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Home My Public Portal AboutAPP 007~12APPLICATION FOR APPEAL OF FINAL ACTION OF PLANNING & BUILDING ADMINISTRATOR Date of Application ) I n^ b Fee: I. Project Information Owner Owner Owner,' Project Project FILE N0. 007 -12 $200.00 Name: S �O-RCD� Dan SRO, e: (' Address: I rG Project Property Legal Description:A6 9 39 ip 0 4 LZ uop 0� I o Project Description as Requested (describe in detail) • �� IMM 151-Wom • II. Final Action of Planning & Building Administrator 0 A (APON, , III. Reason for Appeal 1 o1A �� ,J� �e� g, -�_, -J Q- W ,� h Q.1 t) al S M , 1 @ TQ \1 IV. Standards to be Addressed by Applicant: (1) Acted in a manner inconsistent with the provisions of this Code or other applicable local, state or federal law; (2) Made erroneous findings of fact based on the evidence and testimony placed before the final review authority at a public hearing; (3) Failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance with the applicable regulations. V. Please attach color swatch, pictures or plans showing the proposed improvement. Official Use Only Public Hearing Date: Action: 12/18/02 Exp- CoSh -Dep -Forms OMAN APPLICATION FOR APPEAL OF FINAL ACTION OF PLANNING & BUILDING ADMINISTRATOR Date of Application b Fee: 1. Project Information Owner Name: Owner Sign Project Add FILE N0. 007 -12 $200.00 Project Property Legal Description:,), 9.3 9 JP '0 q' L2 lib U) 1 Project Description as Requested (describe in detail) Ii. Final Action of Planning & Building Administrator , aLOP& III. 1V. Reason for Appeal "iIftr !v-, , '-J Q- L-3 i T 'i'i 1) L)4 S M Standards to he Addressed by Applicant: (1) Acted in a manner inconsistent with the provisions of this Code or other applicable local, state or federal law; 1 Cjg. C o A -A � - - .. - - - . -N -YJJ� - " 6 - I . (2) Made erroneous findings of fact based on the evidence and testimony placed before the final review authority at a public hearing; (3) Failed to fully consider mitigating measures or revisions offered by the applicant that would have brought the proposed project into compliance with the applicable regulations. V. Please attach color swatch, pictures or plans showing the proposed improvement. Official Use Only Public Hearing Date: Action: 12/18/02 Exp- CoSh -Uep -Forms e M July 23, 2007 Mayor William Koch Town Hall 100 Sea Road Gulf Stream, FL 33483 Dear Mayor Koch, My wife and I would like express our gratitude to you for meeting with us today at your office. I am very disappointed that the situation could not be resolved among gentlemen. As per your suggestion, I am requesting to meet in front of the town counsel at the next available monthly meeting. I will out of the country from August l 0th through August 25th. I can meet anytime before or after those dates. I am looking forward to the opportunity to review my situation with the counsel. Best regards, Joseph C. Spadafora 2710 Cardinal Circle Gulf Stream, FL 33483 (561) 276 -1921 1 .r A A to 'M•v ;Y r x r r ......�Y [{ ..� -••ci ..ter '" - �� ,...,' °�- Wi=n - sp.••�* � �'� �!t, � �- '•1 •� ��, „rte •..� "'K �� — .gym.- .._�....--- -= +�InA,.,i7a� ". " V F , A Alf "ll lie 1p a i ^ 3�� ` r` ' I ice" ' r ��ti : " ' r �� AA ! -3 /y /V41R 7'/-/ 0664 Al —/IIDI 271,0 e ".4le.viA14 L CIRCLE PL10 %os iq/lt v SY = 7 /ac, to ��'710 - ARDJ,,vOl Clec,��t /?1,1,0 0 %Ala'& B% IF * CSI E11 PALM BEACH COUNTY ('00 ) PLANNING, ZONING & BUILDING DEPT JUL 20OLUILDING DIVISION PERMIT APPLICATION Ot wnn of Gulf Stream, FWEB SITE: www.pbcgov.com /pzb MAIN SOUTH COUNTY WEST COUNTY 100 Australian Ave. 345 South Congress Ave 200 Civic Center Way, # 300 West Palm Beach, FL Delray Beach, FL Royal Palm Beach, FL 1461N233.m gn (561) 276 -1284 (561) 784 -1312 Office Use Only . Permit Type _ PR Date NORTH COUNTY 12180 AR Al Palm Beach Gardens, FL (561) 624 -6680 GENERALyINSTRUCTIONS...; Applicant must fill in all information relative to the work. The checklist of requirements for this permit if any, must be completed and included with this application submittal. Note: Separate applications will be required for multiple structures or items on same parcel. PROPOSED,:IMPROVEMENT.LOCATION Parcel Control Number? - ; ` - .� - s s. ' - �' Address 7 L`,'r r, {a 1 �� 1'�;�\ ��,�,e�l Apt/Bay/Suite Subdivision /Plaza Lot_ Block If this application is related to a Code Enforcement Case, provide Violation Case No. --- If this application has a companion application ( i.e. structure, pool) provide Permit Number -- _ Is your property on a septic system? ❑ Yes ❑ No If yes, additional Health Department approval mad�!! be require N! Has the Project proposed on this parcel recently received Zoning Action? ❑ Yesi" O C7INJr- S If yes check all approvals received? ❑ ZC ❑ BCC ❑ DRC A t-O f'QT PcIrl»it u ')TTtitt . Does this project require platting or a replat? ❑ Yes - Q_No P Q. If yes has platting been completed? ❑ Yes ❑ No T i��li:f`.. -- APPLICANTONF..ORMATIOW. Owner or Lessee jL ciA u i c, <> Address —L2 O Cam, rri ,� c� \ r \ z- Apt / Bay / Suite City .i�, State Zip.= Phone Worker `I L. • -1 Home -� CONTRA'CTORINFORMATION Qualifier = i1 s i< s n , . Company Address` City %...__ State Zip Contact Person Phone # Fax # Contractors License # �`FMDCED�fEES CHECIC-1NE�,ITEM:IFsAPPL1CABL ., ❑ Fuel Tank and or Lines ❑ Mobile Home Tie Down ❑ Fire Suppression ❑ Fire Sprinkler ❑ Fence ❑ Commercial Fence per 5001-F ❑ Mobile Home Trade ❑ Fire Alarm ❑ Concrete / or other Surfacing ❑ Mobile Home Roof Over ❑ Hood ❑ Accessory Building Residential ❑ A/C Change Out ❑ Sign (Size & Type) ❑ Window Wall ❑ Flexible Insert Panels ❑ Water Heater Change Out ❑ Flag Pole /Height ❑ Screen Enclosure ❑ Water /Sewer Hookup ❑ Roof Opening (Sky lights, Vents) ❑ Pool Screen Enclosure ❑ Window /Door Replacement ❑ Temp Power Pole ❑ Pool Barrier Type ❑ Canopy ❑ Awnings ❑ Electric Service Change ❑ Comm. ❑ Res. ❑ Pool Above Ground ❑ Demo ❑ Low Voltage ❑ Cable TV Power Supply ❑ Pool ❑ Spa ❑ Interior Removal ❑ Ag Exemption Pe it El Heater ❑ Stucco /Siding Other NDESCRIETIONADEoVORK (CHECKALL THAT;APPL ❑ Building ❑ Accessory Bldg Site Built ❑ Garage ❑ Other ❑ Electrical ❑ Addition ❑ Industrial ❑ Pond ❑ Gas ❑ Commercial ❑ Interior Improvement ❑ Single Family ❑ Mechanical ❑ Condo ❑ Master Child - Master Permit # ❑ Townhouse ❑ Plumbing ❑ Duplex ❑ Roofing ji• 1 t - r 1 � Further Description: � Proposed Use: Previous Use: Net Square Footage Gross Square Footage '?,&i: 2) 0 Total Replacement Cost $ "'� (.0 „ _ (include ALL cost except land) rage i rcr s u, u, Revised NOTE: STATE STATUTES REQUIRES ALL PERMIT TYPES $ 2,500.00 OR OVER TO HAVE A NOTICE OF COMMENCEMENT RECORDED WITH THE CLERK OF THE CIRCUIT COURT PRIOR TO 1sT INSPECTION. (EXCEPT HVAC LESS THAN $5,000.00.) YOU MUST SUPPLY A COPY OF THE RECORDED NOTICE OF COMMENCEMENT TO US. FORMS ARE AVAILABLE. 100 SEA ROAD GULF STRRAm, FLORIPA 33483 CARD I NAL C I RC!" E 0 0 L E. 0. A �' _ _ f• b � / FD. 1/2' IR. 26' - I SET 1/2' 61, - SET PK NAIL 49.45 ' I RICAP 79' i i' 18' , I - t90046'42' _ LEGEND I BRICK �, A= 90° 00' 00" = ARC LENGTH �' ,� PAYER +� R =25. 00' = CONCRETE BLOCK STRUCTURE "' DRIVE cu CHORD DISTANCE A =39. 27' = CHATTAHOOCHEE I = CENTERLINE = CONCRETE ' = ELEVATION , 21. 5' 27. 0' = EDGE OF ASPHALT CONC. �- - FOUND = IRON PIPE t2. 3' = IRON ROD ,j = NAIL WITH DISC ' 35.4' i! = NAIL WITH TAB 1 N 3 9' A/C ON = NOT TO SCALE L/ CONC. = PERMANENT CONTROL POINT = POINT OF BEGINNING = POINT OF COMMENCEMENT 0.6' Q ;� ONE S TORY = RADIUS -'`_X RESIDENCE = RIGHT -OF -WAY = TYPICAL = DELTA = OFFSET m I t2. 