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Home My WebLink AboutB. Lennon Letter 9.26.18September 26, 2018 Dear Brevard County Commissioners, Anthony Garganese and David Dickey. In response to the letter Mr. Garganese sent to all of us on Sep:ernber 21 2018. Mr. Garganese claims this is a simple zoning issue arid the County has no jurisdiction over the City in zoning maters. He ignores my complaint of abuse of power by the City of Cape Canaveral, which the County does have jurisdiction over. He then insinuates I have no standing to challenge Sheropa's variance because I live across the street, and tllat I fabricated stories to lend credence to whatever it is I am claiming. Mr. Garganese insinuates "Assuming there was a police investigation of any kind, neither I nor the City have control over how the Sheriff's Office conducts their investigations." Please refer to Brevard County Sheriff's Office ORI number: FL0050000 incident: 2016-00295105 and make your own conclusion whether the City has control over the Sheriff's Office. Mr. Garganese is aware I took his suggestion and directed my questions to the Sheriffs Office. Officer Johnson told me her supervisor informed her the Sheriff's Office does not 11ave the resources to investigate the City. Mr. Garganese is aware I was not given proper notice to the original variance hearing on 8/23/2016, yet he suggests it is my fault I had to present written testimony at that hearing. He then conspired with with Mr. Dickey prior to the hearing to prot1ib1t me from appealing the hearing because of it. So on 8/24/2016, Mr. Dickey denied my request for appeal. Only after my complaint to the Sheriff's Office did the City grant my request. The neighbor at 131 Oak Lane informed Mr. Garganese of his flawed belief that it is only a courtesy to give notice within a 500 foot radius of a variance hearing. That neighbor also informed him of the differences in lav, between a variance hearing and an appeals hearing. It was then cletermined the Variance hearing 2016-02 was invalid because the Board of Adjustments made their decision without hearing the objections of the neighboring homeowners. I am sorry, Mr. Garganese, but each time I read your description of how you changed a vacated hearing into a valid hearing, the logic is beyond me. It makes me doubt your claim that hearings like this are conducted throughout the United States of America on a daily basis. Your letter also makes me question whether you truly understand what a de novo hearing is. The legal definition of de novo: "beginning again," "new trial." Under this definition, Sheropa would be required to follow all the rules and apply for a new variance hearing. The reason for this requirement is now that the neighboring homeowners have been informed of the variance request and the impact to them, additional information has surfaced. Mr. Garganese, by calling this a "de novo" "appeals" hearing, you are placing extreme restrictions on what can be discussed. A true de novo hearing would not have these restrictions ancl it would be performed by the Board of Adjustments, not the City Council. The reason for this requirement is the applicant is a former mayor of Cape Canaveral and he has close ties to the current mayor. With the current mayor in charge of the appeals hearing, it will create an unfair advantage for the former mayor. Also, the current Mayor Hoog has made an aggressive, unannounced visit to my home, explaining how his father built some of the first mobile home parks in Cape Canaveral without surveys, and therefore surveys aren't worth a damn. The then-owner of 131 Oak Lane commissioned a ve.ry cornpn:'hensive and expensive survey of the entire Oak Lane properties. Mr Dickey supplied me ,,vitn a copy of that survey without a signature or seal. If the City has misplaced that survey by G•~odata Consultants. Inc November 17, 2016, that is signed with a raised seal, then I can supply yo~ with one upon request. That survey concluded the home in question is in fact built on the property line between 123 and 127 Oak Lane, not 4 feet. This needs explaining by the City :)1 Cape Canaveral, why they would grandfather a vacated variance for 4 foot? The survey also confirms all 4 homes built by housing developer Sheropa LLC on Oak Lane are in violatio,1 o,' city codes, leaving all owners with legal issues. For further information about this, see the lawsuit fil11d by then-homeowner of 131 Oak Lane with the Eighteenth Judicial Circuit in Brevaro Cou;·1~1 case number 05-2016- ca-048956-xxxx-xx a 55 page amended complaint, filed on C 1/24/201 7. On September 1, 2018, I asked Mr. Dickey if the City had any information to dispute the accuracy of this survey. On September 6, 2018, Mr. Dickey confirmed the City did not have information to dispute the accuracy of this survey. On September 12.: 3 & 14. 2018, a surveying crew was on Oak Lane. I was informed by them that they 1,vere hired by the City of Cape Canaveral. Mr. Dickey, pursuant to article I, section 24 of the Florida Ccnstitution 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 performed on September 12. 13 8: 14. 2018 2) The name of the person who requested the survey and the date c; the request. 3) The reason for the requested survey. 4) The written, verbal and electronic instructions given to ttle surveyors. paying close attention to any unusual requests to deviate from a normal survey. According to the statue, this request should be acted upor'. 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 t11e name and title or position of the person responsible for the denial. Please allow me a minimum of 14 days to inspect the records before scl1eduling any hearings or making any decisions regarding violations of the Sheropa housing development on Oak Lane. In the unlikely event this new survey disagrees with the survey rJy Geodata Consultants, performed on 11/17/2016, I will need additional time to consult with Geoclata Consultants. To the Brevard County Commissioners: I request the Brevard County Sheriff's office reopen my complaint against Cape Canaveral Community Development Director David Dickey. Also, please provide oversight with regards to the Sheropa housing development. Since this housing development was not properly planned and managed, tl1e entire neigr1borhood has suffered flooding, poor drainage, and even raw sewage occasionally iioating do•.i11n trie road. The City is well aware of these problems. Thank you for your assistance on this matter. Respectfully, Bernard Lennon 126 Oak Lane Cape Canaveral, FL. 32920 Email abc777@cfl.rr.com j This request has been mailed certified to: Mayor "Bob" Hoog 21 0 Jefferson Ave Cape Canaveral, FL. 32920 [70181130 0001699994£131 Anthony Garganese 111 N. Orange Ave Suite 2000 Orlando, FL. 32801 [7018 1130 0001 6999 9509] David Dickey 100 Polk Ave Cape Canaveral, FL. 32920 [7018 1130 0001 6999 956·1 j Commissioner Rita Pritchett 2000 South Washington Ave Titusville, FL. 32780 [70181130 000169999516] Commissioner Jim Barfield 2575 N. Courtenay Parkway Suite 200 Merritt Island, FL. 32953 [7018 1130 0001 6999 9523) Commissioner John Tobia 2539 Palm Bay Road N.E. Suite 4 Palm Bay, FL. 32905 [7018 1130 0001 6999 9530] Commissioner Curt Smith 2725 Judge Fran Jamieson Way Building C Suite 214 Viera, FL. 32940 [7018 1130 0001 6999 954 7] Commissioner Kristine lsnardi 490 Centre Lake Drive Suite 175 Palm Bay, FL. 32907 [7018 1130 0001 6999 9554]