HomeMy WebLinkAboutB. Lennon letters - presented at 8-23-16 BOA Mtg OrLASA\Vck
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8/17/2016
To: The City of Cape Canaveral, Community Development Department
Regarding Variance Request No. 16-02
Sheropa LLC Owned by Patrick T. Lee 400 Harbor Dr. Cape Canaveral, Fl. Has
constructed the following 4 homes for the purpose of res. -D
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127 Oak Lane Cape Canaveral, Florida 32920 l AUG 2 2 2016 J
131 Oak Lane Cape Canaveral, Florida 32920
135 Oak Lane Cape Canaveral, Florida 32920 COM. DEV. DEPT
139 Oak Lane Cape Canaveral, Florida 32920
All 4 homes are in violation of [Section 110-297(a)(1), City Code] to the extent
that a car cannot be parked in the driveway without extending into Oak Lane's
Right of Way. This code requires a minimum front setback to be 25 feet.
This violation has been determined by using the "right of way markers" (ROW)
installed by the City of Cape Canaveral on Oak Lane to define the (ROW) limits of
Oak Lane Cape Canaveral, Florida.
The (ROW) markers installed by the City of Cape Canaveral are in agreement with
the survey I gave to Duree Alexander (Cape Canaveral Code Enforcement) and
Michael German (Cape Canaveral Building Official) for the purpose of defending
my property from encroachment by the Sheropa LLC. developer, prior to Sheropa
LLC starting construction on 127 and 131 Oak Lane.
The (ROW) markers installed by the City of Cape Canaveral are also in agreement
with the surveying markers that the owner of 123 Oak Lane had to pay out of
pocket for the purpose of defending their property from encroachment by the
Sheropa LLC developer.
This violation has created a cascade of problems. Sheropa LLC has removed
asphalt and installed paver bricks and dug a large hole for installing utilities in the
wrong location that is extending as much as 14 feet into Oak Lane's right of way.
Because of this, the heavy volume of two-way construction traffic of large trucks
caused by the Sheropa LLC development on Oak Lane has caused the trucks to
veer towards my property and brush the low hanging power lines. I assume the
rubber tires protect the drivers from electrocution. The large hole continues to
remain open and unprotected for more than 6 months.
On February 23, 2016 I received an e-mail from David Dickey (Community
Development Director of Cape Canaveral) that stated "Please note that a
Certificate of Occupancy will not be issued until this issue is resolved," and again
on March 16 2016 "In my email to you on February 23rd, I explained the situation
and assured you that a Certificate of Occupancy would not be issued until this
issue was resolved." "You ask whether you will be informed of the outcome of
this survey dispute and have a chance to have input or appeal. The affected
parties will be notified of the results of the review." All of my attempts to
resolve this issue have been ignored by David Dickey, and on 5/16/2016 he
covertly issued a Certificate of Occupancy to 131 Oak Lane without informing me
or informing the new owners of the violations. All 4 homes also have issues with
elevation that can potentially cause problems with flooding and sewage backing
up into their homes.
By allowing these homes to be built into the right of way, the city is inferring that
the right of way has been moved, thus changing my property lines, in effect
stealing my property without notice or a hearing. Just because Patrick T. Lee is a
former Mayor of Cape Canaveral does not give him the authority to confiscate a
large portion of my property for his own financial gain or create safety hazards for
the citizens of Cape Canaveral.
I have accumulated 2 years' worth of communications involving this matter that
are available upon request.
Bernard M. Lennon
126 Oak Lane
Cape Canaveral, FL. 32920
abc777@cfl.rr.com
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8/20/2016
Variance Request No. 16-02
Please supply the following information to the Board of Adjustment who are meeting on August 23,
2016 at 6:00 p.m.
Two years ago Sheropa LLC applied for permitting to develop Oak Lane with a faulty survey. I brought
this error to the attention of the developer and the building departments.The building department
decided to issue a permit for 135 and 139 Oak Lane with the knowledge of this error. During the final
construction phase I continued protesting the 25-foot front set back violation and how this would affect
my property.That's when Duree Alexander and Michael German required me to submit a survey to
support my claim.They then took me to the building department and we examined the blue prints for
127 and 131 Oak Lane and I was given an assurance they would not be constructed with the error.
Permitting was issued for 127 and 131 Oak Lane using the faulty survey.That immediately brought it to
the attention of the owner of 123 Oak Lane that the 8-foot side setback was in error. That owner was
also required to submit a survey to support his claim. Sheropa LLC. has prepared a revised survey for this
hearing that is also flawed. David Dickey is suggesting the city relocate the right of way markers to
match the faulty survey. If that were to happen everyone in Cape Canaveral would need to move their
property lines 12 feet north. I propose we deal with the faulty survey submitted by Sheropa LLC so that
would not be necessary.
Bernard Lennon
126 Oak Lane
Cape Canaveral, FL.
Abc777@cfl.rr.com
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To The City of Cape Canaveral, Community Development
Department
Regarding Variance Request No. 16-02
The City of Cape Canaveral Code Enforcement Officer Duree
Alexander and Cape Canaveral Building Official Michael German
required me to submit a survey from a licensed surveyor in the
State of Florida to support my claim that all 4 homes being
constructed by Sheropa LLC. were not located as per the plans
submitted to the City of Cape Canaveral Building Department. I
complied with they're request prior to Sheropa LLC. starting
construction on 127 and 131 Oak Lane Cape Canaveral, Florida.
If you grant this variance you will be giving a large portion of my
property to the former Mayor of Cape Canaveral, Patrick T. Lee's
company Sheropa LLC. without compensation.
Furthermore, a 4-foot variance will not be enough to comply with
Section 110-297(a)(2), City Code.
I strongly oppose Variance Request No. 16-02.
I
Bernard M. Lennon a
126 Oak Lane Cape Canaveral, FL. 32920
abc777@cfl.rr.com
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