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Home My WebLink AboutRE Wave Village - DA process and variances allowed by CodeAh, got it. David Dickey Community Development Director d.dickey@cityofcapecanaveral.org <mailto:d.dickey@cityofcapecanaveral.org> 321-868-1220 Ext 118 321-868-1248 fax 100 Polk Avenue. / P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> Launch your connection… <mailto:https://www.facebook.com/CityofCapeCanaveral> <mailto:https://www.instagram.com/cityofcapecanaveral/> <mailto:https://www.linkedin.com/company/city-of-cape-canaveral-the> <mailto:https://twitter.com/CapeCanaveralFL> From: Kimberly Rezanka [mailto:kim@cfglawoffice.com] Sent: Monday, October 29, 2018 4:10 PM To: David Dickey <D.Dickey@cityofcapecanaveral.org> Cc: Anthony Garganese <agarganese@orlandolaw.net> Subject: RE: Wave Village - DA process and variances allowed by Code The earlier variance was a location variance, not a size height or area variance. Do you agree that Wave Development can apply for variances to allow more signage that the code allows? Kimberly Bonder Rezanka, Esq. IMPORTANT: This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are, by this, on notice that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to Cantwell & Goldman, PA., 96 Willard St., Ste. 302, Cocoa, FL. 32922. Thank you. From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org] Sent: Monday, October 29, 2018 4:00 PM To: Kimberly Rezanka <kim@cfglawoffice.com <mailto:kim@cfglawoffice.com> > Cc: Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> > Subject: RE: Wave Village - DA process and variances allowed by Code Hi Kim. I am not aware of an application fee related to a DA. I will confirm. Didn’t you receive a variance to the sign code in 2013? Don’t understand your question if you have already been down this path. David Dickey Community Development Director d.dickey@cityofcapecanaveral.org <mailto:d.dickey@cityofcapecanaveral.org> 321-868-1220 Ext 118 321-868-1248 fax 100 Polk Avenue. / P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> Launch your connection… <mailto:https://www.facebook.com/CityofCapeCanaveral> <mailto:https://www.instagram.com/cityofcapecanaveral/> <mailto:https://www.linkedin.com/company/city-of-cape-canaveral-the> <mailto:https://twitter.com/CapeCanaveralFL> From: Kimberly Rezanka [mailto:kim@cfglawoffice.com] Sent: Monday, October 29, 2018 3:45 PM To: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Cc: Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Mosh Gal <mosh@wavevillage.com <mailto:mosh@wavevillage.com> > Subject: RE: Wave Village - DA process and variances allowed by Code Dave and Anthony, 1. DA: Please let us know if there is an application or fee to submit this to City Council. 2. Variances: I understood both of you to say that the City Code does not allow variances to the sign code. However, Sec. 94-100 defines signage by area and height. Sec. 110-1 defines variance and states that they are authorized for height, area and size of structure - which I read to mean "height" or "area" or "size of structure". Please advise if there are other code sections that prohibit variances to signs. Thank you, Kimberly Bonder Rezanka, Esq. 321-639-1320 ext. 123 IMPORTANT: This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are, by this, on notice that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to Cantwell & Goldman, PA., 96 Willard St., Ste. 302, Cocoa, FL. 32922. Thank you. From: Kimberly Rezanka Sent: Wednesday, October 24, 2018 11:03 PM To: 'David Dickey' <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Cc: Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; 'Mosh Gal' <mosh@wavevillage.com <mailto:mosh@wavevillage.com> > Subject: RE: Wave Village Thanks, David. Is there an application and/or fee for review/notice costs to bring a DA before Council? Kimberly Bonder Rezanka, Esq. . IMPORTANT: This message is intended only for the use of the individual or entity to which it is addressed and may contain information that is privileged, confidential and exempt from disclosure under applicable law. If the reader of this message is not the intended recipient, or the employee or agent responsible for delivering the message to the intended recipient, you are, by this, on notice that any dissemination, distribution or copying of this communication is strictly prohibited. If you have received this communication in error, please notify us immediately by telephone and return the original message to Cantwell & Goldman, PA., 96 Willard St., Ste. 302, Cocoa, FL. 32922. Thank you. From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org] Sent: Monday, October 22, 2018 5:03 PM To: Kimberly Rezanka <kim@cfglawoffice.com <mailto:kim@cfglawoffice.com> > Cc: Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> > Subject: Wave Village Kim – following-up with you regarding the Wave Village project. My understanding is that your client wants to move forward under the provisions of a port-of-call facility, which per City Code must be approved through the Development Agreement (DA) process. As we have discussed, your preparation of a draft DA will get things rolling. I understand that signage is an important issue for your client. As the property is currently configured, the Code does not accommodate the number of monument signs being proposed. We will need to pay particular attention to this. Let me know if there is anything I can do to assist. Dave David Dickey Community Development Director d.dickey@cityofcapecanaveral.org <mailto:d.dickey@cityofcapecanaveral.org> 321-868-1220 Ext 118 321-868-1248 fax 100 Polk Avenue. / P.O. Box 326 Cape Canaveral, FL 32920 www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org/> 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 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 related data beginning Jan 1st 1990 to date” I did not constrain it to active records. My request is intended to develop a picture of the city’s performance in code enforcement. For the request to see liens levied and liens collected I did not specify a format. Is it your position that that information does not exist? I have met with the city representatives, multiple