HomeMy WebLinkAboutRE Cape Canaveral Cumberland Farms Cape Shores Association Inc (4)Kim – does this need to be tied to a date or some type of timing? Such
as the issuance of a BP or CO.
From: Kim Kopp [mailto:kkopp@orlandolaw.net]
Sent: Thursday, February 19, 2015 10:37 AM
To: Philip Nohrr
Cc: David Dickey; A. Van Catterton Jr. (avc@avcpa-law.com)
Subject: RE: Cape Canaveral / Cumberland Farms / Cape Shores
Association, Inc.
I’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>
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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 <mailto: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
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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. If the reader of this communication is not the
intended recipient, nor the employee or agent responsible for delivering
it to the intended recipient, you are hereby notified that any
dissemination or copying of this communication is strictly prohibited.
If you have received this communication in error, please immediately
notify us by telephone at (321) 722-3366 or by e-mail at
avc@avcpa-law.com <blocked::mailto:avc@avcpa-law.com>
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
ightened 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 <mailto: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
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within the message. This e-mail might contain legally privileged and
confidential information. If you properly received this e-mail as a
client or retained expert, please hold it in confidence to protect the
attorney-client or work product privileges. Should the intended
recipient forward or disclose this message to another person or party,
that action could constitute a waiver of the attorney-client privilege.
If the reader of this message is not the intended recipient, or the
agent responsible to deliver it to the intended recipient, you are
hereby notified that any review, dissemination, distribution or copying
of this communication is prohibited by the sender and to do so might
constitute a violation of the Electronic Communications Privacy Act, 18
U.S.C. section 2510-2521. If this communication was received in error we
apologize for the intrusion. Please notify us by reply e-mail and delete
the original message without reading same. 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. If the reader of this communication is not the
intended recipient, nor the employee or agent responsible for delivering
it to the intended recipient, you are hereby notified that any
dissemination or copying of this communication is strictly prohibited.
If you have received this communication in error, please immediately
notify us by telephone at (321) 722-3366 or by e-mail at
avc@avcpa-law.com <blocked::mailto:avc@avcpa-law.com>
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