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HomeMy WebLinkAboutPacket 06-01-2004 Special }54pCE q�O y 9 City ®£ Cape Canaveral qYY OF CArE CANAVERAL CITY COUNCIL SPECIAL MEETING CITY HALL ANNEX 111 Polk Avenue, Cape Canaveral, Florida TUESDAY June 1, 2004 5:00 P.M. AGENDA CALL TO ORDER: ROLL CALL: PUBLIC HEARING 1. Motion to Approve: Vested Rights Application Submitted by Smith Construction and Development, Inc., Property Owner for Madison Cay Townhomes Project. ADJOURNMENT: Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting 105 Polk Avenue • Post Office Box 326 • Cape Canaveral, FL 32920-0326 Telephone: (321) 868-1220 • SUNCOM: 982-1220 • FAX: (321) 868-1248 www.myflorida.com/cape • e-mail: ccapecanaveral@cfl.rr.com anrr ewmwra May 14, 2004 VIA E-Mail Florida Today P.O. Box 419000 Melbourne, FL 32941-9000 Attention: Maureen Farr, Legal Advertising Please publish the following legal advertisement one time on Friday, May 21, 2004, in the legal advertising section of the Florida Today and forward an affidavit of proof of publication to my attention: P.O. Box 326, Cape Canaveral, FL 32920 Please call 868-1221 if you have any questions. Sincerely, Susan Stills, CMC, City Clerk NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will a Vested Rights Hearing in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 5:00 P.M., on Tuesday, June 1, 2004. The application packet may be inspected in its entirety in the City Clerk's office during business hours (8:30 a.m. to 5:00 p.m., Monday -Friday). THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL, FLORIDA, WILL HOLD A VESTED RIGHTS HEARING PURSUANT TO CITY CODE SECTION 115, VESTED RIGHTS, TO HEAR THE APPLICANT SMITH CONSTRUCTION 8 DEVELOPMENT, INC., PROPERTY OWNER WITH REGARD TO A VESTED RIGHTS APPLICATION FOR THE MADISON CAY TOWNHOMES PROJECT GENERALLY LOCATED AT 8501 RIDGEWOOD AVENUE. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting,that person will need a record of the proceedings, and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerk's office (868-1221) 48 hours in advance of the meeting. Susan Stills, CMC City Clerk Publish: Friday, May 21,2004, FL Today C:\WINN-RProfiles\susans\Temporary Internet Files\OLK5\Vested Rights Hearing_06-01-04.doc View Legal Ad#408360 Page 1 of 1 Print Window Close Window AD#408360-5/19/2004 0 NOTICE OF PUBLIC HEARING The City Council of the City of Cape Canaveral, Florida will hold a Vested Rights Hearing in the City Hall Annex, 111 Polk Avenue, Cape Canaveral, Florida at 5:00 P.M., on Tuesday, June 1, 2004. The application pack-at may be inspected in its entirety in the City Clerks office during business hours (8:30 a.m.to 5:00 p.m., Monday-Friday). THE CITY COUNCIL OF THE CITY OF CAPE CANAVERAL,FLORIDA, WILL HOLD A VESTED RIGHTS HEARING PURSUANT TO CITY CODE SECTION 115,VESTED RIGHTS,TO HEAR THE APPLICANT SMITH CONSTRUCTION& DEVELOPMENT,INC.,WITH REGARD TO A VESTED RIGHTS APPLICATION FOR THE MADISON CAY TOWNHOMES PROJECT GENERALLY LOCATED AT 8501 RIDGEWOOD AVENUE. Pursuant to Section 286.1015, Florida Statutes, the City hereby advises the public that: If a person decides to appeal any decision made by the City Council with respect to any matter considered at this meeting, that person will need a record of the proceedings,and for such purpose that person might need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. This notice does not constitute consent by the City for the introduction or admission into evidence of otherwise inadmissible or irrelevant evidence, nor does it authorize challenges or appeals not otherwise allowed by law. Persons with disabilities needing assistance to participate in any of these proceedings should contact the City Clerks office (868-1221) 48 hours in advance of the meeting. Susan Stills,CMC City Clerk AD*: 408360 Publication: Florida Today First Published: 05-19-2004 http://www.flatoday.net/legals/display.htm?CHID=DISPLAY&Id=13322 05/21/2004 BROWN, SALZMAN, WEISS & GARGANESE, P.A. Attorneys at Law Usher L.BrownOffices in Orlando,Kissimmee, Debra S.Babb-Nutcher Jeffrey P.Buak° Cocoa&Viera Joseph E.Blitch Suzanne D'Agresta° John U.Biedenharn,Jr. Anthony A.Garganese° Lisa M.Fletcher Gary S.Salzman' Douglas Lambert John H.Ward' Katherine Latorre Jeffrey S.Weiss Melanie A.Mucario Michelle A.Reddin Kimberly F.Whitfield 'Board Certified Civil Trial Lawyer *Board Certified Business Litigation Lawyer Erin J.O'Leary 'Board Certified City,County&Local Government Law Of Counsel May 12, 2004 The Honorable Mayor Randels and Members of the City Council City of Cape Canaveral Post Office Box 326 Cape Canaveral, Florida 32920 Re: Shores of Artesia, Phase II Chapter 115, Cape Canaveral Code Proceeding ("Vested Rights") Dear Mayor and City Council Members: The City received an application for a vested rights determination filed by Smith Construction and Development, Inc., on February 24, 2004. See Exhibit 1. As a result, this preliminary report is written and filed with the City Council pursuantto the requirements of Chapter 115, Cape Canaveral Code. In accordance with Chapter 115,Cape Canaveral Code,the City Council is required to conduct a quasi-judicial hearing to determine to what extent the applicant has demonstrated a vested right to construct a development project within the City of Cape Canaveral. The purpose of this preliminary report is to facilitate the Council's review of the vested rights application. In furtherance of this objective, I have identified on behalf of the City Council the legal issues and a list of what I believe to be the undisputed facts. The City Council should consider this report and the additional testimony and evidence presented at the vested rights hearing to determine to what extent the applicant has demonstrated a vested right exists in accordance with the requirements of Chapter 115, Cape Canaveral Code. The vested rights hearing is scheduled for May 18, 2004 at 5:00 p.m. in the City Council Chambers. 225 East Robinson Street,Suite 660•P.O.Box 2873•Orlando,Florida 32802-2873 Orlando(407)425-9566 Fax(407)425-9596•Kissimmee(321)402-0144-Cocoa&Viera(866)425-9566 Website:www.oriandolaw.net•Email:firm@orlandolaw.net Mayor and City Council Members May 12, 2004 Page 2 I. Jurisdiction: The City Council is solely responsible for making vested rights determinations on proposed development projects within the City of Cape Canaveral. See Chapter 115, Cape Canaveral Code. No person may pursue a vested rights claim in court until the person has first exhausted the administrative remedies set forth in Chapter 115, Cape Canaveral Code. Although this case involves, in part, a decision made by the City's Building Official, the City's Board of Adjustment has no jurisdiction under Section 110-29, Cape Canaveral Code (administrative appeals) to render a vested rights decision in light of Chapter 115, Cape Canaveral Code which reserves that authority solely within the City Council's jurisdiction. 11. Issue Presented: Based on competent substantial evidence, what development rights did the applicant receive when the Sand-in-the-Shoes, Phase II site plan (prepared by Allen Engineering, Inc., dated November 29, 1982, as amended) was vested by the Planning and Zoning Board on March 12, 2003, particularly regarding the building and garage setback requirements. In other words, to what extent do the setback requirements set forth in a table on the site plan apply to the proposed townhouse development project. See Exhibit 5. III. General Relevant and Undisputed Facts: The following is a list of general relevant facts which I believe are not in dispute. At the beginning of the vested rights hearing, I will ask the applicant and the City Manager to stipulate to these facts to expedite the hearing. The undisputed, relevant facts are as follows: A. A plat entitled Shores of Artesia, Phase Two, was approved by the City of Cape Canaveral Planning & Zoning Commission on September 12, 1984 ("Plat"). As a recorded plat, the Plat is vested unless vacated and annulled by the City Council in accordance with Chapter 177, Florida Statutes. See Exhibit 2. B. On January 12, 1983,the City's Planning and Zoning Board approved a site plan entitled "Sand-in-the-Shoes" prepared by Allen Engineering, dated November 29, 1982. The site plan consists of 2, 3, and 4 unit townhomes ("Site Plan").' See Exhibit 3. ' Sand-in-the-Shoes and Shores of Artesia Phase H are synonymous. Mayor and City Council Members May 12, 2004 Page 3 C. On March 28, 1984,the Planning and Zoning Board approved an amendment to the Site Plan. The minutes of the Planning and Zoning Board describe the amendment as "covered garages were added, the street was widened five feet, and fourteen parking spaces were added,"subjectto"the Fire Marshal's ascertaining the turning radium of a fire truck can be met." See Exhibit 4. D. On March 12, 2003, the Planning and Zoning Board determined the Site Plan, as amended, was vested. E. Subsequent to the Planning and Zoning Board's vested rights decision on March 12, 2003, Smith Construction and Development, Inc. purchased the subject property. F. Subsequentto March 12,2003,the City Council adopted Chapter 115,Cape Canaveral Code, entitled "Vested Rights." Chapter 115, Cape Canaveral Code requires all vested rights issues to be presented to the City Council for consideration and determination. The City Council,therefore, now has jurisdiction to decide the vested rights issue pertaining to the Site Plan. See Exhibit 7. G. Subsequent to March 12, 2003, the applicant submitted final engineering plans for the proposed townhomes to the City's Building Official for consideration and approval. Approval or denial of the final engineering plans is pending. H. On or about November 26, 2003,the Building Official first requested that the applicant provide setback information for the proposed townhome development project. In response, Smith Construction and Development, Inc. submitted an Engineering Site Plan, dated October 6, 2003, prepared by Allen Engineering, Inc. Said Engineering Plan purports to depict the proposed townhomes situated on the lots on the Plat. See Exhibit 6. I. On December 23, 2003, the contractor received eight "special foundation- only" permits for the first three buildings (eight townhome units total). Said permits were issued pursuant to Section 104.5.4, Florida Building Code and the permit holder was required to execute an affidavit that said permitted work would be at the contractor's risk because the final engineering plans had not been formally approved by the Building Official. See Composite Exhibit 9. J. Pursuant to the special foundation permits, the applicant constructed the foundations for the aforementioned three buildings. In addition,the applicant erected the concrete block walls on the building foundations. Mayor and City Council Members May 12, 2004 Page 4 K. The Building