HomeMy Public PortalAboutPRR 14-0689Your original request, dated February 21, 2014, is reproduced in the space below:
From: Quinn Miklos [mailto:quinn @miklosarchitecture.com]
Sent: Friday, February 21, 2014 10:34 AM 689
To: Rita Taylor; Bill Thrasher
Cc: quinn@ miklosarchitecture .com;'Constance Swift'
Subject: RE: Special Magistrate Hearing -2562 Avenue Au Soleil
Bill and Rita,
It is my understanding, based on the email below from Rita Taylor, the Town Clerk, that the Town of Gulf Stream has
denied my request for postponement of the Special Magistrates Hearing scheduled for February 25, 2014. 1 responded
to Ms. Taylor's response with the following email:
"Rita,
You and the Town are making a huge mistake. I will send a copy to the State Ethics Board. When can 1 expect the
production of the requested public records and answers to the interrogatories ?"
It is my understanding that pursuant to the Rules and Regulations that govern Civil procedure for the State of Florida, a
Governing entity is required to provide 'reasonable notice' to both the Public and the Respondent when conducting a
Public Hearing. The Town has not provided us 'reasonable notice' in this matter. The insufficient time frame between
notification and the hearing nullifies the Town's civil responsibility of 'reasonable notice'. I refer you to my
correspondence dated February 20, 2014 where I wrote "A cursory review of a calendar would reflect that only
three full 'labour' days would expire prior to the scheduled Magistrate's hearing. Obviously, this does not allow
the Respondent adequate preparation time to consult Council, request supporting documentation, present
Interrogatories, secure witness and expert testimony and construct a cohesive defense. The Town's failure to
allow sufficient time between the summons notification date and the Hearing date is wilful and intentionally
injurious to the Respondent." The Town's notice does not constitute a 'good faith' effort of notification. We will
seek all legal remedies for relief in this matter.
Secondly, I have requested copies of Public Records and interrogatories to use in our defense. When can expect my
Public Record request to be honored? I will need sufficient time to review these items prior to the hearing. I refer
you to my correspondence dated February 20, 2014 where I requested the following:
Request to Produce Documentation:
1. Site Plans, Staff Report and Surveys for the following properties:
A. 2550 Avenue Au Soleil
B. 810 Canary Walk
C. 800 Canary Walk
D. 815 Canary Walk
E. 2564 Avenue Au Soleil
F. 2900 Avenue Au Soleil
G. 2765 Avenue Au Soleil
2. Staff report from 2007/2008 application, 2562 Avenue Au Soleil
3. Site Plan /Survey from 2007/2008 application, 2562 Avenue Au Soleil
4. Code Enforcement Violations, 2562 Avenue Au Soleil
5. All communications between the Town and Homeowners pertaining to accessory structures and 'sheds' i.e. Code
Enforcement Violations, applications etc.
6. Copies of Town Manager issuance of Certificate of Completion 2007/2008 application, 2562 Avenue Au Soleil
7. All photographs, drawings, written documents pertaining to the 'shed' at 2562 Avenue Au Soleil
8. Original permit application, Staff Report, Building Plans for the original structure, 2562 Avenue Au Soleil
9. Provide all applicable LDR code sections governing accessory buildings and 'sheds'
10. Provide the all LDR's (Land Development Regulations) definitions of 'shed'
11. Provide the all LDR's definitions of 'metal shed'
12. Provide the all LDR's definitions of 'wood shed'
13. Provide LDR's governing sections regarding 'grand fathering' of Building entities
14. Provide all minutes from the Architectural Review Board and the Town Council pertaining to 'sheds' and
accessory buildings
15. Provide all LDR code references to 'sheds' in each code cycle since 1970
16. Provide all written Staff Report objections to the 'shed' at 2562 Avenue Au Soleil
Interrogatories:
1. What year was the year the current LDR adopted?
2. What are the LDR code cycles since 1970?
3. How was the current LDR adopted?
4. Who is the author of the current LDR?
5. What are the qualifications of Staff with respect to Architecture, Land Development, Planning, Zoning?
Additionally I request the Rules and Procedures for the Special Magistrate Hearing.
Thank you in advance for your cooperation and compliance