HomeMy WebLinkAboutOpposition Cooresp. to Variance 16-02 Patrice Huffman
From: David Dickey
Sent: Tuesday, August 16, 2016 4:44 PM
To: arvoeilau@aol.com
Cc: Patrice Huffman
Subject: RE: BOA Meeting
Hi Arvo.Thanks for the email. Let me address your concern.
Last year the City Council adopted Ordinance No. 11-2015 that established an updated process for the approval of
automotive service stations(Cumberland Farms). In short, stations that existed as of November 17,2015 are considered
lawful, conforming uses. These stations are not subject to the 2000 foot separation requirement.The separation is only
for new stations being proposed—not redevelopment sites.
In fact,the City Code now says that if a station is situated on a parcel of at least one acre and has at least 275 feet of
single street frontage, it can be expanded to allow up to 16 fueling stations. Cumberland Farms meets these criteria.
The intent behind last year's ordinance was to encourage the redevelopment of several of the City's existing stations.
The Cumberland Farms project is doing exactly that.
Let me know if you have any further thoughts/concerns. Dave
''', David Dickey
, Community Development Director
(6-
321.868-1222 x11 321-868-1247*x
_., 110 Polk Avenue.P.O.Box 326
:7' Cape Canaveral,FL 32920
www.cityofcapecaxareraLorg
Launch your connection..
CO
From:arvoeilau@aol.com [mailto:arvoeilau@aol.com]
Sent:Tuesday,August 16,2016 3:50 PM
To: David Dickey<D.Dickey@cityofcapecanaveral.org>
Subject: Re: BOA Meeting
Dave
As you are aware I cannot attend the next BOA meeting.
I wanted to add to the record as Chairmen, that I would appose the Cumberland Farms proposal. The City rules prohibit
gas stations so close , I believe its 2000 feet between them.We would have 4 inside the 2000 foot perimeter. That does
not meet the needs of our rules and the intent to separate gas stations.
Can you please read that into the record.
Thanks
1
Patrice Huffman
From: Bernie <abc777@cfl.rr.com>
Sent: Monday, August 22, 2016 2:08 PM
To: David Dickey
Cc: Andrea Binney; Brendan McMillin; Betty Walsh; Bob Hoog;Cheryl Puleo; Daniel LeFever;
David Dickey; David Greene; Ed Lawson; Gustavo Vergara;John Bond;Joseph Covell;
John DeLeo;Joan Gapud;Jeff Ratliff;Jane Ross;Joshua Surprenant;Jonathan Puleo; Kim
McIntire; Kim Kopp; Mike Brown; Mary Finneran; Mia Goforth; Molly Thomas; Michael
German; Ngan Pham; Patrice Huffman; Patricia Roth;Todd Morley;abc777@cfl.rr.com;
'Alicia Spring'
Subject: RE: David Dickey will not issue a certificate of occupancy to 127 Oak Lane until Bernard
Lennon reviews
Mr. Dickey
Due to only receiving a 13-day notice for tomorrows hearing I will not be able to attend.
Please submit all correspondence I have sent you for the Board of Adjustment to review and enter into the record. If you
have any questions for me, please use this post and I will answer immediately.
Bernard Lennon
126 Oak Lane
Cape Canaveral, FL.
From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org]
Sent: Monday, August 22, 2016 10:25 AM
To: Bernie<abc777@cfl.rr.com>
Subject: RE: David Dickey will not issue a certificate of occupancy to 127 Oak Lane until Bernard Lennon reviews
Good morning Bernie. A hearing is scheduled for tomorrow evening before the City's Board of Adjustment to consider a
setback variance being requested by the owner of 127 Oak Lane.
The City has a codified process for notification of land use actions.This notice provides the date,time and location of the
board meeting so that interested property owners can speak on the issue.The process does not include sending out an
individual notice to property owners regarding the outcome of a hearing.
Yes,the setback matter will need to be remedied before a CO is issued.
I would encourage your attendance tomorrow evening so that you can share your thoughts with the Board.
