HomeMy WebLinkAboutFW Oak Lane Variance Request 11 22 16FYI
From: Anthony A. Garganese
Sent: Monday, December 19, 2016 10:42 AM
To: 'Douglas W. Ackerman' <dwa@kirwinnorris.com>
Cc: terrilynbowman@yahoo.com
Subject: RE: Oak Lane Variance Request 11/22/16
Doug, thanks for letting me know. I appreciate the prompt response.
Have a Merry Christmas and Happy New Year! Let’s touch base on the
status of things after the 1st.
Anthony
From: Douglas W. Ackerman [mailto:dwa@kirwinnorris.com]
Sent: Monday, December 19, 2016 10:37 AM
To: Anthony A. Garganese <agarganese@orlandolaw.net
<mailto:agarganese@orlandolaw.net> >
Cc: terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com>
Subject: RE: Oak Lane Variance Request 11/22/16
Hello Mr. Garganese:
Please call me Doug. I have provided our survey to the
developer’s attorney, Phil Tatich, Esquire. Phil informed that the
developer’s surveyors were going to cross-check and get back with us. I
have not heard anything since. Since the developer is the one wanting
the variance, I have been assuming that he would be moving with some
urgency, which I guess has not happened.
In the meantime, Ms. Bowman had to travel to the United Kingdom on
business. So yes, we do want to exchange information and try to work
out a solution, but things have gotten bottled up. Additionally, I have
an Answer Brief due to the Eleventh Circuit Court of Appeals on Dec. 22,
and I cannot get another extension. Christmas, shopping, etc. In sum,
we need a little more time and hopefully a response from the developer’s
surveyors.
Douglas W. Ackerman | Partner
Board Certified in Construction Law by the Florida Bar
Kirwin Norris, P.A.
15 W. Church Street
Suite 301
Orlando, Florida 32801
O: 407-740-6600
F: 407-740-6363
E: dwa@kirwinnorris.com <mailto:dwa@kirwinnorris.com>
<https://www.facebook.com/KirwinNorris>
<http://www.linkedin.com/company/kirwin-norris>
<http://www.kirwinnorris.com/>
This email message including attachments, if any, is intended for the
use of the individual or entity named above and may contain
attorney-client confidential and/or privileged information. If the
reader of this message is not the intended recipient, you are hereby
notified that any review, use, disclosure, copying, or distribution is
strictly prohibited. If you have received this email message in error,
please contact the sender by reply email and destroy all copies of the
original message including attachments. Thank you.
Pursuant to federal regulations imposed on practitioners who render tax
advice ("Circular 230"), we are required to advise you that any tax
advice contained herein is not intended or written to be used for the
purpose of avoiding tax penalties that may be imposed by the Internal
Revenue Service. If this advice is or is intended to be used or
referred to in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement, the regulations under
Circular 230 require that we advise you as follows: (1) this writing is
not intended or written to be used, and it cannot be used, for the
purpose of avoiding tax penalties that may be imposed on a taxpayer; (2)
the advice was written to support the promotion or marketing of the
transaction(s) or matter(s) addressed by the written advice; and (3) the
taxpayer should seek advice based on the taxpayer's particular
circumstances from an independent tax advisor.
From: Anthony A. Garganese [mailto:agarganese@orlandolaw.net]
Sent: Monday, December 19, 2016 10:30 AM
To: Douglas W. Ackerman <dwa@kirwinnorris.com
<mailto:dwa@kirwinnorris.com> >
Cc: terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com>
Subject: RE: Oak Lane Variance Request 11/22/16
Importance: High
Mr. Ackerman,
You indicated in your email that there could be “resolutions” to this
situation. As such, the City’s Community Development Director has
attempted on several occasions to contact Ms. Bowman’s surveyor, Geodata
Consultants, to arrange a technical meeting to review and discuss the
submitted surveyor with the City’s engineer and the developer’s
surveyor. To date, he has not received the courtesy of a return phone
call.