5' .: 60.6' r7. 0' LOT 10 Q \' - I ENCL. RT I FY T0: SEPH C. SPADAFORA AND CAROLANN ADAFORA, HIS WIFE. LD COAST TITLE .:OMPANY SERVICES INC. ERICAN PIONEER TITLE INSURANCE LlOMPANY. ELLS FARGO BANK, N.A. , ITS 4 XCESSORS AND /OR ASSIC-NS. yxy PL.< CHAIN LINK FENCE (TYP.) 'IONS ARE PER NATIONAL GEODETIC I ;AL DATUM OF 1929. 90'00'00' 90'00'00' IED FLOOR ELEV. = 9. 7' 0 6' > / 7— FLOOR ELEV. = 8.8' 6' EASEMENT / 'LOOD ELEV. = 7' FD. 3/4' IP. FPL 100. 00' 1RCEL DESCRIBED HEREON IS IN A ZONE 'A -5' FD. NAIL PLAIN AS PER THE NATIONAL FLOOD IN TREE 1NCE PROGRAM. FLOOD RATE MAP • t25tO9000iD (9- 30 -82) LOT 12 100 SEA ROAD GULF STRRAm, FLORIPA 33483 INTER - OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN MANAGER WILLIAM H. THRASHER DATE: August 24, 2007 TO: Mayor and Commissioners RE: Challenge of Administrative Decision — Permit Fee Amount 2710 Cardinal Circle Mr. & Mrs. Joseph Spadafora During the September 14, 2007 Commission Meeting you will be deciding whether to reduce the Permit Fees for Mr. & Mrs. Joseph Spadafora, residing at 2710 Cardinal Circle, Place Au Soleil. I am presenting the following background information to assist you with your evaluation and decision. Background: In early June of this year a Gulf Stream Police Officer called Town Hall inquiring whether the work being started at 2710 Cardinal Circle required a permit. The call was forwarded to me. The officer asked me whether a permit was required to install or place a trellis. He also said that the resident was doing the work himself and that the trellis would provide the framework for plants to grow from. Given this information I informed the officer that a permit was not required. About a week later Code Enforcement Officer Ginsberg called me to discuss the same property and project. He stated that the work going on seemed much more elaborate and larger than any trellis he had seen. I observed the work and I agreed with Officer Ginsberg that the scope of work and for safety reasons needed to conform to the Florida Building Code and that a permit was required. To confirm my evaluation of the scope of work, I asked that Palm Beach County Permit Department be contacted for their direction. Palm Beach County confirmed that a permit was required. I had several email communications, a conversation with Mrs. Spadafora and another visit to the site after this to obtain the cooperation of the owner to acquire a permit. In one of those attempts, I was informed that the same type of work had been completed by a resident on the "East Side" and that owner did not get a permit. After investigation it was confirmed that several pergolas had been installed on a home located on North Ocean Blvd. Consequently similar code enforcement action is presently on going with that resident as of the date of this memo. However, at this time a permit has not been applied for and the work is completed. Issue: Should the permit fee be four (4) times the regular fee? Regular Fee: $85 Section 42 -27 (e) " If a person fails to obtain a building permit where otherwise required within the town, the penalty_fee applicable by the county in the amount offour times the regular fee due to the county shall be paid. In addition, there shall he paid to the town a, fee, four times the regular fee due the town. " In as much as the owner was first told that a permit was not required and that work had begun, I would not have charged four (4) times the regular permit fee. Had the scope of work been accurately told and completely communicated to me at the beginning of the work process, I would have informed the owner that a permit was required. Events following the initial direction given to Mr. Spadafora by our officer made it impossible for me to waive the penalty fee amount or ignore my responsibility in this matter. Please refer to an email in your backup for this agenda item. You will notice that two parts of this email are labeled "A" and `B ". "A" is an email from me to Mr. Spadafora sent June 21, 2007 at 12:24 pm. In this email, which is after confirmation that a permit was required, I informed Mr. Spadafora that he must stop work until a permit was obtained. Actually I told him stop work on the project two separate times: First, see * 1 "It is necessary that you submit 3 copies of plan documents, 3 sets of product specs., and a Palm Beach County permit application, and to stop any further work on this project until a permit is issued by the County ". Second *2 "Again, I regretfully must informed you that no further work can be completed on this project until a permit is issued ". Mr. Spadafora responded to that email on the same day, June 21, 2007 at 12:59PM; see "B" on the email. In that email he informs me, "I have a few more crossbars and then paint. Since I do not have an architect, I will have to rely on pics and drawings to get the permit. I will apply for my permit just like my neighbor on the East ". The project was completed and painted by the time Mr. Spadafora applied for a permit. The email correspondence verifies that Mr. Spadafora disregarded the specific request by me to stop work until a permit was obtained. He had been given clear direction that a permit was required, and that no further work was to be completed until such time as a permit had been obtained. Please refer to the permit application received from Mr. Spadafora and a copy of the survey for this property which he used for the site plan. This survey /site plan was attached to the permit application. This application was sufficient for our review and on the same day Mr. Spadafora was informed that his permit application had been reviewed and approved by the Town. This permit application was very simple and probably did not require a lot of time to complete. Mr. Spadafora came into the office to pay for the permit. When Yvonne informed Mr. Spadafora of the fee amount, he left without paying for the permit and clearly stated he refused to do so. As of this writing, permit application has not been paid for. Later that same day I inquired of Yvonne of the status of the application and she informed me what had transpired. I asked her how she explained why the fee was four times the regular amount. She said that she told Mr. Spadafora that it was the Town's "policy" to charge four times the regular amount. After hearing this I asked Yvonne to immediately call him and correctly state that the reason for the penalty was not that it was a policy but it was required by Town Ordinance. Yvonne did call him and clarified this with Mr. Spadafora. rage 1 of Bill Thrasher From: swordout @aol.com Sent: Thursday, June 21, 2007 12:59 PM To: Bill Thrasher Subject: Re: Spadafora's Arbor , Bill, Just to clarify there is no awning, canvas or covering whatsoever. The only thing covering will be plants someday when they grow up the string just like a trellis. As you see it now it will remain, except it will be painted white. I have a few more crossbars and then paint. Since I do not have an architect, I will have to rely on pies and drawings to get the permit. I will apply for my permit just like my neighbor on the East. Joe - - - -- Original Message---- - From: Bill Thrasher To: swordout @aol.com Sent: Thu, 21 Jun 2007 12:24 pm Subject: RE: Spadafora's Arbor Joe, I didn't know you are putting up an awning in addition to this work which I have just seen at your home. Your wife let me in to take a look. When you speak of an awning covering this large of area, awnings create additional review and