HomeMy Public PortalAbout10/14/2014 * Case #CE-4-14 * SwiftTOWN OF GULF STREAM
CODE ENFORCEMENT
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
CASE NO. 4 -14
LOCATION OF VIOLATION:
Constance J. Swift
2562 Avenue Au Soleil
Gulf Stream, Florida 33483
10 -14 -14
I William H. Thrasher have personally examined the property described above and
(Town Official /Inspector) 70- 105(3) &
Find that said property is (NOT NO n compliance with Section(s) 70 -74 of the
Code of the Town of Gulf Stream as of the 13th day of October —920 14
Affiant
STATE OF FLORIDA
COUNTY OF PALM BEACH
The foregoing instrument was acknowledged before me this 14th day of
C c 3er , 20 14_ by William H. Thrasher Town Official/Inspector,
who is personally known to me or who has produced a Florida driver's license as
identification who M /did not take an oath.
(SEAL)
Notary Puunc Stare of Florida
My Comm Expires Mar 10, 2018
Conunissvon N FF 099915
NOTARY PUBLIC
State of Florida
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
5COTT MORGAN, Mayor
ROBERT W. GANGER, Vice -Mayor
JOAN R. ORTHWEIN
THOMAS M. STANLEY
DONNA S. WHITE
October 15, 2014
Constance J. Swift
2562 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Ms. Swift:
Telephone
(561)276 -5116
Fax
(561)737.01BB
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
Please find enclosed a copy of the Special Magistrate Order
related to your Case No. 4 -14 that was heard on October 1, 2014.
We have also enclosed the Town of Gulf Stream Code Enforcement
AFFIDAVIT OF COMPLIANCE which confirms that you have complied
with the order of the Special Magistrate.
If you have any questions, please call. Thank you for your
prompt compliance.
Very truly yours,
2 e:w Irk—
Rita L. Taylor
Town Clerk
100 SEA ROAD, GULF STREAM, FLORIDA 33483
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TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
SCOTT W. MORGAN, Mayor
ROBERT W, GANGER, Vice -Mayor
JOAN K. ORTHWEIN
THOMAS M. STANLEY
DONNA S. WHITE
October 23, 2014
Quinn Miklos
2562 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mr. Miklos:
Telephone
(561)276 -5116
Fax
(561)737 -0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
Please find enclosed the 3 pictures of the shed at 2562 Avenue
ALL Soleil and the Certificate of Occupancy /Certificate of
Completion dated September 4, 2013, all of which you requested.
Mr. Thrasher asked that I mail them to you.
Very truly yours,
IZI�4:
Rita L. Taylor
Town Clerk
100 SEA ROAD, GULF STREAM, FLORIDA 33483
ORDER
TOWN OF GULF STREAM
SPECIAL MAGISTRATE ORDER
CASE NO. 4-14
PROPERTY OWNER: CONSTANCE J. SWIFT
2562 AVENUE AU SOLEIL
GULF STREAM, FL
THIS MATTER came before the Special Magistrate for a hearing held at Town
Hall on October 1, 2014, at 2:00 p.m. The undersigned serves as Special Magistrate for
Code Enforcement matters.
FINDINGS OF FACT
1. The Statement of Violation and Notice of Hearing and the subsequent Notice
of Hearing for the postponed hearing date of October 1, 2014, were properly
served.
2. The Town Attorney and staff were present. The Property Owner, her attorney
and witnesses were present.
3. The Property Owner and Town did not have any objections to the service of
the Statement of Violation and Notice of Hearing and subsequent Notice of
Hearing for the October 1, 2014, hearing at 2 p.m.
4. The Town and the Property Owner had ample opportunity to present their case
and defense through the questioning and cross examination of witnesses and
the presentation of documents. The hearing lasted for four hours.
5. The Town charged the Property Owner with:
(a) failure to comply with a Condition of Approval that was included in
the Town's approval for an Addition built on the property. The
condition required that the Property Owner remove the shed that is the
subject matter of this hearing prior to obtaining a Certificate of
Occupancy for the Addition.
(b) The Town alleged the shed violated a Rear -Yard setback, required by
the Zoning Code.
(c) The Town alleged the shed was a "metal" shed, which is prohibited by
the Town's Zoning Code.
6. The Town established that the Condition of Approval to remove the shed was
proposed by Town staff, adopted by the Architectural Review Committee, and
included as a Condition of Approval by the Town Council for the project's
approval.
The Property Owner proceeded to build the addition and did not remove the
shed. The Property Owner was cited under the Zoning code for failure to
remove the shed and was denied a Certificate of Occupancy on the Addition
project.
8. It was undisputed by the Property Owner that the shed was located
approximately 1/3 on her property and 2/3 on the neighboring property. The
Property Owner did not provide any evidence that she had the permission of the
abutting property owner to encroach onto their property. The Property Owner
did not contest that approximately 2/3 of the property that the shed rests on is
not owned by them. The shed also encroaches into an FPL casement. The
Property Owner provided no evidence that she had the right to put a shed in an
FPL easement.
9. With respect to the alleged violation of the Rear -Yard Setback, the Property
Owner offered testimony from her husband, an architect, that under his
interpretation of the Town Code, the shed sits on a Side -Yard line. Even though
it would clearly be a violation of the Side -Yard setback, he argued, the Town
cited the Property Owner under the wrong set back provision (rear -yard instead
of side yard).
10. The Town Manager testified that he worked at the Town for approximately 15
years and his interpretation is that the lot line in question is the Rear- Yard line.
My reading of the Code is consistent with the Town Manager. Towns have the
discretion to make interpretation of their Land Development Codes as long as
they are reasonable and consistent with the Code language. The interpretation
of the Town Manager is both reasonable and supported by the Code.
11. The Property Owner offered testimony that there was another shed on the
property and that is was demolished sometime before 2004 without permit, and
when they built the new shed the Town Manager had suggested its location.
The Town manager denied he suggested the location. The Property Owner
suggested that a prior addition to their house showed the location of the shed
and the Town did not require the shed to be removed at that time. The Town
Manager testified he must have overlooked it at that time, but should have
required it to be removed then.
12. The Property Owner thought they had a permit for the shed but could not
produce it. They further stated they would "have had to have one, because it
was required." They had asked the Town for a copy of the permit. The Town
Manager indicated he could not find such a permit. The Property Owner
attributed the Town's lack of producing a permit to the Town's destroying of
old records in accordance with State law.
13. It stands to reason and is common sense that the Town would not issue a permit
to build a structure on property the applicant does not own, inside an FPL
easement. If such a permit was issued it would be void as clearly outside of the
power of Town staff. Therefore, I conclude that there is no valid permit for the
shed.
14. With respect to the violation alleging a Metal Shed in violation of Town Zoning
Code, the Property Owner suggests:
a) there is no definition of Metal Shed in the Town Code, therefore, we
should look to the Florida Building Code;
b) because the internal structure is wood -stud construction, it should not be
considered a wood shed.
15. The rule when interpreting an undefined term in a Code is to attribute the
common understanding of the terms used.
16. The Common understanding of the term "Metal Shed" is not found by looking
at the technical requirements of the Florida Building Code.
17. The Common understanding of a "Metal Shed" is one whose outside walls are
metal. This is also the definition adopted by Town administration in their
implementation of the Code. This is reasonable considering the language of the
Code.
The Town produced a picture of the shed that showed what appears to be a
metal surface on the sides of the shed. The Property Owner's witness refused to
testify that the outside walls were not metal; he offered an explanation that it
could be a metal composite or perhaps also contained fiberglass.
18. The Property Owner also suggested that promissory estoppel, selective
enforcement and constitutional issues might apply, all of which are outside of
my jurisdiction and are not addressed here.
W�
NOW, THEREFORE, it is adjudged that:
The Town presented competent substantial evidence satisfying the Town's burden of
proof that established:
A. The Property Owner violated the requirement to remove the shed, which was a
valid and binding part of the development order to construct the addition.
B. The Property Owner violated the rear setback requirements of the Town Code and
placed the shed on and over the property line onto someone else's property.
C. The Property Owner's shed violated the Town Code provision prohibiting "Metal
Sheds ".
IT IS HEREBY ORDERED THAT the Property Owner shall correct the foregoing
violations within sixty (60) days. If the violations are not corrected in 60 days, a fine is
hereby assessed of $100 per day for each day the violations continue thereafter.
I RESERVE RULING on the imposition of Administrative Costs.
NOTE: It is the responsibility of the Property Owner to contact the Town when they
believe compliance has been achieved to request a re- inspection.