I’m writing to determine whether your client will permit this meeting
to occur or not. Or, if you prefer, you and I can attend this meeting
as well. I would very much appreciate the courtesy of a reply. Thank
you.
Regards,
Anthony A. Garganese
City Attorney of Cape Canaveral
Garganese, Weiss & D'Agresta, P.A.
Anthony A. Garganese, Shareholder
Board Certified in City, County & Local Government Law
111 N. Orange Ave., Suite 2000
P.O. Box 2873
Orlando, Florida 32802-2873
Phone (407) 425-9566
Fax (407) 425-9596
Kissimmee (321) 402-0144
Cocoa (866) 425-9566
Website: www.orlandolaw.net <http://www.orlandolaw.net/>
Email: sshell@orlandolaw.net <mailto:sshell@orlandolaw.net>
Any incoming e-mail reply to this communication will be electronically
filtered for "spam" and/or "viruses." That filtering process may result
in such reply being quarantined (i.e., potentially not received at our
site at all) and/or delayed in reaching us. For that reason, we may not
receive your reply and/or we may not receive it in a timely manner.
Accordingly, you should consider sending communications to us which are
particularly important or time-sensitive by means other than e-mail.
Confidentiality Note: This e-mail, and any attachment to it, contains
privileged and confidential information intended only for the use of the
individual(s) or entity named on the e-mail. If the reader of this
e-mail is not the intended recipient, or the employee or agent
responsible for delivering it to the intended recipient, you are hereby
notified that reading it is strictly prohibited. If you have received
this e-mail in error, please immediately return it to the sender and
delete it from your system. Thank you.
From: Douglas W. Ackerman [mailto:dwa@kirwinnorris.com]
Sent: Friday, November 18, 2016 2:35 PM
To: cocoabeach123@aol.com <mailto:cocoabeach123@aol.com> ;
m.goforth@cityofcapecanaveral.org
<mailto:m.goforth@cityofcapecanaveral.org> ; Anthony A. Garganese
<agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Paul
deVivero <paul@geodatafl.com <mailto:paul@geodatafl.com> >; Danielle M.
Reyes <DMR@kirwinnorris.com <mailto:DMR@kirwinnorris.com> >
Cc: , "terrilynbowman@yahoo.com <kathryn.l.seidel@gmail.com>;
terrilynbowman@yahoo.com; asrapp@aol.com; moealdenj@bellsouth.net;
A.Binney@cityofcapecanaveral.org; Angela Raymond <angray8@aol.com>;
Raymond <doug7048@inbox.com>; D.Alexander@cityofcapecanaveral.org;
E.Lawson@cityofcapecanaveral.org; evanfla@gmail.com; Alicia Spring
<asrapp@aol.com>; moealdenj@bellsouth.net; Angela Raymond
<angray8@aol.com>; ,
<mailto:terrilynbowman@yahoo.com%20%3ckathryn.l.seidel@gmail.com%3e;%20t
errilynbowman@yahoo.com;%20asrapp@aol.com;%20moealdenj@bellsouth.net;%20
A.Binney@cityofcapecanaveral.org;%20Angela%20Raymond%20%3cangray8@aol.co
m%3e;%20Raymond%20%3cdoug7048@inbox.com%3e;%20D.Alexander@cityofcapecana
veral.org;%20E.Lawson@cityofcapecanaveral.org;%20evanfla@gmail.com;%20Al
icia%20Spring%20%3casrapp@aol.com%3e;%20moealdenj@bellsouth.net;%20Angel
a%20Raymond%20%3cangray8@aol.com%3e;%20,%20> "Barry S. <rvoeilau@aol.com
<mailto:rvoeilau@aol.com> >; bnienstadt@cfl.rr.com
<mailto:bnienstadt@cfl.rr.com> ; s <chartley@cfl.rr.com
<mailto:chartley@cfl.rr.com> >; Raymond <doug7048@inbox.com
<mailto:doug7048@inbox.com> >; evanfla@gmail.com
<mailto:evanfla@gmail.com> ; Gene Petre <gcpetre@aol.com
<mailto:gcpetre@aol.com> >; George Sweetman (pattygirl2010@live.com
<mailto:pattygirl2010@live.com> <pattygirl2010@live.com
<mailto:pattygirl2010@live.com> >; harrymp@cfl.rr.com
<mailto:harrymp@cfl.rr.com> ; jaltruda@aol.com <mailto:jaltruda@aol.com>
Subject: Oak Lane Variance Request 11/22/16
Dear Ladies and Gentlemen:
I have the privilege of representing Terri Bowman’s
whose limited liability company owns lot A26 in the City of Cape
Canaveral. Even though she is an entirely innocent purchaser, Ms.