Official determined that the applicant could not construct the proposed townhomes in compliance with the setback requirements which are stated on the Site Plan. See Exhibit 5. L. On February 12,2004,the Building Official issued and posted on the subject property a stop work order for the entire development project until the setback issue could be resolved. See Exhibit 8. M. On February 24, 2004, Smith Construction& Development, Inc.,through their attorney Timothy Pickles, filed a vested rights application pursuant to Chapter 115, Cape Canaveral Code. See Exhibit 1. IV. Applicable Standard of Review and Law: A. BURDEN OF PROOF ON APPLICANT. The applicant for a vested rights determination shall have the burden of coming forward with the evidence and the burden of proof that a particular vested right exists. Section 115.11(e), Cape Canaveral Code. B. STANDARD OF REVIEW IS COMPETENT SUBSTANTIAL EVIDENCE. Any vested rights decision made by the City Council shall be based on "competent substantial evidence." Section 115.11(e), Cape Canaveral Code. The law pertaining to this standard of review is very complex and beyond the scope of this report. The essence of the law, however, is as follows: Competent substantial evidence has been defined to mean sufficiently relevant and material evidence that a reasonable mind would accept as adequate to support a conclusion. Degroot v. Sheffield, 95 So.2d 912 (Fla. 1957). C. APPLICABLE ORDINANCES AND LAW. The standards for determining a vested right are set forth in Section 115-5, Cape Canaveral Code and are as follows: Sec. 115-5. Standards for determining vested rights. (a) An application for a vested rights determination shall be approved if the applicant has demonstrated all of the following: Mayor and City Council Members May 12, 2004 Page 5 (1) The applicant, in reliance upon the valid, unexpired act of the city, has made a substantial change in position or has incurred extensive obligations or expenses; and (2) The applicant's reliance was reasonable and in good faith; and (3) It would be inequitable, unjust or fundamentally unfair to destroy the rights acquired by the applicant by means of the city's act or omission. The criteria set forth above shall not be deemed an exclusive statement of the grounds for determining that the right to develop or to continue the development of property exists. The city may also consider applicable statutory and case law legal authority. (b) The purchase of property in reliance on then existing zoning is not by itself sufficient to vest the purchaser's right to develop in accordance with said zoning. (c) The following are not considered development expenditures or obligation, as contemplated by subsection (a)(1) above, which would be sufficient for the vesting of development rights, unless the applicant was unable to obtain further approvals because of extraordinary delays beyond the applicant's control: (1) Expenditures for legal an other professional services that are not related to the design or construction of improvements; (2) Taxes paid; or (3) Expenditures for initial acquisition of the land. These expenditures may, however, be considered in conjunction with other expenditures or obligations incurred by an applicant to demonstrate reliance upon an act or omission of the city. Since Section 115-5, Cape Canaveral Code also incorporates by reference other applicable law, the common law of vested rights/equitable estoppel should be applied. Similar to the vested rights criteria set forth in Section 115-5, Cape Canaveral Code, Florida Courts have recognized three (3) main elements of equitable estoppel: (1) a property owner's good faith reliance; (2) on some act or omission of the government; and (3) a substantial change in position or the incurring of excessive obligations and expenses so that itwould be highly inequitable and unjustto destroythe right he acquired. Mayor and City Council Members May 12, 2004 Page 6 Franklin County v. Leisure Properties, Ltd., 430 So.2d 475 (Fla. 15t DCA 1983). Stripped of legal jargon, (1) Estoppel amounts to nothing more than an application of the rules of fair play. (2) One party will not be permitted to invite another onto a welcome mat and then be permitted to snatch the mat away to the detriment of the party induced or permitted to stand thereon. (3) A citizen is entitled to rely on the assurances or commitments of a zoning authority and if he does,the zoning authority is bound by its representations, whether they be in the form of words or deeds. Town of Largo v. Imperial Homes Corp., 309 So.2d 571 (Fla. 2d DCA 1975). V. Recommendations: A. HOLD A QUASI-JUDICIAL HEARING. A Vested Rights determination is a quasi-judicial proceeding. Therefore, it is very fact intensive and due process of law is applicable. The burden to demonstrate a vested right is on the applicant. It is, therefore, recommended that the City Council consider the information and applicable law included in this report. Further, the City Council must permit the applicant and other interested parties (including the city manager) a reasonable opportunity to present any other competent substantial evidence relevant to the applicant's application for a vested rights determination. B. RECOGNIZE THE SITE PLAN IS ALREADY VESTED. This application is unusual given that a vested right determination has already been made that the Site Plan is vested. The City Council should first recognize that the Site Plan is vested as a result of the Planning and Zoning Board's decision on March 12, 2003. At that time,the Planning And Zoning Board had jurisdiction to make that decision because Mayor and City Council Members May 12, 2004 Page 7 the board had final decision making authority over site plan approval.2 Accordingly, the City Council should not repeal or annul the vested right that has already been granted. C. INTERPRET WHAT HAS BEEN VESTED. Once the City Council recognizes that the Site Plan has already been vested, I believe that the issue to be considered is a question of interpretation. In other words, the City Council should interpret,based on competent substantial evidence,what development rights did the applicant receive when the Site Plan was vested by the Planning and Zoning Board, particularly regarding the building and garage setback requirements. D. ISSUE A WRITTEN FINAL ORDER. Once that question of interpretation has been made by the City Council, the City Council should direct the City Attorney to prepare a final order containing findings of fact and conclusions of law. The final order will be drafted by the City Attorney and presented to the City Council for final approval within fourteen (14) days of Council's final decision pursuant to Section 115.11(g), Cape Canaveral Code. E. VESTED RIGHTS AGREEMENT. As an alternative to a final order, the City Council also has the right to enter into a vested rights agreement with the applicant for purposes of resolving any claim for vested right. Any such agreement shall require the consent of the applicant and shall be in compliance with law. If any council member has any questions regarding this report and the requirements of Chapter 115, Cape Canaveral Code, please call me prior to the hearing scheduled for May 18, 2004 at 5:00 PM. VeTs, Anthony A. Garganese City Attorney 2 Since that time, however, the City Council amended the City Code providing that the City Council has final decision making authority over site plan approval on appeal and vested rights determinations. See Section 110-223.5 and Chapter 115,Cape Canaveral Code. Mayor and City Council Members May 12, 2004 Page 8 1 HEREBY CERTIFY that a true and correct copy of the foregoing has been delivered via U.S. Mail and E-Mail this 12th day of May, 2004, to Tim Pickles, Esquire, P.O. Box 236007, Cocoa, FL 32923-6007; William E. Reischmann, Esquire, P.O. Box 4848, Sanford, FL 32772-4848; and Bennett B her, Cape Canaveral City Hall, 105 Polk Avenue, Cape Canaveral, FL 32920 ANTHONY A. GARGANESE CITY ATTORNEY OF CAPE CANAVERAL Mayor and City Council Members May 12, 2004 Page 9 EXHIBIT LIST 1. Vested Rights Application and supplement submitted by Timothy Pickles. 2. Shores of Artesia, Phase II Plat 3. Excerpt of Minutes of Planning and Zoning Board, dated March 28, 1984. 4. Sand-in-the-Shoes Site Plan 5. Excerpt of Sand-in-Shoes Site Plan listing setback requirements. 6. Shores of Artesia, Engineering Site Plan 7. Chapter 115, Cape Canaveral Code 8. Building Official Stop Work Order 9. Special Foundation; At-Risk Affidavit; Section 104.5.4, FBC. APR-15-2004 14:46 6 .30N SOILEAU DELEO P.02iO3 Law Offices WATSON,SOILEAU,DELEO,BURGETT&PICKLES A PROFESSIONAL ASSOCIATION 3490 N.U.S.HIGOWAY 1 POST OFFICE BOX 236007 COCOA,I•L 32923-6007 VICTOR M.WATSONt TELEPHONE JOHN L.SOILEAUt (321)631-1550 JOSEPH E.DeLEO STACY L.BURGETT FACSIMILE TIMOTHY F.PICKLESt (321)631-1567 MANDCUMIrMINntnL►MO UTYLAW April 15,2004 ' Anthony Garganese,Esq. Via Facsimile 407-425-9S96 P.O. Box 2873 Orlando,FL 32802-2873 Re:City of Cape Canaveral/Sand in the Shoes Dear Anthony, Attached please find a Supplement to Application for Vested Rights. Please advise when we call expect to be on the City Council Agenda. Thank you for your attention to this matter. Sincerely, Z;VthF.Pickles y� TFP:tlw Attachment EXHIBIT 1 APR-15-2004 14:46 W--30N 501LEAU DELEO P.03iO3 SUPPLEMENT TO APPLICATION FOR DETE�RMINATJN ONOF VESTED RIGHTS This document is to supplement the Application for Determination of Vested Rights by Smith Construction&Development,Inc.,as successor in interest to Sand in the Shoes,Inc,filed on February 24, 2004 with the City of Cape Canaveral City Manager's office and would state as follows: 1. A list of the names, addresses, and telephone numbers of additional witnesses whom the applicant shall present in support of the application and a summary of the testimony of each witnesses: Steve McCaslin,798 Florencia Circle,Titusville,FL 32780;321-863-4663 Statements of City Staff during initial vested rights application 2. The applicant, in reliance upon the valid unexpired act of the City has made a substantial change in position or has incurred extensive obligations or expenses. In addition to the facts stated on the Memorandum of Law filed with the Application for Determination of Vested rights,the estimated loss of value that the applicant will suffer as a result of the City's actions is$900,000.00. - TIS F. PICKLES,ESQ. Atfomey for applicant Florida Bar No.363243 WATSON, SOILEAU, DELEO BURGETT&PICKLES,P.A. P. O.Box 236007 Cocoa,FL 32923-6007 (3z_1) 631-1550 -- TOTAL P.03 APPLICATION FOR DETERMINATION OF VESTED RIGHTS Pursuant to the City of Cape Canaveral Ordinance Chapter 115-7(c), Smith Construction& Development, Inc., as successor in interest to Sand in the Shoes, Inc. requests a determination of vested rights vesting the size, location and configuration of that certain site plan dated 11/29/82 as revised by Allen Engineering, Inc., and as grounds therefore would state: 1. Name of property owner: Smith Construction &Development,Inc. 2. Address of property owner: 5300 S.Orange Avenue, Orlando,FL 32809 3. Telephone number of property owner: (407)859-2608. 