requirements. A awning of this size is counted 1/2 SF of the area covered toward the FAR calculations. This project is getting more and more complex. T It is necessary that you submit 3 copies of plan documents, 3 sets of product specs, and a palm beach county permit, and to stop any further work on this project until a permit is issued by the County. I appreciate your efforts toward the community, and I know they are great, but I cannot overlook the code requirements because of your community efforts. I strive very hard to treat everybody with respect and in the same manner. In the past this has included the Mayor and almost all of the other Commissioners. By the way, M/M Anderson has not called, appeared or to my knowledge sent anybody over here to turn your job in. I explained to you how and what happened. I was in the company of other staff members here in Town Hall and they witnessed it also. Also, our Code enforcement is a cooperative effort between myself and the PD. The first officer was not .... SENT by me. He was driving by and observed. What he told and reported was that you were putting up a simple trellis. A trellis is much different from a awning covered pergola, and cannot be placed without proper permits and inspections. Again, I regrettfully must informed you that no further work can be completed on this project until a permit is issued. From: swordout @aol.com [mailto:swordout @aol.com] Sent: Thursday, June 21, 2007 11:42 AM To: Bill Thrasher Subject: Re: Spadafora's Arbor 7/23/2007 Lf cSt�am Police Department �p1pE pf' pp�ICE pE� INCIDENT - REPORT ATTACHMENTS ❑STOLEN PROPERTY LIST El SUPPLEMENT ❑ TOW SLIP ❑ STATEMENTS EXAMINER �.,,�,�' ,� ,.,M,, ❑ PROPERTY RECEIPT ❑ OTHER 246 Sea Road, Gulf Stream, FL 33483 FLA. [ELAA. ❑ AFFIDAVIT TYPE OF INCIDENT TYPE OF ACTIVITY DATE DAY OF WEEK WEATHER CASE NUMBER TOWN ORDINANCE VIOLATION OO NON CRIME O FELONY O MISD 7/20/2007 FRI CLOUDY 07 -1435 OCCURRED AT LOCATION CITY STATE ZIP ZONE OFFICER # TIME DISP TIME ARR TIME COMP ASSIST El RESIDENT 2710 CARDINAL CIRCLE GULF STREAM FL 33483 1 737 1200 1200 1220 ® NON -RES. I VICTIM OR COMPLAINANT DOB S R RESIDENT ADDRESS RES PHONE TOWN OF GULF STREAM BUSINESS ADDRESS BUS. PHONE 100 SEA RD GULF STREAM, FL 33483 (561) 276 -5116 REPORTED BY RESIDENT ADDRESS RES PHONE OFC. D.S.GINSBERG BUSINESS ADDRESS BUS. PHONE 246 SEA RD GULF STREAM, FL 33483 (561)2 -8611 OWNER OF PROPERTY FULL NAME RESIDENT ADDRESS RES PHONE BUSINESS ADDRESS BUS. PHONE VALUE OF PROPERTY METHOD USED TO COMIT CRIME (M. O.) 7 VEHICLE IDENTITY MAKE MODEL YEAR BODY STYLE I COLOR LICENSE STATE YEAR V.I.N. [I ARRESTED [I SUSPECT ❑ F.I.R. DOB S R RESIDENT ADDRESS PHONE OCCUPATION KIND OF PROPERTY RECOVERED VALUE TIME / DATE & LOCATION RECOVERED NARRATIVE I WAS DISPATCHED TO THE ABOVE LOCATION WITH REGARDS TO THE PERGOLA ATTACHED TO THE SOFFIT AT THE REAR OF THE HOUSE. UPON ARRIVAL I MET WITH HOMEOWNER CAROLANN SPADAFORA (866- 0610). 1 ADVISED MRS. SPADAFORA THAT NO PERMITS WERE EVER APPLIED FOR WITH REGARD TO THE PERGOLA CONSTRUCTED AT THE REAR OF HER HOUSE. SHE INSISTED THAT HER HUSBAND HAD FILED PERMITS AT WHICH TIME I INFORMED HER THAT TOWN HALL HAD NO RECORD OF HAVING RECEIVED ANY PAPERWORK WITH REGARD TO THE CONSTRUCTION WHICH WAS NOW COMPLETED. I HANDED MRS. SPADAFORA A PALM BEACH COUNTY BUILDING DIVISION PERMIT APPLICATION AND REQUESTED THAT IT BE RETURNED BY FRIDAY 7/27/07. 1 PHOTOGRAPHED THE VIOLATION. PHOTOS ARE ON FILE AT TOWN HALL WITH COPIES ON FILE AT THE POLICE DEPT...... END OFFICER'S SIGNATURE OFFICER NO. CD.4iz 05. s+." $ 1 737 Spadafora's Arbor/Pergola Timeline 6/16/2007 Alfred and I decided to build a decorative arbor /pergola to create shade and support bougainvillea plants. First we went to Gulf Stream (east side) to see Mark's home to see his arbor /pergola. Alfred built Mark's arbor and explained to me no permit is required due to its purpose is purely decorative in nature. He also explained during the construction of the arbor inspectors were there everyday inspecting other areas of the construction to the house and nobody ever questioned the arbor /pergola. His pergola is four to five times the size of mine. My neighbor two doors down from me have an arbor /pergola the same size as mine and he does not have a permit. 6/18/2007 I went to Lowe's and purchased all the lumber required and r began work. On first day police officer /code enforcer (older gentleman) stopped by to question's Alfred's vehicle and to review the structure. He said he wanted to call town hall to verify if a permit is required. Along side of his police car Alfred and Carolann listened to him speak to the staff at town hall. He described the structure and was told "we do not need a permit ". He relayed the conversation to us and we went back to work. 6/22/2007 Bill Thrasher and Chief Ward knocked on our door just after 9:OOam and Carolann answered in her pajamas. She asked them to come into our home. They asked if they could see the pergola, as Carolann was escorting them to the back of the house Bill Thrasher said, "I've seen enough" and told Carolann "you need a permit" and turned around and walked out. She was left feeling perplexed and confused. There was no further instruction or explanation. At that point we were 95% complete, just three more beams to attach. My friend came by after Carolann went to work and finished the beams because he knew I wanted to prime and paint on Saturday and Sunday. Later that day I received an Email from Bill stating I needed a permit and to stop construction. Bill stated he found out about the project from my contractor who came by the town hall during the week inquiring a permit. I said that seems odd since I am the contractor ? ?? 6/23/2007 On Saturday morning I was walking my dog and the same officer from Monday (the older gentleman) pulled over and apologized for the mix up and the conflicting information. I told him not to worry about it that I don't mind getting a permit and would have in advance if I truly thought I needed one. I told him my concern is the wood is not pressure treated and the permit process takes several weeks and the wood is going to get wet and swell without paint. He told me "you can paint, you just can't construct ". I said, "Are you sure ?" He replied, "Yes go ahead and paint." 6/29/2007 We went away for a couple of weeks and I figured I could do the permit upon my return. I still had not received an official letter from the Town summarizing what code I violated or any information regarding permitting just a one sentence email from a town that does not have a website. I thought the proper way to inform a resident of an infraction is to do so by writing a letter and quoting the code details. While we were away, my neighbor John Hamil said he had a conversation with Office Ginsberg who is the head of Code Enforcement and he too verified the structure did NOT need a permit. At that point I still planned on getting the permit to keep everyone happy. 7/16/2007 I received an email inquiring why have I not filled out the permit papers and if I did not do it he was going to take further action. I did reply that I did not appreciate being threatened. I explained I was away and had not been able to get to the South County Building Department. Bill said I could get the papers from Gulf Stream and he further said he would have them dropped off. I thought that was a kind gesture to resolve the earlier comment. 