Bowman has done what those who are truly responsible should have done:
She has had the entirety of Oak Lane surveyed together with the adjacent
lots by a licensed professional surveyor and mapper. Attached please
find the results. We will be presenting the signed and sealed copies at
the hearing on lot A25’s application for a variance on Tuesday night,
November 22, 2016.
The following is readily apparent from the survey:
1. The application for variance cannot be granted for numerous
reasons among which are (1) the house is grossly in violation of the
front setback of 25 feet, and (2) the house is actually on the side
property line and grossly in violation of the side setback. Please be
advised that whatever surveys have been provided to the City to show a
“slanted” side setback in an attempt to get the variance are not based
on any instruments recorded in the public records of Brevard County.
They should therefore be ignored.
2. The house on lot A25 should never receive a Certificate of
Occupancy as it is in flagrant violation of the City’s code of
ordinances.
3. We believe that there could be resolutions to the
issues with respect to Lot 25, but they must be undertaken in a proper
and legal (recorded) way that also resolves similar issues for the
remaining lots on Oak Lane.
4. We will be pursuing all legal avenues to protect my client’s
rights.
5. Please note that we will require adequate time at Tuesday’s hearing
to present these issues to the Board, consistent with Due Process.
Thank you for your consideration.
Douglas W. Ackerman | Partner
Board Certified in Construction Law by the Florida Bar
Kirwin Norris, P.A.
15 W. Church Street
Suite 301
Orlando, Florida 32801
O: 407-740-6600
F: 407-740-6363
E: dwa@kirwinnorris.com <mailto:dwa@kirwinnorris.com>
<https://www.facebook.com/KirwinNorris>
<http://www.linkedin.com/company/kirwin-norris>
<http://www.kirwinnorris.com/>
This email message including attachments, if any, is intended for the
use of the individual or entity named above and may contain
attorney-client confidential and/or privileged information. If the
reader of this message is not the intended recipient, you are hereby
notified that any review, use, disclosure, copying, or distribution is
strictly prohibited. If you have received this email message in error,
please contact the sender by reply email and destroy all copies of the
original message including attachments. Thank you.
Pursuant to federal regulations imposed on practitioners who render tax
advice ("Circular 230"), we are required to advise you that any tax
advice contained herein is not intended or written to be used for the
purpose of avoiding tax penalties that may be imposed by the Internal
Revenue Service. If this advice is or is intended to be used or
referred to in promoting, marketing or recommending a partnership or
other entity, investment plan or arrangement, the regulations under
Circular 230 require that we advise you as follows: (1) this writing is
not intended or written to be used, and it cannot be used, for the
purpose of avoiding tax penalties that may be imposed on a taxpayer; (2)
the advice was written to support the promotion or marketing of the
transaction(s) or matter(s) addressed by the written advice; and (3) the
taxpayer should seek advice based on the taxpayer's particular
circumstances from an independent tax advisor.
