"We sincerely hope that the City Council sees this latest tactic for the ruse it really is"

GregKisela
Dear Greg;
It’s a sad state of affairs in our City that we can say we expected nothing less.  Once again you refuse to consider, in anything resembling a fair and impartial manner, an action that directly effects our neighborhood’s health, safety, and welfare.   Yet, if the developer requests an action that directly affects our neighborhood’s health, safely and welfare, you are happy to oblige. This is so clearly just one more example of our city staff working in lock step with the developer to advance his agenda that even the most jaded observers would feel ashamed on staff’s behalf.
It is becoming profoundly clear to everyone how this city has moved a minor crisis to a political firestorm of its own making–step by step, ignoring its own policies and procedures and common decency with each step.  As City Manager you are responsible for saying that such actions are unacceptable and for holding your employees to higher standards than this.  Instead, you are holding them to  standards lower than we would have believed possible before this began.
We sincerely hope that the City Council sees this latest tactic for the ruse it really is and begins the search for a new city manager.
At this point, we will rephrase our request so you may now reconsider it: we ask that Wayne Clark make a determination on the validity of any future application for the re-use of the parcel at 619 Lemon Street for boat/RV storage, etc. based on the existence of a similar use in the past.
This is a request from taxpayers, property owners and citizens of the City of Port Orange.
Mike and Dianne Gardner
618 Ruth Street
Port Orange, Florida 32127


—– Original Message —–
From: Kisela, Greg
To: Dianne Gardner ; Clark, Wayne
Subject: RE: Atlantic Marine-Jack Wiles-Legal non conforming
Dianne: Community Development has requested from the City Attorney an opinion on whether they can make a zoning determination for someone other than the applicant or their representatives.
Greg Kisela
City Manager


Dear Ms. Roberts:
We understand that Greg Kisela has asked for your legal opinion on the following matter.  His email is quoted below from today’s date.
“Dianne: Community Development has requested from the City Attorney an opinion on whether they can make a zoning determination for someone other than the applicant or their representatives. ” 
To assist you in forming your opinion please recall the Wednesday night neighborhood meeting on January 8th, 2014 at which you said that Jack Wiles, before he owned the property at 619 Lemon Street, could have requested a letter of determination from the City regarding the zoning and business uses of that parcel.

To reiterate, you clearly stated that one does not have to be an applicant or their representative to receive an official determination from our city.
Mike & Dianne Gardner


From: Dianne Gardner [mailto:dtgardner@cfl.rr.com]
Sent: Tuesday, January 21, 2014 3:00 AM
To: Clark, Wayne; Kisela, Greg
Subject: Re: Atlantic Marine-Jack Wiles-Legal non conforming
Dear Wayne,
The question that you promised to answer was whether a legal non conforming business had existed on the property at 619 Lemon Street and would be allowed to continue.
The fact that the applicant has withdrawn their application still leaves open the avenue that they could be grandfathered in the future.
For our purposes in deciding how to proceed, we need your administrative determination on the question.
Sincerely,
Mike and Dianne Gardner
618 Ruth Street
Port Orange, Florida 32127


—– Original Message —–
From: Clark, Wayne
To: Dianne Gardner ; Kisela, Greg
Sent: Monday, January 20, 2014 5:58 PM
Subject: RE: Atlantic Marine-Jack Wiles-Legal non conforming
Mr. Wiles’ attorney advised me that his client has withdrawn the request for a determination of nonconforming status for a Motor Vehicle and Boat Storage Facility at 619 Lemon Street.
Wayne Clark
Community Development Director
City of Port Orange
wclark@port-orange.org
386-506-5615


From: Dianne Gardner [mailto:dtgardner@cfl.rr.com]
Sent: Monday, January 20, 2014 11:47 AM
To: Kisela, Greg; Clark, Wayne
Subject: Atlantic Marine-Jack Wiles-Legal non conforming
Dear Wayne:
At the meeting with the city and Jack Wiles on January 8th, 2014 you promised that you would be making an administrative decision on the status of the legal non conforming grandfathered boat storage usage of the property at 619 Lemon Street.  You stated that you needed time to “gather data”.  Surely by now you have gathered all the data there is.  When can we expect your decision?
Your decision will impact greatly on how we approach, as a neighborhood, the PCD application currently scheduled for the Planning Commission on Thursday, January 23rd, 2014.
Sincerely,
Mike and Dianne Gardner

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