7/20/2007 Five days later, Officer Ginsberg came to our yard and said he was sent to take pictures. Afterwards, Carolann walked him to his car and he then gave her the application. I filled out the application Friday evening and brought to the town hall on Monday, 10:15 am. 7/23/2007 On Monday, morning I received a call from Bill Thrasher inquiring about the paperwork. I told him I was at the Audiologist office and I was going to bring the paperwork to the town hall immediately following my appointment. At 11:15am I received a call from Yvonne from the Town Hall office and she told me my permit is ready to be picked up. I said it has only been one hour that is great. I also asked if she could tell me how much I should make the check out for. She said a figure close to $400.00. I said ok then I said how do you calculate the amount because I have to pay at the county and the project only costs $600.00 in supplies? She said well Bill Thrasher is quadrupling fining me because I did not follow his instructions. I was very upset and told her I was not paying for this and told her it was not her fault and that Bill should have called me himself and not put her in this terrible position. I said good bye. My phone rang one minute later and it was Yvonne and she said Bill wants to make sure you said you're not paying. I told her I was not going to play games with Bill and again she should not be the messenger in this conversation. 7/23/2007 Carolann and I went to visit Mayor Koch and tell him our story. Afterwards, he said he thought we should pay the permit but not the penalty. He was very appreciative of work we have done to our home and the community service I perform. Later that afternoon Mayor Koch said he could not get Bill to change the fine and that we should come to the next town meeting and describe the circumstances. He told me to write him a letter requesting a meeting. I did it as soon as I hung up. 7/25/2007 I received my first letter from the Town outlining the date of the meeting and requesting a check for $200.00. Clearly, there is an administrative problem between the police officers enforcing the codes and town hall who are writing the codes. I feel like there are two sheets of music and I don't know which I am supposed to play from. I was never opposed to getting a permit and went way beyond to understand from owners who have these structures if a permit is required. To this day I still don't know what code I broke and if it is detailed anywhere. Either way I am willing to get the permit and pay the same permit price as any other resident. Furthermore, if you decide in my favor I would expect the $200.00 to be refunded or applied towards my permit. Described on the Town's Commissioner Meeting letter dated September 7, 2007 it states that I am appealing the administrative decision regarding the Building Permit Fee charged for the construction of a pergola at the above address. This is incorrect I am NOT appealing the charge of the permit rather I am appealing the penalty charge on top of the permit fee. This should have never come to this point I am extremely well respected in the community and should be treated with the utmost respect and consideration. Joseph and Carolann Spadafora 2710 Cardinal Circle Gulf Stream, Florida 33483 September 10, 2007 Ms. Rita Taylor Town Clerk 100 Sea Road Gulf Stream, Florida 33483 Dear Ms. Taylor, *RECEIVED* SEP 12 2001 Town of Gulf Stream, FL As instructed today from the administrative office of Town Hall I am writing this letter to request a postponement. Unfortunately, I have to request to change my appearance to the next meeting of the Board of Governors on October 12, 2007. Enclosed you will find my scheduled air travel which confirms my absence in the afternoon of September 14th. It was my intention to be present at the September meeting, however, I was under the impression the meeting took place in the morning hours and arranged my travel accordingly. Please make the necessary changes to the agendas to avoid any confusion of my whereabouts. Thank you for your assistance in this matter. Should you need any additional information, I can be reached on my cell phone at (561)866 -0619. Kind regards, Joseph C.Spadafor Faxed and Mailed Receive Exclusive Offers Subscribe to Click 'n Save® Enroll in our frequent flyer y yoordesktop. E-mad Updates. sourtt�aesT �ir,�irteS program, Rapid Rewards. di to Air Itinerary Trip Date Day Stops Routing Depart Sep 14 Fri N/S PBI -ISP Return Sep 17 Mon N/S ISP -PBI Pricing Flight Routing Details 257 Depart West Palm Beach (PBI) at 2:30 PM Arrive in Long Island (ISP) at 5 :10 PM 2551 Depart Long Island (ISP) at 7:05 PM Arrive in West Palm Beach (PBI) at 9:55 PM Passenger U.S. Type Trip Routing Type of Fare Base Fare Taxes Depart PBI -ISP Internet Special $68.84 $8.56 Adult Return ISP -PBI Internet Special $68.84 $8.56 Total $0.00 $17.12 1 Security Fee is the government - imposed September 11 th Security Fee. Billing Information Funds applied from previous reservation: PFC Securi Feel ty Passenger(s) Total $3.00 $2.50 2 $165.80 $4.50 $2.50 2 $168.80 $7.50 $5.00 $334.60 Please Note: If you have made - and reservations, be sure to cancel and rebook accordingly. 334.60 TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA COMMISSIONERS WILLIAM F. KOCH, JR. Mayor JOAN K. ORTHWEIN, Vice Mayor FRED B. DEVITT III CHRIS D. WHEELER MURIEL J. ANDERSON July 24, 2007 Mr. Joseph Spadafora 2710 Cardinal Circle Gulf Stream, Florida 33483 Dear Mr. Spadafora: bt' P'', Fr Telephone (561) 276 -5116 Fax (561) 737 -0186 Town Manager WILLIAM H. THRASHER Town Clerk RITA L. TAYLOR Mayor Koch advised me that you want to file an appeal of an administrative decision regarding the permit fee related to the construction of the pergola at the above address. The procedure for this action is established in the Town of Gulf Stream Code of Ordinances Chapter 66, Article V., Division 5,Sections 66 -169 through 66 -175, a copy of which is enclosed. Section 66 -174 requires that appeals shall be filed within 30 days of the date action was taken. That date was July 23, 2007. I am also enclosing the form for your completion. The completed form, along with the fee in the amount of $200.00, must be received in the office of the Town Clerk no later than August 15, 2007 in order to be heard at the meeting that will be held on September 14, 2007. If the appeal is filed between August 15, 2007 and August 23, 2007, it will be heard at the meeting to be held on October 12, 2007. The $200.00 is established in Resolution #001 -2 and I have enclosed a copy with the applicable fee highlighted. Should you have any questions with regard to the procedure or the material I have enclosed, please phone me at the above number. Very truly yours, Rita L. Taylor Town Clerk Encls. 