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Home My WebLink AboutFW Oak Lane and Ocean Garden Lane (2)FYI Joyce Muse Public Works Services Director City of Cape Canaveral 321-868-1240 From: David Greene Sent: Tuesday, October 20, 2015 3:41 PM To: Joyce Muse <J.Muse@cityofcapecanaveral.org>; Lonnie Dunn <L.Dunn@cityofcapecanaveral.org> Subject: FW: Oak Lane and Ocean Garden Lane Team, FYI. dg From: John Pekar [mailto:johnpekarpe@gmail.com] Sent: Tuesday, October 20, 2015 1:30 PM To: Mia Goforth <M.Goforth@cityofcapecanaveral.org <mailto:M.Goforth@cityofcapecanaveral.org> > Cc: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> >; David Greene <D.Greene@cityofcapecanaveral.org <mailto:D.Greene@cityofcapecanaveral.org> >; Michael German <M.German@cityofcapecanaveral.org <mailto:M.German@cityofcapecanaveral.org> >; Angela Apperson <A.Apperson@cityofcapecanaveral.org <mailto:A.Apperson@cityofcapecanaveral.org> > Subject: Re: Oak Lane and Ocean Garden Lane All: Please see my comments attached. John A. Pekar, PE On Tue, Oct 20, 2015 at 12:07 PM, Mia Goforth <M.Goforth@cityofcapecanaveral.org <mailto:M.Goforth@cityofcapecanaveral.org> > wrote: Dave, Mary Nail called this morning to find out who our City Attorney is and asked for the phone number; then she proceeded to inform me that there is a serious and "illegal" drainage/elevation issue due to the construction on Oak Lane - behind 114/116 Ocean Garden Lane. Although she does not live there, she said she built the structures that her daughter and friend now live in. She has already spoken to the Building Official, City Engineer and the St John's River Water Mngmt (Mark Van Headon) who told her they have not jurisdiction over the area. Please return her call at (c) 432-2923. Thank you. Mia Mia Goforth, Deputy City Clerk m.goforth@cityofcapecanaveral.org <mailto:m.goforth@cityofcapecanaveral.org> <mailto:m.goforth@cityofcapecanaveral.org <mailto:m.goforth@cityofcapecanaveral.org> > City of Cape Canaveral 105 Polk Avenue/P.O. Box 326 Cape Canaveral, FL 32920 321-868-1220 x221/FAX 321-868-1248 www.cityofcapecanaveral.org <http://www.cityofcapecanaveral.org> <http://www.cityofcapecanaveral.org/> 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 -- John A. Pekar, PE Managing Member John A. Pekar, PE, LLC 102 Columbia Drive Suite 207 Cape Canaveral, FL 32920 (321) 613-2959 ofc (321) 288-1040 cell johnpekarpe@gmail.com <mailto:roniflowe@gmail.com> 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 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 ur 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> Any incoming e-mail reply to this communication will be electronically filtered for "spam" and/or "viruses." That filtering 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 reason, we may not receive your reply and/or we may not receive it in a 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 respon