(7- David Dickey
1„-
iCommunityDevelopment Director
.`_ d dicktVicitvcIrcapeciutavcral a+'g
321.868-1222 x11 321-868-1247 far
110 Polk Avenue.P.O.Box 326
Cape Canaveral.FL 32920
4 t I - wwx:cityoftapecana veral.org
Launch your connection...O 0
1
From: Bernie [mailto:abc777@cfl.rr.com]
Sent:Thursday,August 18, 2016 1:42 PM
To: David Dickey<D.Dickey@cityofcapecanaveral.org>;Andrea Binney<A.Binney@cityofcapecanaveral.org>; Brendan
McMillin<B.McMillin@cityofcapecanaveral.org>; Betty Walsh<B.Walsh@cityofcapecanaveral.org>; Bob Hoog
<B.Hoog@cityofcapecanaveral.org>; Cheryl Puleo<C.Puleo@citvofcapecanaveral.org>; Daniel LeFever
<D.LeFever@cityofcapecanaveral.org>; David Dickey<D.Dickey@cityofcapecanaveral.org>; David Greene
<D.Greene@cityofcapecanaveral.org>; Ed Lawson<E.Lawson@cityofcapecanaveral.org>; Gustavo Vergara
<G.Vergara@cityofcapecanaveral.org>;John Bond<J.Bond@cityofcapecanaveral.org>;Joseph Covell
<J.Covell@cityofcapecanaveral.org>;John DeLeo<J.DeLeo@cityofcapecanaveral.org>;Joan Gapud
<1.Gapud@cityofcapecanaveral.org>;Jeff Ratliff<J.Ratliff@citvofcapecanaveral.org>;Jane Ross
<J.Ross@cityofcapecanaveral.org>;Joshua Surprenant<J.Surprenant@cityofcapecanaveral.org>;Jonathan Puleo
<i.puleo@cityofcapecanaveral.org>; Kim McIntire<K.Mclntire@cityofcapecanaveral.org>; Kim Kopp
<kkopp@orlandolaw.net>; Mike Brown<M.Brown@cityofcapecanaveral.org>; Mary Finneran
<M.Finneran@cityofcapecanaveral.org>; Mia Goforth<M.Goforth@cityofcapecanaveral.org>; Molly Thomas
<M.Thomas@cityofcapecanaveral.org>; Michael German<M.German@cityofcapecanaveral.org>; Ngan Pham
<N.Pham@cityofcapecanaveral.org>; Patrice Huffman<P.Huffman@cityofcapecanaveral.org>; Patricia Roth
<P.Roth@cityofcapecanaveral.org>;Todd Morley<T.Morley@cityofcapecanaveral.org>; 'Alicia Spring'
<asrapp@aol.com>
Subject: RE: David Dickey will not issue a certificate of occupancy to 127 Oak Lane until Bernard Lennon reviews
Mr. Dickey
Can you assure I will be notified of the outcome to violation of[Section 110-297(a)(1), City Code] involving all 4 homes
constructed by Patrick T. Lee prior to issuing a Certificate of Occupancy to 127 Oak Lane?Am I correct in assuming that
violation will need to be resolved before a Certificate of Occupancy?