4. Project name: Madison Cay Townhomes. 5. Street Address of property: N/A 6. Legal Description of property: See attached. 7. A statement providing the factual basis upon which the application is brought and the legal basis upon which the application is based. To comply with this provision it is recommended an applicant submit a memorandum of law researched and prepared by a licensed Florida attorney.: See attached Memorandum of Law. 8. All supporting information, including Development Orders and permits, contracts, letters, appraisals, reports, or any other documents, items or things upon which the application is based: Attached. 9. A list of the names,addresses,and telephone numbers of any witnesses whom the applicant shall present in support of the application and a summary of the testimony of each witnesses: Joyce Crumpler,Allen Engineering, 108 Dixie Lane, Cocoa Beach,FL 32931; 321-783-7443; will testify that the site plan attached to the application is the same site plan which was approved in 1984 as well as reapproved in 2003. John Allen,108 Dixie Lane,Cocoa Beach,FL 32931;321-783-7443;will testify that the site plan attached to the application is the same site plan which was approved in 1984 as well as reapproved in 2003. Roger Smith, 5300 S. Orange Avenue, Orlando,FL 32809; 407-468-0718; will testify as to amounts expended in good faith reliance upon the actions of the City in purchasing the subject property. Colette Cannon, 33 West Point Drive, Cocoa Beach, FL 32931; 321-783-4816; will testify that the site plan attached to the application is the same site plan which was approved in 1984 as well as reapproved in 2003. Todd Morley,City of Cape Canaveral,Building Department; 321-868-1222 TIM F. PICKLES, ESQ. orney for applicant Florida Bar No. 363243 WATSON, SOILEAU, DELEO BURGETT&PICKLES,P.A. P. O.Box 236007 Cocoa,FL 32923-6007 (321) 631-1550 LEGAL DESCRIPTION All of Tract 14 and a portion of vacated BOOTH COURT, all in REPLAT OF CHANDLER PARK according to the plat thereof as recorded in Plat Book 21 at page 80 of the Public Records of Brevard County,Florida,the same being more particularly described as follows: Begin at the Northeast corner of said Tract 14, said point also lying on the south Right of way line of said vacated BOOTH COURT;thence run S15°35'54"W,along the East line of Tract 14 a distance of 121.91 feet;thence run N89°48'05"W along the South line of said Tract 14 a distance of 413.14 feet to a point on the centerline of vacated BOOTH COURT;thence run N1°07'50"W along the centerline of said BOOTH COURT a distance of 166.01 feet to a point being the Southwest corner of Tract 15, of said REPLAT OF CHANDLER PARK;thence run East along the South line of said Tract 15 a distance of 459.74 feet;thence run South, a distance of 25.00 feet to a point on the center line of vacated BOOTH COURT;thence run S22°53'06"W a distance of 27.13 feet to the Point of Beginning. Said parcel contains 1.678 acres more or less. MEMORANDUM OF LAW As required under Ordinance Chapter 115-7(c), City of Cape Canaveral in regard to the applicant's request for a determination of vested rights,the following information is provided: RECITAL OF FACTS In November, 1982 the applicant's predecessor in title, Sand in the Shoes,Inc., submitted a site plan for approval with the City of Cape Canaveral. The site plan is attached to the application as Exhibit"A". Subsequent to same, in 1984,upon the request of the Sand in the Shoes,Inc., the site plan was amended to include the placement of covered garages. A copy of the Minutes of said meeting are attached hereto as Exhibit"A". In 2003,incident to the purchase of the subject parcel, applicant attended two planing and zoning meetings at which time the vesting of the applicable site plan was discussed by the planing and zoning board (-at that time the controlling agency for the issuance of the vested rights).The site plan as submitted was in fact approved by the planning and zoning board on March 12, 2003, a copy of those Minutes are attached hereto as Exhibit`B". In reliance on the actions of the planning and zoning board and granting the approval of the site plan, the applicant closed on the subject parcel. Applicant submitted plans consistent with the site plan to the building official and has been denied the ability to obtain a building permit based upon the building officials adherence to current setback ordinances. The planning and zoning board approved the site plan and the applicant relied upon same to his detriment. Applicant expended funds in excess of$640,000.00 on the purchase of the property with the good faith belief that the subject subdivision would yield one additional bedroom per unit as well as enclosed garages. Had the planning and zoning board not approved the site plan vesting the rights in applicant's predecessor in title, applicant would not have proceeded forward with the closing. LEGAL ANALYSIS Cape Canaveral Ordinance 115-5(a)sets forth the criteria upon which an owner of property was determined to have vested rights in the property. 1. The applicant,in reliance upon the valid unexpired act of.the City has made a substantial change in position or has incurred extensive obligations or expenses.As stated above,on March 12,2003,the planning and zoning board of the City approved the site plan attached to this application which clearly shows the location and dimensions of the covered garages on the site plan within the setbacks approximately 10 feet from the property line. Applicant purchased the subject parcel contingent on the fact that the rights were vested with the ability for the project to move forward with the subject garages as depicted on the site plan. As identified above, the applicant incurred extensive obligations and would not have closed on the subject parcel had he not received approval from the planning and zoning board that the site plan in question was in fact vested in his predecessor in title's favor and therefore in his favor. 2. The applicant's reliance was reasonable and in good faith. The applicant attended two meetings of the planning and zoning board including an interim meeting with the City Council in which case the issues concerning the vesting rights were discussed at length. There was no other site plan submitted upon which the applicant could have relied other than the site plan attached to this application. Therefore,his reliance was reasonable. 3. It would be inequitable, unjust or fundamentally unfair to destroy the rights acquired by the applicant by means of the City's act or omission. There has been no subsequent act of the City which would remove the rights to build according to the site plan which was approved by the planning and zoning board. Rather it is a City official who is refusing to honor the terms of the vested rights application. As stated above,the only site plan which has been discussed with the City Council and the planning and zoning board is the site plan which is currently being requested and which is attached to this application. Refusal to honor the site plan will cost the applicant 1 bedroom per unit as well as the ability to construct a covered garage which as the City is aware is highly desirable with the location of the development in such close proximity to the Atlantic Ocean. CONCLUSION The applicant has demonstrated his rights to obtain a determination of vested rights in his favor. WHEREFORE,applicant requests that the City of Cape Canaveral vest the rights in the subject site plan as previously approved by the planning and zoning board and permit the applicant to move forward with the development of the subject parcel. MlCR0F1L':._o �•�rJ- EACH BOARD MEMBER WAS GIVEN THE OPPORTUNITY TO QUESTION MS. MESSNER CONCERNING THE SPECIAL EXCEPTIOR. AFTER THIS QUESTION-ANSWER PERIOD, MR. RANDELS MOVED TO RECOMMEND GRANTING TTiE SPECIAL EXCEPTION WITH CONSIDERATION GIVEN TO SECTION 641.01, B(3)a AND THAT A VICINITY MAP, SITE PLAN AP OR BUILDING FLOOR PLAN BE PROVIDED TO THE BOARD OF ADJUSTMENT. THE MOTION DIED FOR LACK OF A SECOND. AFTER FURTHER DISCUSSION, MR. ItANDELS MOVED TO APPROVE CONTINGENT UPON COMPLIANCE WITH SECTION 641.01 B(3)a, PROVISION OF PLOT PLAN AND SEATING PLAN TO THE BOARD OF ADJUSTMENT AND ` PROOF OF OWNERSHIP TO THE BOARD OF ADJUSTMENT. MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. ITEM 2. SITS PLAN REVI$W,. COLtiMBIA COMPLEX OFFICE CONDOMINIUM CORNER OF AIA AND COLUMBIA DRIVE ALB CONSTRUCTION THE BUILDING OFFICIAL RECOMMENDED' THAT THE BOARD TABLE. THIS ITEM DUE TO THE FACT THAT THE BUILDER WAS CONSIDERING ALTERING TBE SITE PLAN. MR. RANDELS MOVED TO TABLE THE SITE PLAN. MR. THURM SECONDED MOTION. ITEM 3. RE: SUBMISSION OF SITE PLAN - SHORES OF ARTESIA COLETTE CANNON MS. CANNON PRESENTED. AN AMENDED SITE PLAN TO THE BOARD. COVERED GARAGES WERE ADDED, THE STREET WAS WIDENED FIVE FEET, AND FOURTEEN PARKING SPACES WERE ADDED. P 6 Z BOARD 3-28-B4 PAGE 2 OF 3 9Zd WW_Z:60 9902 60 '4-ad LdZT 298 TEE! -KEk)dNH7 3duz) j® ulo: WOdu MICROF.INU.9ED 9.15.85 AFTER A DISCUSSION, MR. M14DELS MOVED TO APPROVE THE SITE PLAN SUBTECT TO THE FIRE MARSHAL'S ASCERTAINING THE TURNING RADIUS OF A FIRE TRUCK CAN BE MET, MR. THURM SECONDED MOTION. .MOTION PASSED UNANIMOUSLY. -UNFINISHED BUSINESS ITEM 2. DISCUSSION RE: OUTDOOR DISPLAY OF MERCHANDISE MR. McCONNELL CONTACTED NEIGHBORING TOWNS TO FIND OUT THEIR POLICIES ON OUTDOOR DISPLAY OF MERCHANDISE. HE REPORTED THAT THE POLICE CHECK FOR OCCUPATIONAL LICENSES. IF A LICENSE 9AS 'NOT BEEN OBTAINED, THE VENDOR IS ASKED TO LEAVE. THE CITY ATTORNEY POINTED OUT THAT THE CODE ENFORCEMENT BOARD MAY. BE ABLE TO ALLEVIATE THIS PROBLEM ONCE IT BECOMES OPERATIONAL. MR. McCONNELL MOVED TO''REVIEW THIS ITEM IN THREE MONTHS. MR. MILLIKEN SECONDED MOTION. MOTION PASSED• UNyANIMOUSLY_ THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9:30 P.M. APPROVED THIS ff DAY OF , 1984 . re w-o-e CHAIRMAN SE A P S Z BOARD 3-28-84 PAGE 3 OF 3 ST4 LMZ:60 t00Z &3 LtZT 898 Tom: 'ON )Cdzi WOE PLANNING&ZONING BOARD MEET No MTNLi'iES MARCH 12,2003 A Rogular Meeting of the Planning&zoning Board was held on March I2,2003 at the City Hall Annex. 111 Polk Avenue,Cape Canaveral,Florida. Chairperson McNeely called the meeting to order at 7:30 p.m. The Secretary called the roll. MEMBERS P=BiYT Bea wNeely Chairperson Lamar Russell Vice Chairperson Leo Nicholas John Fredrickson Waiter Schoetrfeld Alternate MEMBERS Al3SF.NT Andrea Shea-King oTHEI't.S PB,P� . Bennett Boucher City Manager Edward Gardulski Public Works Director James Morgan Council Member Robert Hoog Council Member Susan Chapman Board Secretary Anthony Gxrganese City Attorney Tom Myers Assistant City Planner NEw BUSI>�IEaS 1. AnnLoyal of MeetjU Mijutes: Feb�ar�t 26..2003. Motion by Mr.Nicholas,seoonded by Mr.Fredrickson to approve the meeting minutes of February 26,2003 as presented. Vote on the motion tamed unanimously. 