DONE AND ORDERED this 7 ''day of Octgbdri, 2014.
ary- Biandenburg, Special_ a istrate
COMMISSIONERS
SCOTT W. MORGAN, Mayor
ROBERT W. GANGER, Vice -Mayor
JOAN K. ORTH WEIN
THOMAS M. STANLEY
DONNA S. WHITE
October 29, 2014
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Gary M. Brandenburg, esq.
Brandenburg & Associates PA
11891 US Highway 1
Suite 100
North Palm Beach, Florida 33408 -2864
Dear Counselor:
Telephone
(561)276.5116
Fax
(561)737.0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L. TAYLOR
This is to advise that Ms. Swift has complied with your order
delivered on October 1, 2014 and has completely removed the
shed in question from her property.
I have enclosed a copy of the Affidavit of Compliance we have
sent to her.
Thank you for agreeing to continue to serve as our Special
Magistrate.
Very truly yours,
)
Rita L. Taylor
Town Clerk
Encl.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
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August 27, 2014
CODE ENFORCEMENT HEARING RESCHEDULED
CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL
MAGISTRATE OF THE TOWN OF GULF STREAM ON WEDNESDAY, OCTOBER 1, 2014 AT
2:00 P.M. IN THE COMMISSION CHAMBRS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
AGENDA
I. Call to Order.
II. Case No. 4 -14: Constance J. Swift, 2562 Avenue Au Soleil:
Failure to remove an existing shed at this address, said
removal being a condition of approval of a large addition to
the dwelling. Location of shed in violation of Sec. 70 -74
and Sec. 70- 105(3) prohibits metal storage sheds.
III. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
OF GULF STREAM CODE ENFORCEMENT SPECIAL MAGISTRATE. WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, 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
r*ROPERlY OTWm EXHIBITS PRESENTED AT HEARING
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CERTIFICATE OF OCCUPANCY
Code Edition: Palm Beach County Building Division
2004 FBC, Building Planning, Zoning & Building Department
2300 N. Jog Road, West Palm Beach, FL 33411
www.pbcgov.com /pzb /building
(561) 233 —510D
This is to certify that the Residential Structure Built Under Permit #: B•2008.002623.0000 (B08004266)
Described as: Addition -Residential
ADDITION & ALTERATION LEVEL 11
Building Code Occupancy Load:
(Other Agency Regulations May Establish More Stringent Limitations on Occupancy)
NOTE: BUILDING PLANS SHOWING THE NATURE OF THE OCCUPANCY PERMITTED, THE NUMBER
OF PERSONS FOR EACH AREA WHEN LIMITED BY LAW AND ALLOWABLE FLOOR LOADS AT THE
TIME OF CONSTRUCTION ARE AVAILABLE FOR REVIEW FROM PALM BEACH COUNTY FILES.
CERTIFICATE OF OCCUPANCY (CO)
Owner: Swift, Constance
2562 Avenue Au Soleil
Gulfstream, FL 33483
Company /Contractor: River Birch Homes Inc
Location: 2562 Avenue Au Soleil
BaylSuite:
In Subdivision: 07000 -020 Place Au Soleil
PCN # 20.43- 46- 04 -22- 000 -0420, Units 0, was Inspected and at the time of issuance of this certificate,
was found to the best of my knowledge, to conform to the code requirements of the county of Palm
Beach and/or was certified by Florida Registered architect or engineer that it meets the requirements
of said codes, and is approved for utility services, as Intended by the permit.
11/30/2009
DATE
REBECCA D. CALDWELL
BUILDING OFFICIAL
Kevin E Bell
INSPECTOR
examine watermark for valldlty
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Quinn Miklos
rom: Quinn Miklos <quinn @miklosarchitecture.com> ` S 1 Qto
Sent: Friday, May 30, 2014 6:15 PM
To: Bill Thrasher
Cc: John C. Randolph
Subject: Fwd: Gulfstream - Miklos
Attachments: image002jpg; Untitled attachment 00041.htm; 1JH7818- statement violation notice
hearing swift miklos.PDF; Untitled attachment 00044.htm
Dear Mr Thrasher,
Please see the communication below, between myself and the City's Attorney Mr. Randolph. He has agreed
with our position that the 'grandfather' clause does not exist in the Gulfstream LDR. In the words of Mr
Randolph, he views the'shed' as a code enforcement issue and not a condition of approval issue. Therefore,
your failure to release our certificate of completion for my Residence is unjustified and illegal. The 'shed' issue
will be litigated over the course of time and there is no standing order of violation in affect. There is no
reasonable excuse for your inaction. Obviously, the certificate of completion should be issued. We would
appreciate your immediate attention to this woefully overdue item. We expect a valid issuance of the certificate
of completion in five days.
Thank you
Sent from my iPhone
Begin forwarded message:
From: "Randolph, John C." <JRandoloh(ce jonesfoster.com>
Date: May 30, 2014 at 3:01:29 PM CDT
To: "quinn u, miklosarchitecture.com" <quinngmiklosarchitecture.com>
Cc: "'Bill Thrasher' (bthrasherggulf- stream.org)" <bthrashernaulf- stream.org>
Subject: RE: Gulfstream - Miklos
Dear Mr. Miklos,
In response to this email, please be advised as follows.
You indicate that your inquiry remains unanswered in regard to the specific section of the code
for which a violation is being cited and indicate that code citation has not been provided to
you. Please find attached a copy of the Statement of Violation and Notice of Hearing previously
forwarded, dated 2/18/14, which cites Section 70 -74 of the Code and Section 70 -105 (3). This
citation includes the incident report, as well as copies of the code and the Architectural Review
and Planning report. This is all of the information on which the Town relies and is quite specific
in regard to advising you of the code citations in issue. You further make an inquiry in regard to
the "grandfather" clause. Mr. thrasher answered your question when he cited Section 1 -8 of the
Code.
You also sent me an email on May 21, 2014, in which you advise you cannot find any reference
to the word grandfathered or ungrandfathered in the LDR. To my knowledge, there is no such
reference.
I trust this answers all of your outstanding questions.
JOHN C. RANDOLPH
CHAPTER 23
WOOD
SECTION 2301
GENERAL
2301.1 Scope. The provisions of this chapter shall govern the
materials, design, construction and quality of wood members
and their fasteners.
Exception: Buildings and structures located within the
high - velocity hurricane zone shall comply with the provi-
sions of Sections 2314 through 2330.
2301.2 General design requirements. The design of struc-
tural elements or systems, constructed partially or wholly of
wood or wood -based products, shall be in accordance with one
of the following methods:
1. Allowable stress design in accordance with Sections
2304, 2305 and 2306.
2. Load and resistance factor design in accordance with
Sections 2304, 2305 and 2307.
3. Conventional light -frame construction in accordance
with Sections 2304 and 2308.
C Exception: Buildings designed in accordance with
the provisions of the AF&PA WFCM shall be deemed
to meet the requirements of the provisions of Section
2308.
4. The design and construction of log structures shall be in
accordance with the provisions of ICC 400.
2301.3 Nominal sizes. For the purposes of this chapter, where
dimensions of lumber are specified, they shall be deemed to be
nominal dimensions unless specifically designated as actual
dimensions (see Section 2304.2).
SECTION 2302
DEFINITIONS
2302.1 Definitions. The following words and terms shall, for
thepurposes of this chapter, have the meanings shown herein.
ACCREDITATION BODY. An approved, third -party organi-
zation that is independent of the grading and inspection agen-
cies, and the lumber mills, and that initially accredits and
subsequently monitors, on a continuing basis, the competency
and performance of a grading or inspection agency related to
carrying out specific tasks.
BRACED WALL LINE. A series of braced wall panels in a
single story that meets the requirements of Section 2308.3.
BRACED WALL PANEL. A section of wall braced in accor-
dance with Section 2308.9.3.
COLLECTOR. A horizontal diaphragm element parallel and
in line with the applied force that collects and transfers dia-
phragm shear forces . to the vertical elements of the lat-
eral- force - resisting system and(or distributes forces within the
diaphragm.
�RrnE �nST�,ucT)oh
r:EF1N1 -i /Ohl
CONVENTIONAL LIGHT -FRAME CONSTRUCTION.
A type of construction whose primary structural elements are
formed by a system of repetitive wood - framing members. See
Section 2308 for conventional light frame. construction provi-
sions.
CRIPPLE WALL. A framed stud wall extending from the top
of the foundation to the underside of floor framing for the low-
est occupied floor level.
DIAPHRAGM, UNBLOCKED. A diaphragm that has edge
nailing at supporting members only. Blocking between sup-
porting structural members at panel edges is not included. Dia-
phragm panels are field nailed to supporting members.
DRAG STRUT. See "Collector."
FIBERBOARD. A fibrous, homogeneous panel made from
lignocellulosic fibers (usually wood or cane) and having a den-
sity of less than 31 pounds per cubic foot (pcf) (497 kg/m3) but
more than l0 pcf (160 kg/m').