100 SEA ROAD, GULF STREAM, FLORIDA 33483 § 66 -165 GULF STREAM CODE calendar year from the date of approval during which time a complete application for a building permit shall be submitted. Failure to make application for a building permit within the prescribed time period or to obtain approval of a building permit application submitted within the pre- scribed time period shall result in the automatic expiration of the special excep- tion approval. (15) Extension. An extension of the effective period of an approved application of up to one additional calendar year may be granted by the board of adjustment pro- vided the applicant can show sufficient cause as to why a building permit appli- cation cannot be submitted or approved in a timely manner and a finding that devel- opment regulations applicable to the project have not or are not proposed to be mate- rially changed so as to render the project inconsistent with the regulations prevail- ing at the time the extension would ex- pire. (16) Resubmittal. Applications that are with- drawn with prejudice or denied may not be resubmitted for a period of one calen- dar year from the date of withdrawal or denial. (17) Appeals. Any aggrieved or adversely af- fected person aggrieved by a decision of the board of adjustment on an application for a special exception may apply for ju- dicial relief by filing a petition for writ of certiorari in the Circuit Court of the Fif- teenth Judicial Circuit in and for Palm Beach County, Florida, within 30 calen- dar days of the date of the final action. (Ord. No. 95 -1, § 2, 1- 30 -95) Sec. 66 -166. Violation of condition of ap- proval. Aviolation of any condition of approval granted pursuant to this division shall be considered a violation of this Code and shall be rectified prior to any public hearing or meeting on the issuance of any subsequent development order or permit. Unless otherwise specified in the final approval, an approved use must comply with all conditions prior to implementing the approval. (Ord. No. 95 -1, § 2, 1- 30 -95) Sec. 66 -167. Misrepresentation. If there is evidence that an application for a special exception was considered wherein there was misrepresentation, fraud, deceit, or a delib- erate error of omission, the town shall initiate a rehearing to reconsider the application. The town shall re- approve, approve with new conditions, or deny the application at the rehearing based on the standards in this division. If evidence of misrepresentation or neglect is discovered during the application review and approval process, the application shall be decertified and remanded to sufficiency review. (Ord. No. 95 -1, § 2, 1- 30 -95) Secs. 66 -168. Reserved. DIVISION 5. APPEALS Sec. 66 -169. Purpose and intent. This division sets forth procedures for the appeal of final actions on applications for devel- opment permits taken by the planning and build- ing administrator or architectural review and planning board. (Ord. No. 95 -1, § 2, 1- 30 -95) Sec. 66 -170. Applicability. Any aggrieved or adversely affected person aggrieved by a final action of the planning and building administrator or the architectural re- view and planning board with regard to any application for development permits may appeal such action to the board of adjustment. (Ord. No. 95 -1, § 2, 1- 30 -95) Sec. 66 -171. Review authority. The board of adjustment shall act as the final review authority on all applications for appeal pursuant to the provisions of the section. (Ord. No. 95 -1, § 2, 1- 30 -95) CD66:54 • • • is C` ZONING § 66 -174 Sec. 66 -172. Action by review authority. that would have brought the proposed project into compliance with the applica- (a) The board of adjustment shall hear, review ble regulations. • and consider each application for an appeal and (Ord. No. 95 -1, § 2, 1- 30 -95) take one of the following actions: (1) Grant the application in full. Sec. 66 -174. Procedures for submitting and processing applications. (2) Deny the application in full. The planning and building administrator shall (3) Grant the application in part. receive and process applications for appeals in accordance with the following: (4) Grant a modification of the application in (1) Deadlines. Applications for appeal shall such form as the board of adjustment be submitted within 30 days of the date deems proper and consistent with the the subject final action was taken. applicable development permit standards. (2) Fees. The town commission shall estab- (5) Establish such conditions as the board of lish fees for appeals. adjustment deems necessary to ensure conformance with the applicable develop- (3) Contents. Application forms and a list of ment permit standards. requirements shall be prepared by the planning and building administrator and (6) Return the application to the final review approved by the town commission pro - authority to reconsider the original appli- vided, however, that any such forms and cation with specific instructions to recon- lists in use as of the date of adoption of the sider information, evidence, or testimony ordinance from which this article derives relative to the original finding(s) and ac- shall be approved for use until such time tion. as they are changed pursuant to this (7) Continue the consideration of the applica- section. tion to a time certain. (4) Withdrawal of application. An applicant shall have the right to withdraw an appli- (b) The board of adjustment shall take final cation at any time prior to final action on action on an application within 60 days of the the application by the board of adjust - close of its public hearing on the application. ment. Requests for withdrawal received (Ord. No. 95 -1, § 2, 1- 30 -95) by the planning and building administra- tor five working days prior to the board of Sec. 66 -173. Standards. adjustment hearing shall automatically be granted. Applicants shall not be enti- In order for the appeal to be granted, the tled to a refund of any fees. Thereafter, applicant shall show that the final review author- board of adjustment may accept the with - ity: drawal. (1) Acted in a manner inconsistent with the (5) Transmittal of record ofproceedings. Prior provisions of this Code or other applicable to the board of adjustment hearing, the local, state or federal law; planning and building administrator shall transmit to the board of adjustment the (2) Made erroneous findings of fact based on entire record of proceedings from the orig- • the evidence and testimony placed before inal review process. the final review authority at a public (6) Public hearings. The board of adjustment hearing; or shall each hold at least one public hearing (3) Failed to fully consider mitigating mea- on a weekday, on an application for an sures or revisions offered by the applicant appeal. CD66:55 § 66 -174 GULF STREAM CODE (7) Notice. Notice of the public hearings shall ARTICLE VI. DISTRICT REGULATIONS* be given pursuant to the same notice requirements as were used to process the DIVISION 1. GENERALLY original application. (8) Action by the board of adjustment. The board of adjustment shall have 60 days from the close of its public hearing on the application to take action pursuant to section 66 -172 of this division. Time peri- ods during a continuance requested by the applicant shall be exempted from this requirement. (9) Notice of action. The town clerk shall notify the applicant in writing of the final action taken on the application within ten working days of the final action. (10) Appeals. Any aggrieved or adversely af- fected person aggrieved by a decision of the board of adjustment on an application for an appeal may apply for judicial relief by filing a petition for writ of certiorari in the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, Florida, within 30 calendar days of the date of the final action. (Ord. No. 95 -1, § 2, 1- 30 -95) Sec. 66 -175. Misrepresentation. If there is evidence that an application for an appeal was considered wherein there was misrep- resentation, fraud, deceit, or a deliberate error of omission, the town shall initiate a rehearing to reconsider the application. The town shall re- approve, approve with new conditions, or deny the application at the rehearing based on the standards in this division. If evidence of misrep- resentation or