times. From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org] Sent: Monday, September 17, 2018 4:13 PM To: patrickcampbell@cfl.rr.com <mailto:patrickcampbell@cfl.rr.com> Cc: Bob Hoog <B.Hoog@cityofcapecanaveral.org <mailto:B.Hoog@cityofcapecanaveral.org> >; Mike Brown <M.Brown@cityofcapecanaveral.org <mailto:M.Brown@cityofcapecanaveral.org> >; Angela Raymond <A.Raymond@cityofcapecanaveral.org <mailto:A.Raymond@cityofcapecanaveral.org> >; Rocky Randels <R.Randels@cityofcapecanaveral.org <mailto:R.Randels@cityofcapecanaveral.org> >; Wes Morrison <W.Morrison@cityofcapecanaveral.org <mailto:W.Morrison@cityofcapecanaveral.org> >; David Greene <D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org> >; Anthony Garganese <agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> >; Mia Goforth <M.Goforth@cityofcapecanaveral.org <mailto:M.Goforth@cityofcapecanaveral.org> >; Michael German <M.German@cityofcapecanaveral.org <mailto:M.German@cityofcapecanaveral.org> >; Joshua Surprenant <J.Surprenant@cityofcapecanaveral.org <mailto:J.Surprenant@cityofcapecanaveral.org> >; Brian Palmer <B.Palmer@cityofcapecanaveral.org <mailto:B.Palmer@cityofcapecanaveral.org> > Subject: P. Campbell Response 9-15-18 Good afternoon Mr. Campbell. In response to your email of September 15, 2018 regarding unanswered questions related to 305 Surf Drive, the following is provided (your questions are in red font/response shown in black font): · Please provide a written a transcript of the portion of the audio file CEB 8-20-15.dcr that concerns this property from minute 4 to minute 25 of the recording. Written transcripts are the responsibility of the requesting party, not the City. As indicated on the Agenda page for all City Board meetings: “Pursuant to Section 286.0105, Florida Statute, the City hereby advises the public that: If a person decides to appeal any decision made by the Code Enforcement Board with respect to any matter considered at this meeting, that person will need a record of the proceedings, and for such purpose that person may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based.” For your convenience, a link for the software necessary to listen to the audio recording of the meeting is included https://bisdigital.com/support/software/. Once you download the software, navigate to the appropriate code enforcement folder/meeting in the public Laserfiche portal and double click on the DCR icon. For your convenience, I have placed a copy of the minutes from that meeting in the “Patrick Campbell/305 Surf - 9/15/18” Public Record Request folder accessible through the City’s on-line public portal. · Please provide the complete anonymous compliant the city received on 1/26/15. A copy of this document has been placed in the “Patrick Campbell/305 Surf - 9/15/18” Public Record Request folder accessible through the City’s on-line public portal. · Please provide all information on Case No. 2017-177. I cannot find any reference to Case No. 2017-177 in the city documents provided to me or in any of my previous submittals. This is the nuisance abatement case related to the removal of the pool. You have previously requested this information through a Public Records Request dated July 11, 2018 and July 25, 2018. I generally described this case in my email to you on September 6, 2018. · Please define the “prosecution portion of the case” and provide the documentation supporting the statement. A response to this was provided to you by the City Attorney on September 15, 2018. · Please define the “separate extraordinary public nuisance abatement action against the property owner under the Standard Unsafe Building Abatement Code on November 30, 2017” and provide the documentation supporting the statement. A response to this was provided to you by the City Attorney on September 15, 2018. · Please provide a reconciliation of liens levied and amounts collected over the past 10 years. My perception, supported by a small review of city records, would indicate that amounts actually collected are far less that the amounts of the liens. If I am correct it is easy to conclude that liens do not produce the intended deterrent to bad behavior. This information does not exist in the format you are requesting. Per the Florida Government In the Sunshine Manual, new records are not subject to record requests. For your reference, you were previously provided a link to this Manual. However, I have included it again for your convenience http://www.myfloridalegal.com/pages.nsf/Main/314BA231F89C0C8A8525791B006 A54E2 <http://www.myfloridalegal.com/pages.nsf/Main/314BA231F89C0C8A8525791B00 6A54E2> . Please refer to page 154, paragraph 12 of the Manual. · days later “Staff conducted site visit on 10/29/15 and observed violations.” Not sure what the question is…. · Please provide the documentation defining and supporting the city’s assertion that “Staff continues to periodically monitor the status for compliance “ A response to this was provided to you by the City Attorney on September 15, 2018. · Please provide the complete anonymous compliant the city received on 10/29/15. A copy has been placed in the “Patrick Campbell/305 Surf - 9/15/18” Public Record Request folder accessible through the City’s on-line public portal. · Please provide the Notice of Violation issued to the owner on 11/4/15. A copy of this document has been placed in the “Patrick Campbell/305 Surf - 9/15/18” Public Record Request folder accessible through the City’s on-line public portal. · Please provide the revised Notice of Violation sent to the owner on 5/11/16. A copy of this document has been placed in the “Patrick Campbell/305 Surf - 9/15/18” Public Record Request folder accessible through the City’s on-line public portal. · Please provide sufficient detail on the identity of the “Kathy” included in the records of Case No. 2008-0006 to allow me to contact her for additional information. Would you please provide additional detail on what document you are finding a reference to “Kathy?” · Will the Code Enforcement staff of our city enforce this rule. This is a question related to the enforcement of temporary/election signage. 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