HomeMy Public PortalAbout01/02/2004 * Case #CE-5-03 * MartinezTOWN OF GULF STREAM
CODE ENFORCEMENT
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
AFFIDAVIT OF COMPLIANCE OR NON - COMPLIANCE
(circle one)
CASE NO. CE -5 =03
LOCATION OF VIOLATION:
2564 Avenue Au Soleil
Gulf Stream, FL 33483
DATE: January 2, 2004
I, Bill Thrasher , have personally examined the property described above and
(Town Official /Inspector)
Find that said property is (NOT) (NOW) in compliance with Section(s) 70 -269 (c) (611the
Code of the Town of Gulf Stream as of the 2 day of January .7 2004
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Afflant
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 2 day of
January 20 04 by Bill Thrasher Town Official/Inspector,
who is personally known to me or who has produced a Florida driver's license as
identification who did /did not take an oath.
RITA L. TAYLOR
UY('OA011SSION N DO118211'
(SEAL) '7, w EXPIRES F,W,l 21.2(ft
: NOTAPY F( NvI S.11m & 6a 01N. iIC
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NOTARY PUBL
State of Florida
COMMISSIONERS
WILLIAM F. KOCH. JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED 8. DEVITT III
ROBERT W. HOPKINS II
WILLIAM A. LYNCH
January 2, 2004
Julio M. Martinez
2564 Avenue Au Soleil
Gulf Stream, FL 33483
Dear Mr. Martinez:
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Telephone
(561) 276 -5116
Fax
(561) 737.0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
Enclosed is an Affidavit of Compliance covering the code violation at the above address,
cited under Case #05 -03.
The violation was for installing a mailbox with decorative non - functional attachments
resembling a Dolphin helmet.
At the hearing held on December 4, 2003, you were found in non - compliance but no
fines were assessed since you corrected the violation within the time frame ordered.
Sincerely,
onne E. Eckert
Deputy Town Clerk
Encl.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
The Law Office of
Glen J. Torcivia and Associates, P.A.
Northpoint Corporate Center
701 Northpoint Parkway
Suite 209
West Palm Beach, Florida 33407 -1950
Glen J. Torcivia *
Paulette Torcivia
Lara Donlon **
*ALso admitted in New York
**Also admitted in Georgia
December 5, 2003
Rita Taylor, Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33483
Re: Code Enforcement Hearing
December 4, 2003
Dear Rita:
Telephone
(561) 686 -8700
TeIefax
(561) 686 -8764
Email:
Glen @torcivialaw.com
Enclosed please find the Order for the Code Enforcement Hearing that was held on Thursday,
December 4, 2003.
If you have any questions, please feel free to contact me.
Sincerely,
Paulette Torcivia
PT:dm
enclosure
CODE ENFORCEMENT ORDER
TOWN OF GULF STREAM, FLORIDA
ORDER FINDING VIOLATION
TOWN OF GULF STREAM,
Petitioner,
V.
JULIO M. MARTINEZ
AND CHERYL TAYLOR,
Respondents.
Case No. CE -5 -03
Re: Violation of Section 70 -269 (c) (2) of the Code of Ordinances of the Town of Gulf Stream.
Address: 2564 Avenue Au Soleil
Gulf Stream, Florida
Legal Description: PLACE AU SOLEIL LT 40
The Special Master appointed by the Town Council to hear code enforcement cases
for the Town of Gulf Stream, in accordance with Chapter 162, Florida Statutes, has heard testimony
at the Code Enforcement Hearing held on the 4 °i day of December, 2003, and based on the evidence
and testimony presented, the following FINDINGS OF FACT, CONCLUSIONS OF LAW, and
ORDER are hereby entered:
FINDINGS OF FACT
The Respondents, Julio M. Martinez and Cheryl Taylor, were present at the
hearing and testified.
2. The Town Manager, William Thrasher, testified and introduced photographs
of the violation.
CONCLUSIONS OF LAW
Respondents are in violation of Section 70 -269 (c) (2) of the Code of Ordinances
of the Town of Gulf Stream.
It is the Order of the Code Enforcement Special Master that Respondents, Julio M.
Martinez and Cheryl Taylor, shall comply with Section 70 -269 (c)(2) of the Code of Ordinances of
the Town of Gulf Stream by the 19`s day of December, 2003.
If Respondents do not comply within the time specified, a fine offifty- dollars ($50.00)
per day shall be assessed for each day the violation continues to exist.
Upon complying, it is the responsibility of the Respondents to notify the Gulf Stream
Code Enforcement Clerk at (561) 276 -5116 to request a reinspection of the property.
DONE AND ORDERED this 4' day of December, 2003.
TOWN OF GULF STREAM
CODEENFORCEMENT
BY:
Special Master
f
J
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. DEVITT III
ROBERT W. HOPKINS 11
WILLIAM A. LYNCH
October 30, 2003
II OWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
NOTICE OF VIOLATION
Julio M. Martinez
2564 Avenue ALL Soleil
Gulf Stream, Florida 33483
Dear Mr. Martinez:
Telephone
(561) 276-5116
Fax
(561) 737 -0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
HAND DELIVERY
It has come to our attention that you have installed a mail box
at the above address, legally described as Lot 40 Place Au Soleil,
that is prohibited under Section 70 -269 of the Code of Ordinances
of the Town of Gulf Stream. A copy of that section is enclosed
herewith for your reference.
This is to be considered official notice to correct this violation
by removing this installation within 15 days. Failing to comply
with this order shall result in further action as provided in
Chapter 2, Article III, Division 2 (Code Enforcement) of the Code
of Ordinances.
W �ly you
William Thrasher
Town Manager
Encl.
-TO C 100 SEA ROAD, GULF STREAM, FLORIDA 33483
§ 70-268
GULF STREAM CODE
Objects d'art visible from the street
Statuary visible from the street
Sec. 70 -269. Mailboxes. �`•
(a) Preferred.
(1) Standard, manufactured curbside box approved by the U.S. Postal Service.
(2) Four -inch by four -inch wood posts or two -inch diameter standard steel or aluminum posts, buried
no more than 24 inches in the ground.
(3) Boxes mounted such that the bottom is no more than 311_ to four feet above the ground.
(4) Boxes and posts painted black or white with address number.
(5) Copper or brass boxes.
(b) Discouraged.
(1) Non- standard or custom designed boxes approved by the U.S. Postal Service.
(2) Posts constructed of material other than solid wood or standard metal pipe.
(3) Brightly painted.
(4) Unfinished metal other than copper or brass.
(c) Prohibited.
(1) Boxes not approved by the U.S. Postal Service.
(2) Decorative or other non - functional attachments to a box, whether or not approved by the U.S. Postal
Service.
(3) Square posts greater than four inches by four inches and round posts greater than four inches in
diameter.
(4) Posts that, when struck, could damage vehicles and cause injuries (e.g. concrete or heavy metal
posts).
(5) Bright designs inconsistent with the color scheme of the principal home.
(6) Internally lighted or back -lit mailboxes.
(Ord. No. 00 -1, § 63, 3- 10 -00)
Secs. 70- 270 -70 -295. Reserved.
ARTICLE IX. APPENDIX
Sec. 70 -296. Glossary of architectural terms.
While many of these terms do not appear in this manual they may appear on architectural drawings and
are included to facilitate a better understanding of building design.
Arch shall mean a structural element shaped in an arc or curve.
Balcony shall mean a platform extending from the facade of a building.
Barrel the shall mean semi - cylindrical tile used for roofing; i.e., Mediterranean Revival.
Bay window shall mean a window projecting outward from the main wall of a building.
Board and batten shall mean vertical siding composed of wide boards that do not overlap and narrow
strips, or battens, nailed over the spaces between the boards.
