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Home My WebLink AboutRE P Z MeetingAre you available at 10:30? If so, I will call you at that time. Kimberly Romano Kopp, Esq., LEED AP Brown, Garganese, Weiss & D’Agresta Senior Attorney 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: www.orlandolaw.net <http://www.orlandolaw.net/> Email: kkopp@orlandolaw.net <mailto:kkopp@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, January 27, 2015 9:53 AM To: Kim Kopp Subject: FW: P/Z Meeting Please give me a call when you get a chance. Dave From: Ronald FRIEDMAN [mailto:rfriedman999@bellsouth.net] Sent: Monday, January 26, 2015 3:59 PM To: David Dickey Subject: P/Z Meeting David, I will be out of the country on Wednesday but have reviewed the package on the proposed Special Exception packet for Atkins North America, Inc. (aka Cumberland Farms) and have two comments that I would like the Planning/Zoning Board members to consider. 1. City Code Sec. 110-334(c)(3)(g) requires that service stations shall not be erected or located within 2000 feet of the property line of another service station. Staff's analysis notes that there is a 7-11 convenience store (with gas pumps) within the 2000 foot radius, however it is located with unincorporated Brevard County. The City Code does NOT make an exception if a service station is NOT within the City limits. The Code's wording is quite explicit. As it is, the 7-11 property line is no more than 75 feet outside of the City limits and is considerably closer to the proposed Special Exception service station than 2000 feet. Would Staff still ignore the City Code if there was a service station directly across A1A from the proposed Cumberland Farms??? 2. According to the Title Insurance Co.papers, there are 2 easements for ingress and egress on the subject property, as well as covenents, conditions and restrictions in earlier plats and deeds. Have these restrictions been considered in preparing the project?? Thank you Ron Friedman 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 op-alt:auto;mso-margin-bottom-alt:auto">The City Code does NOT make an exception if a service station is NOT within the City limits. The Code's wording is quite explicit. As it is, the 7-11 property line is no more than 75 feet outside of the City limits and is considerably closer to the proposed Special Exception service station than 2000 feet.<o:p></o:p></p> </div> <div> <p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto"><o:p> </o:p></p> </div> <div> <p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto">Would Staff still ignore the City Code if there was a service station directly across A1A from the proposed Cumberland Farms???<o:p></o:p></p> </div> <div> <p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto"><o:p> </o:p></p> </div> <div> <p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto">2.  According to the Title Insurance Co.papers, there are 2 easements for ingress and egress on the subject property, as well as covenents, conditions and restrictions in earlier plats and deeds. Have these restrictions been considered in preparing the project??<o:p></o:p></p> </div> <div> <p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto"><o:p> </o:p></p> </div> <div> <p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto">Thank you<o:p></o:p></p> </div> <div> <p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto"><o:p> </o:p></p> </div> <div> <p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto"><o:p> </o:p></p> </div> <div> <p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto">Ron Friedman<o:p></o:p></p> </div> <div> <p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto"><o:p> </o:p></p> </div> <div> <p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto"><o:p> </o:p></p> </div> <div> <p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto"><o:p> </o:p></p> </div> </div> <p class="MsoNormal" style="mso-margin-top-alt:auto;mso-margin-bottom-alt:auto">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 <o:p></o:p></p> </div> <p class="MsoNormal">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 <o:p></o:p></p> </div> 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 </body> </html>