From: Bernie [mailto:abc777@cfl.rr.com]
Sent:Thursday,August 18, 2016 12:55 PM
To: 'David Dickey'<D.Dickey@cityofcapecanaveral.org>; a.binnev@cityofcapecanaveral.org;
b.mcmillin@citvofcapecanaveral.org; b.walsh@cityofcapecanaveral.org; Bob Hoog<B.Hoog@cityofcapecanaveral.org>;
c.puleo@cityofcapecanaveral.org; d.lefever@citvofcapecanaveral.org; David Dickey
<D.Dickey@cityofcapecanaveral.org>; David L. Greene<d.greene@cityofcapecanaveral.org>;
e.lawson@cityofcapecanaveral.org;g.vergarapcityofcapecanaveral.org;j.bondt cityofcapecanaveral.org;
i.covell@citvofcapecanaveral.org; i.deleo@citvofcapecanaveral.org; i.gapud@citvofcapecanaveral.org;
i.ratliff@cityofcapecanaveral.org;j.ross@cityofcapecanaveral.org;j.surprenant@cityofcapecanaveral.org;Jonathan
Puleo<i.puleo@cityofcapecanaveral.org>; k.mcintire@cityofcapecanaveral.org; 'Kim Kopp' <kkopp@orlandolaw.net>;
m.brown@cityofcapecanaveral.org; m.finneran@cityofcapecanaveral.org; m.goforth@citvofcapecanaveral.org;
m.thomas@citvofcapecanaveral.org; 'Michael German' <M.German@citvofcapecanaveral.org>;
n.pham@cityofcapecanaveral.org; p.huffman@cityofcapecanaveral.org; 'Patti Roth'<p.roth@cityofcapecanaveral.org>;
t.morley@cityofcapecanaveral.org; abc777@cfl.rr.com; 'Alicia Spring'<asrapp@aol.com>
Subject: RE: David Dickey will not issue a certificate of occupancy to 127 Oak Lane until Bernard Lennon reviews
Mr. Dickey
You are free to stop by and inspect the (Right Of Way) markers installed by the City of Cape Canaveral prior to Patrick T.
Lee starting any development on Oak Lane. If you can't find them stop by my house and I will show them to you.
Bernard Lennon
126 Oak Lane
Cape Canaveral
From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org]
Sent:Thursday,August 18, 2016 10:54 AM
2
To: Bernie<abc777@cfl.rr.com>
Subject: RE: David Dickey will not issue a certificate of occupancy to 127 Oak Lane until Bernard Lennon reviews
Bernie—as with all new construction in the City,the CO will be issued once all applicable requirements have been met.
You are free to stop by the City's Building Department and review the file for 127 Oak Lane at any time. Dave
-a
t:. •; �._ David Dickey
Community Development Director
Si d dickcvcitvofcanecanaveral:org
321468.1222 x11 321-868.1247
Z� 110 Po&Avenue.P.O.Box 326
-'�••� Cape Cm averal,FL 32920
't.l www cityofcapecanaveraLorg
Launch your connection... 0 113
From: Bernie [mailto:abc777@cfl.rr.com]
Sent:Thursday,August 18, 2016 10:46 AM
To: David Dickey<D.Dickey@cityofcapecanaveral.org>
Cc:Andrea Binney<A.Binney@cityofcapecanaveral.org>; Brendan McMillin <B.McMillin@cityofcapecanaveral.org>;
Betty Walsh<B.Walsh@cityofcapecanaveral.org>; Bob Hoog<B.Hoop@cityofcapecanaveral.org>; Cheryl Puleo
<C.Puleo@cityofcapecanaveral.org>; Daniel LeFever<D.LeFever@cityofcapecanaveral.org>; David Dickey
<D.Dickey@cityofcapecanaveral.org>; David Greene<D.Greene@cityofcapecanaveral.org>; Ed Lawson
<E.Lawson@cityofcapecanaveral.org>; Gustavo Vergara <G.Vergara@cityofcapecanaveral.org>;John Bond
<J.Bond@cityofcapecanaveral.org>;Joseph Covell<J.Covell@cityofcapecanaveral.org>;John DeLeo
<J.DeLeo@cityofcapecanaveral.org>;Joan Gapud<J.Gapud@cityofcapecanaveral.org>;Jeff Ratliff
<J.Ratliff@cityofcapecanaveral.org>;Jane Ross<J.Ross@cityofcapecanaveral.org>;Joshua Surprenant
<J.Surprenant@cityofcapecanaveral.org>;Jonathan Puleo<i.puleo@cityofcapecanaveral.org>; Kim McIntire
<K.McIntire@cityofcapecanaveral.org>; Kim Kopp<kkopp@orlandolaw.net>; Mike Brown
<M.Brown@cityofcapecanaveral.org>; Mary Finneran<M.Finneran@cityofcapecanaveral.org>; Mia Goforth
<M.Goforth@cityofcapecanaveral.org>; Molly Thomas<M.Thomas@cityofcapecanaveral.org>; Michael German
<M.German@cityofcapecanaveral.org>; Ngan Pham <N.Pham@cityofcapecanaveral.org>; Patrice Huffman
<P.Huffman@cityofcapecanaveral.org>; Patricia Roth<P.Roth@cityofcapecanaveral.org>;Todd Morley
<T.Morley@cityofcapecanaveral.org>
Subject: David Dickey will not issue a certificate of occupancy to 127 Oak Lane until Bernard Lennon reviews
So you will not issue a certificate of occupancy to Parcel ID#24 371428 A.25 (127 Oak Lane) until final engineering is
complete and we all have had a chance for review.