2. Review and Mgkfion Re, Reeminendation to Cleo Council M AplxrgX&an Easemennt,,A,areemerit fl,om jga BeU Xones brm—r,Tarcel 251,Section 26. Township 24 South,Ranrye 37 Fast-.Bet Gajduls '.Public Works Director. Mr.Gardulski,Public Works Director,explained that the City wan acquiring caserwrits along AIA for landscaping and bcautirieation of the city's main corridor, Mr.Gardulski clarified that this was a 20 ft.easement. Brief discuaaion followed, Motion by N ft.Nicholas,seconded by Mr.Fredrickson to recommend approval of this easement agreement to City Counail. Vote on the motion carried unanimously. Planning&Zoning Board meeting milutba March 12,?[W3 Page 2 3, 12dview and Motion Re' JBohan_sic DPre{iminarYli,Q-'lei A10 k L2t h the Se ilio - ° Mr.dyers,Absiatatlt City Plattner,explained that staff reviewed the plat grid found it consistent with the codes The Hoard members reviewed the plat. Mr.Nicholas commented that it was a shame that all the trees had bmu removed. Mr.Johanson advised that this wag a preliminary plat for a two-unit townhouse which would be developed by his contractor Mr. Morgan. Motion.by Mr.pusstll.seconded by Mr.Schoenfeld to approve the Preliminary Re-Flat as subtrutted. Vote on the motion owicd unanimously. 4. City Council,.. quest that the l'lanninf! Zoning Bmrd ReooMidIr ire February 12 2003 Decision to Denv Vesting the Sita Plan of 5 res of Artesia-Phase 11, Chairperson McNeely explalued the order of conduct and allowed citizens in the audicacc to speak for three:minutes. City Attorney Garganese swore in all persons giving testimony. City Attanmey Carganost!gave an overview of the backgmund informadon regarding the vested rights. He advised that based on hia research be determined that Shoros of Artcsi�F'hase lI s t_a plan r the Hoa �Jovem>ser, $2 shoui8 lr: yestec1C�dvviiss�ed that the fS—nal peat was aper vy tic 1 rd:n 19 orTca; HCpalned the detlnition of equitable estoppel. He advise at t utilities were installed for Phaco 11. He noted that the city does not have a specific code far vesting of site plana_ He noted that the fire department had veriftod that the site plan met the code requirement for turning radius. The Board members ootifixtned that the sidewalks, setbacks,and the structures%vould not conform to tho current code. The Board questioned if a building permit was issued to install the utilities,in both phases of oonstraction. The Board also questioned how this tissue vicea raised and Why this Board wag being required to detetrninc the vesting of the sitelane n W not a uildin. total, 555imoy organ '1 ��`c ihaEia s optmpn;tic'$oar` tis been delegated the r,fiiicbolas responded that the enforcement o' erficirl, Mr.Russell advised that es pee the code,the Developer could have time extension for lite site plan. He qutstiotxd if they had done so and if uilding permit that was issued for the construction of Phase7T. ytr. advised that he was of the opinion that the'Pt==wn ng&Zoning Board was art advisory board only and questioned why the City Counci i did not reverse the Board's decision. City Attorney Garganese responded that the Ci-.y Couttoil delegated the . authority to(be Board. Planning&Zoning Board Mctting Minutes Mareb 12,X003 Page 3 Attorney Clifton McClellan,mpreaeantative for Sand in the Shoes,Inc.introduced hi witnesses. Ms.Joyce Gumplicr,pmjcct engineer,Allen Engineering,Inc.showed the Board a copy of tho approved site plan,which she noted eaenmpassed Phases I&II (Exhibit 1);copy of re=dcd Plat of Phase 1,recorded in 1983(Exhibit 2);copy of recorded Plat of Phwe TI,rocordod on September 12, 1984(Exhibit 3)_ Ms. Gumpher testified that the water,sewer and drainage was installed for bath phases. She noted that the streets were not paved in phase 11. Nis.Gumpher advised that Phase It would loose six townhouse lots if the project was not vested. Mrs.Colette Cannon,President of Sand in the Shoes,Inc.,testified that on lune 23, 1983 a building pertrtit was issued to construct Phase I;this was a unified devoloprncnt;she described expendittim after approval fmm the city;40 units Covered both phases;City of Cocoa had accepted the water system;Cape Canaveral had accepted the sewer system;sbe outlined and described the continued expenses for maintenance and removal of nuisance species,as requested by tha city;she was paying liability insurance for Phase U;she outlined and explained the annual assesasd taxes on the improved subdivision lots(Exhibit 4), Ms,Cannon further testified that she did not abandon the project,she did not continue to build Phase 11 becawia of economics which included high;interest rates and fmaxicial hardship. Mr. Roger Smith,advised that he was planning on purchasing,building and developing the property with 19 townhotnes,using the exact dimensions of the recorded plat,and per the approved site plan. He noted that he would pave the two smali streets and then start constructing the buildings. 14c advised that Phase U consisted on 12.4 units per acre: He questioned why the Board did not want to approve this request. Chairperson McNeely advised that it did not Meer the current standsrd zoning code requirements. She noted that the project needed to be approved by the Community Appearance Board prior to permitting, pi$dumiot3 followed regarding equitable estoppel and if it had been established. Vice Chairperson Russell voiced his opinion that based on the przwnted evident,the applicant bas the right to continue the project because they have spent money to start the development,they have spent money to rttaintain the lots,have paid taxes on the individual lots,and due to 6nencial burden they ltad stopped construction. Mr.Nioholas voiced his opinion that any permits that were issued for oris development were expired;the decision for vesting this site plan should be a decision of the Building GfFcial however,the City Attorneys opinion is that the planning&Zoning Board has been authorized to'lake this deterrAigption whether or not this project is vested. Mr. Fredrickson comawatvd that the City code should clarify who should snake vested rights decisions,establish rational and time limits for vesting. Motion by Mr.Russell,seconded by Mr.Nicholas to approve the vesting for Shores of Artesia,Phase li based on the tCstimotty,exhibits and evidence prescnrcd. Votc on the' motion carried unanimously. Plarudng&Zoning Board Meeting Minutes March 12,2003 Page 4 5. Review ftnd Jdgfiga Re: All ShoreB Tcwnhomm-PhAlg LUyreliminary Re-Plat Bloch 7 T nt 13:Avon by the$ca Subdivision (214&.216 Adams Avenge)- Ames E.M4r_aan,Auollcant. Mr.Myers,Assistant City Planner,advised that City staff had MViewed the Preliminary Rc-Plat and rocommended approval. Mr. Morgan,Applicant,advised that he was President of All Shores Construction;ho depicted tho setbacks and advised he would tm starting constntation very shortly. He noted that he would try to save at m4nytrees as ppssibte. Motion by Mr.Russell,seconded by Mr.Schoenfeld to approve the Preliminary Re-Plet as submitted, Vote on the motion carried unanimously. 6. Rcyicw and Motion Rc,, Sunrise villas Townhomes Prcliminrtry Etat,Parcel SQ? ,j�mes E.Morgan.Applicant Mr,Myers,Assismnt City Planner,advised that City staff had revi"ed the Preliminary Plat and recommended approval. He noted that the property was surrounded by R-2 zoning and the property was directly South of Central Blvd. across from the Breakers Condominiutits, Mr,Morgan,Applicant,advised that the lots were deep and oversized and noted that the property abutted the canal Motion by Mr.SChoeAfeld,seconded by Mr.Russell to approve the Preliminary Plat of Sunrise Villas Townhomes as presenwL Vote on the motion carried unanianously. pl�txUS�ION ' Mr,Morgan explained that as a City Council Member he was working on amending the city code to clarify the process of preliminary and f nal plats, Mr.Boucher,City Manwr,advised that there Was a 240 hotel that will shur•tly be proposed justNoYth vfftaosTraC G s Station in the M-1 wain&district which will require a zoning change and comprehensive plan amendment. He had suggested that they Mott with the Planting do Zoning Board with a concept plan. Mr.Crarganose,City Auprney,advised that he provided a draft of the proposed code ohanges suggested by the Board regarding requirements for vegetation which will be on the next meeting Agenda fbr recommendation to City Council. There being no further business for the Board to consider the meeting was adjourned at _. 9:52 P.M. —���� A Bea McNeely.Chairperson r"1 Susan L,Chapman,Board Secretary PLA?4tNWCI dt ZONING BOARD 0.0 c e77r C A NK%o lu MAR 4 4 2003 'i MEETING MIl4MS c 0`h 772-. fo f; FEBRUARY 12,2003 -' A Regular Meeting of the Planning&Zoning Board was Hold on February l2,2003 at the City H4 Annex,i i i Polk Avenue,Capt CanaVcM,Florida. Chairperson Bea McNeely called the meeting to order at 7:3Q pan MEMBMS PRI Bea hie-Neely' Chairperson Leo Nicholas 7oba Ftrodricimon Andrea Sb oa-Ding Walter Seboetlfeld Alternate NMiBXIIS-ARSB rT Lott=Russdl Vice Chairporson OTHERS PRES$NT Susan Chapman Hoard Secretary Todd Peetz Staff Representative Jef&ty uuak Assistant city Attorney W BUSINESS 1. AR2Myal of Meeting Minutes: Januar)+gg,2QU W.Fredricks&complimented the Board Secietary on the thoroughness of the meeting minutcn. Motion by N1 -Nicholas,seconded by Mr.Fredrickson to appmvc the rneeting minutes of Jauuary 22„X1003. Vote on thud motion carried unsn=i usly. Chairpersgn McNeely explained how the order of business would be conducted at this meeting add litnited audience speaking to three tainutes due to the lengthy agenda. All perecfns giving tcstimouy were sworn is by Attorney Buak. 1 2. ;RLQ=W ndstiott to the Board qrAAjuetment Re: SaR21:at Rue ion Request Nd ' 02-t3 to Allow Wdential Usg in the 12t Zing District Farcel ga§ection 3.Townddll SoVtL ga2o 37 East-pan Green.Pro,,=Mannggm ent Ind Pedtiomr. (Zp ty�0!jjd at J=jy 2qQ mcetinal. f Planning 8e,Zoning Board Meeting Minutes Fcbtuaty 12,2003 ` ' pR x )L//O Page 3 ` 4. Review&Motion Re; ttell giglAg DeteTTtlICA6on for Sho=o f AWia. Phase II,Lots 22.4Q,SWJIM 14,Tflwn9J)W 24„Aot,L6i"gg37 Hast 1idaewood �ivsrsu�e)-ftJ in the Shoes.Inc..Property Q=er-Anthony QUgenese_S y Mr.John Allen,Project Engineer,testified thele engineering for Shores of Artesia, Phase i&Q began on November 29, 1932;the site plan was.approved by the City on August 24, 1983;water,sawsr,storm drain as-built was submitted on June 8, 1983;the final plat for?hue I was recorded on September 20, 1983;the final plat for Phase I1 was recorded on September 18, 1984;the property has beta paying taxes for each individual