HomeMy WebLinkAboutRE Oak Lane Variance Request 11 22 16 (2)David,
I tried to call you to no avail....Please send an email to the City
Council advising them about the BOA Meeting being cancelled and why of
course, copy me and appropriate others. David
-------- Original message --------
From: David Dickey <D.Dickey@cityofcapecanaveral.org>
Date: 11/21/16 2:55 PM (GMT-05:00)
To: David Greene <D.Greene@cityofcapecanaveral.org>
Subject: FW: Oak Lane Variance Request 11/22/16
fyi
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From: Anthony A. Garganese [mailto:agarganese@orlandolaw.net]
Sent: Monday, November 21, 2016 2:39 PM
To: Douglas W. Ackerman <dwa@kirwinnorris.com>
Cc: cocoabeach123@aol.com; Mia Goforth
<M.Goforth@cityofcapecanaveral.org>; Paul deVivero <paul@geodatafl.com>;
Danielle M. Reyes <DMR@kirwinnorris.com>; Barry S. <rvoeilau@aol.com>;
bnienstadt@cfl.rr.com; Raymond <doug7048@inbox.com>; evanfla@gmail.com;
Gene Petre <gcpetre@aol.com>; George Sweetman (pattygirl2010@live.com
<pattygirl2010@live.com>; harrymp@cfl.rr.com; jaltruda@aol.com; David
Dickey <D.Dickey@cityofcapecanaveral.org>; terrilynbowman@yahoo.com
Subject: Re: Oak Lane Variance Request 11/22/16
Mr. Akerman,
The city is in receipt of this survey information. Thank you for
submitting the same prior to BOA hearing. Based on a preliminary
evaluation, the city has determined the BOA hearing scheduled for
tomorrow must be postponed until further notice. It is my
understanding that the city will be reaching out to the surveyors of the
interested parties next week to schedule a group meeting to discuss the
conflicting surveys.
If you would like to discuss the status, please do not hesitate to
contact me.
Anthony Garganese
City Attorney
Sent iPhone (please excuse errors)
On Nov 18, 2016, at 2:35 PM, Douglas W. Ackerman <dwa@kirwinnorris.com
<mailto:dwa@kirwinnorris.com> > wrote:
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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<B3501 OAK LANE.PDF>
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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
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