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
ꮂ０킰瀥Ⴜ어ꆰ釪튻샨쵳犰瀼샍퀽灴泾釳䃸샪銵ꆺꋐꩿ먡꾀첰⥱꿀搐샏섏쏏电錄�摁쀧苳ㆦᆰα猀ㆺ탧퀬$㷻ꮠ䖆ფ₪ᄃ퀟傱掶䂱퀽ꩃ㷡濐烹䇞懑클肯釪㥄昰�‾튻₦텮밂２瀥삵ᇠ烌䃅䃊﮿ﱿٯߏ꧟䍗짯ૐ瓰뀐珰쀥惑ꆺ냿ϰৠ੯쳁菱g놪쀣拷㇎冺뭂ස␑⬀Ⳑ먁ဏ䃊뭦땰뚿ￏ�쿑�ￔ࿖��ि�瑿／俥Ａ俣忤伧뽒弚缎ⲏ᭯Ჿ᷏ở`⇿ἢ⼣㼤Э㌹䱑⭜Ｙ഻‾ቢ☱뀎䂐�烟䃷
胄䂺倦�조﯀て鄩멣䊡㸗ﺀ䊁践냎ᑤ⛠㑐ㄵ矟䐁㩣㌳⸸瀳璼䄻뮴⩠♠瀐Ⅷ䛷⯦㸬撁䀷ဦ‵㷻䥐玀怭鿹︾䃷擼㥹䭿▯⧀ᓖ蓰杩耯㤺〮䁆⭿䨯⡨㽿쓐䒐㉥㦜�쭰ᅀ柰♮潐䋷င䛀㩇텯最䘀噦㪔ㇵ邪ꠠ〣地㛰遊儱눂䌻㪥䤰孑㯉轐凿功厯▿⦐╡�ᅨ헰g尭㇅〳崥⺁戼魝䩢⠏⧟듥헰郠씭穀假報嬀攂栻曃챡￠㨐⚦ケ䄻懋歬㲤猬胋傻䁇瀌㭦⫓捖㛁崵暌爫ꊦ⛩‑䇀ꂻ䂺ᇨ廿曏㍿㐏䨟꺬㇀￡䩥�佧彨潩罪轫齬混溯䪿粁⽱㽲꽸�旵僮怷怀Ⱀﾯ
鼱콶�齴弴㾏㼵㛿㝏㡟䵯彯◯抏挏휟꽝徔銅魩椋ᾄ罹竿嶏笳緿縏缟耯漿�狄멃끀暰耀郄䥏ɑ痀䲃懜뱷ꭀű䙁焪遗ᇽ䋐늓ᾈ꾊㾊�黿诏鶤遺釟鋯냿閯⾖綫愩唯렠뤏霔潛ᾛ龶�ク唷灐䗣挍㟀㠮Ὓ⽜㽝뷿芯뚝惻頿餿捏齯｟澠羡辢龣꾤뾥쾦ￅ곿⹏⽿햏괏꺯꾿迏濝侴徵㿙羷辸龹꾺俗住쒏줔Ｐ≆쿄꽟쾾轕흗싿쎏좟쥿쪏뾟꿋⾅㾆⾾㿍ݻ츴쿯ￏ࿑ῒꀪ䘵戆꿓헟훏ퟟ��Ｏ羰㾋�ῢ鞯犯ﭏ驟៏ﵯｏ忾濿缀濎鼂
꼃뼄켅ۣ⇟䯧物ꃁ쀣➉玐蜬⹁缈ඏྏ⊟ᄏᒿᔏ？⼖㼗优弙漚缛輜鼝ỿ⊯⍯⑿▏⚟➯⢿࿏�䜿怰扰桃牵挐敠瑥⿿ゟㆯ䂿䄿䉏䍟䑯荿轅ዓ㑆㜹䝄Ｏ㽌Ἥ⼮㼯뽊콋Ｔ༶㟿㠟㤯㨿㭏㱟㵯㹿ﾏ潞꽍뽎콏�ｅཇ唡匚極ꩴ㎠昱ㅼ녙摘ጂ躂牏聢摮䀬욪㈳漸烯狿̏έ≴›〴ⴷ㟂ぺ㘭〶幦齶矗碯憿䘂耳唀ｗཙ⽛㽜佝뽽忿息慿抏掟撯斿曏ｨཪὫ⽬㽭佮삐䗼縺謏୲啗茯蒟ﮯ侜꾑匢轟᾿膯ꭀ稠䥨曀、낍傕ꀺ睤䁡⭫溃悗顭泐詤ຂꝦ