GLUED BUILT -UP MEMBER. A structural element, the
section of which is composed of built -up lumber, wood struc-
tural panels or wood structural panels in combination with lum-
ber, all parts bonded together with structural adhesives.
GRADE (LUMBER). The classification of lumber in regard
to strength and utility in accordance with American Softwood
Lumber Standard DOC PS 20 and the grading rules of an
approved lumber rules -writing agency.
HARDBOARD. A fibrous - felted, homogeneous panel made
from lignocellulosic fibers consolidated under heat and pres-
sure in a hot press to a density not less than 31 pcf (497 kg/m').
NAILING, BOUNDARY. A special nailing pattern required
by design at the boundaries of diaphragms.
NAILING, EDGE. A special nailing pattern required by
design at the edges of each panel within the assembly of a dia-
phragm or shear wall.
NAILING, FIELD. Nailing required between the sheathing
panels and framing members at locations other than boundary
nailing and edge nailing.
NATURALLY DURABLE WOOD. The heartwood of the
following species with the exception that an occasional piece
with corner sapwood is permitted if 90 percent or more of the
width of each side on which it occurs is heartwood.
Decay resistant. Redwood, cedar, black locust and black
walnut.
Termite resistant. Redwood, Alaska yellow - cedar, Eastern
red cedar and both heartwood and all sapwood of Western
red cedar.
NOMINAL SIZE (LUMBER). The commercial size desig-
nation of width and depth, in standard sawn lumber and
glued - laminated lumber grades; somewhat larger than the stan-
dard net size of dressed lumber, in accordance with DOC PS 20
2010 FLORIDA BUILDING CODE- BUILDING 23.1
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TagN "S EXHIBITS PRESENTED AT THE HEARING
Town of Gulf Stream Article #195
100 Sea Road
Gulf Stream, FL 33483
Building Planning and
Zoning Department Ph. (561) 276 -5116
(561)737 -5188
CODE ENFORCEMENT SPECIAL MAGISTRATE Fax
TOWN OF GULF STREAM, FLORIDA
CASENO: CE 4-14
9 -2 -14
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
1. Location/Address where violation(s) exist(s): 2562 Avenue Au Soleil, Gulf Stream,
2. Legal Description: Lots 42 & 43 Place Au Soleil Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s) :Constance J. Swift
2562 Avenue Au Soleil, Gulf Stream, FL 33483
Removal of an existing shed was a
4. Violation of Town Code Section(s) and description(s):condition attached to the approval
of a large addition to an existing residence. e e is in vio tion of Sec.
70 -74 that requires accessory structures to be placed 15' inside the rear
an - eds.
There is no record in the file that the shed was ever originally permitted. The
aidition was cow leteu and the s retused to issue a certiticate of Comple-
tion as the shed has not been removed as was the condition that was placed at
—tile t:ille = approves of tile- addit }en to the dlo lling
(SEE ATTACHED "EXHIBITS OF VIOLATION')
5. Date of First Inspection: 9 -4 -13
6. Date owner first notified of violation(s):
11 -7 -13
Date on/by, which violations are to be corrected: September 24, 2014
* * * * * * * * * * * * * * * * * * * * * * * * ** *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 HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on October 1, 201At 2 P.M. or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE 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 Magistrate may base his /her findings
solely upon presentation by the Town Code Inspector
William H. Thrasher, Town Manager I
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
September 26, 2014, 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 RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATION(S)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate 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, he /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 Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. 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 Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance 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 MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate 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 to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
1
� rte
By' L. Taylor, Town CI #k
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
Qouc�F°'I'
FLA.
Page 1 of I
Incident Type:
Location of Incident:
Type of Premises:
Time of Call:
Time of Arrival:
Time Completed:
Officer Injured:
Date /Time Reported:
Occurred From:
Domestic:
Juvenile Involved:
Reporting Officer:
Name:
Home Address:
Gulf Stream Police Department
246 Sea Road
Gulf Stream, FL 33483
Phone: (561) 278 -8611 Fax: (561) 276 -2528
Complaint Number: 14 -1628
NON CRIMINAL OFFENSE REPORT
POLICE SERVICE
2562 AVE. AU SOLEIL
GULFSTREAM FL33483
RESIDENCE - SINGLE FAMILY
1230
1230
1245
NO
09/18/2014 12:45
NO
NO
INVESTIGATOR JOHN PASSEGGIATA
CONSTANCE SWIFT
2562 AVE AU SOLEIL
GULF STREAM FL 33483
Zone: 1
Processed By: INV. JOHN PASSEGGIATA
Officer Killed /Assaulted: NO
OTHER
INCIDENT SUMMARY
AT THE ABOVE DATE AND TIME 1 DELIVERED TOWN OF GULF STREAM ARTICLE NUMBER #IR750 MRS.
CONSTANCE SWIFT. MRS. SWIFT SIGNED THE RECEIPTATTACHED TO THIS REPORT. NO FURTHER
INFORMATION.
RECEIPT
Addressed To; Article #
Constance J. Swift
2562 Avenue Au Soleil
Calf Stream, FL 195
Signature dressee
Date Delivered
or
Agent Signature
-�' -.3 W
§ 70 -72
GULF STREAM CODE
d. For each one square foot of roof projection over the maximum permissible FAR, two square
feet of roof projection must be provided that are within the maximum permissible FAR, and
all shall remain forever unenclosed.
e. Prior to the issuance of a certificate of occupancy or certificate of completion, the owner of
the property shall prepare and record a deed restriction which, at a minimum, shall provide
that all roof projection areas required to remain unenclosed as per approval of this special
exception shall remain so for as long as the structure is in existence or exceeds the
maximum permissible FAR.
(Ord. No. 08 -5, § 2, 9 -5 -08)
Sec. 70 -73. Two -story structures.
(a) In order to limit the construction of bulkier homes with full second stories in districts with small
to medium lot sizes, the following restrictions shall be used:
(b) The use of architectural design features to provide variation among two -story single family homes
is required. One or more of the following features shall be incorporated within facades facing public or
private roadways on any new two -story, single family home in all zoning districts.
• Second -story setback (minimum five feet setback, in addition to ground level front setback)
• Front porch (minimum eight feet depth)
• Balcony (minimum 24 square feet)
• Arcade
The town commission may waive this requirement within subsection (b) if the applicant can demonstrate
that these features are inconsistent with the home's architectural style and that the desired visual
variation is provided through other measures.
(Ord. No. 00 -1, § 26, 3- 10 -00; Ord. No. 12 -4, § 11, 7- 13 -12)
Sec. 70 -74. Setbacks.
(a) Minimum building setbacks. The following table provides the minimum setback requirements for
principal and minor accessory structures. Those accessory structures not defined as "minor" shall meet
the same setbacks as principal structures.
CD70:32
z
Gulf Stream
I
Core
Ocean West
Beachtront
North /South
Place au Soleil
Maximum Sec-
.70 x first floor
.70 x first floor
.70 x first floor
.70 x first floor
.70 x first floor
and Floor Area
area
area
area
area
area
(b) The use of architectural design features to provide variation among two -story single family homes
is required. One or more of the following features shall be incorporated within facades facing public or
private roadways on any new two -story, single family home in all zoning districts.
• Second -story setback (minimum five feet setback, in addition to ground level front setback)
• Front porch (minimum eight feet depth)
• Balcony (minimum 24 square feet)
• Arcade
The town commission may waive this requirement within subsection (b) if the applicant can demonstrate
that these features are inconsistent with the home's architectural style and that the desired visual
variation is provided through other measures.
(Ord. No. 00 -1, § 26, 3- 10 -00; Ord. No. 12 -4, § 11, 7- 13 -12)
Sec. 70 -74. Setbacks.
(a) Minimum building setbacks. The following table provides the minimum setback requirements for
principal and minor accessory structures. Those accessory structures not defined as "minor" shall meet
the same setbacks as principal structures.
CD70:32
z
GULF STREAM DESIGN' UANUAL
70 -75
` CCCL refers to the Coastal Construction Control Line established in 1075.
Refer also to section 70- 75(j).
(b) Special setback requirements.
(1) Effective lot area. All setbacks shall be measured from the lot lines established under the effective
lot area definition.
(2) Driveways. A five -foot minimum setback is required except for the driveway apron.
(3) Patios and decks up to eight inches higher than highest abuttinggrade. The setback is a minimum
of three feet from all property lines.
(4) Walls and fences adjacent to streets. No setback is required provided the wall or fence is located
on the property (not on the right -of -way) and at least five feet from the edge of the pavement.
