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Home My WebLink AboutCumberland Farms Cape Shores (2)2/13/15 Phil – David Dickey and city attorney Kim Kopp called me this week to update me on the status of the permits. They confirmed that the City will not be able to issue the permits by Monday, Feb 16th, which of course is the association’s deadline for terminating the binding development plan. The City would only be able to provide us with written assurances, of a sort, that the permits would be issued upon B&B Enterprises addressing these issues: 1. Confirming an alternate means of access; 2. Trimming and pruning some trees (which may or may not open up alternate access); and 3. Installing a fire hydrant, which would require permitting through the City of Cocoa. Dave Dickey estimates that the hydrant process would take anywhere from 60 to 90 days. Obviously, none of that’s going to be done by Feb 16th, and perhaps not even by the proposed closing date between Cumberland and B&B Enterprises, which I understood to be in late May. In either event, the type of assurances the city can offer will not be sufficient for the association to determine that the permits will in fact be issued. I don’t doubt that Mr. Baugher would make every good faith effort to satisfy the city’s concerns, but no individual in his position could provide adequate assurances that the City of Cocoa would sign off on the hydrant installation without reservation. However, attorney Kopp proposed an interesting solution – at the Board of Adjustment meeting on February 26th, city staff could explain the timing problem to the Board and recommend that the special exception application not be approved unless it was expressly conditioned upon B&B first completing all of the work (and hydrant installation) required by the fire marshal, with the result that neither Cumberland Farms nor the association could commence construction unless those preconditions were satisfied. The bottom line being that until those conditions were satisfied, nobody would be authorized to do anything. I have gotten preliminary indications from two directors that the association’s current board of directors would be okay with that, provided Cumberland Farms and B&B were also willing to advise the Bd of Adjustment of their consent to those conditions. Dave Dickey and attorney Kopp expressed a high degree of confidence that the Board would accept the staff’s recommendations and add those two conditions to the special exception approval. I am not presuming that such consents would be forthcoming from Cumberland or B&B, but the only other alternative would appear to be for B&B to demolish both existing residences. Mr. Cunningham, the Fire Marshall, has advised me that demolition would entirely eliminate his concerns and the need for further conditions on issuing the association’s permits. However, I also understand that demolition is the least preferable option for Mr. Baugher for obvious reasons. In all events, I think the first thing to resolve is a brief extension of the association’s deadline from Feb 16th to perhaps Friday, Feb 20th so we can discuss this further. Please give me a call when you get in or otherwise email me as to your client’s and B&B’s agreement to the suggested extension until Feb 20th. Otherwise, the association will have to send written notice on Monday of its termination of the BDP. Thanks, Van 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. 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