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Home My WebLink AboutOpposition Corresp. to Variance 16-028/17/2016 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 res~~=--=-------- 127 Oak Lane Cape Canaveral, Florida 32920 [))~~~•~~In) 131 Oak Lane Cape Canaveral, Florida 32920 ["Jl I AUG 2 2 2016 I i!J 135 Oak Lane Cape Canaveral, Florida 32920 COM. DEV. DEPT 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 b e parked in the driveway without extending into Oak Lan e's Right of Way. This code requires a minimum front setback to be 25 feet. Thi s violation has been determined by using the "right of way markers" (ROW) i nstalled 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 Sh e ropa LLC st arting construction on 127 and 131 Oak Lane . The (ROW) markers installed by the City of Cape Canaveral are also in agreement with the surveying m a rkers 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. Thi s 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. Be cau se of this, the heavy volume of two-way construction traffic of large trucks caused by the Sheropa LLC development on Oak Lane has cau sed the trucks to veer towards my property and brush the low hanging power line s. I ass ume 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, 20161 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 f?F,e/v ,1 /EP l~N N r:>AJ /~(;, 0/fJ< l II /J £ C,9Pt£ l!,4tJAV€!2/fL P-L-, ,, 3 :J... 9 ::;., 0 Rt ::FJ PT ESTED OF THE AETUFl:N AOORESS FOLO AT DOTTED LINE --------CE'iifiFiEb-'iviAii•--- 11 1111 7015 0640 0004 1076 498 1 j2 ~- 1000 cr ry 0 ~ C/Jf~ Ct1klAu£PtJ~ 32920 Co 1#1 m,,._,J I ry T:>trtJe't,,t>/Jt71 ~A-JT D £1'/4 ~., h1tE 1v T u.11. PBSTAOE CAPi1 CANAVERAL, FL 321120 AUfJciu~\ $6 .47 R2304H10 7946 -0 7 ~-'M-~ :r,.o. Bo,x 32~, CtfF€. C/1/JA0rR/I-L1 PL - 32 r; j O ""' 03;;1._0 32S2.Cr3:J)32S BCt:::4 ,1 \l\,l\\\p1, n I' i 1; ,\HH,,, 1\H 1; 1 \,\n\ ,i 11 1 \ip\ii·\lrn i' ih 8/20/2016 Variance Request No. 16-02 Please supply the following information to the Board of Adjustment who are meeting on August 23, 2016 at 6:00 p.m . Two years ago Sheropa LLC applied for permitting to develop Oak Lane with a faulty survey. I brought this error to the attention of the developer and the building departments. The building department decided to issue a permit for 135 and 139 Oak Lane with the knowledge of this error. During the final construction phase I continued protesting the 25-foot front set back violation and how this would affect my property. That's when Duree Alexander and Michael German required me to submit a survey to support my claim. They then took me to the building department and we examined the blue prints for 127 and 131 Oak Lane and I was given an assurance they would not be constructed with the error. Permitting was issued for 127 and 131 Oak Lane using the faulty survey. That immediately brought it to the attention of the owner of 123 Oak Lane that the 8-foot side setback was in error. That owner was also required to submit a survey to support his claim. Sheropa LLC. has prepared a revised survey for this hearing that is also flawed. David Dickey is suggesting the city relocate the right of way markers to match the faulty survey. If that were to happen everyone in Cape Canaveral would need to move their property lines 12 feet north. I propose we deal with the faulty survey submitted by Sheropa LLC so that would not be necessary. Bernard Lennon 126 Oak Lane Cape Canaveral, FL. Abc777@cfl.rr.com ~------ #£~NII~/) /?1. 1EJ1)Nt:J/U #Y2t~ COM. DEV~ DEPT ;> 1111 U,i P~STAG E CAP~I ANAV ERAL, FL ~ ¾l20 AU 8u~\ ~ ---:-- $6.47 l'n --5120 ~ -R2304H 107948-07 -- \J ---A ~ ~ - \- tj -tv) tj -£'-~ ~ U") t -U") -.::r ~ tQ . -..D '-~ -£'-~ ·-• ~ ~ ..-'I ~ ~ -.::r ~ "'' D \v " "t • • A\\) ~ - D :'.::::) ~ .::r ~~ .Jl ~ D :2 •:.1' ·~ ~ 0 U") -~ '"\ '·· ..-'I 2 " fjj D \..> £'-l ct 11) \L) !~ ~ <l... 0 ~~ ~ /;11 0 \...) """-~ N m (\I Pi ~ ~ ~-~ ---2~ ~ ~~ T ~ ....... <v ~ ~ ~' I- 0,.. -o ~,.u -..l ~ ~ c_') ~ ~ ~ ~ ~ \.) q; ~ i-..4 2 ~ \u -,: ~~~ SC. ----~