Walls and fences in the Ocean Nest District shall be a minimum of 12 feet from the AlA
right -of -way line. At street corners, a visibility triangle shall be provided for a minimum distance
of ten feet in both directions from the intersecting point of property lines. No wall or fence shall
be located in the visibility triangle.
(5) Walls and fences not adjacent to streets. No setback is required.
(Ord. No. 00 -1, §§ 26, 29, 30, 3- 10 -00)
Sec. 70 -75. Special exception setbacks.
(a) Mechanical equipment ore lots less than 20,000 square feet.
(1) Minimum setback. The minimum setback for side (interior) is ten feet.
(2) Specific standards fbr review.
a. Conforming locations for proposed equipment are impractical, significantly more expensive
or have a significant adverse impact on the site plan in terms of the overall site design or
relationships between site plan elements including, but not limited to, structures, patios,
driveways and landscaping.
CD70:33
Gulf Stream
Place an
Core
Ocean West
Beach front
NorthlSouth
Soleil
Front
Principal
30
30
25
30
30
Address
other than
Minor Ace.
25
30
25
25
25
AlA
Side
Principal
Total of both side setbacks shall be a minimum of 30% of the lot width;
Interior
however, no single side setback shall be less than 15 feet.
Minor Ace.
12
15
15
12
12
Street
Principal
20
30
20
20
20
Not front nor
Minor Ace.
17
25
17
17
17
AIA
Rear
Principal
20
20
25 /CCCL'
20
20
Interior/
Minor Ace.
15
15
15 /CCCL'
15
15
Beach
AlA
Principal
30
50
50
Regardless of
N/A
N/A
Minor Ace.
25
30
30
Water
Principal
50'°
30
30
30
Connected to
N/A
Minor Acc.
20
20
d
20
20
ICW
W
I
` CCCL refers to the Coastal Construction Control Line established in 1075.
Refer also to section 70- 75(j).
(b) Special setback requirements.
(1) Effective lot area. All setbacks shall be measured from the lot lines established under the effective
lot area definition.
(2) Driveways. A five -foot minimum setback is required except for the driveway apron.
(3) Patios and decks up to eight inches higher than highest abuttinggrade. The setback is a minimum
of three feet from all property lines.
(4) Walls and fences adjacent to streets. No setback is required provided the wall or fence is located
on the property (not on the right -of -way) and at least five feet from the edge of the pavement.
Walls and fences in the Ocean Nest District shall be a minimum of 12 feet from the AlA
right -of -way line. At street corners, a visibility triangle shall be provided for a minimum distance
of ten feet in both directions from the intersecting point of property lines. No wall or fence shall
be located in the visibility triangle.
(5) Walls and fences not adjacent to streets. No setback is required.
(Ord. No. 00 -1, §§ 26, 29, 30, 3- 10 -00)
Sec. 70 -75. Special exception setbacks.
(a) Mechanical equipment ore lots less than 20,000 square feet.
(1) Minimum setback. The minimum setback for side (interior) is ten feet.
(2) Specific standards fbr review.
a. Conforming locations for proposed equipment are impractical, significantly more expensive
or have a significant adverse impact on the site plan in terms of the overall site design or
relationships between site plan elements including, but not limited to, structures, patios,
driveways and landscaping.
CD70:33
(B)
GULF STREAM DESIGN MANUAL § 70 -105
Sec. 70 -105. Garages and accessory buildings.
Garages, storage sheds, decks, and other ancillary structures are elements which should be integrated
with the principal building. Garages, and ancillary structures can have a negative impact on neighbors.
An inconsiderately placed or poorly designed structure can visually and functionally negate an otherwise
attractive residential area.
(1) Preferred.
Garages and ancillary structures designed to respect the views from neighboring lots
Garages and ancillary structures integrated with the architectural style of the home
(2) Discouraged.
Screened enclosures visible from the street
(3) Prohibited.
All garages facing street on lots over 20,000 square feet not adequately screened or buffered from
roadways
E Carports
Garage doors that dominate the front elevation
Metal storage sheds
Three -stall or larger garages on any lot not adequately screened or buffered from roadways
Two story screen enclosures
Typical Gulf Stream - Bermuda style garage on small lot. Color, material, and
roof consistent with principal building (preferred) 1
CD70:59 h
TOWN OF GULF STREAM
I ARCHITECTURAL REVIEW AND PLANNING REPORT
Application #: 011 -12 Owner: Constance Swift
Address: 2562 Ave. Su Soleil Agent: Quinn Miklos
Proposed Improvement: Construct an attached 2,548 SF guest addition and a 3
car garage to an existing one - story, single family Gulf
Stream Bermuda dwelling.
Approvals Requested:
Level III Architectural /Site Plan: To permit construction of an attache guest
addition and a 3 car garage to the existing 7,409 SF,
one - story, single family Gulf Stream Bermuda
dwelling.
Gross Lot size:'39,984 SF (Unit) Effective Lot Area: 39,984 SF
Proposed Total Floor Area: SF
Zoning District: RS -P
Architectural Style: G/S Bermuda
Issues Considered During Review:
Article IV. Drainage Regulations
Allowable: 10,596.8 SF
Height: 20.0' (roof height <_ 20' Preferred)
Neighborhood: Mixed
Note: This application has not provided a drainage plan and the development size and scope
will require a new Health Department permit. Final approval from the Health Department may
require a revision to the site plan.
Section 70 -70 Floor area calculations
Section 70 -74 Setbacks
Section 70 -99 Roof design slope and materials
Section 70 -100 Roof and eave heights
Section 70 -239 Windows
Recommendation:
Motion to recommend approval Level III Architectural/ Site Plan based on a finding that the
proposed attached 2,548 SF guest addition, and a 3 car garage to the 7,348.5 SF, one -story, single
family Gulf Stream Bermuda dwelling meet the minimum intent of the Design Manual and
applicable review standards with the following conditions:
2. If the proposan is altered because of the requirements of the Health
Department a revised site plan will require ARPB approval.
Architectural Review and Planning Board
ARPB File #011 -12
ARPB May 26,2011; TC June 10, 2011
Page 2
ARPB Date: May 26, 2011
Action:
Level III Architectural /Site Plan: Recommended Approval with 3 conditions, the 2 conditions
listed above and number 3, proposed plans must be submitted to the Place Au Soleil HOA for
their review and consideration. (5 -0)
TC Date: June 10, 2011
Action:
Level III Architectural /Site Plan :Approved with 3 conditions: 1) Prior to a CO the existing
shed shall be removed. 2) If proposed site plan is altered because of requirements of the Health
Department, a revised site plan will require ARPB approval. 3) Builder will work with the
neighbors to protect their property from any damage during construction by placing stakes
along the property line to be removed after issuance of a CO. (4 -0)
L
r Testing and Public Hearing Page 5
Mr. Wietsma said it recesses back 20'6" and the second floor
n recesses back another 4 feet.
S -.-,ti: asked if the wall will go entirely around the property. Mr.
s -a said yes, it is a block wall that will be stucco and most of it
be in- filled with an aluminum railing. Mr. Frankel asked about the
er boxes and Mr. Wietsma explained that they are collection boxes to
h water from gushing into the courtyard. Mr. Thrasher asked if the
rs in the rendering are accurate and Mr. Wietsma confirmed that.
Wetsrra said the exterior color is Navajo White, the roof is white,
shutters are a blue green, the front door is mahogany with white
and the garage door is white.
Frankel moved and Mr. Murphy seconded to recommend approval of a
lition permit. There was no discussion. All voted AYE.
Frankel moved and Mr. Murphy seconded to recommend approval of a
clearing permit. There was no discussion. All voted AYE.
Frankel moved and Mr. Murphy seconded to recommend approval of a
ial Exception to allow 244 SF of covered, unenclosed area that
edS the maximum allowable FAR. There was no discussion. All voted
Frankel moved and Mr. Murphy seconded to recommend approval of a
al III Architectural /Site Plan based on a finding that the proposed
)lition of the existing structure and construction of a partial two -
:y Gulf Stream Bermuda style single - family dwelling with 2 -car
iae, consisting of 5,714.4 SF, and a swimming pool meet the minimum,
mt of the Design Manual and applicable review standards with the
.owing conditions:
Prior to the issuance of a certificate of occupancy, the owner of
property shall prepare and record a deed restriction which shall
,ide that all roof projection and unenclosed covered areas shall
iin so for as long as the structure is in existence or exceeds the
mum permissible FAR.
Prior to a certificate of occupancy a Gulf Stream Driveway
.tenance and Removal Agreement will be signed by the owner and will
ecorded by the Town.
All exterior painting colors will conform to the Gu1�f Stream, Code.
If not already, electric service lines shall be buried.
