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HomeMy WebLinkAboutRE Community Appearance Board Meeting Packet - Tuesday February 28 2012 - Clarification RequestedMs. Rezanka, The Community Appearance Board’s review of your client’s application is governed by sections 22-36 through 22-47 of the Cape Canaveral Code. The applicable review criteria is set forth in section 22-41(c). This is a separate review from the one conducted for site plans set forth in Chapter 110. In my opinion, Barry’s comments in the agenda packet touch on applicable CAB review criteria. As we discussed a few weeks ago, your client’s site plan will be reviewed under the City’s current site plan review procedures and criteria, and not on the proposed overlay district standards. Please feel free to contact me should you desire to further discuss this. I will be the Board attorney at the meeting tonight. Kate Latorre Katherine W. Latorre, Esq. Board Certified in City, County & Local Government Law 111 N. Orange Avenue, Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net <http://www.orlandolaw.net/> Email: klatorre@orlandolaw.net <mailto:klatorre@orlandolaw.net> Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Kim Rezanka [mailto:KRezanka@deanmead.com] <mailto:[mailto:KRezanka@deanmead.com]> Sent: Monday, February 27, 2012 4:13 PM To: Susan Chapman; City Attorney’s Office; Clerks Office; Barry Brown; David Greene; Kelley, Joyce - CAB; Hamilton, Joyce; Nicholas, Leo; mellis@brev.org <mailto:mellis@brev.org> ; Wasserman, Randy - CAB; 'Bowman, Walter - CAB '; Wolf, Rosalie - CAB; Rick Neale (rneale@floridatoday.com <mailto:rneale@floridatoday.com> ); Building; Council Members; angray8@aol.com <mailto:angray8@aol.com> ; mjtichich@gmail.com <mailto:mjtichich@gmail.com> ; 'Nienstadt, Bob'; Mosh; Dave Menzel Cc: Kate Latorre Subject: RE: Community Appearance Board Meeting Packet - Tuesday, February 28, 2012 - Clarification Requested Dear Mr. Garganese and Ms. Latorre: From my discussions with Ms. Latorre, I understood that the Beachwave Complex's Site Plan Application was to be governed by the existing City standards, not the proposed Overlay District standards. From Mr. Brown's opinions regarding the "deficiencies" of the Site Plan, it appears that he is indeed imposing the proposed standards to this project. Please clarify what standards are intended to be utilized tomorrow night by the CAB. Further, we will object to any presentation of the proposed standards during the public hearing on this matter. Thank you for your attention to this matter. Sincerely, Kim Rezanka <http://www.deanmead.com/> Kimberly Bonder Rezanka Attorney at Law KRezanka@deanmead.com <mailto:KRezanka@deanmead.com> Dean Mead 8240 Devereux Drive, Suite 100 Viera, Florida 32940 321-259-8900 . Fax 321-254-4479 www.deanmead.com <http://www.deanmead.com/> . www.floridatrustsestatesblog.com <http://www.floridatrustsestatesblog.com/> Orlando | Fort Pierce | Viera | Gainesville ________________________________ PRIVILEGED INFORMATION DISCLAIMER: This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please delete this email, destroy any hard copies thereof, and notify us immediately by telephone. Thank you. ________________________________ REGULATORY DISCLAIMER: As required by United States Treasury Regulations, please be aware that this communication is not intended or written by the sender to be used, and it cannot be used, by any recipient for the purpose of (1) avoiding penalties that may be imposed on the recipient under United States Federal Tax Laws, or (2) promoting, marketing or recommending to another party any plan or arrangement addressed herein. ________________________________ Think Green! Please consider our environment before printing this e-mail. ________________________________ From: Susan Chapman [mailto:S.Chapman@cityofcapecanaveral.org] <mailto:[mailto:S.Chapman@cityofcapecanaveral.org]> Sent: Friday, February 24, 2012 10:42 AM To: City Attorneys Office; Clerks Office; Barry Brown; David Greene; Kelley, Joyce - CAB; Hamilton, Joyce; Nicholas, Leo; mellis@brev.org <mailto:mellis@brev.org> ; Wasserman, Randy - CAB; 'Bowman, Walter - CAB '; Wolf, Rosalie - CAB; Rick Neale (rneale@floridatoday.com <mailto:rneale@floridatoday.com> ); Building; Council Members; angray8@aol.com <mailto:angray8@aol.com> ; mjtichich@gmail.com <mailto:mjtichich@gmail.com> ; 'Nienstadt, Bob'; Mosh; Dave Menzel; Kim Rezanka Subject: RE: Community Appearance Board Meeting Packet - Tuesday, February 28, 2012 Good Morning Everyone, Please see the attached Community Appearance Board Meeting Packet for Tuesday, February 28, 2012. Sincerely, Susan L. Chapman, Administrative Assistant/Board Secretary City of Cape Canaveral Planning & Development Department 7510 N. Atlantic Avenue P O Box 326 Cape Canaveral, FL 32920 Phone: (321)868-1205 Fax: (321)868-1247 Email: S.chapman@cityofcapecanaveral.org <mailto:S.chapman@cityofcapecanaveral.org> iteria, and not on the proposed overlay district standards. Please feel free to contact me should you desire to further discuss this. I will be the Board attorney at the meeting tonight. Kate Latorre Katherine W. Latorre, Esq. Board Certified