lot sinoo the plata worn rocorded. Nfxs.Colatta Carwon,Corporation Prc*ident,tcatifled that the infrastructure,was installed during the 1st Phase of construction. She verified that she hat bean payed@ taxes on each lot. Assittant City Attorney Busk guided tits Hoard in weighing the facts prcaonte& He sdviaed that City Attorney Garganese lad researched the roqucst for vested rights determination regarding Phase II of Shores of Artesia site plan end recorded plat. Be explained that because the Cape Caaaverel code does not contain.specific vested rights pros udurc,the P&Z Hoard should consider that bred on competent substantial evidence,whether Shores of Artesia,Please A,site plan dated November 29, 1982 is vested. W.Huak explained that a vested rights detemtination is a quasi:judicial proceeding. Therefore,it is very fact intensive and due process of law is applicable, The burden to demonstrate a vett right is on the property trimer. ire recotnt=dcd thst the Board consider the information and applloable lave included in Attorney Garganese leftr. He explained that tete Board must permit the property owner and other interested parties an opportunity to present any other competent substantial evidence relevant to the property owner's petition. Mr.Gaxgaacm bad highly recommended that the Board request that the property ownerpmvide a detailed historical backgroundon the developmetet of tate project. He noted that if the Board detwmirtes that the property owner hart demoaatratcd that the elements of equitable estoppels are satisfied and Phaso II Sita plan is vested,Phase N should be allowed to proceed at-the subject property under applicable City codes and law. W.Nicholas questioned how the changes to the zoning code lend effected this property. Following discussion,the Board concluded that setbacks and parldng were the mazes, cbangea Mr.Fredrickson quostroncd how 6-=—T,of a iia the cl�a'nges aChially efecti rthe property and why the owner(bels they have a vested right to build what was approved 19 years ago. W.Allen,project engineer,responded thu the recorded plat - would need to be dissolved and the property replaned to meet today's coda requirements;, the project was approved for 12 units sr •Phase I was ootnpleted is its entirety,the 1 r v k,f' entrance is on Ridgcwoo venue across fbom Canaveral Sst%4-the market conditions A. r�-e A,4. have ahatted s'inee tiro 1980s;a considerable number of Iota would be'lost if they were required to build to today'$ood.o creating a potential&natt.cial hardship;some of the lots curs 20 ft,wick. More specifically,the si*.e plan had beta approved;Pbaac I was completed;there would be a loss In revemto of the lots had to be reduced to Meet today's requirements;and there is a vested interest in the inhustum. Discussion followed. Mar` U4 i:!UU4 12:GUHI'I nr Planning&Zoa inb and Meeting Minutes February 12,2003 Page 4 l�1vlr.Nicholas noted that the zoning codes have changed;them was no turnaround radius for the:Fire Department;the project had boats abandoned for#ire passed 19 years;sio 1 hardship has been proven by the applicant;the value of tie property has incm"ed since the site plan was approved. Discussion contirsved. Mrs.Colons Cannon,Property Owner, testified that Phase I was completed in 1985;the shuttle disaster in 1986 creatcd a bad real estate period;interest rate*were hiyhcr in the 1980s than they are today;she has paid property taxes as each individual lot since the plat was.recorded in 1984;Phase i was completed in 1985. Mr.Feetz,C!W Planner advised that the rctback requirements were 10 ft.in 1983 and ...... .�.. �.....�. Mr.Roger Stith,developer for the Petitioner,advised that he met with the city two years ago; tbo site plan would not wont with today's code;the owner has bean paying taxis on the 19 individual lots;944 the City had changed the setback requirements. Motion by Mr.Fredrickson,seconded by Ms.Shea-Icing to approve. Discussion bellowe& vote an the mcuon was as fellows: Mr.Fredrickson,For;Ms.McNeely, agaiTY34�Ir.Nicholas,ages Ma_Shea•King,against;and 1V&.Schoenfeld,agaium Motion ail y a to vote agninat the motion. S, Review&msdiOn BE; Site Plan v Y A asst The Board membsss re ewed the submitted site pias. Mr.Peetz,Gity P16ner,advised that sniff had reviewed site plan and recommendod approval. He visci that three , driveways were proposed, y two driveways were allowed by Howentir,the Board has the authority to w ' e the requirement. The City neer had noted that the stniddie drivoway must align w Bayfront Court to allow for intersection in lieu of two driveways on a bend that only separated by a tely 150 ft. Discussion followed. Mr.BM Young,Applicant,advised the sed project was a condominium complex with a total of 106 units of 58 townhomes and 48 condominium units; the project is almost identical to the B e Condominiums proj net;total acreage is 13.6; density of 8,15 unite per acre;ame ' caw include a pool and clubhouse;57'16 of the property is impervious. Mr.Y subnu hotogrspbs of depicting rho look of the townhosnes. Discussion was d regaria; backs,parking building beigh% . -- percentage of impervious soil e&aditlons, relationships between the Bayside and Bayport projects. Mr.Y planned to begin a work with the uestt 60 days,with the project build-out proje in approxbmtely throe The units are pricod between $399,000.5310,000. ' cussion continue& Motion by Mr. dri*wn,soco:vW by Ms.8bea•K xg approve the site plan of Bayport CO miniurns as presented. Vote on the motion ed unanimously. MICROFIL,:1- 9.15-5 EACH BOARD MEMBER WAS GIVEN THE OPPORTUNITY TO QUESTION MS. MESSNER CONCERNING THE SPECIAL EXCEPTION. AFTER THIS QUESTION-ANSWER PERIOD, MR. RANDELS MOVED TO RECOMMEND GRANTING • L THE SPECIAL. EXCEPTION WITH CONSIDERATION GIVE24 TO. SECTION 641.01, B(3)a AND THAT A VICINITY MAP, SITE PLAN MAP OR BUILDING FLOOR PLAN BE PROVIDED TO THE BOARD OF ADTUSTMENT. THE MOTION DIED FOR LACK OF A SECOND. AFTER FURTHER DISCUSSION, MR. RANDELS MOVED TO APPROVE CONTINGENT UPON COMPLIANCE WITH SECTION 641.01 .B (3)a, PROVISION OF PLOT PLAN AND SEATING PLAN TO THE BOARD OF ADJUSTMENT AND ' ; PROOF OF OWNERSHIP TO THE BOARD OF ADJUSTMENT. MR. THURM SECONDED MOTION. NOTION PASSED UNANIMOUSLY_ ITEM 2. SITE PLAN REVIEW, . COLdMBIA COMPLEX OFFICE CONDOMINIUM CORNER OF AIA AND COLUMBIA DRIVE -- ALH CONSTRUCTION THE BUILDING OFFICIAL. RECOMMENDED' THAT THE BOARD TABLE. THIS ITEM DUE TO THE FACT THAT THE BUILDER WAS CONSIDERING ALTERING THE SITE PLAN_ MR. RANDELS MOVED TO TABLE THE SITE PLAN. MR. THURM SECONDED MOTION_ ITEM 3. RE: SUBMISSION OF SITE PLAN - SHORES OF ARTESIA COLETTE CANNON MS. CANNON PRESENTED AN AMENDED SITE PLAN TO TlJZ BOARD_ COVERED GARAGES WERE ADDED, -THE STREET WAS WIDENED FIVE FEET, AND FOURTEEN PARKING SPACES WERE ADDED. P k Z BOARD 3-28-84 PAGE 2 OF 3 t1id W1i4?:60 VWZ! 60 'cPzl Zbzti 898 ice: 'ON Tei 3c EXHIBIT 3 MICf7Qf::.�t7ED 9.15.85 . AFTER A DISCUSSION, MR. RANDELS MOVED TO APPROVE THE SITE PLAN SUBJECT TO THE FIRE MARSHAL'S ASCERTAINING THE TURNING RADIUS OF A FIRE TRUCK CAN BE MET, MR. THURM SECONDED MOTION. MOTION PASSED UNANIMOUSLY. UNFINISHED BUSINESS ITEM Z. DISCUSSION 8E: OUTDOOR DISPLAY OF MERCBANDISE MR. McCONNELL CONTACTED NEIGHBORING TOWN'S TO FIND OUT THEIR POLXCIES ON OUTDOOR DISPLAY OF MERCHANDISE. HE REPORTED THAT THE POLICE CHECK FOR OCCUPATIONAL LICENSES. IF A LICENSE SAS 'NOT BEEN OBTAINED, THE VENDOR IS ASKED TO LEAVE. THE CITY ATTORNEY POINTED OUT THAT THE CODE ENFORCEMENT BOARD MAY. BE ABLE TO ALLEVIATE THIS PROBLEM ONCE IT BECOMES OPERAT20NAL. MR. MCCONNELL MOVED TO REVIEW THIS ITEM 1N THREE MONTHS. MR. MILLIKEN SECONDED MOTION. MOTION PASSED- UNANIMOUSLY. ASSED-UNANIMOUSLY. THERE BEING NO FURTHER BUSINESS, THE MEETING WAS ADJOURNED AT 9:30 P.M. APPROVED THIS {i�DAY OF� ' ? , 1984 . tdd�� CHAIRMAN _ SE A P Z BOARD 3-2$-64 PAGE 3 OF 3 Sid W*Z:60 v032 6© 'qrJe}' Lv?-t 898 TEC: 'ON YUJ �3di7 -0 11I0: W08J JAN-27-2004 12:49 WE JN SOILEAU DELED P.03 coLn r !♦ o In C-, ,n (� .� CJ Cie �. a H rry a w QEL Z N U- 0 L o O0 oa T..AL Z W W m �- 1 H� +1 un °° UW � � d UJI Q � OO u uw u N z M - - a H N m :-F-O1 U ~ rn H Ln LnZ -W m a N Lr) O r-1 dW W o N oa d. Z W x �, a SLI Lij � m is. w A. 'i �. u� u' 01. Z' CL: CW7 t9 U ?�CDH �O ¢ rA UN W L ictnwaz r: o Y v � Q w w ; w a x m a w x F:� > cq 4,. zZ H U r 7 W Ill W 2 • Z ! 3 p W Z_ O v x r W v.. Ch W : 0L C1 �£i 114. 40�, Z o a 1 -4 H W V z a� Q d o a x ' W N E U2 z ��' �W a 9 a aj k w 0 : ❑ E/2a : ks� Q Iia �► I \ ' � � � � ° `� EXHIBIT 5 Chapter 115 VESTED RIGHTS Article I. In General Sec. 115-1. Purpose and intent. Sec. 115-2. Definitions. Sec. 115-3. Vested rights permits,effect. Sec. 115-4. Exhaustion of administrative remedies required. Sec. 115-5. Standards for determining vested rights. Sec. 115-6. Permit expiration;substantial deviations,etc. Sec. 115-7. Application for vested rights determination. Sec. 115-8. Review and recommendation by city attorney. Sec. 115-9. Supplemental evidence. Sec. 115-10. Vested rights agreements. Sec. 115-11. Public hearing. Sec. 115-12. Issuance vested rights permit. Sec. 115-13. Judicial review. i Supp.No. 12 CD115:1 EXHIBIT 7 VESTED RIGHTS § 115-2 ARTICLE I. IN GENERAL. to proceed under, not merely to prolong the effectiveness of, the development or- Sec. 115-1. Purpose and intent. der or permit or approval in question. In recognition of the fact that certain land (6) Development shall mean the carrying out development rights of property owners may be or of any building activity or the making of become vested with respect to the city's compre- any material change in the use or appear- hensive plan and land development regulations ance of any structure or land. adopted to implement the comprehensive plan,it ` is the intent of this article to provide for a fair and (7) Developrrlent order shall mean any order equitable process for the determination of whether issued by the city granting, denying or a property owner has vested rights. granting with conditions an application (Ord. No. 27-2003, § 2, 11-18-03) for a development permit as that term is defined in F.S. § 163.3164. Sec. 115-2. Definitions. (8) Good faith shall mean honesty of inten- (a) The following words, terms and phrases, tion,and freedom from actual or construc- when used in this article,shall have the meanings tive knowledge of circumstances which ascribed to them in this section,except where the ought to put the holder upon inquiry. context clearly indicates a different meaning: Good faith shall not encompass dishonest, fraudulent or deceitful action, ignorance (1) City attorney shall mean the city attorney of the law, mistake of law, circumvention of the City of Cape Canaveral, Florida. of legal requirements,,or delay resulting (2) City council shall mean the city council of from neglect or lack of diligence. the City of Cape Canaveral. Florida. (9) Land shall mean the earth,water and air (3) City manager shall mean the city man- above, below, or on the surface, and in- ager for the City of Cape Canaveral,Flor- cludes any improvements or structures ida. customarily regarded as land. (4) Comprehensive plan shall mean the com- (10) Parcel of land shall mean any quantity of prehensive plan for the City of Cape land capable of being described with such Canaveral, in accordance with the Local definiteness that its location and bound- Government Comprehensive Planning and aries may be established, which is desig- Land Development Regulation Act (Sec- nated by its owner or developer as land to tions 163.3161 - 163.3243, Florida Stat- be used or developed as a unit or which utes), as such plan may be amended from has been used or developed as a unit. time to time. (5) Construction shall mean the introduction (11) Party shall mean--.