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HomeMy WebLinkAboutReport a Concern (form) has been filled out on your site (16)Your Site has received new information through a form. Form: Report a Concern Site URL: www.cityofcapecanaveral.org ------------------------------------------------- Name: Bernard Lennon Email: abc777@cfl.rr.com Phone Number: (321)543-4541 What is your concern?: 4/18/2017 To: Cape Canaveral Mayor Robert Hoog, City Council, City Manager and City Attorney Regarding "de novo" variance request 17-01 1) The City of Cape Canaveral granted Variance 17-01 on 3/2/2017 without requiring the applicant to answers the questions regarding Sec. 98-31(a) (b). The replat of lot 1 on 1/19/2007 was in violation of Sec. 98-31 (a) (b). 2) The applicant purchased a "Special Warranty Deed" on 9/25/2015 that clearly states "Subject to; covenants, conditions, restrictions, easements, reservations and limitations of record," This makes it very hard for the applicant to argue Sec. 110-37. (b) (1) and (2) and (3) and (4) (c). 3) If you are to ignore Sec. 110-248 (6) and Sec. 110-337 (4) then A VARIANCE IS NOT REQUIRED to build to the minimums as required by Sec. 110-37.(b) (5) (c). The 50 foot setback can remain in place. The applicant wants to build a building that is 5 times the minimum. This is not an acceptable reason for the variance. 4) Why was Sec. 110-248 (6) and Sec. 110-337 (4) not discussed? Mr. Dickey argued that code will not allow C-1 use of the applicant's remaining 3 lots because of the neighborhood's R-1 usage. 5) On numerous occasions the Board attempted to discuss 110-37. (6) (c). But the City Attorney and David Dickey told them it was not appropriate to discuss. 6) On numerous occasions the Board attempted to insert landscaping requirements due to such a drastic exception to code. But the City Attorney and David Dickey told them it was not appropriate. 7) How did the City calculate the lot depth @ 58.4 feet even after Diana Pittner informed the City on 3/14/2017 that it is only 53.4 feet? Will 8805 Sea Shell Lane lose 5 feet of their property? Remember this is the same type of error that the City used to justify taking 17 feet from my home @ 126 Oak Lane. 8) While these conditions may seem unduly harsh and stringent to the individual applicant, it must be remembered that the Zoning Ordinance was enacted for the benefit of the community as a whole and requires an organized and controlled pattern of the community's development, per the City of Cape Canaveral's Variance worksheet. A signed certified [7016 2710 0000 0953 4142] copy has been mailed to Anthony Garganese 111 N. Orange Ave Suite 2000 Orlando, FL. 32801 Bernard Lennon 126 Oak Lane Cape Canaveral, FL. 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 writing