Bond shall mean the general method of overlapping the joints of successive courses of bricks or stones,
thereby binding them together to form a wall or other surface. Different patterns may be formed by these
joints (e.g., common bond, Flemish bond, English bond, herringbone bond).
Casement window shall mean a window with hinges to the side and a vertical opening either on the side f
or in the center. 4
Clapboard shall mean siding material or horizontal wooden strips, often applied with the thicker edge
overlapping the clapboard below.
Supp. No. 1 CD70:86
RETURN RECEIPT
Article Ad,(:resged to:
Julio M. Martinez
2564 Avenue Au Soleil
Gulf Strearg, FL -41A83
Signatur (add ssee)
or
Signature of Agent
Article Number
130
Date of Delivery
3/ g-3 flAk
`1
Y
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Phone (561) 276 -5116 Fax (561) 737 -0188
CODE ENFORCEMENT SPECIAL MASTER
TOWN OF GULF STREAM, FLORIDA
CASE: CE #5 -03 November 18, 2003
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to Section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned herby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) and more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFOECEMENT SPECIAL MASTER
of the Town.
1. Location/Address where violation(s) exist(s): 2564 Avenue An Soleil, Gulf Stream, FL 33483
2. Legal Description: Place An Soled Lot 40
3. Name and address of owner /person in charge where violation(s) exist(s): Julio M. Martinez
and Cheryl Taylor, 2564 Avenue An Soleil Gulf Stream FL 33483
4. Violation of Town Code Section(s) and description(s): Section 70- 269(c)(2) prohibits
decorative or other non - functional attachments to a mailbox whether or not approved by the
U.S. Postal Service. A mailbox resembling a "Dolphin' helmet with face mask has been
installed at this address:
(SEE ATTACHED "EXHIBIT OF VIOLATIONS ")
5. Date of first inspection: October 29, 2003
6. Date owner first notified of violation(s): October 31, 2003
7. Date on/by, which violations are to be corrected: December 1, 2003
* * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** *IMPORTANT NOTICE * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
Unless the violator corrects the violation(s) described herein by the date set forth above AND
CONTACTS THE UNDERSIGNED CODE INSPECTOR AT (561) 276 -5116 to verify
COMPLIANCE with the Town Code(s) cited herein, NOTICE IS HEREBY GIVEN THAT A
PUBLIC HEARING WILL BE CONDUCTED for the above referenced property before the town of
Gulf Stream Code Enforcement Special master on December 4. 2003 at 10:00 A.M. or as soon
thereafter as the case can be heard in the Town Hall Commission Chambers located at 100 Sea Road,
Gulf Stream, FL.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MASTER at that time to answer
allegations that you have violated the above cited sections of the Code of Ordinances of the Town of
Gulf Stream. IF YOU FAIL TO ATTEND, the Special Master may base his /her finding solely upon
presentation by the Town Code Inspector.
U.a,,
William H. Thrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
December 1, 2003 THAT THE PARCEL OF REAL PROPERTY OWNED BY
YOU AND DESCRIBED IN THIS NOTICE IS NO LONGER IN VIOLATION OF TOWN
CODES AND THAT YOU ARE REQUESTING A REINSPECTION.
IF THE VIOLATION(S) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR
CORRECTION, OR IF THE VIOLATIONS) IS /ARE CORRECTED AND THEN RECURS,
THE CASE MAY BE PRESENTED TO THE SPERCIAL MASTER EVEN IF THE VIOLATION
(S) HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MASTER HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY
THE CODE ENFORCEMENT SPECIAL MASTER THAT THE PARCEL OF REAL
PROPERTY DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE
VIOLATION.
If the Special Master finds that you have committed a violation, he /she may order IMMEDIATE
COMPLIANCE with the Code and if you fail to comply with such order within the time period set
forth therein, lie /she can IMPOSE A FINE OF UP TO $250.00 PER DAY for each violation
remaining in non - compliance.