Placement_ of a generator shall meet the standards found in Noise
sion III Noise Abatement and control for generators.
Placement of front wall shall be a minimum of 7.5' from the edge of
ment.
e was no discussion. All voted AYE.
3. An application submitted by Quinn Miklos, Miklos and
Associates P.A., as agent for Constance Swift, owner of
property located at 2562 Avenue Au Soleil, Gulf Stream,
Florida 33483, legally described as Lot 42 & 43 in
Place Au Soleil Subdivision, Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of an attached 2,548 square foot guest
addition and 3 car garage to the existing 7,4 square
hitectural Review and Planning Board
ular Meeting and Public Hearing - May 26, 2011 Page 6
foot, one - story, single family Gulf Stream Bermuda
dwelling.
nn Miklos of Miklos & Associates introduced himself and stated his
;ra,= address as 2263 NW Boca Raton Blvd., Boca Raton, Florida.
Mr. Miklos sa— there are two lots with a
Y of Title and w at they are proposing is a 2,548 SF guest addition
ched to the existing structure to include a 3 -car garage, two guest
toms and a therapy room. He said it will be a continuation of the
itecture, with colors, windows and shutters matching the existing.
Miklos said the impact on their neighbors is very important to them
they plan to maintain their very rich landscaping on the property,
pt for one tree. He said there are very high and lush Fishtail
.s on the property and they cannot see the neighbors. Mr. Miklos was
d about the entry to the guest addition. He said access is from
ide with a path from the main portion of the house to an outer door
ing to a covered area and into the addition.
irman Ganger asked if they are impacted by noise from the FIND
ject. Mr. Miklos said occasionally, but they are blocked up with
dscaping and they planted Sea Grapes back in that area. Mr. Thrasher
d that FIND did their landscaping prior to pumping sludge. Mr.
phy asked about the proposed floor area and Mr. Miklos said it is
57 SF. Vice - Chairman Morgan complimented Mr. Miklos on keeping with
e architectural design and not building up. Mr. Murphy asked if there
be been comments from the neighbors concerning and Mr. Miklos said
Ely positive comments. Mr. Thrasher said that prior to landscaping of
Ve vacant lot, there were many comments from neighbors who asked the
*Wn if they could do something. He said the homeowners voluntarily
(stalled a new water meter, irrigated the vacant lot, grew grass and
&dscaped to a point where privacy is not an issue.
^hrasher recommended that a condition be added to have the Place Au
HOA review the plans for their consideration. Mr. Murphy moved
Mr. Frankel seconded to recommend approval of a Level III
itectural /Site Plan based on a finding that the proposed attached
? SF guest addition, and a 3 -care garage to the 7,348.5 SF one -story
1e- family Gulf Stream Bermuda dwelling meet the minimum intent of
Design Manual and applicable review standards with the following
itions:
osed site plan is altered because ot the requirements of
rtment a revised site plan will require ARPB approval.
Proposed plans must be submitted.to the Place Au Soleil HOA for
r review and consideration.
rman Ganger asked if there was an issue with the Health Department.
Miklos said the Engineer is working on the septic tank matter, the
eyor is working on the drainage plan and there should not be a
lam with the Health Department because, if they cannot connect to
existing drainage, there is an abundance of lard to work with and
will submit a new plan. Clerk Taylor said they will not get a
nitectural Review and Planning Board
ular Meeting and Public Hearing - May 26, 2011 Page 7
lding permit if there is an issue and Mr. Thrasher said this matter
considered as a condition for approval.
There was no further iscussi
voted AYE.
I. Items by Staff.
Thrasher said he had two items for discussion, the first being the
overty at 3575 N. Ocean Blvd., which was the Ireland Estate. He said
e property is for sale with only the building pad and garage left in
istence. Mr. Thrasher said the recent approval process for this
oject was not successful and, after lengthy discussions with the owner
J architect, they had three options to choose from. He said the first
ticn was removed by the Town Attorney and the other options were to
Cher challenge his administrative decision or apply for a variance,
1 neither was acceptable to the owner.
_: :.rasher said the third option omitted by the Town Attorney concerns
/3;i Rule. He said Mr. Randolph felt that since the house was
:ally demolished there was no value and no ability to compare the
iition value to slab value because it would not comply. Mr. Thrasher
id the applicant plans to sell the property as a vacant lot and will
ae back to the ARPB for demolition of the garage and slab. He said
:re will be conditions for stabilization of the soil set at that time.
, Frankel said some work to rebuild had already begun. Mr. Thrasher
Ld by the time a conclusion was reached, progression had taken place.
Smith said he believed the approval was for renovation and asked why
was totally down. Mr. Thrasher said staff was told that the walls
11 during demolition. He said in order to rebuild they would have to
ifcrm to the Code and all of the setbacks and the original structure
> non - conforming so the slab must go.
Thrasher said anytime you see a special exception which entails
Lino on to an existing structure, we must require a demolition plan be
m.itted with data stating that the walls wi11 remain. If the ARPB
�s not see a demolition plan the applicant must come back. He said
le Section 70- 107(5) says additions and /or rehabilitation projects
.ch exceed 75Z of the fair market value of the existing structure
L11 be considered to be new structures and shall be subject to the
ndards found in this chapter. Mr. Thrasher said there have been a
[ple of approvals that have been brought back because the demolition
n was first observed from the permit application. Clerk Taylor said
demolition plan must be seen at the time of ARPB application review
:ause in some cases it is too late when. they are applying for a
mit. Mr. Thrasher said he does not_ feel comfortable reviewing a
iolition plan at the time of permit application to determine a 75%
e and has enlisted the assistance of the City of Delray Beach in
vious cases for approval. He said Code Section 66.131(7) talks about
truction through acts of God and fire, in which case it would be 50=
truction by those forces.
Thrasher said, in seeking assistance and having conversations, a
tten document was provided by urban Design Kilday Studios suggesting
Regular Meeting
Town Commission
and Public Hearing
- June 10, 2011
Page 6
next door. Mr. Wietsma said it is different wherein they changed the 2nd
floor fagade, there is a recessed patio, the center of the home is
recessed back from the garage and the roof mitigates the issue of all
roofs blending in. Commissioner Wheeler observed from the rendering
that the front roof line on the left side is shorter than the right and
asked Mr. Wietsma to explain. Mr. Wietsma said he wanted to break it up
to give it a more natural look and if he added more height he would be
over the FAR.
Commissioner Wheeler moved and Commissioner Devitt seconded to approve
the Demolition Permit. ':here was no discussion. All voted AYE.
Commissioner Wheeler moved and Commissioner Anderson seconded to approve
the Land Clearing Permit. There was no discussion. All voted AYE.
Commissioner Wheeler moved and Commissioner Anderson seconded to approve
the Special Exception to allow 244 SF of covered, unenclosed area that
exceeds the maximum allowable FAR. There was no discussion. All voted
AYE. Commissioner Wheeler moved and Commissioner Anderson seconded to
approve the Level III Architectural /Site Plan based on a finding that
the proposed demolition of the existing structure and construction of a
partial two -story Gulf Stream Bermuda style single family dwelling with
a 2 -care garage, consisting of 5,714.4 SF and a swimming pool meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
1. Prior to the issuance of a certificate of occupancy, the owner of
the property shall prepare and record a deed restriction which shall
provide that all roof projection and unenclosed covered areas shall
remain so for as long as the structure is in existence or exceeds the
maximum permissible FAR.
2. Prior to a certificate of occupancy a Gulf Stream Driveway and
Removal Agreement will be signed by the owner and will be recorded by
the Town.
3. All exterior painting colors will conform to the Gulf Stream code.
4. if not already, electric service lines shall be buried.
5. Placement of a generator shall meet the standards found in Noise
Division III Noise Abatement and control for generators.
6. Placement of front wall shall be a minimum of 7.5' from the edge of
pavement.
There was no discussion. All voted AYE.
3. An application submitted by Quinn Miklos, Miklos and
Associates P.A., as agent for Constance Swift, owner of
property located at 2562 Avenue Au Soleil, Gulf Stream,
Florida 33483, legally described as Lot 42 & 43 in Place
Au Soleil Subdivision, Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of an attached 2,548 square foot guest
addition and 3 car garage to the existing 7,409 square
foot, one - story, single family Gulf Stream Bermuda
dwelling.
y.j- 'iGCat2u n- il.
e sai ey are pr an addition to�`ti�ie `existing home co sting
f two bedrooms, a play room and a 3 -car garage, and wil4� l�
v J he same
°Regular Meeting and Public Hearing
Town Commission - June 10, 2011
Page 7
architecture and characteristics of the existing home. He said the
driveway will cut in behind the existing landscaping.
Commissioner Anderson commented that the home will be very long and
asked if the landscaping is adequate to mask the mass of the home. Mr.
