HomeMy WebLinkAboutFW Oak Lane Variance Request 11 22 16 (4)FYI
From: Anthony A. Garganese
Sent: Monday, December 19, 2016 10:30 AM
To: 'Douglas W. Ackerman' <dwa@kirwinnorris.com>
Cc: 'terrilynbowman@yahoo.com' <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
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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.
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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
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