The URL can be used to link to this page

Home My WebLink AboutRE EXTERNAL 8963 Astronaut Blvd. _____ Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org _____ David, I have reviewed the documents that your office provided. It appears that stop operating at the location at some point due to the lack of business apparently caused by COvid-19 and the impact on the cruise and tourist industry. As such, on January 1, 2021, Hertz provided notice to the property owner/Landlord that it will be vacating the premises on or before May 31, 2021. Further, the BTRs were current through fiscal year ending September 30, 2021. In addition, on July 2, 2021, the property owner/Landlord released the property to another company to be used for vehicle rentals. Section 110-197 of the City Code addresses abandonment of nonconforming land uses. A close reading of the Code reveals that this section has an element of “intent” related to the act of abandonment of the nonconforming use by the property owner. Courts in Florida have held that similar Code provisions related to abandonment of a nonconforming use require more than the passage of the requisite time period; it requires voluntary cessation of the nonconforming use with the intent that the cessation of such use be permanent. See, e.g., Persaud Properties FL Investments, LLC v. Town of Fort Myers Beach, 310 So. 3d 493 (Fla. 2d DCA 2020)(Strictly construing the Town's abandonment ordinance in favor of the property owner who closed for renovations); Sarasota County v. Bow Point on Gulf Condominium Developers, LLC, 974 So. 2d 431 (Fla. 2d DCA 2007) (“[T]he suspension of Bow Point's motel operation for sixteen months during necessary repairs and renovations did not constitute a discontinuance of the nonconforming use.”). In this case, I do not see any evidence that would cause the City to reasonably conclude that the property owner has abandoned the nonconforming vehicle rental use at this time such as a change to a conforming use of land. Please contact me if you want to discuss this issue in more detail. Have a good weekend. Regards, Anthony Anthony A. Garganese, Shareholder Board Certified in City, County & Local Government Law Florida Certified Circuit – Civil Mediator Florida Supreme Court – Trained Arbitrator 111 N. Orange Ave., Suite 2000 P.O. Box 2873 Orlando, Florida 32802-2873 Phone (407) 425-9566 Fax (407) 425-9596 Kissimmee (321) 402-0144 Cocoa (866) 425-9566 Website: <http://www.orlandolaw.net/> www.orlandolaw.net Email: <mailto:sshell@orlandolaw.net> sshell@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 responsible for delivering it to the intended recipient, you are hereby notified that reading it is strictly prohibited. If you have received this e-mail in error, please immediately return it to the sender and delete it from your system. Thank you. From: David Dickey [mailto:D.Dickey@cityofcapecanaveral.org] Sent: Tuesday, September 28, 2021 2:58 PM To: Anthony A. Garganese <agarganese@orlandolaw.net> Cc: Brenda Surprenant <b.surprenant@cityofcapecanaveral.org>; Donna Getz <d.getz@cityofcapecanaveral.org> Subject: [EXTERNAL] 8963 Astronaut Blvd. _____ WARNING - EXTERNAL EMAIL: Ensure you trust this sender before clicking on any links or attachments. Please report any suspicious mail. _____ Hi Anthony. See attached related to 8963 Astronaut. I did not find and building permits for the subject property. With respect to City BTRs, I found the following: License Year 2019 – Approved/Renewed on 7/22/2019 – expired on 9/30/2019 2020 – no info. Found 2021 – Approved/Renewed on 12/08/2020. Expires on 9/30/2021. 