HomeMy WebLinkAboutFW Oak Lane and Variance Request No 2016-02 Public Records Request under Ch 119 (3)FYI. David G.
From: Anthony A. Garganese [mailto:agarganese@orlandolaw.net]
Sent: Friday, October 21, 2016 5:46 PM
To: Terri <terrilynbowman@yahoo.com>
Cc: David Greene <D.Greene@cityofcapecanaveral.org>; Mia Goforth
<M.Goforth@cityofcapecanaveral.org>; Daniel LeFever
<D.LeFever@cityofcapecanaveral.org>
Subject: RE: Oak Lane and Variance Request No. 2016-02; Public Records
Request under Ch. 119
Terri,
It was nice talking to you this afternoon and I hope I was able to
clarify a few points for you.
As we discussed, apparently the City received outdated address
information from Brevard County that did not include the 5/17/2016
recent purchase of your property. That explains why your LLC did not
receive actual mailed notice. It is my understanding from talking to
you that you are seeking additional time to prepare for the hearing
before the advisory hearing officer. Under the circumstances, the City
Manager understands that your property is located adjacent to the
subject variance property, although on the opposite side of the subject
variance request. As such, he has agreed to your request to postpone
the hearing on Monday, October 24, 2016 to afford you the additional
time that you seek so that you can determine for yourself whether this
variance request may impact your property. Attached is a Notice of
Cancellation which is in the process of being distributed by the City.
In addition, for your convenience, I have attached the three (3)
surveys that we discussed for your consideration. The surveys are
numbered in the right hand corner 1 through 3. The first is the
original Walker Survey (dated 10-21-15) relied upon by the City to issue
the building permit for the construction of the new single family home
at 127 Oak Lane. The second survey is the Riehl Reliable Survey (dated
1/15/16) that was subsequently presented to the City by the owner of 123
Oak Lane (Turner) contesting the accuracy of a portion of the Walker
Survey. Specifically, Riehl Reliable Survey depicts and calls out a
slightly angled common boundary line between 127 Oak Lane and 123 Oak
Lane. This survey was apparently presented to Walker Surveying and they
apparently concurred with the Riehl Reliable Survey because they
withdrew the 10-21-15 survey and resubmitted a revised survey for 127
Oak Lane using the common boundary line surveyed and depicted in the
Riehl Reliable Survey. The Third, revised Walker Survey (dated 8-11-16)
is the current survey being relied upon by the City.
As I understand it, because the eastern boundary of the property
located at 127 Oak Lane was redrawn further west on an angle, the house
under construction was no longer in compliance with the 8 foot zoning
minimum side setback requirement. Therefore, Sheropa LLC decided to
seek a 4 foot side setback variance on the east side of the house near
the common boundary between 127 Oak Lane and 123 Oak Lane. No other
variance is being requested by Sheropa LLC for 127 Oak Lane.
As we further discussed, you will note that the two Walker Surveys
depict and describe the same western boundary, which is the common
boundary with your property. Further, the side setback of the proposed
single family house near your common property line appears to be noted
as 11.5 feet. In addition, you will note that all three surveys, the
two by Walker and the one by Riehl Reliable, depict and describe the
same southern right-of-way boundary line for Oak Lane (S 89 38’ 33” E).
Lastly, unrelated to the variance request, I mentioned to you that the
City is in the process of having preliminary design plans prepared for
possibly paving the existing Oak Lane ROW and improving drainage.
However, the preliminary plans have not been finalize and formally
presented to the City Council for review and consideration at one or
more public meetings. At this time, no decision has been made by the
City to pursue and construct the Oak Lane project. Although I
understand that these preliminary plans are incomplete and a
“work-in-progress,” I believe the City has made these preliminary,
incomplete plans available for inspection on the City’s website. You
can inspect them on the website or at City Hall.
Please contact me if you have any questions regarding this matter.
Regards,
Anthony
Anthony A Garganese, Esquire
Board Certified City, County & Local Government Law
Garganese, Weiss & D’Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32801
P.O. Box 2873 (32802-2873)
Phone (407) 425-9566
Fax (407) 425-9596
Cocoa (866) 425-9566
Website: www.orlandolaw.net <http://www.orlandolaw.net/>
Email: agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net>
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From: Terri [mailto:terrilynbowman@yahoo.com]
Sent: Friday, October 21, 2016 12:48 PM
To: Anthony A. Garganese
Cc: d.greene@cityofcapecanaveral.org
<mailto:d.greene@cityofcapecanaveral.org> ;
m.goforth@cityofcapecanaveral.org
<mailto:m.goforth@cityofcapecanaveral.org> ;
d.lefever@cityofcapecanaveral.org
<mailto:d.lefever@cityofcapecanaveral.org>
Subject: Re: Oak Lane and Variance Request No. 2016-02; Public Records
Request under Ch. 119
Anthony,
Thank you for your below response. I don't follow how this hearing is
appropriate under the Code provisions you cite and given the lack of
notice to me or, as is now apparent, any of the homeowners on Oak Lane
other than the applicant of the August hearing. That is a violation of
Constitutional due process, Florida law, your code, and your practice
and procedures. In this instance generalized notice is not sufficient.
I repeat my objection to the October 24 Hearing and repeat my request
for a new hearing on the variance request to be scheduled in accordance
with the Code.