Thank you
Bernard Lennon
Original Message
From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org]
Sent: Wednesday,August 17, 2016 3:19 PM
To:Joshua Surprenant<J.Surprenant@cityofcapecanaveral.org>; Bernie<abc777@cfl.rr.com>
Subject: RE: Report a Concern (form) has been filled out on your site.
3
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
Florida has a very broad public records law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,
unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email
address released in response to a public-records request, do not send electronic email to this entity. Instead,
contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,
unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email
address released in response to a public-records request, do not send electronic email to this entity. Instead,
contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,
unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email
address released in response to a public-records request, do not send electronic email to this entity. Instead,
contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,
unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email
address released in response to a public-records request, do not send electronic email to this entity. Instead,
contact our office by phone or in writing
Florida has a very broad public records law. As a result, any written communication created or received by the
City of Cape Canaveral officials and employees will be made available to the public and/or media upon request,
unless otherwise exempt. Under Florida Law, email addresses are public records. If you do not want your email
address released in response to a public-records request, do not send electronic email to this entity. Instead,
contact our office by phone or in writing
5
Patrice Huffman
From: Bernie <abc777@cfl.rr.com>
Sent: Thursday, August 18, 2016 10:46 AM
To: David Dickey
Cc: Andrea Binney; Brendan McMillin; Betty Walsh; Bob Hoog; Cheryl Puleo; Daniel LeFever;
David Dickey; David Greene; Ed Lawson;Gustavo Vergara;John Bond;Joseph Covell;
John DeLeo;Joan Gapud;Jeff Ratliff;Jane Ross;Joshua Surprenant;Jonathan Puleo; Kim
McIntire; Kim Kopp; Mike Brown; Mary Finneran; Mia Goforth; Molly Thomas; Michael
German; Ngan Pham; Patrice Huffman; Patricia Roth;Todd Morley
Subject: David Dickey will not issue a certificate of occupancy to 127 Oak Lane until Bernard
Lennon reviews
So you will not issue a certificate of occupancy to Parcel ID#24 371428 A.25 (127 Oak Lane) until final engineering is
complete and we all have had a chance for review.
Thank you
J
Bernard Lennon
Original Message
From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org]
Sent: Wednesday,August 17, 2016 3:19 PM
To:Joshua Surprenant<J.Surprenant@cityofcapecanaveral.org>; Bernie<abc777@cfl.rr.com>
Subject: RE: Report a Concern (form) has been filled out on your site.
Thanks Bernie for the email.The City Engineer is currently preparing preliminary engineering for the improvement of
Oak Lane. Once final engineering is complete,we will be able to determine the status of the Oak Lane right-of-way.
Note that a number of City staff are involved in reviewing a single-family structure,to include the Building official and
the City Engineer.They review items such as rights-of-way, setbacks and stormwater impacts. Dave
Launch your connection...
Original Message
From:Joshua Surprenant
Sent: Wednesday,August 17, 2016 12:24 PM
To: David Dickey<D.Dickey@cityofcapecanaveral.org>
Subject: FW: Report a Concern (form) has been filled out on your site.
Report a Concern from website just got this.
Original Message
From: Please Do Not Click Reply [mailto:support@govoffice.com]
Sent:Wednesday,August 17, 2016 10:32 AM
To:Joshua Surprenant<J.Surprenant@cityofcapecanaveral.org>
Subject: Report a Concern (form) has been filled out on your site.
1
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. -
127 Oak Lane Cape Canaveral, Florida 32920 D
131 Oak Lane Cape Canaveral, Florida 32920
AUG 2 2 2016 Li)
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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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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