neglect is discovered during the application review and approval process, the ap- plication shall be decertified and remanded to sufficiency review. (Ord. No. 95 -1, § 2, 1- 30 -95) Sec. 66 -176. Compliance generally. Except as otherwise specifically provided in this chapter: (1) No building shall be erected, reconstructed or structurally altered, nor shall any build- ing or land be used which does not comply with all the district regulations estab- lished by this chapter for the district in which the building or land is located. (2) The minimum yards and other open spaces, including the intensity of use provisions contained in this chapter for each and every building erected, reconstructed or structurally altered, shall not be en- croached upon or considered as a compli- ance with yard or open space require- ments or intensity of use requirements for any other building or adjoining building. (3) Every building erected, reconstructed or structurally altered shall be located on a lot fronting on either a private or public street. (4) Aresidential structure may be constructed on any existing nonconforming lot which existed prior to April 8, 1983, in any residential district if such lot is less than the minimum area required for building lots in the residential district in which it is located; provided, however, that the lot complies with all applicable provisions of this chapter; and provided further, that the owner of such lot does not own any adjacent vacant land which would create a conforming lot if such vacant lot were combined with the lot deficient in area. (Ord. No. 83 -1, § 2(VI), 4 -8 -83; Ord. No. 90 -1, § 2, 1- 21 -91) Sec. 66 -177. Districts enumerated; map. (a) In order to regulate and limit the height and size of buildings; to regulate and limit the intensity of the use of lot areas; to regulate and *Cross reference — Recreation and open space concur - rency assessment, § 44 -106. CD66:56 • • • • RESOLUTION 001 -2 A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA, WHICH SUPERSEDES RESOLUTION 98 -12, ESTABLISHING FEES FOR THE PROCESSING OF APPLICATIONS FOR DEVELOPMENT APPROVAL; PROVIDING FOR THE RECOVERY OF DIRECT COSTS ASSOCIATED WITH THE PROCESSING OF SAID APPLICATIONS, PROVIDING FOR A WAIVER OF SUCH FEES AND EXPENSES; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Town of Gulf Stream Zoning Code requires applications be submitted for various land development proposals and provides for the processing, review and final disposition of such applications; and WHEREAS, the Town staff is required to expend in time performing certain duties in processing applications for development approval; and WHEREAS, the Town may incur additional direct materials and professional review expense in processing applications for development approval; and WHEREAS, the Town Commission believes those submitting applications for development approval should share in the costs of processing such applications; and WHEREAS, the Town periodically revises its fee schedules to more accurately reflect the cost of processing applications. NOW, THEREFORE, BE IT RESOLVED BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA THAT: Section 1. Application Fees: The following fees are hereby established for applications for development approval as necessary to partially off -set the costs of Town staff time and related overhead expenses: ARplication Comprehensive Plan Text Amendment Future Land Use Map Amendment Zoning Code Text Amendment Official Zoning Map Amendment (Rezoning) Development Agreement Annexation /Contraction (Voluntary) Variance Subdivision Fee $1500.00 plus $1500.00 plus $ 750.00 plus $1500.00 plus $ 300.00 advertising advertising advertising advertising $ 300.00 plus advertising $ 350.00 plus advertising $ 400.00 plus $100.00 Lot Line Amendment- Between 2 Existing Lots $ 250.00 for each lot Special exception $ 200.00 Appeal $ 200.00 Architectural /Site Plan Review, Level 3 $ 650.00 Architectural /Site Plan Review, Level 2 $ 400.00* Architectural /Site Plan Review. Level 1 $ 0.00 Mailing Costs for Notification (Per Mailing) $ 15.00 Land Clearing Plan Review $ 50.00 North Ocean Boulevard Landscape $ 25.00 Disturbance Permit Si R e v i gn ew $200.00 Developments of Regional Impact or otherwise (All recoverable subject to review under the provisions direct expenses plus of the Intergovernmental Coordination staff time to be Element of the Comprehensive Plan charged at rates set by the Town Commission at the time the applica- tion is submitted.) *$650.00 if sent to Design Consultant for full review. Page 2 of 3 Dear Bill, There could have been no one who "Bidded" the job as this is coming out of my head as I am building it. I go to Home Depot each day and by more of whatever I need. My wife only learned of the project on Monday when our garage was filled with wood and my car was outside. Nobody knows about this except for the little world that goes on inside my head. It is more likely to be Bruce or Mert Anderson. Alfred is my brother in law and can help me without any special approval. He is paid NOTHING accept family appreciation and that is what we do for one another. I can easily take a picture when we done and go to the County with measurements and other specs for their and your approval. My awning was 32feet wide by 12 deep the exact same dimensions as the arbor. It was my intention to create something with more craftsmen ship to enhance the surrounding neighborhood. Anyone can call Jay at Delray Awning and have a metal frame with canvas tied around it. Everything I have done to that property has been a huge improvement from what it was. This has been told to me by all my neighbors. Additionally, I have continued my passion for improvement of the community by spearheading the Camera Surveillance system for the guard booth. Designing the front landscaping and researching a landscape company to install the trees /plants. Followed by directing new irrigation and lighting. I also change flags, replace light bulbs, repair curbs, cut down ficus trees post hurricane, and hang holiday decorations. I think there are far worse citizens in the Town than me. I certianly don't expect any special consideration from you. However, you could have called me or emailed me rather than placing those nice officers on the spot. It is not like you don't know me. They hated having to come over and dealing with this stuff. Joe - - - -- Original Message---- - From: Bill Thrasher To: Swordoutn_,aol.com Sent: Thu, 21 Jun 2007 10:24 am Subject: RE: Spadafora's Arbor Hi Joe, The conversation we had was concerning what I interpreted as an awning. What you have there is much more than a trellis or an awning and is referred to in our code as a structure. This structure does require a permit which the Town has verified with the County. Please use this email as notice to you that a PB Cty and GS permit must be applied for. I did not know or recognize the gentleman that came into our office and brought this to our attention. He did say he bid on the job, but I understand that could not have been true based on your comment. He was not a Gulf Stream resident as I did ask that question. I also visited the property you referenced in your email. He too has been notified of the same, and will be complying with the Town's request. As a side bar, upon my inspection of the work presently in place, there does not appear to be a conflict with the GS code. I cannot say or dknow the County's position on this work. If you do not have a contractor, an owner/builder permit utilized. 