in City, County & Local Government Law 111 N. Orange Avenue, Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: www.orlandolaw.net <http://www.orlandolaw.net/> Email: klatorre@orlandolaw.net <mailto:klatorre@orlandolaw.net> Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering process may result in such reply being quarantined (i.e., potentially not received at our site at all) and/or delayed in reaching us. For that reason, we may not receive your reply and/or we may not receive it in a timely manner. Accordingly, you should consider sending communications to us which are particularly important or time-sensitive by means other than e-mail. Confidentiality Note: This e-mail, and any attachment to it, contains privileged and confidential information intended only for the use of the individual(s) or entity named on the e-mail. If the reader of this e-mail is not the intended recipient, or the employee or agent responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: Kim Rezanka [mailto:KRezanka@deanmead.com] <mailto:[mailto:KRezanka@deanmead.com]> Sent: Monday, February 27, 2012 4:13 PM To: Susan Chapman; City Attorney’s Office; Clerks Office; Barry Brown; David Greene; Kelley, Joyce - CAB; Hamilton, Joyce; Nicholas, Leo; mellis@brev.org <mailto:mellis@brev.org> ; Wasserman, Randy - CAB; 'Bowman, Walter - CAB '; Wolf, Rosalie - CAB; Rick Neale (rneale@floridatoday.com <mailto:rneale@floridatoday.com> ); Building; Council Members; angray8@aol.com <mailto:angray8@aol.com> ; mjtichich@gmail.com <mailto:mjtichich@gmail.com> ; 'Nienstadt, Bob'; Mosh; Dave Menzel Cc: Kate Latorre Subject: RE: Community Appearance Board Meeting Packet - Tuesday, February 28, 2012 - Clarification Requested Dear Mr. Garganese and Ms. Latorre: From my discussions with Ms. Latorre, I understood that the Beachwave Complex's Site Plan Application was to be governed by the existing City standards, not the proposed Overlay District standards. From Mr. Brown's opinions regarding the "deficiencies" of the Site Plan, it appears that he is indeed imposing the proposed standards to this project. Please clarify what standards are intended to be utilized tomorrow night by the CAB. Further, we will object to any presentation of the proposed standards during the public hearing on this matter. Thank you for your attention to this matter. Sincerely, Kim Rezanka <http://www.deanmead.com/> Kimberly Bonder Rezanka Attorney at Law KRezanka@deanmead.com <mailto:KRezanka@deanmead.com> Dean Mead 8240 Devereux Drive, Suite 100 Viera, Florida 32940 321-259-8900 . Fax 321-254-4479 www.deanmead.com <http://www.deanmead.com/> . www.floridatrustsestatesblog.com <http://www.floridatrustsestatesblog.com/> Orlando | Fort Pierce | Viera | Gainesville ________________________________ PRIVILEGED INFORMATION DISCLAIMER: This email is intended solely for the use of the individual to whom it is addressed and may contain information that is privileged, confidential or otherwise exempt from disclosure under applicable law. If the reader of this email is not the intended recipient or the employee or agent responsible for delivering the message to the intended recipient, you are hereby notified that any dissemination, distribution, or copying of this communication is strictly prohibited. If you have received this communication in error, please delete this email, destroy any hard copies thereof, and notify us immediately by telephone. Thank you. ________________________________ REGULATORY DISCLAIMER: As required by United States Treasury Regulations, please be aware that this communication is not intended or written by the sender to be used, and it cannot be used, by any recipient for the purpose of (1) avoiding penalties that may be imposed on the recipient under United States Federal Tax Laws, or (2) promoting, marketing or recommending to another party any plan or arrangement addressed herein. ________________________________ Think Green! Please consider our environment before printing this e-mail. ________________________________ From: Susan Chapman [mailto:S.Chapman@cityofcapecanaveral.org] <mailto:[mailto:S.Chapman@cityofcapecanaveral.org]> Sent: Friday, February 24, 2012 10:42 AM To: City Attorneys Office; Clerks Office; Barry Brown; David Greene; Kelley, Joyce - CAB; Hamilton, Joyce; Nicholas, Leo; mellis@brev.org <mailto:mellis@brev.org> ; Wasserman, Randy - CAB; 'Bowman, Walter - CAB '; Wolf, Rosalie - CAB; Rick Neale (rneale@floridatoday.com <mailto:rneale@floridatoday.com> ); Building; Council Members; angray8@aol.com <mailto:angray8@aol.com> ; mjtichich@gmail.com <mailto:mjtichich@gmail.com> ; 'Nienstadt, Bob'; Mosh; Dave Menzel; Kim Rezanka Subject: RE: Community Appearance Board Meeting Packet - Tuesday, February 28, 2012 Good Morning Everyone, Please see the attached Community Appearance Board Meeting Packet for Tuesday, February 28, 2012. Sincerely, Susan L. Chapman, Administrative Assistant/Board Secretary City of Cape Canaveral Planning & Development Department 7510 N. Atlantic Avenue P O Box 326 Cape Canaveral, FL 32920 Phone: (321)868-1205 Fax: (321)868-1247 Email: S.chapman@cityofcapecanaveral.org <mailto:S.chapman@cityofcapecanaveral.org>