HomeMy WebLinkAbout0049_001Kevin P. Markey
Pm fictional Limited Liability Company
Attorney at Law
380 South Courtenay Parkway
Suite A
Merritt Island, FL 32952
September 30, 2022
Via email and 1st class US mail
Garganese, Weiss, D'Agretsa
& Salzman, P.A.
Attn: Anthony Garganese
111 N Orange Ave STE 2000
Orlando, FL 32801
Re: DiChristopher Lot Split
Dear Mr. Garganese:
(321) 631-0758
Kevin@KevinPMarkey.com
I write to address the comments about "compatibility" at the August 16, 2022 City Council
meeting regarding my client's request to split his platted lot into two single family lots of record.
Given our interaction with City staff and the favorable ruling at the Planning and Zoning meeting,
we continue to believe the lot split application meets all of the City code requirements.
Nevertheless, given what I understand to be discussion by some neighboring property
owners and some council members (despite the matter not being formally heard at that meeting), I
thought it prudent to anticipate further discussion about the issue. Moreover, there were also some
audience comments about lot and home size at the subject Planning and Zoning meeting.
Put another way, it appears the term "compatibility" is specifically directed towards the
desire of some neighboring homeowners to see larger homes built on larger lots.
The subdivision, Canaveral Beach Gardens Unit 2 (Plat Bk 17 Pages 81, 82) includes
Blocks 3 thru 9 (see Exhibit "A"). Consider just Blocks 6, 8, and 9 with the single family home
sites along East Central Blvd, Surf Drive, Canaveral Blvd. and Circle Drive. We ask that Council
consider the following in support of my client's contention that the lot split request is compatible
with the rest of the neighborhood of single home sites within this subdivision and the referenced
blocks.
1) Block 8 lies between Central Blvd. to the north where my client's property lies, and
Surf Drive to the south. This block was platted as eight lots, however Lots 2 thru 6 were
each split into two or more lots, now containing a total of 15 single family homes on those
same 5 platted lots (see Exhibit "B" outlined in pink Hi -Lite). It is my understanding those
lots did not go through the re -plat process but were split as in the instant case. The same
can be said for Block 9 Lots 15, 16, and 17, where my client's property lies (see Exhibit
"B" orange Hi -Lite).
Page 1 of 2
s
2) Block 6 was platted as 8 lots and lies between East Central Blvd., Circle Drive and
Canaveral Blvd. But today it shows Block 6 contains 12 single family home sites. All the
homes were built before 2010 and the only re -plat that was required was in 1986 (Kalin's
Replat Plat Bk 32 Page 98) for a portion of Lot 6 (see Exhibit "B" outlined in yellow Hi-
Lite). Again, it appears these "split" lots were not created through the re -platting process.
These splits must have been recognized as legally done through City processes, thus setting
a precedent for future lot splits that meet the R-1 zoning requirements.
3) Lastly, I understand during the August meeting a council member expressed that the lot
may not be compatible because of its shape on the corner. That fact that there may be less
frontage on one street versus another is inconsequential, because as a "double frontage" lot
the total frontage would be the sum of both boundary lines, approximately 164 feet
(exceeding the minimum requirement of 75 feet frontage). The council must consider an
identical lot split in Block 6 Lot 1 where there is an almost identical lot split with the same
corner characteristics that allowed a single family home to be constructed back in 1980,
again with no re -plat required (see Exhibit "B" outlined with green Hi -Lite). My client's
property, being nearly identical is outlined in blue Hi -Lite as seen in Exhibit "B".
In conclusion, I am hopeful the Council members will consider the foregoing and approve
my clients request as it is consistent with prior lot splits within the neighborhood.
Council members
w.morrisollf citvofcanecanaveral.orE
m.kelIum()citvofcauecanaveral.ore,
a.raymond@cityofcapecanaveral.org
Council.davis(al itvofcanecanaveral.or2
d.willisrdicitvofcaoecaaaveral.org
cc: client
enclosure
Page 2 of 2
Sincerely
/s/ P ri,447
Kevin Markey
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Map created September 25, 2022 (mop data dates may vary)