- and ean:- and use at the development site of both a. A specifically named person whose labor and materials in the assembly and substantial interests are being deter- erection of the structures or infrastruc- mined in a vested rights proceeding. ture associated with the particular devel- opment. Such construction shall be per- b. Any other person who is entitled to formed in a manner consistent with the participate in the vested rights de- City Code and the development permits termination because the person's sub- which have been issued by the city. Con- stantial interests may be affected by struction typically means more than mere the determination, and who makes clearing, grubbing, grading, and staking an appearance before the city coun- the development site and includes good- cil at the vested rights determina- faith efforts on the part of the landowner tion proceeding. Supp.No. 12 CD 115:3 §115-2 CAPE CANAVERAL.CODE C. Any other person allowed by the city and subject to compliance with such laws and council for good cause shown to in- regulations against which the development is tervene or participate in the vested vested. rights determination. (Ord. No. 27-2003, § 2, 11-18-03) d. Any agent, representative, or coun- sel of any person described in sub- Sec. 115-4. Exhaustion of administrative paragraphs a.,b., or c. above. remedies required. (12) Person shall mean an individual,corpora- No applicant, claiming that`this article as applied to a particular property constitutes or tion, partnership, governmental agency, would constitute an abrogation of vested rights, business trust, estate, trust, association, may pursue such claim in court unless the appli- two or more persons having a joint or cant has first exhausted the administrative rem- common interest, or any other legal en- edies provided in this article. tity. (Ord. No. 27-2003, § 2, 11-18-03) (13) Structure shall mean anything constructed, installed or portable, the use of which Sec. 115-5. Standards for determining vested requires a location on a parcel of land. It rights. includes a movable structure while it is located on land which can be used for (a) An application for a vested rights determi- housing, business, commercial, agricul- nation shall be approved if the applicant has tural, or office purposes either tempo demonstrated all of the following: rarity or permanently. "Structure" also (1) The applicant,in reliance upon the valid;` includes fences, billboards, swimming unexpired act of the city, has made a pools,poles,pipelines,transmission lines, substantial change in position or has in- tracks, and advertising signs. curred extensive obligations or expenses; (14) Subdivision shall mean any subdivision and of land as defined in section 98-1, City (2) The applicant's reliance was reasonable Code. and in good faith; and (Ord. No. 27-2003, § 2, 11-18-03) (3) It would be inequitable, unjust or funda- mentally unfair to destroy the rights ac- Sec. 115-3. Vested rights permits, effect. quired by the applicant by means of the city's act or omission. (a) Any person may request from the city a '. determination of whether the person's right to The criteria set forth above shall not be deemed complete a development is vested pursuant to this an exclusive statement of the grounds for de- article, notwithstanding that all or some part of de- termining that the right to develop of to'con- the development 'is inconsistent with the city's tinue the development of property exists. The comprehensive plan or land development regula- city may also consider applicable statutory and tions. Such request shall be made by way of case law legal authority application in accordance with the procedures (b) The purchase of property in reliance on described in this article. then existing zoning is not by itself sufficient to vest the purchaser's right to develop in accor- (b) Possession of a vested rights permit shall dance with said zoning. enable a permit holder to complete the develop- ment approved under such permit, up to and (c) The following are not considered develop- through issuance of appropriate certificates of ment expenditures or obligations, as contem- occupancy. This right to continue the develop- plated by subsection(a)(1)above,which would be ment is subject to the limitations provided herein sufficient for the vesting of development rights, Supp.No. 12 CD115:4 VESTED RIGHTS § 115-7 unless the applicant was unable to obtain further (c) Any substantial change or substantial de- approvals because of extraordinary delays beyond viation from the terms of the development order the applicant's control: upon which a vested rights permit was predicated shall cause the change or deviation to become (1) Expenditures for legal and other profes- subject to the comprehensive plan and land de- sional services that are not related to the velopment regulations. design or construction of improvements; (Ord. No. 27-2003, § 2, 11-18-03) (2) Taxes paid; or Sec. 115-7. Application for vested rights de- (3) Expenditures for initial acquisition of the termination. land. (a) Filing of application. Any party who be- heves they are entitled to a vested rights permit These expenditures may, however, be consid- for a particular development shall complete, exe- ered in conjunction with other expenditures or cute, and file an application for a vested rights obligations incurred by an applicant to demon- permit with the city manager,in accordance with strate reliance upon an act or omission of the this section. city. (Ord. No. 27-2003, § 2, 11-18-03) (b) Due date. The purpose for which vested rights permits are issued is to provide certainty and predictability in the use and conveyance of Sec. 115-6. Permit expiration;substantial de- land and interests therein. There is no deadline, viations, etc. therefore, for applying for a vested rights permit. (a) The purpose of this article is only to specify However, a party shall have waived and aban- the circumstances under which a person may doned any claim to vested rights for a particular undertake or continue the development of land property if an application for a vested rights despite the inconsistency of the development with permit is not filed within 30 days after the follow- the city's comprehensive plan and land develop- mg actions: ment regulations.Nothing in this article shall act (1) Denial of a development order for that to create rights that otherwise do not exist.There- property, when the denial is based on fore, upon the expiration of any development inconsistency with the city's comprehen- order or permit or approval that serves as the sive plan or land development regulations predicate for the property owner's right under or failure to meet the concurrency require- this article to develop, the rights granted under ments of the comprehensive plan; the article shall likewise expire. Also, if any (2) Receipt of notice of a proposed rezoning or application for a permit or other approval is future land use map amendment initiated denied, or if the application is granted but the by the city for that property. permit or approval later expires for lack of con- _ struction or otherwise, and if the submission of (c) Contents of dpplication'. The application the application serves as the predicate for the shall contain at a minimum: rights granted under this article, then the rights (1) The name of property owner; granted hereunder shall also expire. (2) The address of property owner; (b) Furthermore, any such development shall (3) The telephone number of property owner; continue to be subject in all respects to all laws, ordinances, rules, and regulations and shall con- (4) The project name, if applicable; tinue to be subject to all terms, conditions, re- (5) The street address of property, if known; quirements and restrictions contained in any de- (6) The legal description for the property; velopment order or permit or approval or binding letter of vested rights pertaining to the particular (7) A statement providing the factual basis development. upon which the application is brought and Supp.No. 12 CD115:5 § 115-7 CAPE CANAVERAL CODE the legal basis upon which the application ant to this article.The city attorney shall have the is based. To comply with this provision it authority to request additional information from is recommended an applicant submit a the applicant or interested persons which is rele- memorandum of law researched and pre- vant to the vested rights determination.No appli- pared by a licensed Florida attorney; cation shall be deemed complete until all informa- (8) All supporting information, including de- tion requested has been supplied or until such velopment orders and permits, contracts, request is withdrawn. letters, appraisals, reports, or any other (b) Unless additional time is`granted by the documents, items or things upon which city council, the city attorney shall prepare a the application is based; preliminary nonbinding report within 45 Galen- (9) A list of the names, addresses, and tele- dar days after receipt of a complete and sufficient phone numbers of any witnesses whom application. The report shall be supported by the applicant shall present in support of written findings of fact and conclusions of law the application and a summary of the based on the information and evidence furnished testimony of each witness; and at the application stage. (10) Any other information reasonably re- (c) The city attorney shall submit the report to re- quired by the city manager or city attor- the city council. A copy of such report shall be ney. provided to the applicant and the city manager. An incomplete or insufficient application shall be returned to the applicant for additional (d) Upon receipt of the city attorney's report, information. the city manager shall schedule a public,hearing (d) Certification by and continuing obligation before the city council regarding the application Of applicant. for vested rights. (Ord. No. 27-2003, § 2, I1-18-03) (l.) The signature of the applicant, or