HomeMy WebLinkAboutDavid Dickey will not issue a certificate of occupancy to 127 Oak Lane until Bernard Lennon reviewsSo you will not issue a certificate of occupancy to Parcel ID#24 371428
A.25 (127 Oak Lane) until final engineering is complete and we all have
had a chance for review.
Thank you
Bernard Lennon
-----Original Message-----
From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org]
Sent: Wednesday, August 17, 2016 3:19 PM
To: Joshua Surprenant <J.Surprenant@cityofcapecanaveral.org>; Bernie
<abc777@cfl.rr.com>
Subject: RE: Report a Concern (form) has been filled out on your site.
Thanks Bernie for the email. The City Engineer is currently preparing
preliminary engineering for the improvement of Oak Lane. Once final
engineering is complete, we will be able to determine the status of the
Oak Lane right-of-way.
Note that a number of City staff are involved in reviewing a
single-family structure, to include the Building official and the City
Engineer. They review items such as rights-of-way, setbacks and
stormwater impacts. Dave
Launch your connection...
-----Original Message-----
From: Joshua Surprenant
Sent: Wednesday, August 17, 2016 12:24 PM
To: David Dickey <D.Dickey@cityofcapecanaveral.org
<mailto:D.Dickey@cityofcapecanaveral.org> >
Subject: FW: Report a Concern (form) has been filled out on your site.
Report a Concern from website just got this.
-----Original Message-----
From: Please Do Not Click Reply [mailto:support@govoffice.com
<mailto:support@govoffice.com> ]
Sent: Wednesday, August 17, 2016 10:32 AM
To: Joshua Surprenant <J.Surprenant@cityofcapecanaveral.org
<mailto:J.Surprenant@cityofcapecanaveral.org> >
Subject: Report a Concern (form) has been filled out on your site.
Your Site has received new information through a form.
Form: Report a Concern
Site URL: www.cityofcapecanaveral.org
<http://www.cityofcapecanaveral.org>
-------------------------------------------------
Name: Bernard M. Lennon
Email: abc777@cfl.rr.com <mailto:abc777@cfl.rr.com>
Phone Number: (321)435-4159
What is your concern?: 8/17/2016
To: The City of Cape Canaveral, Community Development Department
Regarding Variance Request No. 16-02 Sheropa LLC Owned by Patrick T. Lee
400 Harbor Dr. Cape Canaveral, Fl. Has constructed the following 4 homes
for the purpose of resale.
127 Oak Lane Cape Canaveral, Florida 32920
131 Oak Lane Cape Canaveral, Florida 32920
135 Oak Lane Cape Canaveral, Florida 32920
139 Oak Lane Cape Canaveral, Florida 32920 All 4 homes are in violation
of [Section 110-297(a)(1), City Code] to the extent that a car cannot be
parked in the driveway without extending into Oak Lane's Right of Way.
This code requires a minimum front setback to be 25 feet.
This violation has been determined by using the "right of way markers"
(ROW) installed by the City of Cape Canaveral on Oak Lane to define the
(ROW) limits of Oak Lane Cape Canaveral, Florida.
The (ROW) markers installed by the City of Cape Canaveral are in
agreement with the survey I gave to Duree Alexander (Cape Canaveral Code
Enforcement) and Michael German (Cape Canaveral Building Official) for
the purpose of defending my property from encroachment by the Sheropa
LLC. developer, prior to Sheropa LLC starting construction on 127 and
131 Oak Lane.
The (ROW) markers installed by the City of Cape Canaveral are also in
agreement with the surveying markers that the owner of 123 Oak Lane had
to pay out of pocket for the purpose of defending their property from
encroachment by the Sheropa LLC developer.
This violation has created a cascade of problems. Sheropa LLC has
removed asphalt and installed paver bricks and dug a large hole for
installing utilities in the wrong location that is extending as much as
14 feet into Oak Lane's right of way. Because of this, the heavy volume
of two-way construction traffic of large trucks caused by the Sheropa
LLC development on Oak Lane has caused the trucks to veer towards my
property and brush the low hanging power lines. I assume the rubber
tires protect the drivers from electrocution. The large hole continues
to remain open and unprotected for more than 6 months.
On February 23, 2016 I received an e-mail from David Dickey (Community
Development Director of Cape Canaveral) that stated "Please note that a
Certificate of Occupancy will not be issued until this issue is
resolved," and again on March 16 2016 "In my email to you on February
23rd, I explained the situation and assured you that a Certificate of
Occupancy would not be issued until this issue was resolved." "You ask
whether you will be informed of the outcome of this survey dispute and
have a chance to have input or appeal. The affected parties will be
notified of the results of the review." All of my attempts to resolve
this issue have been ignored by David Dickey, and on 5/16/2016 he
covertly issued a Certificate of Occupancy to 131 Oak Lane without
informing me or informing the new owners of the violations. All 4 homes
also have issues with elevation that can potentially cause problems with
flooding and sewage backing up into their homes.
By allowing these homes to be built into the right of way, the city is
inferring that the right of way has been moved, thus changing my
property lines, in effect stealing my property without notice or a
hearing. Just because Patrick T. Lee is a former Mayor of Cape Canaveral
does not give him the authority to confiscate a large portion of my
property for his own financial gain or create safety hazards for the
citizens of Cape Canaveral.
I have accumulated 2 years' worth of communications involving this
matter that are available upon request.
Bernard M. Lennon
126 Oak Lane
Cape Canaveral, FL. 32920
abc777@cfl.rr.com <mailto:abc777@cfl.rr.com>
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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