If the Town is successful in prosecuting your case before the Special Master, FINES WILL BE
IMPOSED BY THE SPECIAL MASTER. SUCH FINES SHALL CONSTITUTE A LIEN ON
ANY REAL OR PERSONAL PROPERTY OWNED BY YOU. FAILURE TO PAY SUCH
FINES CAN RESULT IN FORECLOSURE AND COLLECTION ACTION BY THE TOWN.
If you disagree with a decision of the Special Master, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 (thirty) DAYS after the Special Master's Order is entered.
If you wish to have the Special Master RECONSIDER your case for any reason or if your case was
in fine and now complied and you wish to request a REDUCTION IN FINE an APPLICATION
AND THE APPROPRIATE FEE MUST BE SUBMITTED TO THE TOWN OF GULF STREAM
FOR ANY SUCH REQUESTS. ALL REQUIREMENTS FOR SUCH REQUEST MUST BE
MET FOR THE SPECIAL MASTER TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Master with respect to any matters
considered at subject meeting, they will need a record of the proceedings, and for such purpose,
they may need to ensure that a verbatim record of the proceedings is made, upon which record
includes testimony and evidence upon which appeal is based.
(FS286.0105)
PLEASE GOVERN YOURSELF ACCORDINGLY
r l
By: ' Rita Tayl6d, Town Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
§ 70.2G8
GULF STRE.LNI CODE
Objects d'art visible from the street
Statuary visible from the street
Sec. 70 -269. Mailboxes.
(a) Preferred.
(1) Standard, manufactured curbside box approved by the U.S. Postal Service.
(2) Four -inch by four -inch wood posts or two -inch diameter standard steel or aluminum posts, buried
no more than 24 inches in the ground.
(3) Boxes mounted such that the bottom is no more than 31h, to four feet above the ground.
(4) Boxes and posts painted black or white with address number.
(5) Copper or brass boxes.
(b) Discouraged.
(1) Non - standard or custom designed boxes approved by the U.S. Postal Service.
(2) Posts constructed of material other than solid wood or standard metal pipe.
(3) Brightly painted.
(4) Unfinished metal other than copper or brass.
(c) Prohibited.
(1) Boxes not approved by the U.S. Postal Service.
(2) Decorative or other non - functional attachments to a box, whether or not approved by the U.S. Postal
Service.
(3) Square posts greater than four inches by four inches and round posts greater than four inches in
diameter.
(4) Posts that, when struck, could damage vehicles and cause injuries (e.g. concrete or heavy metal
posts).
(5) Bright designs inconsistent with the color scheme of the principal home.
(6) Internally lighted or back -lit mailboxes.
(Ord. No. 00 -1, § 63, 3- 10 -00)
Secs. 70- 270-70 -295. Reserved.
ARTICLE IX. APPENDIX
Sec. 70 -296. Glossary of architectural terms.
While many of these terms do not appear in this manual they may appear on architectural drawings and
are included to facilitate a better understanding of building design.
Arch shall mean a structural element shaped in an arc or curve.
Balcony shall mean a platform extending from the facade of a building.
Barrel the shall mean semi - cylindrical tile used for roofing; i.e., Mediterranean Revival.
Bay window shall mean a window projecting outward from the main wall of a building.
Board and batten shall mean vertical siding composed of wide boards that do not overlap and narrow
strips, or battens, nailed over the spaces between the boards.
Bond shall mean the general method of overlapping the joints of successive courses of bricks or stones,
thereby binding them together to form a wall or other surface. Different patterns may be formed by these
joints (e.g., common bond, Flemish bond, English bond, herringbone bond).
Casement window shall mean a window with hinges to the side and a vertical opening either on the side
or in the center.
Clapboard shall mean siding material or horizontal wooden strips, often applied with the thicker edge
overlapping the clapboard below.