any agent or attorney for the applicant, upon Sec. 115-9. Supplemental evidence. the application shall be required and con- stitute a certification that the person sign- Within seven calendar days after receipt of the ing the application has read the applica- written report by the city attorney, the applicant tion and relevant supporting information may supplement the information contained in and that to the best of the person's knowl- their application. edge and belief the same is true and (Ord. No. 27-2003, § 2, 11-18-03) correct. (2) Until the proceedings to grant or deny the Sec. 115-10. Vested rights agreements. application are final (including the time during which judicial appeals are pend- Nothing contained in this article shall prohibit ing),the applicant shall have a continuing the city council from entering into a vested rights obligation to correct any statement or agreement with a party for purposes of resolving representation found to have been incor- any claim for vested rights. rect when made or which becomes incor- (Ord. No. 27-2003, § 2, 11-18-03) rect by virtue of changed circumstances. (Ord. No. 27-2003, § 2, 11-18-03) Sec. 115-11. Public hearing. Sec. 115-8. Review and recommendation by (a) The city manager shall schedule a public city attorney. hearing before the city council to be held within (a) To facilitate the city council's review of a 30 days of the city manager's receipt of either (i) vested rights application, the city attorney shall the written report by the city attorney; or (ii) a review all applications and evidence filed pursu- proposed vested rights agreement. Supp.No. 12 CD115:6 VESTED RIGHTS § 115-13 (b) All hearings shall be open to the public and The decision shall be filed with the city manager shall be advertised in a newspaper of general and a copy provided to the applicant by certified circulation not less than ten days prior to the date mail, return receipt requested. of the hearing. (Ord. No. 27-2003, § 2, 11-18-03) (c) The parties before the city council shall be Sec. 115-12. Issuance vested rights permit. the applicant, the applicant's witnesses, if any, city staff,interested members of the public,if any, If the application for a vested rights permit is and witnesses of the interested members of the granted, the. city manager shall issue a vested public,if any.Any interested member of the public rights permit allowing the applicant to develop or who participates at the hearing shall leave his or continue to develop the vested development in her name and mailing address with the city clerk. question, notwithstanding any provision of the city's comprehensive plan or land development (d) Testimony and evidence shall be limited to regulations with which the continued develop- matters directly relating to the application and ment would otherwise appear to be inconsistent. development. Irrelevant, immaterial or unduly (Ord. No. 27-2003, § 2, 11-18-03) repetitious testimony or evidence may be ex- cluded. Sec. 115-13. Judicial review. (e) The applicant shall have the burden of Any person aggrieved by a final decision of the city council under this article shall have the right coming forward with the evidence and the burden to appeal the final decision to a court of competent of proof. The decision of the city council shall be jurisdiction. The record before the circuit court based on competent substantial evidence. shall consist of the complete record:of the proceed- (f) ings before the city council.Minimum due process procedures shall ap- (Ord. No. 27-2003, § 2, 11-18-03) ply including notice,an opportunity to be heard in person or by counsel, and the right to cross- examine witnesses. Cross-examination shall be confined as closely as possible to the scope of direct testimony. The city council reserves the right to call and question witnesses or request additional evidence as they deem necessary and appropriate. To that end,if during the hearing the city council believes that any facts, claims, or allegations necessitate review and response by either the applicant, city staff,or both,then the city council may continue the hearing until a date certain. The city council shall decide all questions of procedure and standing. (g) The city council shall approve or deny in whole or in part the claims of the applicant.Such decision shall be rendered in writing within 14 calendar days after the hearing concludes. The decision of the city council shall contain findings of fact and conclusions of law, and shall provide the legal description of the property to which it applies. It may contain reasonable conditions necessary to effect the purposes of this article. Supp.No. 12 CD115:7 FROM :CITY OF CAPE CANAVERAL FAX NO. :321 868 1247 Feb. 13 2004 05:11PM P1 YOU ARE HEREBY DIRECTED TO: STOP WO RK ALL WORK ON THIS IMPROVEMENT MUST STOP UNTIL THE CITY OF CAPE CANAVERAL BUILDING REGULATIONS HAVE BEEN COMPLIED WITH REGARDING: oom POSTED DATE: OFFICE OF THE BUILDING DEPARTMENT CITY OF CAPE CANAVERAL, FLORIDA ILDING FICIAL EXHIBIT 8 FROM :CITY OF CAPE CANAVERAL FAX NO. :321 868 1247 May. 12 2004 08:38AM P2 ......... City of Cape Canaveral, Florida BUILDING NEW CONSTRUCTION 1848 PHONE: 321-868-1222 INSPECTION$&FAX:888-1247 s} Permit Number: 1848 Address: FOUNDATION ONLY 1-A UNIT 1 Permit Type: FOUNDATION ONLY CAPE CANAVERAL, FL Class of Work: NEW INSTALLATION Township: 24 Range: 37 Book: 21 Proposed Use: TOWNHOUSES Lot(s):33 Block: Section: 14 Square Feet: 1,627 Subdivision: MADISON CAY Est.Value: 107,000.00 Parcel Number: 243714 33, Improv. Cost: Date Issued: 12123/2003 Name: SAND IN THE SHOES INC Total Fees: 100.00 Address: 33 WEST POINT DRIVE Amount Paid: COCOA BCH FL 32931 Date Paid: j. Phone: _........__..-._.. ---- - ........ _... Work Desc: FOUNDATION ONLY SMITH, PENNY E. (407)859-2608 FOUNDATION 100.00 HOOG ELECTRIC COMPANY ER0002842 BREVARD PLUMBING PLATT'S AIR CONDITIONING &HEATING, INC. - , - r FOOTING V SLAB Form Board Survey UNDERGROUND PLUMBING UNDERGROUND ELECTRIC FINAL CAB Items,If applicable - ' - "NOTE; A155M SNAL INSPECTIONS MAY BE Oi7iitEb.' APPLICATION ACCEPTED BY: PLANS CHECKED BY: APPROVED BY _ NOTICE:THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS,OR IF CONSTRUCTION OR WORK IS SUSPENDED,OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER WORK IS STARTED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THF PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION_,___ _,_, _.. --••• WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR ANY ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. I I -�< - BY/D TE r L AU HO )ZED S GNATURE/DATE i ISSU D - '�h 5 '1 h- EXHIBIT 9 FROM :CITY OF CAPE CANAVERAL FAX NO. :321 868 1247 May. 12 2004 08:39AM P3 City of Cape Canaveral, Florida BUILDING NEW CONSTRUCTION 1849 VNONE 321.868-1222 INSPECTION$&FAX:868-1247 Permit Number: 1849 Address: FOUNDATION ONLY 1-A UNIT 2 � Permit Type: FOUNDATION ONLY CAPE CANAVERAL, FL Class of Work: NEW INSTALLATION � Township: 24 Range: 37 Baok: 21 Proposed Use: TOWNWOUSE$ � Lot(s):33 Block: Section: 14 Square Feet: 9,627 Subdivision: MADISON CAY Est.Value: 107,000.00 Parcel Number: 243714 34 Improv. Cost: ^8 Date Issued: 12/23/2003 �y Name: SAND IN THE SHOES INC Total Fees: 100.00 Address: 33 WEST POINT DRIVE Amount Paid: COCOA BCH FL 32931 Date_ Paid: Phone: Work Desct -FOUIVDA.TION ON ONLY INS *10 SMITH, PENNY E. (407)859-2608 FOUNDATION 100.00 HOOG ELECTRIC COMPANY ER0002842 BREVARD PLUMBING PLATTS AIR CONDITIONING & HEATING, INC. i I . FOOTING SLAB orm oard Survey :UNDERGROUND PLUMBING UNDERGROUND ELECTRIC FINAL :CAB items,if appliCable I NOTE::-ADDITIONAL INSPECTIONS MAY SE-P2 DIFItb. APPLICATION ACCEPTED BY: PLANS CHECKED BY; APPROVED BY:,, NOTICE:THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 8 MONTHS,OR IF CONSTRUCTION OR WORK IS SUSPENDED,OR ABANDONED FORA PERIOD OF 8 MONTHS AT ANYTIME AFTER WORK IS-STARTED. I HERF..BY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BE TRUE AND CORRECT, ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. i WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR ANY ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT, -All Pf�1-t- ISS ED (DATE AUTH IZED SIGNATURE/DATE 2 �i FROM :CITY OF CAPE CANAVERAL FAX NO. :321 868 1247 May. 12 2004 08:39AM P4 City of Cape Canaveral, Florida --- BUILIDING NOW CONSTRUCTION 1850 PHONE: 357.868-1222 INSPECTIONS S,FAX:868-1247 7 Permit Number: 1850 Address: FOUNDATION ONLY 2-A UNIT 1 Permit Type: FOUNDATION ONLY CAPE CANAVERAL, FL Class of Work: NEW INSTALLATION Township: 24 Range: 37 Book: 21 Proposed Use: TOWNHOUSES � Lot(s):38 Block: Section: 14 Square Feet: 1,627 I Subdivision: MADISON CAY Est. Value: 107,000.00 Parcel Number: 243714 38 Improv, Cost: ' Date Issued: 12/23/2003 Name: SAND IN THE SHOES INC Total Fees: 100.00 ; Address: 33 WEST POINT DRIVE Amount Paid: COCOA BCH FL 32931 Date Paid: Phone: Work Desc: FOUNDATION ONLY _ SMITH. PENNY E. (407)859-2608 FOUNDATION 100.00 HOOG ELECTRIC COMPANY ER0002842 BREVARD PLUMBING PLATT'S AIR CONDITIONING & HEATING, INC. FOOTING SLAB Form Board Survey .UNDERGROUND PLUMBING UNDERGROUND ELECTRIC FINAL CAB items,If applicable NOTE: ADiWONAL INSPECTIONS MAY BE OiAA15:D. APPLICATION ACCEPTED BY: PLANS CHECKED BY: APPROVED BY; NOTICE:THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS,OR IF CONSTRUCTION OR WORK IS SUSPENDED,OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER WORK IS STARTED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL ThrPROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. WARNING TO OWN1=R: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR ANY ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. i I� f I IISS D B ATE AUT RIZ D SIGN UP MATE 6 FROM :CITY OF CAPE CANAVERAL FAX NO. :321 868 1247 May. 12 2004 06:40AM P5 City of Cape Canaveral, Florida I BUILDING NEW CONSTRUCTION 851 PHONE: 321-868-1222 INSPECTIONS&FAX:868-1247 Permit Number: 1851 Address: FOUNDATION ONLY 2-A UNIT 2 ' Permit Type: FOUNDATION ONLY CAPE CANAVERAL, FL Class of Work: NEW INSTALLATION Township: 24 Rana: 37 Book: 21 Proposed Use: TQWNHOUSES Lot(s):39 Qlock: 3ection: 14 Square Feet: 1,627 Subdivision: MADISON CAY Est. Value: 107,000.00 Parcel Number: 243714 39 Improv, Cost: Date Issued: 12/23/2003 Name: SAND IN THE SHOES INC Total Fees: 100.00 Address: 33 WEST POINT DRIVE Amount Paid: COCOA BCH FL 32931 Date Paid: Phone: Work Desc FOUNDATION ONLY SMITH, PENNY E. (407)859-2608 FOUNDATION 100.00 HOOG ELECTRIC COMPANY ER0002842 BREVARD PLUMBING PLATT'S AIR CONDITIONING& HEATING, INC. i I i I i l I F0071N :SLAB Form Board Survey -UNDERGROUND PLUMBING UNDERGROUND ELECTRIC `FINAL CAB Items,if applicable I __.._____.._..___.._.._._...._....-....____..._.__..._... .