Miklos said there is a lot of existing landscaping and none of it will
be removed. Mr. Thrasher said that it is his opinion that the existing
landscaping is adequate and commented that this property was originally
two separate lots which were recently unified. He said there was some
concern that the empty lot would remain open; however, Mrs. Swift
planted landscaping material in the vacant lot to obscure all existing
structures, including the proposed addition.
Mr. Julio Martinez, President of the Place Au Soleil Homeowners
Association, introduced himself and said he lives at 2564 Avenue Au
Soleil which is directly across the street from the subject property.
He stated that what the property owners have done with the landscaping
on this property is great and he was not present to dispute the project.
Mr. Martinez said that neighboring property owners do have a concern
that their lawns will suffer damage by contractors running over their
property during the construction. Mr. Miklos said that some damage
usually occurs during construction and he will be sure that any damage
to neighboring properties will be repaired. Commissioner Anderson
commented that the contractor for the new construction on Emerald Row
placed white cylinders along the property line to protect other
properties. Mr. Miklos said he can do the same and he will work with
the neighbors, but he is concerned about causing damage to the existing
landscaping on the Swift property. Mr. Thrasher stated that a $2,500
damage bond will be required prior to issuance of a building permit and
the Town will observe and check with neighbors to be sure everyone is
satisfied prior to the issuance of a Certificate of Occupancy.
Commissioner Anderson moved and Commissioner Devitt seconded to approve
the Level III Architectural /Site Plan based on a finding that the
proposed attached 2,548 SF guest addition and a 3 -car garage to the
7,348.5 SF one -story single family Gulf Stream Bermuda dwelling meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
2. If the propo a site is aiterea necause of the requirements of
the Health Department a revised site plan will require ARPB approval.
3. Builder will work with the neighbors to protect their property from
any damage during construction by placing stakes along the property line
to be removed after the issuance of a Certificate of Occupancy.
There was no discussion. All voted AYE.
B. Presentations Regarding Gray Slate -like Roof Tile
,Clerk Taylor administered the Oath to Mark Marsh of Bridges, Marsh &
19sociates.
Brewer stated that he set several gray slate -like tiles on the roof
f 1314 N. Ocean Blvd., took a photo of that section and provided the
otc for distribution to the Commissioners, along with the address of a
rbme across the basin with the same roof tile. Vice -Mayor Orthwein said
e would prefer a tile that looked more like slate. Both Mr. Brewer
/I J�
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN, Vice Mayor
FRED S. DEVITT III
CHRIS 0. WHEELER
MURIEL J. ANDERSON
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
5
2562 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mrs. Swift - Miklos:
Telephone
(561) 2763116
Fax
(551) 737 -0166
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA LTAYLOR
This is to confirm that at the Public Hearing held by the Town
Commission on June 10, 2011, your application for a Level 3
Architectural /Site Plan Review to permit construction of an
attached 2,548 square foot guest addition and 3 car garage to the
existing 7,409 square foot, one - story, single family Gulf Stream
Bermuda style dwelling at the above address was considered.
n was approved conditioned upon the following: 1)Prior
a e of Completion, the existing shed shall be removed .
the proposed site plan is altered because of the requirements
of the Health Department, a revised site plan will require ARPB
approval. 3) Builder will work with the neighbors to protect their
property from any damage during construction by placing stakes
along the property line that must be removed after the issuance of
a Certificate of Completion.
This approval shall expire on June 10, 2012 if a Building Permit
Application, including the aforementioned improvements, has not
been applied for.
truly yovrs,
Rita LL..GTaylor l
Town Clerk
cc: Miklos & Associates P.A.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
JOAN K. ORTHWEIN, Mayor
THOMAS M. STANLEY, Vice -Mayor
W. GARRETT DERING
ROBERT W. GANGER
DONNAS. WHITE
November 7, 2013
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Ms. Constance J.M. Swift
2562 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Ms. Swift:
The Town is in receipt of your letter dated October 22, 2013. After
careful review of your comments the Town's position remains unchanged.
Before a Certificate of Completion will be issued, the existing shed
must be removed. Town records for the approval process clearly
indicate your agents had knowledge of this specific condition of
approval. In addition, both in the ARPB and Town Commission public
hearings, there was no objection by your agent to the condition
requiring the removal of the shed.
The Town also checked through historical records for a permit for
the installation or construction of your existing shed. Upon
completion of that search, there was no record of a permit. The
approval of your improvements was granted with the conditions, none
of which were challenged. Conformity to the Code, Section 70- 105(3)
is now required. Other properties referenced in your letter that
have an existing shed(s) have not sought development approval and
therefore are "grandfathered" from similar enforcement; Town Code
Section 1 -8. (A "link" to the Town Code is on the Town's Website)
This letter is to inform you that unless the shed is removed within
45 days of this date, December 22, 2013, a hearing will be scheduled
before the Special Magistrate. At this hearing the Special Magistrate
could assess fines up to $250.00 per day. It is my hope that such
actions will not be necessary. Your home is beautiful and it
greatly benefits your neighborhood and the Town of Gulf Stream. On
behalf of the Town, thank you for your efforts.
Sincerely,
Wq
William H. Thrasher
Town Manager
Encls: Staff Report 011 -12, Partial Minutes ARPB held May 26, 2011,
Partial Minutes Town Commission held June 10, 2011
100 SEA ROAD, GULF STREAM, FLORIDA 33483
Telephone
(561)276 -5116
'
Fox
-
(561)737 -0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
The Town is in receipt of your letter dated October 22, 2013. After
careful review of your comments the Town's position remains unchanged.
Before a Certificate of Completion will be issued, the existing shed
must be removed. Town records for the approval process clearly
indicate your agents had knowledge of this specific condition of
approval. In addition, both in the ARPB and Town Commission public
hearings, there was no objection by your agent to the condition
requiring the removal of the shed.
The Town also checked through historical records for a permit for
the installation or construction of your existing shed. Upon
completion of that search, there was no record of a permit. The
approval of your improvements was granted with the conditions, none
of which were challenged. Conformity to the Code, Section 70- 105(3)
is now required. Other properties referenced in your letter that
have an existing shed(s) have not sought development approval and
therefore are "grandfathered" from similar enforcement; Town Code
Section 1 -8. (A "link" to the Town Code is on the Town's Website)
This letter is to inform you that unless the shed is removed within
45 days of this date, December 22, 2013, a hearing will be scheduled
before the Special Magistrate. At this hearing the Special Magistrate
could assess fines up to $250.00 per day. It is my hope that such
actions will not be necessary. Your home is beautiful and it
greatly benefits your neighborhood and the Town of Gulf Stream. On
behalf of the Town, thank you for your efforts.
Sincerely,
Wq
William H. Thrasher
Town Manager
Encls: Staff Report 011 -12, Partial Minutes ARPB held May 26, 2011,
Partial Minutes Town Commission held June 10, 2011
100 SEA ROAD, GULF STREAM, FLORIDA 33483
TOWN OF GULF STREAM
ARCHITECTURAL REVIEW AND PLANNING REPORT
Application #: 011 -12 Owner: Constance Swift
Address: 2562 Ave. Su Soleil Agent: Quinn Miklos
Proposed Improvement: Construct an attached 2,548 SF guest addition and a 3
car garage to an existing one -story, single family Gulf
Stream Bermuda dwelling.
Approvals Requested:
Level III Architectural /Site Plan: To permit construction of an attached 2,548 SF guest
addition and a 3 car garage to the existing 7,409 SF,
one -story, single family Gulf Stream Bermuda
dwelling.
Gross Lot size: 39,984 SF (Unity of Title) Effective Lot Area: 39,984 SF
Proposed Total Floor Area: SF
Zoning District: RS-P
Architectural Style: G/S Bermuda
Allowable: 10,596.8 SF
Height: 20.0' (roof height <_ 20' Preferred)
Neighborhood: Mixed
Issues Considered During Review:
Article IV. Drainage Regulations
Note: This application has not provided a drainage plan and the development size and scope
will require a new Health Department permit. Final approval from the Health Department may
require a revision to the site plan.
Section 70 -70 Floor area calculations
Section 70 -74 Setbacks
Section 70 -99 Roof design, slope and materials
Section 70 -100 Roof and eave heights
Section 70 -239 Windows
Recommendation:
Motion to recommend approval Level III Architectural /Site Plan based on a finding that the
proposed attached 2,548 SF guest addition, and a 3 car garage to the 7,348.5 SF, one -story, single
family Gulf Stream Bermuda dwelling meet the minimum intent of the Design Manual and
applicable review standards with the following conditions:
1. Prior to a CC the existing shed shall be removed.
2. If the proposed site plan is altered because of the requirements of the Health
Department a revised site plan will require ARPB approval.
