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Home My WebLink AboutRE Cape Canaveral Cumberland Farms Cape Shores Association IncI’ve given this a little further thought. In an attempt to make this condition more succinct and specific, I am suggesting the following to staff: Evidence of the following must be provided to the satisfaction of the City: (1) Acceptable means of access to all adjoining parcels of the subject parcel to the satisfaction of the City’s Fire Marshall and (2) approval by the City of Cocoa of, and installation by the property owner of, a fire hydrant at a location acceptable to the City’s Fire Marshall or (3) the existing dwelling located on the adjoining parcel, west of the subject parcel, must be vacated and remain unoccupied until conditions (1) and (2) above are satisfied or until occupancy is otherwise approved by the City’s Fire Marshall. Also, please note that upon further thought I tightened up the first condition slightly to avoid referring to property ownership, which is nonspecific and can change (it had said “property owner’s parcels”). Thank you, 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: Helen Sansone [mailto:Helen.Sansone@gray-robinson.com] On Behalf Of Philip Nohrr Sent: Wednesday, February 18, 2015 12:06 PM To: Kim Kopp Cc: 'David Dickey'; Philip Nohrr; A. Van Catterton Jr. (avc@avcpa-law.com) Subject: RE: Cape Canaveral / Cumberland Farms / Cape Shores Association, Inc. In addition to the proposed language below, I would add a subpart 3 which would state as follows: “or (3) B & B causes the existing dwelling located west of the property being acquired by Cumberland Farms to be vacated and B & B agreeing that no occupancy will thereafter be allowed until conditions (1) and (2) above are satisfied or occupancy is otherwise approved by the City’s Fire Marshall.” Bob Baugher had mentioned on several occasions that he may elect to have the dwelling unit vacated as a solution to the Fire Marshall’s concerns if the timing becomes a problem for the parties. There is only a month to month lease on the dwelling unit and this should be a viable option as well Philip Nohrr | Managing Shareholder G R A Y | R O B I N S O N 1795 West NASA Blvd. | Melbourne, Florida 32901 T: 321-727-8100 | F: 321-984-4122 E-mail <mailto:Philip.Nohrr@gray-robinson.com> | Website <http://cp.mcafee.com/d/1jWVIp6xAidEI9I9L8IL6zATsS--qekhP2pEVdLLCzB4sMUU rvvd7a8VxB4S-eoo7cTvdBiJlBwlm9-MgGvFzwqrH4_o8lfQNMddzDDbcuM_R-d79EVpuWZO X0VPAnChPTbnhIyyHtNzBgY-F6lK1FJ4SUrLOtXTLuZXTdTdw0yctb5UR8ixiIendA_f-7kS 5aMY54oWmbNGgB2BosKrj73Cm3ob6Azh09qJVEw4JxFDUWuq8cd40ASGg-9-Mgd40LIlq6y3 3h09qJVEw62to_gQg25alJbpOH00Ph06MJNJMQsC_Vu_> | Bio <http://cp.mcafee.com/d/5fHCN8q6hESyMCMCYyOYqejtPrXVEVh7c9CzAS--qekhP3zx JZYQsEzC6kjrUVxwsPtYSlaRmm1loDX12F-Ce1FKIjZwxk_j70QSeusINX3_nUQsCzBBXHTb I3Dehup7fsJt6OaaJT6el3PWApmU6CQPrxK_9TLuZXTLsTsS028NQInzkxa5aMVvdDeIoumF y7PSh-8FInMb4V7Om5OUcGjz4SjY_UtjokH3MkhzFoL6F2kalxOVJcsepodwIqid40BGTCy0 iS6CvzFVEwMQg2jqF3UDX10Qg2-NlEq8cd40BGTCy0o9RzZ3h08kFmQJDaI03d40r2T6T3hO r9Xl3d1H82ib> | vCard <http://cp.mcafee.com/d/avndygA76Qm4S4TAmnzhOrKrvvd7a8VxcQsCTTPhOyeossdL LCzB4sMOyrv7cc3CrLCOFmGOMaH4_o8lfQNMddRyvI4aDWoU6CNPPBCfovW_6zAQsILtuVtw sVObP8VXBHEShhlKUNOEuvkzaT0QSOrsdTVeZXTLuZXCXCM0h6eByYqA9gFm7bUxmRc2NehY Bzh03aAUNUPpQSjY_UtjokH3MkhzFoL6F2kalxOVJcsepodwIqid40BGTCy0iS6CvzFVEwMQ g2jqF3UDX10Qg2-NlEq8cd40BGTCy0o9RzZ3h08kFmQJDaI03d40r2T6T3hOrixR4pEfviRw > Facebook <http://cp.mcafee.com/d/1jWVIg3xEqdEI9I9L8IL6zATsS--qekhP2pEVdLLCzB4sMUU rvvd7a8VxB4S-eoo7cTvdBiJlBwlm9-MgGvFzwqrH4_o8lfQNMddzDDbcuM_R-d79EVpuWZO X0VPAnChPTbnhIyyHtNzBgY-F6lK1FJwSUrLOtXTLuZXTdTdAVPmEBC5etSTAaRaYLwizFo5 R8ixiI0HFwSjY_UtjokH3MkhzFoL6F2kalxOVJcsepodwIqid40BGTCy0iS6CvzFVEwMQg2j qF3UDX10Qg2-NlEq8cd40BGTCy0o9RzZ3h08kFmQJDaI03d40r2T6T3hOrZqThmfQ8baG> | LinkedIn <http://cp.mcafee.com/d/2DRPoQ739J5xdxdV5BUQsCXCTTPhOyeojd79JZYQsEzC773r XVEVh7ccECTNP30VCXVIGlGII2GNfS25jZcs3jtoDX12F-Ce1FIsYVpzS7-LNEVd7bbTnKno 7esyYOeuVqWdAklrKcsG7DR8OJMddLCT3t-jLuZXTLuVKVIDeqR4IMFNYE5vgB3BYnmS1r2c tbhGgB2Bo5RKTzpfP_xRdxiIf1h6eByYqA9gFm7bCQNMVBwS2NF8Qg2mHuq81boqp-eDCy33 h09dGAfyvI43h0bX5mxEwMQg2mHuq81wDmfQd40xiBriSsGM0cQg1Ibsrsd79LwVqaKdlwzx 2> | Twitter <http://cp.mcafee.com/d/5fHCN8SyMCMCYyOYqejtPrXVEVh7c9CzAS--qekhP3zxJZYQ sEzC6kjrUVxwsPtYSlaRmm1loDX12F-Ce1FKIjZwxk_j70QSeusINX3_nUQsCzBBXHTbI3De hup7fsJt6OaaJT6el3PWApmU6CT3rxK_9TLuZXTLsTsSjDdqympcNas_zO-4oWmzkxa5aMfQ Mr9-vYeFIalxUa8NQInzkxa5aMVsSCe7cI6Mmd96y0iRrPh09r3jfNQYQgoq819JkxYjZwwq 81voGQd466y0iRrPh0c4WN-xEw4akHqmPBm01Cy0dxrzrxEVdHX07> This e-mail is intended only for the individual(s) or entity(s) named within the message. 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Nothing in this e-mail message shall, in and of itself, create an attorney-client relationship with the sender. From: A. Van Catterton, Jr. [mailto:avc@avcpa-law.com] Sent: Wednesday, February 18, 2015 11:20 AM To: 'Kim Kopp' Cc: 'A. Van Catterton, Jr.'; 'David Dickey'; Philip Nohrr Subject: Cape Canaveral / Cumberland Farms / Cape Shores Association, Inc. 2/18/15 Ms. Kopp – Pursuant to our phone conversation this morning, here are my suggested conditions for inclusion in the staff report/recommendations for the Board of Adjustment meeting on February 26: “That the application for special exception be approved on condition that the current property owner, B&B Enterprises of Cape Canaveral, LLC, and the applicant, Cumberland Farms, Inc., complete all work and permitting required to satisfy the requirements of the City Fire Marshall as to (1) the provision of an alternate means of access to the property owner’s parcels and (2) the approval by the City of Cocoa of and installation by the property owner of a fire hydrant at a location acceptable to the Fire Marshall. No building permits shall issue for the applicant’s convenience store nor for Cape Shores Association’s proposed fence or gated entranceway without the Fire Marshall’s prior written approval that the foregoing conditions have been satisfied.” This is a bit unwieldy but the best I can do on short notice. I would of course invite attorney Nohrr to provide you with his own suggested language. Thank you, Van Catterton A. VAN CATTERTON, JR., P.A. 1990 W. New Haven Ave., Suite 104 P. O. Box 1598 Melbourne, Florida 32902-1598 Phone (321) 722-3366 Fax (321) 722-0330 www.avcpa-law.com <blocked::http://www.avcpa-law.com/> avc@avcpa-law.com <blocked::mailto:avc@avcpa-law.com> Confidentiality Notice: The information contained in this communication is privileged and confidential. It is intended solely for the addressee(s) named above. Access to this communication by anyone else is unauthorized. 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