ꁐ篐奈聐剅䥌䭎ꔠ䴏᪦뱽ꠡ爱聳峐揀ㅦ畜魬鿯㿏徒澓羔辕龖ꂗ汢痼顥갿ꛟ鲑鶟쾯待ﾸྺ漲愯ᾃﾷ믿궏긿꽏끟녯뉿鞏ﾏ羴㿀ᾁ⾂꾽뾾澺澆蟿졿觯誟讯貿跏軟ﯯ龢�겻쀯솿Ǐﻐ쌲쐏씟옯댿죏즏鞟⿌꿝ꁯŸ撀왥탰慲楴탠휠꿘俥鼊꼋辜濍뾿㿋쳿㊏�츪쾏킟ᾯ쿒�귥쇝琯罤翼蓽忪ჿ넠ꀫ瑤쉨㞠თ皖ტი濑흰挗ጄ凘⸷�ﶁ撐ꢱ村〺넫礇휻㠶㌮胟㿪漂롾ﻟﷹℰ禿㼇뻸俻ÿㅼ忿켋〱ﾑ戀摯፹ᗿ／『Ⴢ�뼎켗濕秖粿琢ढ़ɿ�
슿㑧揟ꇿ⁏♏＿俳伟⿻㿼᰿ỿ┏�ꐟ�琰ꁰ㩳⼯㩷⻐ს挤ᙥ澠뙫⿂ｋᎶ뇖醶쾦�强漻㲿ꭲ�∟ꀏ●㬢￨䈏�榗杭ᘠ檠䙲犀ヂ휰А㌕㥞თ㑋ꬅ缮㛐㈾䠈╍თ⁵ヂ硟穳竐忐ᙩ⬰ퟰ爑掶↡⁵䤺㓰斀큺ㆨ瀮䀇畀䒐㤌⑅吰䘀㕁常䩅䬐僡㔙핐ㅃဥ㈸⑃䭀䑐ﰳ䘸끊輬鼭꼮콖�붏䑏ꄯ䜯媟⤏⨟ＯἏ⾛㽢꽕㽙�锿絹欁㹥䀱ꚃ⊑秡⿺ᒪ㰤㶯㺿槊ￏ�꽁뽂｜ｆ廏䧟䨟숯㐰䬱筸릂嵌㜲積牽轎伶灏�摐匶呯敿콦辇齸�ｳཱུཞ
觿悿愯輿避醏薟蘏꾉彨歩Ẫ氯浟湯�羚膛�櫚蹢ﭏ歹殎ꍩ賯⌏ᘯ�쿠�賆惘冖瘵睟软쿤佹彺ヂ㈲笳垩녊ꬅ僟댳㤀積백㘶罾灏ꄄ칏耳ﾁ捐惘羃辄ᾖ⾗㾊⳿ꔡ뺪ꈊ裺썯쓟⿂澋ᾨ辍龎뼦켧뼫볿뷯엿⽯ㇿ찏㌿㐯＿伵弶俋⿕俉輣濊迚쳿춏鎟鐿캯탿턏？⿒㿓俔忕濖翗还鿙�ꧏ٤ꦐ갏㠟㜣꺢吨ᥨ゛攠耞洠흥胰煐過畐∇傂㾛䁐栐惻샵ⱳ過瀠ﶱ僧࣠굀溠͟Ӱנּ痀悬帠࣒︠鵀瘰큌⽵䃿䱩ö懾『癯샻郷ỿ鯰﯀
ﰐ�燎職僰邜샵䈂肜귿ð±Ł抱掿翲섅ïÐ䰀傀�烾‼釾耞劮�櫤䤠擿:䩡｡ｄ퇺査뀃蓿◾:傍瀐舃ヽ潹艵:腋:b걀鲐㾐烾삲䂮狽愍