HomeMy WebLinkAboutCertified ltr fr CAG 11-21-16Citizen Action Group
November 17, 2016
TO: City Clerk, Cape Canaveral City Council, Board of Adjustment, Planning & Zoning Board, Code Enforcement Board,
Building Department, City Manager, City Attorney
ITEM #1 WHY DID THE CITY GET INVOLVED IN THE MESSY SITUATION ON THE HOUSE AT 127 OAK LANE???
1. The city Building Department missed by 4 feet that the house was in the east setback.
2. The city tried to "cover up" their mistake by having the Board of Adjustment grant a variance which was against city
codes and laws. There are conditions which must be present in the city in order to grant a variance which for the
past 25 years was rarely granted. One condition is not allow a variance for a hardship that was CREATED. The
builder created this hardship and the variance shouldn't have been granted.
3. The city didn't properly notify property owners within 500 fee of the property as per city codes because they knew
several on the street were against a variance. The city felt that if on one showed up for the Board of Adjustment
meeting it would be easier to grant a variance and the problem would go away unnoticed.
4. The City Manager had some of his staff infiltrate the Board of Adjustment members and influence them to grant a
variance. One neighbor was "paid off" not to register any complaints.
5. As the "word" got out about the above, it created a public furor. The City Manager then scheduled a special meeting
in which he would have a special advisory hearing officer, (which he would pay and discuss the granting of the
variance prior to the meeting) in an effort to condone the granting of the variance by the Board of
Adjustment which was in violation of the city codes. He wanted to try and salvage some credibility as this
matter was going to be presented to City Council.
6. Now, the City Manager has decided to cancel the meeting with the special advisory officer.
The city is now going to redo the process and start anew. A Board of Adjustment hearing is scheduled on November 22,
2016, at 6 PM, at the Library located at 201 Polk Avenue in Cape Canaveral. Hopefully the Board will follow the city
codes, play no favoritism, consider that 2 people nearby had to cut off their homes that were in the setback area. They
should DENY THE VARIANCE REQUEST. Questions remaining. Where was the City Attorney when the variance was
originally granted? Why didn't he advise the Board that granting a variance in this case would be against city codes?
Well, the city attorney is hired by, paid by, and controlled by the City Manager. Why didn't the Board of Adjustment
follow the city codes and laws?
ITEM #2. The City of Cape Canaveral is going to close off Polk Avenue at North Atlantic Ave. (A1A) the site of the new
city hall and to use it as they desire. The fire department and the sheriff's department are opposed to the closing as it
will decrease response time in a emergency. BUT, the City Manager, David Greene, pays them and controls them and
their comments aren't considered. This City Council has given him this authority.
Let this letter serve as a notice to the City Council and City Manager that if closing the street access of Polk Avenue
results in the death or serious bodily harm to anyone as a result of a delayed response time by first responders, the city
would be responsible and this notice will be available to any future attorneys who may become involved on this issue.
Every building in our city along N. Atlantic Ave. and for 30 miles to the south are required to be at least 50 feet from the
street. They City Council has given the City Manager the authority to make any changes he desires. He had a scheme.
If he placed the building 15 feet from A 1 A you couldn't access the building from A 1 A and therefore he felt it would be
easier for the residents to accept the closing of Polk Avenue. Now, instead of having 3 accesses to the City Hall, namely
A1A, Polk Avenue and Tyler Avenue, we have only one. The building should have been placed at the rear (east) of the
property thereby allowing easy access in ingress and egress from 3 streets BUT he wouldn't be able to propose the
closing of the street and taking the property for use by the city.
The residents have indicated that this city hall building is an "eyesore•. The architecture will not match anything in the
city or nearby cities. It will be an inconvenience for the residents to get there. The City Council needs to take control of
this city, and be concerned about the residents that vote you into office. RESIDENTS MATTER.
Citizen Action Group
Letter Sent Certified Mail 7015 0640 0004 1076 7237
Copies To: J.D. Gallup & Rich Neale, Florida Today
Mike Holfeld, Channel 6 News
Pam Bondi, State Attorney
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