2022 - FY 2022 license was cancelled by licensee Brenda or Donna, not sure if you have anything to add. David Dickey Community & Economic Development Director <https://url.emailprotection.link/?bKDznT66qPWPJO-dP5aLGqYR1Gg55ZIVcQu9YIXKmayZ8DdI0CStb99QbAHESuqQ3rQxYoUVIYUX0dYnTG40Ne15uUQ7ovVk1LapydcAK1VZXZJ5IBMksBntg620xXXle> City of Cape Canaveral (321) 868-1220 x118 100 Polk Avenue — P.O. Box 326 Cape Canaveral, Florida 32920 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. t Luxury Rentals - Meeting request _____ Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org <mailto:phishalert@cityofcapecanaveral.org> _____ Hello David, I hope this email finds you well. We are approaching a new month as we’ve all been awaiting on city attorney response for review. I completely understand everyone is busy however we have major partnerships awaiting on us to for fill our agreement as we’ve been on hold. A lot of monies have been invested and I hate for one individual to be the cause of a bigger issue hear shortly. I appreciate the constant updates, but we need an resolution as my hands are getting tied. Regards, Christopher Palmer On Fri, Sep 24, 2021 at 2:27 PM David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > wrote: I have forwarded the LOI to the City Attorney and have asked him to call me to discuss. From: Chris Palmer [mailto:cpalmer@exoticgo.com <mailto:cpalmer@exoticgo.com> ] Sent: Friday, September 24, 2021 2:26 PM To: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Cc: Donna Getz <d.getz@cityofcapecanaveral.org <mailto:d.getz@cityofcapecanaveral.org> >; cpalmer@instantluxuryrentals.com <mailto:cpalmer@instantluxuryrentals.com> ; cwiltz@instantluxuryrentals.com <mailto:cwiltz@instantluxuryrentals.com> Subject: Re: Instant Luxury Rentals - Meeting request _____ Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org <mailto:phishalert@cityofcapecanaveral.org> _____ Hello David, Thank you for the update as we are all here in Cape Canaveral awaiting a response. Regards, Christopher Palmer On Fri, Sep 24, 2021 at 2:22 PM David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > wrote: Got it. I will forward to the City Attorney for his review. Thanks! From: Chris Palmer [mailto:cpalmer@exoticgo.com <mailto:cpalmer@exoticgo.com> ] Sent: Friday, September 24, 2021 2:16 PM To: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Cc: Donna Getz <d.getz@cityofcapecanaveral.org <mailto:d.getz@cityofcapecanaveral.org> >; cpalmer@instantluxuryrentals.com <mailto:cpalmer@instantluxuryrentals.com> ; cwiltz@instantluxuryrentals.com <mailto:cwiltz@instantluxuryrentals.com> Subject: Re: Instant Luxury Rentals - Meeting request _____ Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious maልἀݻ⳸ძ뫸უishalert@cityofcapecanaveral.org <mailto:phishalert@cityofcapecanaveral.org> _____ Hello David, it states it on the second page on the Proof of Service. Regards, Christopher Palmer On Fri, Sep 24, 2021 at 2:15 PM Chris Palmer <cpalmer@exoticgo.com <mailto:cpalmer@exoticgo.com> > wrote: Hello David, January 01, 2021 is when it was provided to the landlord Kitty. Regards, Christopher Palmer On Fri, Sep 24, 2021 at 2:12 PM David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > wrote: Hi Chris. Do you know when the Letter of Intent was provided to the Landlord? Doesn’t include a date. From: Chris Palmer [mailto:cpalmer@exoticgo.com <mailto:cpalmer@exoticgo.com> ] Sent: Friday, September 24, 2021 1:00 PM To: David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > Cc: Donna Getz <d.getz@cityofcapecanaveral.org <mailto:d.getz@cityofcapecanaveral.org> >; cpalmer@instantluxuryrentals.com <mailto:cpalmer@instantluxuryrentals.com> ; cwiltz@instantluxuryrentals.com <mailto:cwiltz@instantluxuryrentals.com> Subject: Re: Instant Luxury Rentals - Meeting request _____ Warning-This email originated outside the City of Cape Canaveral mail system. Please review the sender's address. Report any suspicious mail by using the Phishalert button in Outlook. If that is not possible forward the suspicious mail to phishalert@cityofcapecanaveral.org <mailto:phishalert@cityofcapecanaveral.org> _____ Hello David, I’ve receive information L & M. Please see attachment as per your request. Regards, Christopher Palmer On Thu, Sep 23, 2021 at 8:59 PM David Dickey <D.Dickey@cityofcapecanaveral.org <mailto:D.Dickey@cityofcapecanaveral.org> > wrote: Good evening Mr. Palmer. I appreciate the documents that you forwarded. However, they do not speak to my questionĂ