HomeMy WebLinkAboutRE young lot split (2)Good afternoon Bill. In response to your questions, the following is
provided:
1. Lot Split vs. Subdivision – your application is being
processed as a lot split, not a subdivision. As I explained in a
previous email, the information required as part of the lot split
process is the same as that required for the platting process. See Sec.
98-66(c)(2) of the City Code. The only difference between the two
processes is that the lot split approval requires only one hearing
before the City Council whereas a plat approval requires two.
2. Lot Split approval – as I indicated in my June 19th email,
City staff does not approve/deny a request of this nature. That is the
role of the Planning & Zoning Board and the City Council. Staff’s role
is to determine that the application is complete and then present it to
the afore-mentioned bodies for action. Currently, your lot-split
application remains incomplete due to required easement documents.
I will ask Patsy to respond to your question about the remaining
balance of your escrow account when she returns to the office on
Wednesday. I hope this email was responsive to your questions. Let me
know if I can provide you with anything else. Dave
From: Billyoung101 [mailto:billyoung101@aol.com]
Sent: Friday, June 19, 2015 4:13 PM
To: David Dickey
Cc: Kim Kopp; Jeff Ratliff
Subject: Re: young lot split
Dave
Thank you for responding to my email. I guess we will have to agree to
disagree since it is still my position that the lot meets the
requirement that utilities are available and all that is needed is a
tie-in which apparently violates a city code (which I have yet to find).
At this point, we don't feel that a utility easement through Mrs.
Praetorious property should be required in order to get approval.
Therefore I have just two more matters that I am requesting that you
respond to:
* Aside from the review and approval process, please explain the
difference between the term "lot split" and the term "subdivision".
Again I don't understand why our application is being considered a
subdivision and not a lot split. Please explain.
* Since we do not plan to get a separate utility easement, I assume
you will be disapproving our application for a lot split. If that is
the case please send me an email stating those intentions with specific
reasons why it is being rejected. Also please let me know the refund
amount remaining in our application fee.
We will likely be making a legal challenge once we get your formal
rejection.
Thank you,
Bill
-----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> >;
Jeff Ratliff <J.Ratliff@cityofcapecanaveral.org
<mailto:J.Ratliff@cityofcapecanaveral.org> >
Sent: Fri, Jun 19, 2015 10:46 am
Subject: RE: young lot split
Good morning Bill. I discussed your email with Kim Koop, the Asst.
City Attorney, Tuesday evening at the Council meeting and we both feel
that your questions have previously been answered by either herself or
Jeff Ratliff, the City’s Public Works Director. I would once again
refer you to Ms. Koop’s emails dated May 11, 2015 and June 3, 2015. Her
correspondence provides very clear responses (and Code references) to
your questions. As a courtesy, I have attached these emails for your
review.
To be clear, the City’s position is that a separate connection to the
City wastewater system is required for each building. As Ms. Koop
advised you in her May 11, 2015 email, please contact Jeff Ratliff if
you have further technical questions. He is the point of contact on the
City staff for questions of this nature. If needed, he will work with
Ms. Koop to provide you with guidance.
Regarding your application, staff does not approve or deny a lot split
request. Its role is to make sure that the application and required
documents are sufficient and meet the minimum standards established in
the Code. Once sufficient, it will be scheduled for and considered by
the Planning & Zoning Board.
Please let me know if there is anything else I can do. Thanks.
Dave
From: Billyoung101 [mailto:billyoung101@aol.com
<mailto:billyoung101@aol.com?> ]
Sent: Thursday, June 18, 2015 8:57 PM
To: David Dickey
Subject: young lot split
Dave
On Monday 6/15 I sent you an email requesting, for the fourth time,
your response to my previous emails regarding the ordinance prohibiting
a tie-in to an existing utility line.
I continue to be puzzled as to why you are not responding to my
emails. Again, for the fifth time, I am asking for an answer from your
department to my simple question: Where in the Cape Canaveral building
code does it prohibit a tie-in to an existing utility line for a lot
split?
As a courtesy to you, I am giving you notice that if you continue to
ignore my emails requesting a simple response to a simple question, then
my next emails will be to Todd, Rocky and the City Manager
(collectively) requesting a meeting with them to get an answer to my
question that you seem to be avoiding. A copy will also be sent to
members of the City Council.
Please respond by noon on Friday 6/19. If I do not get a response from
you by then, I will be forced to go over your head in order to get a
response.
As stated in my earlier email, if our application has already been
declined then please notify me of your decision by stating specific
reasons for the rejection. I will then contact my attorney and give him
copies of your ( and Ms. Kopp's) emails as well as relate the history of
the City's bowing to special interest individuals living ( or having
lived) on Holman Rd. who for some reason want no one else to build there
regardless of the fact that there are no violations ordinances or zoning
restrictions.
I feel confident any attorney that I chose will jump on this case.
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
Attached Message
From
Kim Kopp <kkopp@orlandolaw.net <mailto:kkopp@orlandolaw.net> >
To
Billyoung101 <billyoung101@aol.com <mailto:billyoung101@aol.com> >
Cc
David Dickey <D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >; Jeff Ratliff
<J.Ratliff@cityofcapecanaveral.org
<mailto:J.Ratliff@cityofcapecanaveral.org> >
Subject
RE: young lot split
Date
Mon, 11 May 2015 14:41:33 +0000
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
<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
Attached Message
From
Kim Kopp <kkopp@orlandolaw.net <mailto:kkopp@orlandolaw.net> >
To
Billyoung101 (billyoung101@aol.com <mailto:billyoung101@aol.com> )
<billyoung101@aol.com <mailto:billyoung101@aol.com> >
Cc
David Dickey <D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >; Jeff Ratliff
<J.Ratliff@cityofcapecanaveral.org
<mailto:J.Ratliff@cityofcapecanaveral.org> >
Subject
FW: young lot split
Date
Wed, 3 Jun 2015 13:37:04 +0000
Good 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>
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: Kim Kopp
Sent: Monday, May 11, 2015 10:42 AM
To: 'Billyoung101'
Cc: D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> ; Jeff Ratliff
(J.Ratliff@cityofcapecanaveral.org
<mailto: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
<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
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
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