Architectural Review and Planning Board
ARPB File #011 -12
ARPB May 26,2011; TC June 10, 2011 Page 2
ARPB Date: May 26, 2011
Action:
Level III Architectural /Site Plan: Recommended Approval with 3 conditions, the 2 conditions
listed above and number 3, proposed plans must be submitted to the Place Au Soleil HOA for
their review and consideration. (5 -0)
TC Date: June 10, 2011
Action:
Level III Architectural /Site Plan :Approved with 3 conditions: 1) Prior to a CO the existing
shed shall be removed. 2) If proposed site plan is altered because of requirements of the Health
Department, a revised site plan will require ARPB approval. 3) Builder will work with the
neighbors to protect their property from any damage during construction by placing stakes
along the property line to be removed after issuance of a CO. (4 -0)
Architectural Review and Planning Board
Regular Meeting and Public Hearing - May 26, 2011 Page 5
wings. Mr. Wietsma said it recesses back 2016" and the second floor
elevation recesses back another 4 feet.
Mr. Smith asked if the wall will go entirely around the property. Mr.
Wietsma said yes, it is a block wall that will be stucco and most of it
will be in- filled with an aluminum railing. Mr. Frankel asked about the
copper boxes and Mr. Wietsma explained that they are collection boxes to
catch water from gushing into the courtyard. Mr. Thrasher asked if the
colors in the rendering are accurate and Mr. Wietsma confirmed that.
Mr. Wietsma said the exterior color is Navajo White, the roof is white,
the shutters are a blue green, the front door is mahogany with white
trim and the garage door is white.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
demolition permit. There was no discussion. All voted AYE.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
land clearing permit. There was no discussion. All voted AYE.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
special Exception to allow 244 SF of covered, unenclosed area that
exceeds the maximum allowable FAR. There was no discussion. All voted
AYE.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
Level III Architectural /Site Plan based on a finding that the proposed
demolition of the existing structure and construction of a partial two -
story Gulf Stream Bermuda style single - family dwelling with 2 -car
garage, consisting of 5,714.4 SF, and a swimming pool meet the minimum
intent of the Design Manual and applicable review standards with the
following conditions:
1. Prior to the issuance of a certificate of occupancy, the owner of
the property shall prepare and record a deed restriction which shall
provide that all roof projection and unenclosed covered areas shall
remain so for as long as the structure is in existence or exceeds the
maximum permissible FAR.
2. Prior to a certificate of occupancy a Gulf Stream Driveway
Maintenance and Removal Agreement will be signed by the owner and will
be recorded by the Town.
3. All exterior painting colors will conform to the Gulf Stream Code.
4. If not already, electric service lines shall be buried.
5. Placement of a generator shall meet the standards found in Noise
Division III Noise Abatement and control for generators.
6. Placement of front wall shall be a minimum of 7.5' from the edge of
pavement.
There was no discussion. All voted AYE.
3. An application submitted by Quinn Miklos, Miklos and
Associates P.A., as agent for Constance Swift, owner of
property located at 2562 Avenue Au Soleil, Gulf Stream,
Florida 33483, legally described as Lot 42 & 43 in
Place Au Soleil Subdivision, Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of an attached 2,548 square foot guest
addition and 3 car garage to the existing 7,409 square
Architectural Review and Planning Board
Regular Meeting and Public Hearing - May 26, 2011 Page 6
foot, one - story, single family Gulf Stream Bermuda
dwelling.
Quinn Miklos of Miklos & Associates introduced himself and stated his
business address as 2263 NW Boca Raton Blvd., Boca Raton, Florida. He
said he is the architect and husband of the home owner and has a vested
interest in this project. Mr. Miklos said there are two lots with a
Unity of Title and what they are proposing is a 2,548 SF guest addition
attached to the existing structure to include a 3 -car garage, two guest
bedrooms and a therapy room. He said it will be a continuation of the
architecture, with colors, windows and shutters matching the existing.
Mr. Miklos said the impact on their neighbors is very important to them
and they plan to maintain their very rich landscaping on the property,
except for one tree. He said there are very high and lush Fishtail
Palms on the property and they cannot see the neighbors. Mr. Miklos was
asked about the entry to the guest addition. He said access is from
outside with a path from the main portion of the house to an outer door
leading to a covered area and into the addition.
Chairman Ganger asked if they are impacted by noise from the FIND
project. Mr. Miklos said occasionally, but they are blocked up with
landscaping and they planted Sea Grapes back in that area. Mr. Thrasher
said that FIND did their landscaping prior to pumping sludge. Mr.
Murphy asked about the proposed floor area and Mr. Miklos said it is
9,957 SF. Vice - Chairman Morgan complimented Mr. Miklos on keeping with
the architectural design and not building up. Mr. Murphy asked if there
have been comments from the neighbors concerning and Mr. Miklos said
only positive comments. Mr. Thrasher said that prior to landscaping of
the vacant lot, there were many comments from neighbors who asked the
Town if they could do something. He said the homeowners voluntarily
installed a new water meter, irrigated the vacant lot, grew grass and
landscaped to a point where privacy is not an issue.
Mr. Thrasher recommended that a condition be added to have the Place Au
Soleil HOA review the plans for their consideration. Mr. Murphy moved
and Mr. Frankel seconded to recommend approval of a Level III
Architectural /Site Plan based on a finding that the proposed attached
2,548 SF guest addition, and a 3 -care garage to the 7,348.5 SF one -story
single - family Gulf Stream Bermuda dwelling meet the minimum intent of
the Design Manual and applicable review standards with the following
conditions:
1. Prior to a CO the existing shed shall be removed_ /
2. If the proposed site plan is altered ecause of the requirements of
the Health Department a revised site plan will require ARPB approval.
3. Proposed plans must be submitted to the Place Au Soleil HOA for
their review and consideration.
Chairman Ganger asked if there was an issue with the Health Department.
Mr. Miklos said the Engineer is working on the septic tank matter, the
Surveyor is working on the drainage plan and there should not be a
problem with the Health Department because, if they cannot connect to
the existing drainage, there is an abundance of land to work with and
they will submit a new plan. Clerk Taylor said they will not get a
'Architectural Review and Planning Board
Regular Meeting and Public Hearing - May 26, 2011 Page 7
building permit if there is an issue and Mr. Thrasher said this matter
was considered as a condition for approval. Mr. Miklos said he is in
agreement with all recommendations. There was no further discussion.
11 vote .
VII. Items by Staff.
Mr. Thrasher said he had two items for discussion, the first being the
property at 3575 N. Ocean Blvd., which was the Ireland Estate. He said
the property is for sale with only the building pad and garage left in
existence. Mr. Thrasher said the recent approval process for this
project was not successful and, after lengthy discussions with the owner
and architect, they had three options to choose from. He said the first
option was removed by the Town Attorney and the other options were to
either challenge his administrative decision or apply for a variance,
and neither was acceptable to the owner.
Mr. Thrasher said the third option omitted by the Town Attorney concerns
the 75% Rule. He said Mr. Randolph felt that since the house was
totally demolished there was no value and no ability to compare the
addition value to slab value because it would not comply. Mr. Thrasher
said the applicant plans to sell the property as a vacant lot and will
come back to the ARPB for demolition of the garage and slab. He said
there will be conditions for stabilization of the soil set at that time.
Mr. Frankel said some work to rebuild had already begun. Mr. Thrasher
said by the time a conclusion was reached, progression had taken place.
Mr. Smith said he believed the approval was for renovation and asked why
it was totally down. Mr. Thrasher said staff was told that the walls
fell during demolition. He said in order to rebuild they would have to
conform to the Code and all of the setbacks and the original structure
was non - conforming so the slab must go.
Mr. Thrasher said anytime you see a special exception which entails
adding on to an existing structure, we must require a demolition plan be
submitted with data stating that the walls will remain. If the ARPB
does not see a demolition plan the applicant must come back. He said
Code Section 70- 107(5) says additions and /or rehabilitation projects
which exceed 75% of the fair market value of the existing structure
shall be considered to be new structures and shall be subject to the
standards found in this chapter. Mr. Thrasher said there have been a
couple of approvals that have been brought back because the demolition
plan was first observed from the permit application. Clerk Taylor said
the demolition plan must be seen at the time of ARPB application review
because in some cases it is too late when they are applying for a
permit. Mr. Thrasher said he does not feel comfortable reviewing a
demolition plan at the time of permit application to determine a 75%
rule and has enlisted the assistance of the City of Delray Beach in
previous cases for approval. He said Code Section 66.131(7) talks about
destruction through acts of God and fire, in which case it would be 50%
destruction by those forces.