Supp. No. 1 CD70:86
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THANK YOU & GOOD MORNING YOUR HONOR
NAME
FOR THIS HEARING I HAVE AN
1. OPENING STATEMENT
2. PRESENTATION OF A FEW EXHIBITS
3. A WITNESS TO BE HEARD
4. AND PERHAPS A CONCLUDING COMMENT.
OPENING:
The Town contends that a violation of its code has occurred by the recent installation of a
mailbox, which has attached to it a replica of the football helmet. Reading from the Code
Section 70 -269 (C) (2) Prohibited: Decorative or other non - functional attachments to a box,
whether or not approved by the U.S. Postal Service.
The Town further contends that this violation occurred with intent to do so.
The Town acknowledges that throughout this neighborhood several mailboxes have
attachments to them but that these mailboxes with attachments are "grandfathered" as they
occurred prior to the effective date of the specific code and are of a permanent nature.
The Town seeks remedy to this violation and in doing so is ready present the exhibits and it's
witness. /
PRESENTATION OF EXHIBITS ✓
WITNESS:
Mr. McDonald would please state your full and state your address for the record?
Mr. McDonald have you seen the mailbox and attachments located at 2564 Ave AuSoleil?
Would tell us when you first noticed this mailbox and attachments?
Would tell us what occurred on that day?
Did you have any conversations with either Mr. Martinez or Ms. Cheryl Taylor?
Could tell us what they were?
CONCLUDING:
On October 16... Mr. Martinez was given information about the violation and told one of his
neighbors, Mr. McDonald that he was going to install it regardless.
The Town presented a notice of violation on Oct. 31 and a Statement of Violation and Notice of
Hearing on Nov. 19a'. During this time I have spoken to Mr. Martinez by phone and in person
attempting to bring about a resolution. We are here today because that did not occur.
RETURN RECEIPT
Article Adressed to:
Julio M. yartinez & Cher
2564 Ave. Au Soleil, 1
see
®%I.���M
Article Number
131
1 Taylor
- f',treamr FL
Date of Delivery
r# 3
io�LS� °3
.sL u �� ��
CODE VIOLATION HEARING BEING HELD BY THE SPECIAL MASTER OF THE TOWN
OF GULF STREAM ON THURSDAY, DECEMBER 4, 2003 AT 10:00 A.M. IN THE
COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order.
II. Case No. CE 5 -03; Julio M. Martinez
2564 Avenue Au Soleil; Installation
violation of Sec. 70- 269(c)(2)
III. Adjournment.
& Cheryl Taylor,
of a mailbox in
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
OF GULF STREAM SPECIAL MASTER WITH RESPECT TO ANY MATTER CONSIDERED AT
THIS 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. F.S.S. 286.0105
Palm Beach County Property Appraiser Property Search System
Page 1 of 2
Gary R. Nikolits, CFA
�Palm Beach County Appraiser
Public Access System
Home
Search Property Information
Search Re ult Location Address: 2564 AVENUE AU SOLEIL
Property In ormation Municipality: CITY OF GULFSTREAM
Owner Info mationParcel Control Number: 20- 43- 46- 04 -22- 000 -0400
Structural Wetail Subdivision: PLACE AU SOLIEL
Extra Feat res Official Records Book: 15899 Page: 411 Sale Date: Aug -2003
Land Detail Legal Description: PLACE AU SOLEIL LT 40
Tax Detail
. ...............
Print Inforargmer Information
I Name: MARTINEZ JULIO M &
Property Appraiser Mailing Address: 2564 AVENUE AU SOLEIL
H me GULFSTREAM FL 33483 All 0v nncrs..
vroposeo Appraisal
Sales Date
Improvement Value:
$269,310
Number of Units:
2
structural...
Land Value:
$85,000
Total Sq. Ft:
4786
Extra...
