HomeMy WebLinkAboutDean Mead Site Plan Review DEAN
MEAD
Attorneys and Counselors at Law
8240 Devereux Drive Orlando
Suite 100 Fort Pierce
Viera, Florida 32940 Viera
Gainesville
321-259-8900 KIMBERLY BONDER REZANKA
321-254-4479 Fax 321-259-8900 x6103
www.deanmead.com krezanka@deanmead.com
February 1. 2012
Mr. Barry Brown
Community Development Department
City of Cape Canaveral
105 Polk Avenue
Cape Canaveral, FL 32920
Re: Site Plan Review for 8801 Astronaut Boulevard
Dear Mr. Brown:
As you are aware,we represent Xtreme Fun, LLC, which has submitted to you a Site
Plan for review. We understand that the Site Plan Application was submitted in late November
of 2011, at which time you provided a"Notice of Pending Ordinance"to Dave Menzel. The
legality and propriety of that Notice is suspect,but that issue will certainly be addressed at a later
time.
Pursuant to your demands for additional information after the submittal, Mr. Menzel
provided renderings, exterior finish information, a roof tile sample and the Site Plan and
Engineering Review fees on or about January 5, 2012. At that time, you refused to accept the
$75.00 CAB review fee. Mr. Menzel advised that the Community Appearance Board("CAB")
fee was available at any time, and requested a date for review before the CAB. No date have
been provided to Mr. Menzel or my client. Despite the fact that the CAB has four (4)vacancies,
my client has the absolute right for his Site Plan to be reviewed through the process established
by the City of Cape Canaveral.
Furthermore, more than fourteen(14)days have elapsed since Mr. Menzel provided the
additional requested information, and neither Mr. Menzel or my client has been provided written
comments from the building department, with the City's various department heads' comments.
Unless your City Code has been revised, the fourteen(14)days is specified in Chapter 110, Art.
VI, Sec. 110-223 (c), and it has not been adhered to by the City.
We hereby demand that written comments be provided immediately to Mr. Menzel, with
a copy to me, and that the Site Plan be set for hearing before the CAB and the Planning and
Zoning Board. If these hearings are not scheduled in the month of February, and proper notice
A Member of ALFA International-The Global Legal Network
Mr. Barry Brown
February 1, 2012
Page 2
provided to allow the hearings to proceed, we will have no option but to advise Xtreme Fun,
LLC to authorize us to file for a Writ of Mandamus in the Brevard County Circuit Court.
We anticipate hearing from you in the near future regarding these requests.
Sincerely,
gym Wczanka
Kimberly Bonder Rezanka
KBR:bms
cc: David L. Greene, City Manager(via email)
Anthony Garganese, Esq. (via email)
David Menzel, MAI (via email)
Oshri Gal (via email)