--- ROTE:"ADDITIONAL INSPECTIONS MAY BF,B,EQUIRED. APPLICATION ACCEPTED BY: PLANS CHECKED BY:. APPROVED BY NOTICE:THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS,OR IF CONSTRUCTION OR WORK IS SUSPENDED,OR ABANDQNED FOR A PERIOD OF 6 MONTHS AT ANYTIME AFTER WORK IS STARTED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. „-,_-__•„ WARNING TO OWNER; YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR ANY ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT, A TH ZED SIG f ISS EDB /DATE U NATUREJDATE 7.S j ''/ / FROM :CITY OF CAPE CANAVERAL FAX NO. :321 868 1247 May. 12 2004 08:40AM P6 City of Cape Canaveral, Florida BUILDING NEW CONSTRUCTION ✓1852 PHONE: 321.868.1222 INSPECTIONS&FAX:868.1247 - P.ERMJT:INFORMATION - LOC ATI.O,I�f yPIFORMATION.. :_::::= Permit Number: 1852 Address: _UN D ONLY 2-A UNIT 3 - Permit Type: FOUNDATION ONLY CAPE CANAVERAL, FL Class of Work: NEW INSTALLATION Township: 24 Range: 37 Book: 21 Proposed Use: TOWNHOUSES Lots):40 Block: Section: 14 Square Feet: 1.627 Subdivision: MADISON CAY Est. Value: 107,000.00 Parcel Number: 243714 40= . Cost: Improv. P • ;•.:':.�� -.OWNER:INF:ORM1.�t1`CaM.,:.�:=sk�`:�,�::u:: :_-_,,_.�__ Date Issued: 12/23/2003 Name: SAND IN THE SHOES INC Total Fees: 100.00 Address: 33 WEST POINT DRIVE Amount Paid: COCOA BCH FL 32931 _ Date Paid; _ Phone: Work Desc •..FOUNDATION ONLY-.. 'CONTRAGTpR(S). ::AP;PLICATION`FEES .,.�:, ,.'.:"?:,::.a :.:'fir' �-i •'-�`.: .:. 1.:.c SMITH CONSTRUCTION & DEVELOP (407)859-260 FOUNDATION 100.00 HOOG ELECTRIC COMPANY ER0002842 BREVARD PLUMBING PLATT'S AIR CONDITIONING & HEATING, INC. :;.•Y F;'-„y• �e,• 'S-.` info C. i .. ,....i. .••......,.oma, :..K"�t`a . .... .. . .._., ::•..:,, , �'` .R:.::In 1:;:�:a•• ec�lons�Re ulr'ed' .. _ • � �,�•.. ..,..��: FOOTING 5LA13 form board burvey (iE1TGTFaUND PLUMBING UNDERGROUND ELECTRIC FINAL CAB items,if applicable VOTE XMMONAL INSPECTION$MAYBE APPLICATION ACCEPTED BY: PLANS CHECKED BY: APPROVED BY: NOTICE:THIS PERMIT BECOMES NULL.AND VOID IF WORK OR CONSTRUCTION AUTH�ORIZ�ED�IS NOT COMMENCED WITHIN 6 MONTHS,OR IF CONSTRUCTION OR WORK IS SUSPENDED,OR ABANDONED FOR A PERIOD OF 6 MONTHS ATANY TIME AFTER WORK IS STARTED_ 1 HEREBY CERTIFY THAT 1 HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL B6 COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT 0098 NOT PRESUME TO GIVE AUTHORITY TO VIOLATE UR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR ANY ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT.— . ISSU BY/Q TE U RIZED SIGNATURE/DATE 5 FROM :CITY OF CAPE CANRUERAL FAX 110. :321 B68 1247 May. 12 2004 08:41AM P7 - City of Cape Canaveral, Florida f� BUILDING NEW CONSTRUCTION / ✓1853 PHONE: 521-868-1222 INSPECTIONS&FAX.868-1247 'PERMIT INFORMATION:_,:v„�_ :_:_:LOCATIO•N•INFO'RMATION ,�• Permit Number: 1853 Address: FOUNDATION ONLY 2-B UNIT 1 Permit Type: FOUNDATION ONLY CAPE CANAVERAL, FL Class of Work: NEW INSTALLATION Township: Range: Book: Proposed Use: TOWNHOUSES Lot(s): Block: Section: Square Feet: Subdivision: MADISON CAY Est. Value: Parcel Number: Improv. Cost: OWN R'I:NF'O•RMATION.:_T' Date Issued: 12/23/2003 Name: SAND IN THE SHOES INC Total Fees: 100.00 Address: 33 WEST POINT DRIVE Amount Paid: COCOA BCH FL 32931 Date Paid: Phone: Work Desc: -FOUNDATION ONLY ........... _ CONTRACTOR(S•? ' SMITH, 'FENNY E. (407)859-2608 - - FOUNDATION 100.00 HOOG ELECTRIC COMPANY ER0002842 BREVARD PLUMBING PLATT'S AIR CONDITIONING & HEATING, INC, -�: :4r:: :�,:_;: = x-�; :� , ris eatiohis Re uireci ..,.,..-. ... „...: POOTIIVG SLAB c,rrnT3�a�a Survey 11NS tGROUND PLUMBING UNDERGROUND ELFC'rRIC FINAL CAB hems,if appligablH EPEE BY; ITIONALTf�BPECTIONS MAY 8E REQUIRED. APPLICATION ACCEPTED BY-Tf.I,., PLANS CHECKED BY:Zm APPROVED BY:Tm.. _ NOTICE:THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS,OR IF CONSTRUCTION OR WORK IS SUSPENDED,OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER WORK IS•STARTED_ I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO Be TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION- -----•-•-•- --- -' ”— --" WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR ANY ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. - AUT RIZED SIGNATURE/DA E ISS D 8Y ATE e. FROM :CITY OF CAPE CANAVERAL FAX NO. :321 868 1247 May. 12 2004 08:41AM Pe _� • City of Cape Canaveral, Florida BUILDING NEW CONSTRUCTION 1854 PHONE. 321-868-1222 INSPECTIONS&FAX:868.1247 INFORMATION ---------..::'_ ...... :. .;. :LOCATION-INORMA_TI:ON'', Permit Number: 1854 Address: FOUNDATION ONLY 2-B UNIT 2 Permit Type: FOUNDATION ONLY CAPE CANAVERAL, FL Class of Work: NEW INSTALLATION Township: Flange: Book: Proposed Use: TOWNHOUSES Lot(s): Block: Section: Square Feet: Subdivision: MADISON CAY Est. Value: Parcel Number: Improv, Cost: ' :..._...----' QWNER.:INFORiVI�7,1ION..,:�:;�:w:•;;:�;;;;;�;,�..-.:� : µ� Date Issued: 1 2/2 312 00 3 Name: AND IN THE SHOES INC Total Fees: 100.00 Address: 33 WEST POINT DRIVE Amount Paid: COCOA BCH FL 32931 Date Paid: Phone: Work Desc: FOUNDATION ONLY :.CO'NTRAG�TOR S :-.`.­-APPLICATIONJ:••,;«„..;a ( __._: ,. 'FEi=S SMITH, PENNY E. (407)859-2608 FOUNDATION 100.00 HOOG ELECTRIC COMPANY ER0002842 BREVARD PLUMBING PLATT'S AIR CONDITIONING & HEATING, INC. tcYhe: ev'.'•:i;:ixy1%-: .:,. •,:,,..:,7w:r,..,..pasc' - ,.il'.5`�"'.::•+":: }r,_ iii'}.-:•d..ee.: ..+y``;$S+'w. J:$-f' �_+e.i.k:: .,tr;jii 'vso�.h�!z'' ..�• ..:.a`: JA.1':w_ :�'`+��?:'.''.' i';.. <: II i=sr•, rR.. ..,. :X•:� . Inspctldfs`Re' F730—FINF730-FINU Form Board Survey UNDE.r UNDERGROUND ELECTRIC FINAL CAB ilerns,it applicable I "IVOT_E: D-DTTIONAL IN f S MAY BE REQUIRED APPLICATION ACCEPTED BY:T m PLANS CHECKED BY: Tn1. APPROVED BY: NOTICE:THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCED WITHIN 6 MONTHS,OR IF CONSTRUCTION OR WORK IS SUSPENDED,OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANY TIME AFTER WORK)$-STARTED. I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO(3)VF AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION, — WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR ANY ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. -.AS _ e,�4�T S B A EUT ORIZIGNATURE FROM :CITY OF CAPE CANAVERAL FAX NO. :321 e6e 1247 May. 12 2004 oe:42AM P9 City of Cape Canaveral, Florida i BUILDING NEW CONSTRUCTION 1855 PHONE: 321.868.1222 INSPECTIONS&FAX.-868-1247 -PERMIT INFORMATION. :.LOCATION")NFORIV�ATION 77777 ; . -... ... .._— –1...._ Permit Number: 1855 Address: FOUNDATION ONLY 2-B UNIT 3 Permit Type: FOUNDATION ONLY CAPE CANAVERAL, FL Class of Work: NEW INSTALLATION Township: Range: Book: Proposed Use: TOWNHOUSES Lot(s): Block: Section: Square Feet: Subdivision: MADISON CAY Est.Value: Parcel Number: _ Improv. Cost: 'OWN.ER:INF.ORMATI-ON. Date Issued: 12/23/2003 Name: SAND IN THE SHOES INC Total Fees: 100.00 Address: 33 WEST POINT DRIVE Amount Paid: COCOA BCH FL 32931 Date Paid: Phone: Work Desc: FOUNDATION ONLY ;t:CONT.'RACTpR.IS')'" ;:APILICATION FEE5 SMITH. PENNY E. (407)8592608 T FOUNDATION 100.00 HOOG ELECTRIC COMPANY ER0002842 BREVARD PLUMBING PLATT'S AIR CONDITIONING & HEATING, INC. .•r.. v, :fin._ .4.. ,i.. :::° .�., i .!°�%: y, F:•=.`'�'M"-:'rz'ti�y'..;:""'i:; ns-'Re"'uired - � .:.� 'r;:;;:. ,:' ... , s::.. FUUTINLi 'LA u'rin Board Survey NDERGRU� UN�D PL 1GfBINQ I1Ni>FNGROUND ELECTRIC FINAL CAB items,if applicable 1V'OTE D*1f131T1CCINSPEZ°Tf Nr,MAY BER1='CU RED------- APPLICATION ACCEPTED BY:_Tlt— PLANS CHECKED BY:�-rL APPROVED BY: NOTICE:THIS PERMIT BECOMES NULL AND VOID IF WORK OR CONSTRUCTION AUTHORIZED IS NOT COMMENCE=D WITHIN 6 MONTHS,OR IF CONSTRUCTION OR WORK IS SUSPENDED,OR ABANDONED FOR A PERIOD OF 6 MONTHS AT ANYTIME AFTER WORK IS STA'RTED.- I HEREBY CERTIFY THAT I HAVE READ AND EXAMINED THIS DOCUMENT AND KNOW THE SAME TO BE TRUE AND CORRECT. ALL PROVISIONS OF LAWS AND ORDINANCES GOVERNING THIS TYPE OF WORK WILL BE COMPLIED WITH WHETHER SPECIFIED HEREIN OR NOT. GRANTING OF A PERMIT DOES NOT PRESUME TO GIVE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY OTHER STATE OR LOCAL LAW REGULATING CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION__• _,_• -__.. _. —•• - - --- - WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR ANY ATTORNEY BEFORE RECORDING YOUR NOTICE OF COMMENCEMENT. txI "' -- A T; RIZ ED SIGNATUREIDATE SUED`� BY/DATE FROM :CITY OF CAPE CANAVERAL FAX NO. :321 868 1247 May. 12 2004 0e:42AM P10 lIUW UJ Uj lia.- li -cr, ;4m SH 1'rm 111:1-30-03 jr, M,,rk Det-mon 3ZI-a9g-1074 P.02 CITY OF CAPE CANAVERAL. A("THORIZATION Foltr I N'N May Alit 11.3f ialinp: "Ine VA113,11)ra.,I., "RAO"WR AN')-14vccoN,rpAcrL)ns_FI.!:A-SL I IAYI:YOLIK Sj('JNA'jl;jj \,t)'rAR!41:U AND 1?1:y ' MIN. Tcm $N1-ictmprl illy l:.I!v k6uicd b)It---D'I"ot J(wt;Wj;)':L"l-C­nru.-iior.111dustry Lictnishij Ijilaw-CDC 051164 rc, .4ilk uvs,:ribgd Wiuw Send iff Vie slion" Im. 77,f:vW—c Snith j Utyt*,p Inc. X Id Cl'!)'Wilcr -—-------------- Addr .. M1dtvicat r P4 W"ITO fill INS ur2�r�,11 of lu 1111. f7 Sts) TIO MY COM41ILT 6m 1 p n= D 2OW6 EXPIRES:Apri 79_20o7 .......... EM rhoN czc avrr.rrv��orv�er�ruLs. acsr�o�r►=.��e� .rirri>si rwnNeta�a�Lr�ee�iai.�.i�a im�oiaaa�w r� FROM :CITY OF CAPE CANAVERAL FAX N0. :321 868 1247 May. 12 2004 08:43AM P11 FROM :CITY OF CAPE CANAVERAL FRX NO. :321 068 1247 Dec. 23 2003 11:399AM Pi CITY OF CAPE CANAVERAL AT-RISK ACKNOWLEDGEMENT FORM for City OrCapp Cwmvwv1 BW4ixV DWwW=d 105 Polk Ave. Capt-mrvwA YL 92920 (321)3681222 Yea tcsa M 06 teas tw )Wt-12v- sdn �r 0,1a- * Iz> d Address: e — hereby request a FOWUMOR-CIAly pemit Ear the jobsite (W troldee"a Nanm••PLEASE PRINT) described ltb0v0- The issum oe of the Foundation-4VY permit does not relieve the applicant from any required tarts And int:pOW01115. The Pee for this special permit is 5100, This permit does not ttttthorize the Contractor to proceed with work beyond the mpnolithic slab, Continuing work beyond thig Point will constitute:violation of FRC 104.6.2 Anti VAU subject the ContrecW to the pertaltiec eat forth thanin_This form in not A permit, j,t_,r,ders=d that thli Is an"At-Risk"> tit VYhich rn t11A�11c-CgUiMpim gMgffl&g<risk of hwng to Pirrarm ro-vlrork t1 S�IIt"r�"•�'ft �m of the Buildin Permit.or Ant? Un By my signrstare below I attest Y understand mnd agree to the conditions sot fortb hvtein U Cacq�Ss�_ 3 o3 51rawre of Licence Holder Limnse Tlwnbw Date For Notary use oaly: Stas*od Florida,Cof BmVAW 20 0 ,> ► � y '...- Sworn mad subawibed bet=are this�_day of�� r of Aonlio.t - y o produced id®"4WOn- or is pum molly knows to ma. 9EYERLYA(.THON(iON /1/J �,; ;y MY COMMISSION 1 Q0 2D6666 seal: EXPIRES:April 20,2007 •KaWy rebllo At UrV 7:Q f r 5w4ed llw MwN Fmw mmrmMn O:�HI�.D�-Petma�Alalric rrdtllolrtplEam�><fbr � rile!Ma say 6e&VUQmi L �,f�. Se� Clue r,;r�•�► �L'/�` Section 104.5.4 of the Florida Building Code provides: Upon approval of the building official, the scope of work delineated in the building permit application and plans may be started prior to the final approval and issuance of the permit provided any work completed is entirely at risk of the permit applicant and the work does not proceed past the first required inspection.