Market Value:
$354,310
Acres:
.00
Apr -1992
Use Code:
0100
Description:
SINGLE FAMILY
Nov -1989
.cvuj rrupuseu idx
Ad Valorem: $5,667.09
Non ad valorem: $157.00
Total: $5,824.09 Detail...
-cuvo rrupuseu mbtiesseu a 1dxauie Values
Assessed Value: $314,766.00
Exemption amount: $25,000 (2003 Exemption)
Taxable: $289,766.00
-cuuo �ncmpuunts)
Homestead Receipt#: 0000000 Exemption Address:
Regular Homestead: $25,000
TOTAL: $25,000 Detail...
Sales Information
Sales Date
Book
Page
Price
Instrument Owner
Aug -2003
15899
411
555000
WD MARTINEZ JULIO M &
Apr -1999
11083
0686
350000
WD FRENCH MORTON R III
Apr -1992
07227
1780
435000
WD
Nov -1989
06272
0539
362500
WD
Feb -1988
05572
1817
245000
WD
Jun -1987
05323
0172
120000
CT
Nov -1983
04094
1235
280000
WD
http: / /www.pbcgov. com/ papa / main /detail_info.asp ?p_entity- 20434604220000400 11/17/2003
Palm Beach County Property Appraiser Property Search System Page 1 of 1
M �
Owner Detail
Owners
MARTINEZ JULIO M &
TAYLOR CHERYL
Close
Print Information
htlp: / /www.pbcgov.com/ papa /main/Owner_Info.asp ?entity_id= 20434604220000400 &co... 11/17/2003
Bill Thrasher
Town Manager
Town of Gulfstream
100 Sea Road
Gulfstream, Florida 33483
(561) 276 -5116
Dear Mr. Thrasher,
Julio Martinez
2564 Avenue Au Soleil
Gulfstream, Florida 33483
(561) 279-2795 R E C E I VED
2 0 2003
Town of Gulf Stream, FL
November 20, 2003
Per the notice we received from you dated November 18, 2003, regarding our mailbox
not being in standard form to the Town of Gulfstream, we would like to bring notice that
the mailbox was purchased after every reasonable step making sure that it would meet the
codes of Gulfstream. These steps include the following:
1. asked two different postmen
2. asked two different policemen
3. asked the clerk at the town hall
4. read the Declaration of Protective Covenants manual that I received in my new
homeowners gift basket
5. inquired to many neighbors nearby
6. walked through the entire neighborhood to see the mailbox unity, if any (none)
7. then purchased the mailbox and installed it.
After installing the mailbox, the top was not secure so it was removed temporarily for I
day and the put back on securely. During this time that the top was removed, a neighbor
mentioned to me that the mailbox may not meet the correct guidelines. This was
confirmed to me with your notice. At this time, we are not able to return our mailbox,
which was purchased online. Even though we took all these reasonable steps before we
purchased the mailbox you insist that we remove this at our own expense. This is of
great concern to us because there are a great percentage of mailboxes in this town that do
not meet the criteria. After reviewing the entire neighborhood thoroughly, taking
pictures and video taping every mailbox, over 25 % of the mailboxes do not meet these
criteria. You mentioned that these are grandfathered in with no time table for removal.
We would like to propose the same exception for our mailbox to this rule as these others
that is grandfathered in. As per your explanation that you can not provide in writing any
mailboxes not meeting the guidelines will be left in place until removal where they must
meet the guidelines.
In addition, the Gulfstream Code with section 70 -269 was not given to us upon moving
in nor was it given to us before the time of installation. We were given this after
installation and after reviewing it, there is no clear description of a unified mailbox in
this development.
Please take into consideration all prior attempts of acceptability before purchasing this
mailbox. Your prompt attention to this matter is greatly appreciated. Thank you in
advance.