7/23/2007 Page 3 of 3 Thank you for your cooperation. C From: Swordout@aol.com [mailto:Swordout @aol.com] Sent: Thursday, June 21, 2007 7:28 AM To: Bill Thrasher Subject: Spadafora's Arbor Bill, There seems to some question regarding the decorative trellis /arbor we are building in our backyard. My brother in law, a friend and myself are making an arbor /trellis to hold bougainvillea plants. If you remember I came to your office last fall and asked about the requirements for an awning. And you looked it up in the Gulfstream bible and told me the only thing I had to do was not purchase a bright color such as orange or purple and I told you White. This too will be painted with Benjamin Moore White paint. The officer who stopped by on Monday called the Town hall and inquired on our project and said everything is fine. Another office came yesterday and said somebody came into Town Hall and complained? The posts are set 4 feet down in the earth. The top has cemented pavers around the wood so that the pavers don't move or shift other pavers. The pavers I have a permit and they are allowed to be set in cement and sand. The other wood beams are interlocked by notching each beam into each other. Then there is one master beam secured to the house with 6 inch bolts. This will be very safe and secure when we are through. Furthermore, by brother in law just finished one these arbors in on the East side ten times larger than mine and there was no permit required there. This is a $6 million dollar house and the two officers both knew the address well. All my neighbors have wood structures in their yards, some as entrance ways with vines or around an outdoor table or seating area. It is purely decorative and blocks some of the sun's strong rays. We have two tropical birds in the sun room and the direct rays cause the birds to pant and become lethargic during the late afternoon. One bird is valued over $2,000 dollars and I have raised him from an egg 18 years ago. Please let me know what other information you need to put this to rest. If you would like me to speak to one of my neighbors I would be perfectly happy to do so. We can only work on it during the late afternoon and early evenings as we both work during the day. After today there will be no more cutting or noise, just priming and painting. Thank you for the assistance. Best regards, Joe See what's free at AOL.com. AOL now offers free email to everyone. Find out more about what's free from AOL at AOL.com. 7/23/2007 INTER - OFFICE MEMORANDUM TOWN OF GULF STREAM, FLORIDA OFFICE OF THE TOWN MANAGER WILLIAM H. THRASHER DATE: August 24, 2007 TO: Mayor and Commissioners RE: Challenge of Administrative Decision — Permit Fee Amount 2710 Cardinal Circle Mr. & Mrs. Joseph Spadafora During the September 14, 2007 Commission Meeting you will be deciding whether to reduce the Permit Fees for Mr. & Mrs. Joseph Spadafora, residing at 2710 Cardinal Circle, Place Au Soleil. I am presenting the following background information to assist you with your evaluation and decision. Background: In early June of this year a Gulf Stream Police Officer called Town Hall inquiring whether the work being started at 2710 Cardinal Circle required a permit. The call was forwarded to me. The officer asked me whether a permit was required to install or place a trellis. He also said that the resident was doing the work himself and that the trellis would provide the framework for plants to grow from. Given this information I informed the officer that a permit was not required. About a week later Code Enforcement Officer Ginsberg called me to discuss the same property and project. He stated that the work going on seemed much more elaborate and larger than any trellis he had seen. I observed the work and I agreed with Officer Ginsberg that the scope of work and for safety reasons needed to conform to the Florida Building Code and that a permit was required. To confirm my evaluation of the scope of work, I asked that Palm Beach County Permit Department be contacted for their direction. Palm Beach County confirmed that a permit was required. I had several email communications, a conversation with Mrs. Spadafora and another visit to the site after this to obtain the cooperation of the owner to acquire a permit. In one of those attempts, I was informed that the same type of work had been completed by a resident on the "East Side" and that owner did not get a permit. After investigation it was confirmed that several pergolas had been installed on a home located on North Ocean Blvd. Consequently similar code enforcement action is presently on going with that resident as of the date of this memo. However, at this time a permit has not been applied for and the work is completed. Issue: Should the permit fee be four (4) times the regular fee? Regular Fee: $85 Section 42 -27 (e) " If a person fails to obtain a building permit where otherwise required within the town, the penalty fee applicable by the county in the amount offour times the regular fee due to the county shall be paid. In addition, there shall be paid to the town a fee four times the regular fee due the town. " In as much as the owner was first told that a permit was not required and that work had begun, I would not have charged four (4) times the regular permit fee. Had the scope of work been accurately told and completely communicated to me at the beginning of the work process, I would have informed the owner that a permit was required. Events following the initial direction given to Mr. Spadafora by our officer made it impossible for me to waive the penalty fee amount or ignore my responsibility in this matter. Please refer to an email in your backup for this agenda item. You will notice that two parts of this email are labeled "A" and "B ". "A" is an email from me to Mr. Spadafora sent June 21, 2007 at 12:24 pm. In this email, which is after confirmation that a permit was required, I informed Mr. Spadafora that he must stop work until a permit was obtained. Actually I told him stop work on the project two separate times: First, see * 1 "It is necessary that you submit 3 copies of plan documents, 3 sets of product specs., and a Palm Beach County permit application, and to stop any further work on this project until a permit is issued by the County ". Second *2 "Again, I regretfully must informed you that no further work can be completed on this project until a permit is issued ". Mr. Spadafora responded to that email on the same day, June 21, 2007 at 12:59PM; see "B" on the email. In that email he informs me, "I have a few more crossbars and then paint. Since I do not have an architect, I will have to rely on pics and drawings to get the permit. I will apply for my permit just like my neighbor on the East ". The project was completed and painted by the time Mr. Spadafora applied for a permit. The email correspondence verifies that Mr. Spadafora disregarded the specific request by me to stop work until a permit was obtained. He had been given clear direction that a permit was required, and that no further work was to be completed until such time as a permit had been obtained. Please refer to the permit application received from Mr. Spadafora and a copy of the survey for this property which he used for the site plan. This survey /site plan was attached to the permit application. This application was sufficient for our review and on the same day Mr. Spadafora was informed that his permit application had been