It is inaccurate and improper for the City to assume that the variance
request does not impact my property rights. The issue underlying the
variance request seems to involve a dispute regarding property lines. I
own an adjacent parcel to the offending parcel -- the issues involved in
this hearing are highly relevant to my property rights. I should have
been provided the opportunity to participate in the August variance
hearing to determine the extent of any issue.
This request to re-schedule the original hearing is particularly
important because the City has not responded substantively to my Records
Requests. I asked for expedited response given the very short notice I
received of the "appeal" hearing (having had no notice of the underlying
hearing). The failure to respond to my requests has simply perpetuated
the problem created by lack of notice. The City should do the right
thing here and reschedule this hearing and give proper notice.
I have received no direct communication regarding responses to my
requests, submitted more than a week ago. I reviewed the website - when
it is functioning - and while I see a lot of email correspondence with
Mr Lennon and miscellaneous items, I do not see the responses to my
requests. If they are posted, please indicate with specificity by file
and subtitle where I may find the responses to my specific requests.
Also, please indicate to whom I may send my statement and objection for
submission into the public record for the October 24 hearing if it
proceeds.
Thank you.
Respectfully,
Terri Bowman
Cypress Shareholders LLC
202-276-2700
Sent from my iPhone
On Oct 14, 2016, at 6:52 PM, Anthony A. Garganese
<agarganese@orlandolaw.net <mailto:agarganese@orlandolaw.net> > wrote:
Ms. Bowman,
The undersigned is the City Attorney. It is my understanding
that the City Clerk has been in contact with you regarding your public
records request and the City will be handling that request in accordance
with its records policy.
I noticed that several requests in your letter (the first
sequence, numbered 1 through 5) are not really a public records but a
request for background information that may or may not be contained in a
record. As a courtesy to you, I would like to provide that background
information to you.
1. The appeal to the City Council regarding the Board of
Adjustment's decision on the variance application is provided under
Sections 110-27 and 110-33, City Code.
2. The advisory hearing officer was authorized by the City
Council at the City Council's September 6, 2016 meeting in accordance
with the City Council's general and home rule powers.
3. The hearing officer's name is attorney Drew Smith.
4. The general standard of review and procedures for the
hearing are set forth in Chapter 110, Article II, of the City Code.
Variances in particular are also governed by Sections 110-36 and 37.
Such proceedings are also governed by applicable case law.
5. The hearing for the advisory hearing officer is scheduled
for Monday, October 24, 2016 at 4:30 p.m. at the City of Cape Canaveral
Public Library, 201 Polk Avenue, Cape Canaveral, Florida. The hearing
officer will deliver a written recommendation to the City Council for
its final decision at its December 20, 2016 regular meeting to be held
at 6:00 p.m. in the Cape Canaveral Public Library, 201 Polk Avenue, Cape
Canaveral, FL.
Have a good weekend.
Anthony A Garganese, Esquire
Board Certified City, County & Local Government Law
Garganese, Weiss & D’Agresta, P.A.
111 N. Orange Avenue, Suite 2000
Orlando, Florida 32801
P.O. Box 2873 (32802-2873)
Phone (407) 425-9566
Fax (407) 425-9596
Cocoa (866) 425-9566
Website: www.orlandolaw.net
<http://cp.mcafee.com/d/avndz8wrho73HKfcfc6XCTTPhOyeojd79JZYQsEzC773rXVE
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Email: agarganese@orlandolaw.net
<mailto:agarganese@orlandolaw.net>
Any incoming e-mail reply to this communication will be
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process may result in such reply being quarantined (i.e., potentially
not received at our site at all) and/or delayed in reaching us. For that
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timely manner. Accordingly, you should consider sending communications
to us which are particularly important or time-sensitive by means other
than e-mail.
Confidentiality Note: This e-mail, and any attachment to it,
contains privileged and confidential information intended only for the
use of the individual(s) or entity named on the e-mail. If the reader of
this e-mail is not the intended recipient, or the employee or agent
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delete it from your system. Thank you.
-----Original Message-----
From: terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com>
[mailto:terrilynbowman@yahoo.com]
Sent: Thursday, October 13, 2016 7:10 AM
To: Anthony A. Garganese; d.greene@cityofcapecanaveral.org
<mailto:d.greene@cityofcapecanaveral.org> ;
m.goforth@cityofcapecanaveral.org
<mailto:m.goforth@cityofcapecanaveral.org> ;
d.lefever@cityofcapecanaveral.org
<mailto:d.lefever@cityofcapecanaveral.org>
Cc: terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com>
Subject: Oak Lane and Variance Request No. 2016-02; Public
Records Request under Ch. 119
SUBJECT: Oak Lane and Variance Request No. 2016-02; Public
Records Request under Ch. 119
Dear Mr. Garganese, Mr. Greene, Ms Goforth, and Mr. lefever:
I write in my individual capacity and as the owner of Cypress
Shareholders, LLC, which is the owner of 131 Oak Lane, Cape Canaveral FL
32920.
Please see the attached letter.
I can be reached by phone at 202-276-2700 or by email at
terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com> . I would be
happy to discuss any of these requests.
Thank you,
Terri L. Bowman
Individually and as
Member/Manager of Cypress Shareholders LLC
terrilynbowman@yahoo.com <mailto:terrilynbowman@yahoo.com>
202-276-2700
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
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
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