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Form: Report a Concern
Site URL: www.cityofcapecanaveral.org
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Name: Bernard M. Lennon
Email: 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
Do Not Click Reply - This e-mail has been generated from a super form.
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 writingetters I sent to: Community Development Department, 110
Polk Avenue, P.O. Box 326, Cape Canaveral prior to the hearing?
2) The owner of 123 Oak Lane, Tim Turner, and myself, Bernard Lennon, 126 Oak Lane, both followed your instruction to stop Patrick T. Lee's LLC from taking our property with a faulty
survey. Why was Tim Turner granted a hearing to stop encroachment by Patrick T. Lee and I was denied a hearing?
3) What is required by me to be granted a public hearing on 127 Oak Lane violation of Section 110-297(a)(1),City Code?
4) Do I have a method to appeal your decision to ignore the signed/sealed surveys submitted by 123 Oak Lane, myself, and the one used by the City to locate the current right-of-way
markers, when you instead choose to use the survey submitted by Patrick T. Lee that has been proven to be wrong?
5) Why are the current Right of Way markers on Oak Lane not being used?
6) What is the name of the surveyor who installed the original right-of-way markers and what is the name of the surveyor being used to relocate the right-of-way markers to match
Patrick T. Lee's faulty survey?
7) You mentioned that a hearing is required to move the right-of-way of Oak Lane. Will I be notified of the date and time of the hearing at least 30 days in advance to prepare a
defense?
8) Since you insist on relocating everyone's property line 12 feet north, what is required by me to remove the fence located between my property and Sea Spray Town homes and move
it 12 feet north?
9) Since you have not yet determined where you are going to locate the new right-of-way, will you be issuing a Certificate of Occupancy to 127 Oak Lane prior to completing the preliminary
engineering work to relocate Oak Lane?
Bernard Lennon
126 Oak Lane
Cape Canaveral, FL
Abc777@cfl.rr.com
Do Not Click Reply - This e-mail has been generated from a super form.
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 writingS-PEN=0.884(MTSSD-PEN=0.884(MTSSDC=0.106|MTSCAT-PEN=0.595(MTSCAT
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x-ms-exchange-organization-avscannedbyv2: MiࠞᘀŐ 瘨ᏨႣernie you 쾀ᏗThanks 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>
Subject: FW: Report a Concern (form) has been filled out on your site.
Report a Concern from website just got this.