Sincerely,
Cc: William F. Koch, Jr., Mayor of the Town of Gulfstream,
Joan K. Orthwein, Vice Mayor,
Fred B. Devitt III,
Robert W. Hopkins,
William A. Lynch
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED B. DEVITT III
ROBERT W. HOPKINS II
WILLIAM A. LYNCH
November 20, 2003
Mr. Julio Martinez
Ms. Cheryl Taylor
2564 Avenue Au Soleil
Gulf Stream, Florida 33483
Re: Dolphin Mailbox
Dear Mr. Martinez and Ms. Taylor:
HAND DELIVERY
Telephone
(561) 276 -5116
Fax
(561) 737 -0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
I am in receipt of your letter dated November 20, 2003 in which you appear to be asking
that I reconsider a violation notice about your Dolphin mailbox. This is not possible but
the various comments you have made in the letter can be presented at the hearing.
Sincerely,
W&A.c Gl-),
William H. Thrasher
Town Manager
100 Sea, ROAD, GULF STREAM, FLORIDA 33483
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Dec 03 03 12:10p Ned McDonald 561- 278 -6070 p.2
OCT -19 -1999 1042 TOWN OF GULF STREAM P,02
y
7t-,!so GULF STREAM CODt
Lawn jockeys visible from the street
Objects d'art visible from the street
Statuary visible from the street
See. 70 -269. Mailboxes.
(a) Preferred.
(1) Standard, manufactured curbside box approved by the U.S. Postai Service.
(2) Four -inch by four -inch wood posts or two -inch diameter standard steel or aluminum posts, buried
no more than 24 inches in the -round.
(3) Boxes mounted such that the bottom is no more than 3112 to four feet above the ground.
(4) Boxes and posts painted black or white with address number.
(5) Unfinished metal.
(b) Discouraged.
(1) Non - standard or custom designed boxes approved by the U.S. Poalal Service.
(2) Posts constructed of material other than solid wood or standard nietal pipe.
(c) Prohibited.
(1) Boxes not approved by the U.S-
(2) Decorative or other non - function
Service.
(3) Square posts greater than four
diameter.
(4) Fosta that, when struck, could
posts) -
Sces. 70- 270 - 70•295. Reserved-
Sec. 70 -296. Glossary of architeetz
While many of these terms do not at
are included to facilitate a better and
Arch shall mean a structural eleme
Balcony shall mean a platform exU
Barrel the shall mean semi- cylindr
Bay window shall mean a window
Board and batten shall mean verb
strips, or battens, nailed over the spa
Bond shall mean the general meth
thereby binding them together to fon
joints (e.g., common bond, Flemish b
Casement window shall mean a wi
or in the center_
Clapboard shall moan siding mat
overlapping the clapboard below.
cree
Ms. Rita L. Taylor
5000 N Ocean 81vd # F10
Boynton Beach FL 33435 -7341
)
Al I k4m u9trl
Member of The Humane Society of the United States
P.02
Z002
L -J
ueo ua ua ie:iup nea ncuonata eel- e- /e -euvu p.e
OCT -19 -1999 16:42 TOWN OF GULF STREAM P.02
GULF STREAM CODP
Lawn jockeys visible from the street
Objects d'art visible from the street
Statuary visible from the street
See. 70 -268. Mailboxes.
(a) Preferred.
(1) Standard, manufactured curbside box approved by the U.S. Postal Service.
(2) Four -inch by four-inch wood posts or two -inch diameter standard steel or aluminum posts, buried
no more than 24 inches in the ground.
(3) Boxes mounted such that the bottom is no more than 3V2 to four feet above the ground.
(4) Boxes and posts painted black or white with address number.
(5) Unfinished metal.
(b) Discouraged.
(1) Non - standard or custom designed boxes approved by the U.S. Postal Service.
(2) Posts constructed of material other then solid wood cr standard metal pipe.
(c) Prohibited.
(1) Boxes not approved by the U.S. Postal Service.
(2) Decorative or other non - functional attachments to a box, whether ornot approved by the U.S. Postal
Service.
