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( /</, rJ ~ e_ • Patrice Huffman From: Sent: To: Cc: Subject: Mr. Dickey Monday, August 22, 2016 2:08 PM David Dickey 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' RE: David Dickey will not issue a certificate of occupancy to 127 Oak Lane until Bernard Lennon reviews Due to only receiving a 13-day notice for tomorrows hearing I will not be able to attend. Please submit al l 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 t his post and I will answer immediately. Bernard Lennon 126 Oak Lane Cape Canavera l, 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 t he City's Board of Adjustment to consider a setback va riance 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 sha re your thoughts w ith the Board. David Dickev ., Community Development Director d . . . c v 321·868·1222 xll 321-868-1247 fat t 10 Polk Avenue. P.O. Box 326 ~·ape Caoavaal. FL 32920 www.cityofcapecamw,ral.org Launch your connection ...• · 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 Hoag <B.Hoog@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 <j.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)(l), 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.binney@cityofcapecanaveral.org; b.mcmillin@cityofcapecanaveral .org; b.walsh@cityofcapecanaveral.org; Bob Hoag <B.Hoog@cityofcapecanaveral.org>; c.puleo@cityofcapecanaveral.org; d.lefever@cityofcapecanaveral.org; David Dickey <D.Dickey@cityofcapecanavera l.org>; David L.Greene<d.greene@cityofcapecanaveral.org>; e.lawson@cityofcapecanaveral.org; g.verga ra@cityofcapecanaveral.org; j.bond@cityofcapecanaveral.org; j.cove ll@cityofcapecanaveral.org; j.deleo@cityofcapecanaveral.org; j.gapud@cityofcapecanaveral.org; j.ratliff@cityofcapecanaveral.org; j.ross@cityofcapecanaveral.org; j.surprenant@cityofcapecanaveral.org; Jonathan Puleo <j.puleo@cityofcapecanaveral.org>; k.mcintire@cityofcapecanaveral.org; 'Kim Kopp' <kkopp@orlandolaw.net>; m.brown@cityofcapecanaveral.org; m.finneran@cityofcapecanaveral.org; m.goforth@cityofcapecanaveral.org; m.thomas@cityofcapecanaveral.org; 'Michael German' <M.German@cityofcapecanaveral.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 Bu ilding Department and review the fi le for 127 Oak Lane at any time. Dave David Dickey CommUD.iry ~lopmcnt Director d' ~if¥9fg~vml.org 321·868·1222 xi I 321-868-1247 /m ti 0 Polk Aveouc. P.O. Box 326 " Cape Caaaveral FL 32920 www.cityo/caJMcanai·~ral.org ~au nch your connection ... 8 . e D 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.Hoog@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 <j.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@cityofcapecanavera l.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 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. Your Site has received new information through a form. Form: Report a Concern Site URL: www.cityofcapecanaveral.org Name: Bernard M. Lennon Email: abc777@cfl.rr.com Phone Number: (321)435-4159 What is your concern?: 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 resale. 127 Oak Lane Cape Canaveral, Florida 32920 131 Oak Lane Cape Canaveral, Florida 32920 135 Oak Lane Cape Canaveral, Florida 32920 139 Oak Lane Cape Canaveral, Florida 32920 All 4 homes are in violation of [Section 110-297(a)(l), 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. 4 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 Dear Cape Canaveral Mayor Bob Hoag, City Manager David Green and Community Development Director David Dickey. You have concocted another deceitful plan to take my property. The August 23 Board of Adjustment hearing was held without notifying the neighboring property owners so they would be unaware their homes were built on an incorrect survey. You withheld from the Board crucial testimony I had submitted to assure you could take my property. You then falsified the government records to cover your tracks. Now you want to revoke the authority of the Board of Adjustment to hear the appeal because with all of the new information the Board would most likely not vote in favor of your friend. So the new deceitful plan is to move authority of the appeal to the City Council where Bob Hoag and David Green are in control and have up to 50% voting rights. If you insist on revoking the authority of the Board of Adjustment from hearing the appeal I will file another complaint with the State of Florida Commission