HomeMy WebLinkAboutcocc_certltr_lennon_201804099/1/2018
Dear Mr. Dickey
In reference to the certified letter you sent to me on ~l/2018. ¥et:1 3ttst! tl'I! Cit9 Ce1:1 ncil and your self
will consider the appeal to variance #2016-02.
On October 26 2016 the City of Cape Canaveral attorney Anthony Garganese determined the Board of
Adjustment variance hearing 2016-02 held on August 23 2016 was invalid due to violations of
Constitutional due process, Florida law, the City of Cape Canaveral code of practice and procedures. Mr.
Garganese explained this made an appeal "Moot".
The Sheropa LLC housing developer was then required to apply for a new "de novo" Variance hearing
that was scheduled for November 22 2016.
The neighboring property to this variance commissioned a very comprehensive survey of the entire Oak
Lane that showed all the homes built by Sheropa LLC on Oak Lane were in violation of City code. This
survey was submitted to the City of Cape Canaveral on November 21 2016. The Sheropa housing
developer immediately withdrew the application for the "de novo" Variance hearing that was scheduled
for November 22. This will require Sheropa to follow city code 110-28 and apply for a new hearing with
the Board of Adjustments if Sheropa should desire a variance. This is especially true in light of the new
information uncovered since August 2016 involving all 4 homes constructed by Sheropa.
The owner of one of the homes sold by Sheropa LLC filed a law suit against the owner of Sheropa LLC
Patrick Lee for fraud that strongly implicates you David Dickey and the City of Cape Canaveral. That law
suit resulted in Patrick Lee being required to refund all the money and pay damages to the home owner.
That home is now vacant and will also require variances to comply with code .
This fraud has caused all the remaining homes constructed by Sheropa to be in violation of City code
and also require variances.
Pursuant to article I, section 24 of the Florida Constitution, and chapter 119,F.S., I am requesting the
opportunity to obtain a copy of the following City of Cape Canaveral records:
1) The survey of Oak Lane that was commissioned by the City of Cape Canaveral for the use of
installing the Right-of-Way markers on Oak Lane.
2) The survey of Oak Lane that was commissioned by the City of Cape Canaveral on 9/14/2016 for
preliminary construction on Oak Lane. By John A. Pekar
3) The Survey of Oak Lane that was submitted to the City of Cape Canaveral on 11/21/2016 by the
home owner of 131 Oak Lane.
4) The Survey of 126 Oak Lane that was requested by Cape Canaveral Code enforcement officer
Duree Alexander and submitted by me on 2/27/2016 to show 139 Oak Lane was starting
construction in the wrong location.
5) Any and all information the City of Cape Canaveral has that would dispute the accuracy of the
above surveys. If none please state so.
According to the statute, this request should be acted upon as soon as possible, but in no event later
than 5 business days following receipt of this letter. If access to the records I request is going to take
longer, please contact me so we can work out a reasonable date.
If you choose to deny this request, then you are required to respond in writing and state the
statutory exception authorizing the withholding of all or part of the public record and the name and
title or position of the person responsible for the denial.
Please allow me a minimum of 14 day to inspect the records before scheduling any hearings or
making any decisions regarding violations of the Sheropa housing development on Oak Lane .
Thank you for your assistance on this matter.
Respectfully,
Bernard Lennon
126 Oak Lane Cape Canaveral, FL. 32920
abc777@cfl.rr.com
This request has been notarized and mailed certified to:
Mayor "Bob" Hoog 210 Jefferson Ave Cape Canaveral, FL 32920 [7018 0680 0002 3250 6491]
David Dickey 100 Polk Ave Cape Canaveral, FL . 32920-0326 [7018 0680 0002 3250 6507]
Anthony Garganese 111 N. Orange Ave Suite 2000 Orlando, FL 32801 [7018 0680 0002 3250 6514]
Brevard County Commissioner (Chair) Rita Pritchett 2000 South Washington Ave Titusville, FL. 32780
[7018 0680 0002 3250 6538]
STATE OF F~A Q
COUNTY OF ~{JJ;
The foregq~instrum~~w~acknowtedged before (Jt-l _dayo,~..:..20Jb by
moQ~ Car rn d <&w,lin
otary Public's Signature Notary Name
Personally Known __ OR ,!""-: -
Type of Identification Produced ){, v-L ·Qy\V if Lt Cet,St:;
Camie! L. Bardin
NOTARY PUBLIC
~STATE OF FLORIDA
--....-,=-.,·, ..... Comm# GG205271
i'I" Expires 4/9/2022
'""'--------~(:~tJ 1C l-1€:P-IJOLJ I :i-<;o 6 ll k L-.lt oe.-c rf Pl( C 11/J Av e"/<fit, ,::-c, r °B,).9:>-, PLACE STICKER AT TOP OF ENVELOPE TO THE Rlut. f OF THE RETURN ADDRESS. FOLD AT DOTIEO LINE ·----------------------------------CERTIFIED MAIL® 111 1111 7018 0680 0002 3250 6491 --_...._ .. ~.;.'!f_C-.,,.•,hon .... -..~ .. '-='• ~-~ ~ ~ 11/IIIIIIIIIIIIIIII W9..ti 'L.'tff ~~E PAID i2v~ CANAVERAL, FL iioBNr18 $3.95 (!£0 32920 R2304E107244-21 In ft y () tr.. tJP6 p/tPe:> C. 110 .2 ~ f F ~a, '$01\) ttu£ ':f1P€ C' ,1, i-J A I) f5"~ A l I rL, "52f/:2-0 3292i:1::t:2934 CC;C;S ,, 11,,, ,/ 1,1, ,,//I,,,, I' I JI II JJ,,I 1/ 1/ 1, ,1, ,11,1,, I, ,J,, I 1,,,1, ,;