(3) Square posts greater than four inches by four inches and round posts greater than four inches in
diameter.
(d) Posts that, when struck, could damage vehicles and cause injuries (e.g. concrete or heavy metal
posts).
Secs. 70 -270 -- 70395. Reserved.
ARTICLE Di. APPENDIX
Sec. 70 -296. Glossary of architectural terms.
While many of these terms do not appear in this manual they may appear on architectural drawings and
are included to facilitate a better understanding of building design.
Arch shall mean a structural element shaped in an arc or curve.
Balcony shall mean a platform extending from the facade of a building.'
Barrel rde shall mean. semi - cylindrical file used for roofing; i.e., Mediterranean Revival.
Bay window shall mean a window projecting outward from the main viall of a building.
Board and batten shall mean vertical siding composed of wide hoards that do not overlap and narrow
strips, or battens, nailed over the spaces between the boards.
Bond shall mean the general method of overlapping the joints of successive courses of bricks or stones,
thereby binding them together to form a wall or other surface. Different patterns may be formed by these
joints (e.g., common bond, Flemish bond, English bond, herringbone bond).
Casement window shall mean a window with hinges to the side and a vaRical opening either on the side
or in the center.
Clapboard shall mean siding material or horizontal wooden strips, nftein applied with the thicker edge I I +I
overlapping the clapboard below.
CD 70:86
TOTAL P.02
10 /19 /99 TGE 16:42 lTX /RX NO 66031 R1002
JONES
FOSTER
JOHNSTON
STUBBS, P.A.
Attorneys and Counselors
John C. Randolph, Esquire
Direct Dial: 561 - 650 -0458
Direct Fax: 561 - 650 -0435
E -Mail: jandolph @Jones- foster.com
May 8, 2003
Mr. William H. Thrasher
Town Manager
Town of Gulf Stream
100 Sea Road
Gulf Stream, Florida 33483
Re: Town of Gulf Stream
Our File No. 13147.1
Dear Bill:
Flagler Center Tower, Suite 1100
505 South Flueler Drive
West Palm Beach, Florida 33401
Telephone(561)659 -3000
Mailing Address
Post Office Box 3475
West Palm Beach, Florida 33402 -3.175
VIA FAX: 737 -0188
This is a follow up to our discussions in regard to the matter of grandfathering as it
relates to the various regulations which are now being considered by ARPB.
As I advised you in our telephone conversation and as we have discussed in the past,
the idea of grandfathering in zoning parlance is intended to allow uses or structures
which become nonconforming as a result of a newly adopted regulation to continue to
exist and to be maintained (although they cannot be expanded or enlarged). This
concept normally applies only to structures or uses of a permanent nature. Therefore,
as a matter of practice, if the Town were to pass a regulation prohibiting the parking of
recreational vehicles on properties within the Town, the concept of grandfathering would
not necessarily grandfather in someone's right, who had previously parked a
recreational vehicle on their property, to continue to do so subsequent to the adoption of
the new regulation. The same concept would apply to hedges, which can easily come
into compliance by cutting, in the event the Town were to adopt a regulation decreasing
the allowed height of hedges.
Having said this, the policymakers who adopt the new regulation can specifically
address the matter of grandfathering in other ways than as described above. In other
words, in the event the policymakers wish to make a determination that (in the
examples referenced above) recreational vehicles previously parked on properties or
hedges in excess of a certain height may be grandfathered and remain, that is
something within the purview of the policymakers. Additionally, the policymakers, if they
wish, can establish an amortization schedule in order for persons to comply with certain
regulations. In other words, if they feel it is unfair to require someone to comply
�,..: www.jones foster.com
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161
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RETURN RECEIPT
Article Addressed to:
Julio Martinez & Cheryl Taylor
2564 Ave. Au Soleil, Gulf Stream
Signatu (a ressee)
or
Signature of Agent
Article Number
132
Date of Delivery
lY12v1o3 -7F �S PM