reviewed and approved by the Town. This permit application was very simple and probably did not require a lot of time to complete. Mr. Spadafora came into the office to pay for the permit. When Yvonne informed Mr. Spadafora of the fee amount, he left without paying for the permit and clearly stated he refused to do so. As of this writing, permit application has not been paid for. Later that same day I inquired of Yvonne of the status of the application and she informed me what had transpired. I asked her how she explained why the fee was four times the regular amount. She said that she told Mr. Spadafora that it was the Town's "policy" to charge four times the regular amount. After hearing this I asked Yvonne to immediately call him and correctly state that the reason for the penalty was not that it was a policy but it was required by Town Ordinance. Yvonne did call him and clarified this with Mr. Spadafora. Pagel of 3 Bill Thrasher From: swordout @aol.com Sent: Thursday, June 21, 2007 12:59 PM To: Bill Thrasher Subject: Re: Spadafora's Arbor Bill, Just to clarify there is no awning, canvas or covering whatsoever. The only thing covering will be plants someday when they grow up the string just like a trellis. As you see it now it will remain, except it will be painted white. I have a few more crossbars and then paint. Since I do not have an architect, I will have to rely on pics and drawings to get the permit. I will apply for my permit just like my neighbor on the East. Joe - - - -- Original Message---- - From: Bill Thrasher To: swordout @aol.com Sent: Thu, 21 Jun 2007 12:24 pm Subject: RE: Spadafora's Arbor Joe, I didn't know you are putting up an awning in addition to this work which I have just seen at your home. Your wife let me in to take a look. When you speak of an awning covering this large of area, awnings create additional review and requirements. A awning of this size is counted 1/2 SF of the area covered toward the FAR calculations. This project is getting more and more complex. kit is necessary that you submit 3 copies of plan documents, 3 sets of product specs, and a palm beach county permit, and to stop any further work on this project until a permit is issued by the County. I appreciate your efforts toward the community, and I know they are great, but I cannot overlook the code requirements because of your community efforts. I strive very hard to treat everybody with respect and in the same manner. In the past this has included the Mayor and almost all of the other Commissioners. By the way, M/M Anderson has not called, appeared or to my knowledge sent anybody over here to turn your job in. I explained to you how and what happened. I was in the company of other staff members here in Town Hall and they witnessed it also. Also, our Code enforcement is a cooperative effort between myself and the PD. The first officer was not .... SENT by me. He was driving by and observed. What he told and reported was that you were putting up a simple trellis. A trellis is much different from a awning covered pergola, and cannot be placed without proper permits and inspections. Again, I regrettfully must informed you that no further work can be completed on this project until a permit is issued. From: swordout @aol.com [mailto:swordout @ aol.com] Sent: Thursday, June 21, 2007 11:42 AM To: Bill Thrasher Subject: Re: Spadafora's Arbor 7/23/2007 il� cSt2ECtm F.,,f� oO 1GE f. OCf F ATTACHMENTS ❑ STOLEN PROPERTY LIST ❑ SUPPLEMENT Police Department INCIDENT - REPORT Q INCIDENT El TOW SLIP El STATEMENTS EXAMINER El PROPERTY RECEIPT El 246 Sea Road, Gulf Stream, FL 33483 FL�J ,� FlA_ ❑ AFFIDAVIT TYPE OF INCIDENT TYPE OF ACTIVITY DATE DAY OF WEEK WEATHER CASE NUMBER TOWN ORDINANCE VIOLATION O NON CRIME O FELONY O MISD 7/20/2007 FRI CLOUDY 07 -1435 OCCURRED AT LOCATION CITY STATE ZIP ZONE OFFiCER # TIME DISP TIME ARR TIME COMP ASSIST ❑ RESIDENT 2710 CARDINAL CIRCLE GULF STREAM FL 33483 1 737 I I 1200 1200 1220 N NON -RES, I VICTIM OR COMPLAINANT D O B S R RESIDENT ADDRESS RES PHONE TOWN OF GULF STREAM BUSINESS ADDRESS BUS. PHONE 100 SEA RD GULF STREAM, FL 33483 (561) 276 -5116 REPORTED BY RESIDENT ADDRESS RES PHONE OFC. D.S.GINSBERG BUSINESS ADDRESS BUS. PHONE 246 SEA RD GULF STREAM, FL 33483 (561) 278 -8611 OWNER OF PROPERTY FULL NAME RESIDENT ADDRESS RES PHONE BUSINESS ADDRESS BUS. PHONE VALUE OF PROPERTY METHOD USED TO COMIT CRIME (M. O.) VEHICLE IDENTITY MAKE MODEL YEAR BODY STYLE I COLOR LICENSE STATE YEAR V.I.N. ❑ ARRESTED ❑ SUSPECT ❑ F.I.R. DOB S I R RESIDENT ADDRESS PHONE OCCUPATION KIND OF PROPERTY RECOVERED VALUE TIME / DATE & LOCATION RECOVERED $ NARRATIVE I WAS DISPATCHED TO THE ABOVE LOCATION WITH REGARDS TO THE PERGOLA ATTACHED TO THE SOFFIT AT THE REAR OF THE HOUSE. UPON ARRIVAL I MET WITH HOMEOWNER CAROLANN SPADAFORA (866- 0610). 1 ADVISED MRS. SPADAFORA THAT NO PERMITS WERE EVER APPLIED FOR WITH REGARD TO THE PERGOLA CONSTRUCTED AT THE REAR OF HER HOUSE. SHE INSISTED THAT HER HUSBAND HAD FILED PERMITS AT WHICH TIME I INFORMED HER THAT TOWN HALL HAD NO RECORD OF HAVING RECEIVED ANY PAPERWORK WITH REGARD TO THE CONSTRUCTION WHICH WAS NOW COMPLETED. I HANDED MRS. SPADAFORA A PALM BEACH COUNTY BUILDING DIVISION PERMIT APPLICATION AND REQUESTED THAT IT BE RETURNED BY FRIDAY 7/27/07. 1 PHOTOGRAPHED THE VIOLATION. PHOTOS ARE ON FILE AT TOWN HALL WITH COPIES ON FILE AT THE POLICE DEPT...... END OFFICER'S SIGNATURE OFFICER NO. )., .a 6. 94j, 737 NOTICES SENT TO FOLLOWING ON 8 -30 -07 „- , . --1 - , 'e-'O.n u o- * Caro lann �pdcd46 e-c) 2720 Cardinal Circle CA. l 2755 Cardinal Circle 2730 Ave. Au Soleil e-+2r 2735 Ave. Au Soleil ErtC s� L1ah+e-- n5 +etn 's' cuoth 2700 Ave. Au Soleil C. Pannone- 825 Tangerine Way 'vt� �y M. sc h•t rr-j l br-Cw II� 910 Indigo �', u 1-4 eo- re-r%o -4- So n 5 915 Indigo �ki, F, `�roLo n 2665 Ave. Au Soleil (,� t ( I i am 4 D lance 14 • k�cC LcLv Ken NOTICE OF APPEAL OF ADMINISTRATIVE DECISION NOTICE IS HEREBY GIVEN that the Town Commission, sitting as the Board of Adjustment of the Town of Gulf Stream, will hold a Public Hearing on Friday, September 14, 2007 at 4:00 P.M. in the Commission Chambers of the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An Appeal of the Administrative Decision by the Town Manager in relation to the fees charged for a Building Permit Application submitted by Joseph and Carolann Spadafora, owners of the property located at 2710 Cardinal Circle, Gulf Stream, Florida, legally described as Lot 11, Place Au Soleil Subdivision. 1.AN APPEAL for reduction of Building Permit Application Fees, established in Section 42 -27 (e) of the Code of Ordinances of the Town of Gulf Stream, related to the construction of a pergola at the address stated above. The Town Commission, sitting as the Board of Adjustment, shall make a final decision regarding the subject application at the hearing noticed above. The hearing may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. The complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483, and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 A.M. to 4:00 P.M. ALL PARTIES INTERESTED IN THESE MATTERS may appear before the Town Commission, sitting as the Board of Adjustment, of the Town of Gulf Stream at the time and place aforesaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION, SITTING AS THE BOARD OF ADJUSTMENT, WITH RESPECT TO ANY MATTER CONSIDERED AT THE PUBLIC HEARING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. Dated: August 30, 2007 TOWN OF GULF STREAM, FLORIDA K4 Rita L. Taylor, t6wn Clerk