, please immediately return it to the sender and
delete it from your system. Thank you.
From: Billyoung101 [mailto:billyoung101@aol.com]
Sent: Tuesday, April 21, 2015 8:06 PM
To: D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org>
Cc: Kim Kopp
Subject: Re: young lot split
Yes. Definately! We want to go before P/Z in May based on having met
all the guidelines for a lot split. We will face the issue of
utilities if we ever apply for a building permit. Please urge Kim to let
you know immediately if we are not in conformance with the guidelines
for a lot split. No last minute surprises.
-----Original Message-----
From: David Dickey <D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >
To: Billyoung101 <billyoung101@aol.com <mailto:billyoung101@aol.com> >
Cc: Kim Kopp <kkopp@orlandolaw.net <mailto:kkopp@orlandolaw.net> >
Sent: Tue, Apr 21, 2015 1:37 pm
Subject: RE: young lot split
Hi Bill. Kim is in the process of reviewing the Code to determine if
the provision of utilities is required to be addressed as part of the
lot split.
If Kim confirms that the provision of utilities is not a requirement of
a lot split approval, are you saying that you would like the request to
be considered by the P&Z in May?
From: Billyoung101 [mailto:billyoung101@aol.com
<mailto:billyoung101@aol.com?> ]
Sent: Tuesday, April 21, 2015 1:21 PM
To: David Dickey
Cc: bs405@aol.com <mailto:bs405@aol.com>
Subject: young lot split
Dave,
It is my understanding from our meeting last Friday that access to
utilities is not a requirement for a lot split but it will become an
issue when or if I should want to build a home on the new lot. I am
sending this to make sure we are all in agreement and ask that you let
me know immediately if there are any other issues that need addressing.
I am trying to avoid being informed late of a problem making it
necessary for another delay in getting this matter on the agenda for the
May P/Z meeting.
Thank you,
Bill
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written
communication created or received by the City of Cape Canaveral
officials and employees will be made available to the public and/or
media upon request, unless otherwise exempt. Under Florida Law, email
addresses are public records. If you do not want your email address
released in response to a public-records request, do not send electronic
email to this entity. Instead, contact our office by phone or in writing