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Home My WebLink AboutRE Cape Canaveral Cumberland Farms Cape Shores Association Inc (8)Nor do I. Thanks, 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: A. Van Catterton, Jr. [mailto:avc@avcpa-law.com] Sent: Wednesday, February 18, 2015 12:10 PM To: 'Philip Nohrr'; Kim Kopp Cc: 'David Dickey'; 'A. Van Catterton, Jr.' Subject: RE: Cape Canaveral / Cumberland Farms / Cape Shores Association, Inc. I have no problems with Phil’s suggestion. Thank you. 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> 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/1jWVIe3x0i4zqb2r2rOtQQPtPrXVEVh7c9CzAS--qekhP3zx JZYQsEzC6kjrUVxwsPtYSlaRmm1loDX12F-Ce1FKIjZwxk_j70QSM-eINX3_nVUs-ZRXBQmh P78IILcsJteOaaJQSul3PWApmU6CQjrxK_9IInojvvpjdTdw0yctb5UR8ixiIendWpI2JcSm QKvFzBPqoVyZPob6Azh09qJVEw4JxFDUWuq8cd40ASGg-9-Mgd40LIlq6y33h09qJVEw62to _gQg25alJbpOH00Ph06MJNJMQsCPbFX-0br> | Bio <http://cp.mcafee.com/d/k-Kr6h8pdEI9I9L9TjjdTdLLCzB4sMCqejrXVEVh7cee6TTP hOyeophdLzC61PdTPpkHlpo5lyvI4aDWoU6CWNfS25jZcs3jr3UWP7IfZvDxPXTnKnhp7csy OOYNORQX8EGTjpVkffGhBrwqrjdK6XYCONtxdZZBcTsS028NQInzkxa5aMVvdDeIoumFy7PS h-8FInMb4V7Om5OUcGjz4TFCMaQPpriV-CendFzCbTdwIqid40BGTCy0iS6CvzFVEwMQg2jq F3UDX10Qg2-NlEq8cd40BGTCy0o9RzZ3h08kFmQJDaI03d40r2T6T3hOrdJUo> | vCard <http://cp.mcafee.com/d/1jWVIp41AqdEI9I9L9TjjdTdLLCzB4sMCqejrXVEVh7cee6T TPhOyeophdLzC61PdTPpkHlpo5lyvI4aDWoU6CWNfS25jZcs3jr3UWP7IfZvDxPXTnKnhp7c syOOYNORQX8EGTjpVkffGhBrwqrpdK6XYCONtxdZZBcTsS028NQInzkxa5aMVv4aSFwm9OfA IfjK3aAUNUPpQTFCMaQPpriV-CendFzCbTdwIqid40BGTCy0iS6CvzFVEwMQg2jqF3UDX10Q g2-NlEq8cd40BGTCy0o9RzZ3h08kFmQJDaI03d40r2T6T3hOruzx9> Facebook <http://cp.mcafee.com/d/5fHCNEi6jqb2r2rOtQQPtPrXVEVh7c9CzAS--qekhP3zxJZY QsEzC6kjrUVxwsPtYSlaRmm1loDX12F-Ce1FKIjZwxk_j70QSM-eINX3_nVUs-ZRXBQmhP78 IILcsJteOaaJQSul3PWApmU6CS3rxK_9IInojvvpjdTdAVPmEBC5etSTAaRaYLwizFo5R8ix iI0HFwTFCMaQPpriV-CendFzCbTdwIqid40BGTCy0iS6CvzFVEwMQg2jqF3UDX10Qg2-NlEq 8cd40BGTCy0o9RzZ3h08kFmQJDaI03d40r2T6T3hOryXOHUgz2> | LinkedIn <http://cp.mcafee.com/d/avndzgO71NJ5xdxdVeWqpKVJZYQsEzC4PhOrvvd7a8VxNMS- -qekhP3a9JYsMMepK-raBqHb0GIjZwxk_j70QTm9-MgGvFzwqrov7moZx_HYYevuWZOWb8Vz AmmnCemKDp55mWrfaxVZicHs3jrVJMTvASmbI9LLIFCXCOsVHkiP2D7OwlZ2kenNtro5I8NQ J6F2kalwnmXudWpI2JcSmQKvFzBPqoVyZPob6Azh09qJVEw4JxFDUWuq8cd40ASGg-9-Mgd4 0LIlq6y33h09qJVEw62to_gQg25alJbpOH00Ph06MJNJMQsCZJTapKR3> | Twitter <http://cp.mcafee.com/d/2DRPoArhojojujKCCrKrvvd7a8VxcQsCTTPhOyeossdLLCzB 4sMOyrv7cc3CrLCOFmGOMaH4_o8lfQNMddRyvI4aDWoU6CS7NRCfovW_f3DTKLsKyOeoV5BB VzBHFShhlKCPOEuvkzaT0QSUrsdTVdByX2rXXapKVIDeqR4IOpykV_7BY8NQJ6F2kalwvFwT FCMaQPpriV-CendFzCbTdwIqid40BGTCy0iS6CvzFVEwMQg2jqF3UDX10Qg2-NlEq8cd40BG TCy0o9RzZ3h08kFmQJDaI03d40r2T6T3hOruWK4> 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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