on Ethics. A signed copy of this letter was mailed certified to: Robert Hoag 7015 0640 0004 1075 1939 210 Jefferson Ave Cape Canaveral, 32920 David Green 7015 0640 0004 1075 1946 105 Polk Ave Cape Canaveral, 32920 David Dickey 7015 0640 0004 1075 1953 110 Polk Ave Cape Canaveral, 32920 Bernard Lennon 126 Oak Lane Cape Canaveral abc777@cfl.rr.com /fj)~ ~U'\:?fe~ ~ SEP 20 2016 D COM. DEV. DEPT 8/20/2016 Variance Request No. 16-02 Please supply the following infonnation to the Board of Adjustment who are meeting on August 23, 2016 at 6:00 p.m. Two years ago Sheropa UC 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 pennit for 135 and 139 Oak Lane with the knowledge of this error. During the final construction phase I continued protesting the 2S.foot front set back violation and how this would affect my property. That's when Duree Alexander and Michael Gennan 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 UC. 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 UC so that would not be necessary. Bernard Lennon 1260aklane Cape Canaveral, FL Abc777@cfl.rr.com ~ I~ N 11 re tJ "1-' e-/t1 ff./~ J(.) #y.u~ \D)IE©!Ell~~~ \fl' AUG 12 20l6 }Y COM. DEV. DEPT Patrice Huffman From: Sent: To: Cc: Subject: Bernie <abc777@cfl.rr.com> Thursday, August 18, 2016 10:46 AM David Dickey 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 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. 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 ... Patrice Huffman From: Sent: To: Subject: Bernie <abc777@cfl.rr.com> Wednesday, August 17, 2016 10:37 AM Andrea Binney; Brendan McMillin; Betty Walsh; Bob Hoag; 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 Section 110-297(a)(l), City Code 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 resale. 127 Oak Lane Cape Canaveral, Florida 32920 131 Oak Lane Cape Canaveral, Florida 32920 135 Oak Lane Cape Canaveral, Florida 32920 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. 1 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 11Please note that a Certificate of Occupancy will not be issued until this issue is resolved," and again on March 16 2016 11/n my email to you on February 23'd, 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 2 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 3 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 resqi· ~-=~~~----f5)~ ©~ 0%'/~ JR) 127 Oak Lane Cape Canaveral, Florida 32920 131 Oak lane Cape Canaveral, Florida 32920 135 Oak Lane Cape Canaveral, Florida 32920 139 Oak Lane Cape Canaveral, Florida 32920 n I AUG 2 2 2016 IY COM. DEV. DEPT All 4 homes are in violation of [Set:tlon 110-291laJ(1L Cltr 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, 20161 received an e-mail from David Dickey (Community Development Director of Cape Canaveral) that stated "Please note that a Certificate of Occueanq will not be Issued until this Issue Is resolved," and again on March 16 2016 "In my email to vou on February zr, I explained the situation and assured vou that a Certificate of Occueancy would not be Issued until this Issue was resolved. N "You ask whether you will be Informed of the outcome of this survey dispute and hove a chance to hove 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 Patrice Huffman From: Sent: To: Cc: Subject: David Dickey Tuesday, August 16, 2016 4:44 PM arvoeilau@aol.com Patrice Huffman RE: BOA Meeting Hi Arva. Thanks for the email. Let me address your concern. s 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 Commuoity Development Director id: \' l 321-868-1222 xll 321-868-1247,- t 10 Polk Avawe. P.O. Box 326 •· Cape Caoaveral, FL 32920 www.cit)'ofcapec11noveral.org Launch your connection..... 0-0 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 l)eeds of ~ur rules and the intent to separate gas stations. Can you please read that into the record . Thanks 1 Patrice Huffman From: Sent: To: Cc: Subject: Bernie Monroe <r5r4@outlook.com> Friday, August 12, 2016 11:58 AM David Greene Kim Mcintire; Mia Goforth; Daniel LeFever; John Deleo; Cheryl Puleo; Joan Gapud; Ngan Pham; David Dickey; Michael German; Patrice Huffman; Joe Maciejko; Richard Mihalich; Duree Alexander; Brian Palmer; Ginger Wright; Karen Hutchinson; Todd Morley; Jane Ross; Joshua Surprenant; Jeff Ratl iff; Mary Finneran; Ed Lawson Variance Request No. 16-02 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. 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, 1