Mr. Thrasher said, in seeking assistance and having conversations, a
written document was provided by Urban Design Kilday Studios suggesting
Regular Meeting and Public Hearing
Town Commission - June 10, 2011 Page 6
next door. Mr. Wietsma said it is different wherein they changed the 2 °a
floor fapade, there is a recessed patio, the center of the home is
recessed back from the garage and the roof mitigates the issue of all
roofs blending in. Commissioner Wheeler observed from the rendering
that the front roof line on the left side is shorter than the right and
asked Mr. Wietsma to explain. Mr. Wietsma said he wanted to break it up
to give it a more natural look and if he added more height he would be
over the FAR.
Commissioner Wheeler moved and Commissioner Devitt seconded to approve
the Demolition Permit. There was no discussion. All voted AYE.
Commissioner Wheeler moved and Commissioner Anderson seconded to approve
the Land Clearing Permit. There was no discussion. All voted AYE.
Commissioner Wheeler moved and Commissioner Anderson seconded to approve
the Special Exception to allow 244 SF of covered, unenclosed area that
exceeds the maximum allowable FAR. There was no discussion. All voted
AYE. Commissioner Wheeler moved and Commissioner Anderson seconded to
approve the Level III Architectural /Site Plan based on a finding that
the proposed demolition of the existing structure and construction of a
partial two -story Gulf Stream Bermuda style single family dwelling with
a 2 -care garage, consisting of 5,714.4 SF and a swimming pool meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
1. Prior to the issuance of a certificate of occupancy, the owner of
the property shall prepare and record a deed restriction which shall
provide that all roof projection and unenclosed covered areas shall
remain so for as long as the structure is in existence or exceeds the
maximum permissible FAR.
2. Prior to a certificate of occupancy a Gulf Stream Driveway and
Removal Agreement will be signed by the owner and will be recorded by
the Town.
3. All exterior painting colors will conform to the Gulf Stream code.
4. If not already, electric service lines shall be buried.
5. Placement of a generator shall meet the standards found in Noise
Division III Noise Abatement and control for generators.
6. Placement of front wall shall be a minimum of 7.5' from the edge of
pavement.
There was no discussion. All voted AYE.
3. An application submitted by Quinn Miklos, Miklos and
Associates P.A., as agent for Constance Swift, owner of
property located at 2562 Avenue Au Soleil, Gulf Stream,
Florida 33483, legally described as Lot 42 & 43 in Place
Au Soleil Subdivision, Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of an attached 2,548 square foot guest
addition and 3 car garage to the existing 7,409 square
foot, one - story, single family Gulf Stream Bermuda
dwelling.
Mr. Gregor Miklos of Miklos & Associates introduced himself and stated
that he was present to represent his son, Quinn Miklos, agent for
Constance Swift who owns the property located at 2562 Ave. Au Soleil.
He said they are proposing an addition to the existing home consisting
of two bedrooms, a play room and a 3 -car garage, and will have the same
r
Regular Meeting and Public Hearing
Town Commission - June 10, 2011 Page 7
architecture and characteristics of the existing home. He said the
driveway will cut in behind the existing landscaping.
Commissioner Anderson commented that the home will be very long and
asked if the landscaping is adequate to mask the mass of the home. Mr.
Miklos said there is a lot of existing landscaping and none of it will
be removed. Mr. Thrasher said that it is his opinion that the existing
landscaping is adequate and commented that this property was originally
two separate lots which were recently unified. He said there was some
concern that the empty lot would remain open; however, Mrs. Swift
planted landscaping material in the vacant lot to obscure all existing
structures, including the proposed addition.
Mr. Julio Martinez, President of the Place Au Soleil Homeowners
Association, introduced himself and said he lives at 2564 Avenue Au
Soleil which is directly across the street from the subject property.
He stated that what the property owners have done with the landscaping
on this property is great and he was not present to dispute the project.
Mr. Martinez said that neighboring property owners do have a concern
that their lawns will suffer damage by contractors running over their
property during the construction. Mr. Miklos said that some damage
usually occurs during construction and he will be sure that any damage
to neighboring properties will be repaired. Commissioner Anderson
commented that the contractor for the new construction on Emerald Row
placed white cylinders along the property line to protect other
properties. Mr. Miklos said he can do the same and he will work with
the neighbors, but he is concerned about causing damage to the existing
landscaping on the Swift property. Mr. Thrasher stated that a $2,500
damage bond will be required prior to issuance of a building permit and
the Town will observe and check with neighbors to be sure everyone is
satisfied prior to the issuance of a Certificate of Occupancy.
Commissioner Anderson moved and Commissioner Devitt seconded to approve
the Level III Architectural /Site Plan based on a finding that the
proposed attached 2,548 SF guest addition and a 3 -car garage to the
7,348.5 SF one -story single family Gulf Stream Bermuda dwelling meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
1. Prior to a CC the existing shed shall be reM_0 P
2. If the proposed site plan is altered because of the requirements of
the Health Department a revised site plan will require ARPB approval.
3. Builder will work with the neighbors to protect their property from
any damage during construction by placing stakes along the property line
to be removed after the issuance of a Certificate of Occupancy.
There was no discussion. All voted AYE.
B. Presentations Regarding Gray Slate -like Roof Tile
Clerk Taylor administered the Oath to Mark Marsh of Bridges, Marsh &
Associates.
Mr. Brewer stated that he set several gray slate -like tiles on the roof
of 1314 N. Ocean Blvd., took a photo of that section and provided the
photo for distribution to the Commissioners, along with the address of a
home across the basin with the same roof tile. Vice -Mayor Orthwein said
she would prefer a tile that looked more like slate. Both Mr. Brewer
GULF STREAM DESIGN' SLAIN U: L $ 70 -105
Sec. 70 -105. Garages and accessory buildings.
Garages, storage sheds, decks, and other ancillary structures are elements which should be integrated
with the principal building. Garages, and ancillary structures can have a negative impact on neighbors.
An inconsiderately placed or poorly designed structure can visually and functionally negate an otherwise
attractive residential area.
(1) Preferred.
Garages and ancillary- structures designed to respect the views from neighboring lots
Garages and ancillary structures integrated with the architectural style of the home
(2) Discouraged.
Screened enclosures visible from the street
(31 Prohibited.
All garages facing street on hats over 20.000 square feet not adequately screened or buffered from
roadways
Carports
Garage doors that dominate the front elevation
'Metal storage sheds
Three -stall or larger garages on any lot not adequately screened or buffered from roadways
Two story screen enclosures
Typical Gulf Stream- Bermuda style garage on small Int. Color, material. and
roof consistent with principal huilding (preferred)
CD70:59
DateMme
Local ID 1
Total Pacies Scanned : 1
Transmission Report
10 -09 -2013 03:21:18 p.m. Transmit Header Text
5617370188 Local Name 1
This document : Confirmed
(reduced sample and details below)
Document size : 8.5 "x11 "
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
pAe1lMClta9
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June 17, 2011
Constance Swift- Hiklos
2562 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Hrs. Swift- Hiklos:
Fax
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This is to confirm that at the Public Hearing held by the Town
Commission on June 10, 2011, your application for a Level 3
Arctu.tectural /Site Plan Review to permit construction of an
attached 2,548 square foot guest addition and 3 car garage to the
existing 7,409 square foot, one -story, single family Gulf Stream
Bermuda style dwelling at the above address was considered.
The application was approved conditioned upon the following: 1)Prior
to a Certificate of Completion, the existing shed shall be removed.
2) I£ the proposed site plan is altered because of the requirements
of the Health Department, a revised site plan will require ARPB
Approval. 3) Builder will work with the neighbors to protect their
property from any damage during construction by placing stakes
along the property line that must be removed after the issuance of
a Certificate of Completion.
This approval shall expire on June 10, 2012 if a Building Permit
Application, including the aforementioned improvements, has not
been applied for.
V�ty fly yoyra;
+
Rita I. Taylor
Town Clerk
cc: Miklas E Associates P.A.
100 SEA RoAn, GuuR STREAM, FLORIDA 33483
Total Paces Confirmed r 7
Abbreviations:
H5: Host send PL: Polled local
HR: Host receive PR: Polled remote
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Job
Re mote Station
Start Time
Duration Pages
Line
Mode
JohType
Results
001
OO�L853
15612652155 103:19:49
p.m. 10 -09 -2013
00:00.58 X1/1
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EC
HS
CP%00
Abbreviations:
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HR: Host receive PR: Polled remote
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RP: Report FA: Fall G3: Group
FF: Fax Forward TU: Terminated by user EC: Error Correct
Date /Time
Local ID 1
Total Pages Scanned :i
Transmission Report
10 -09 -2013 03:46:57 p.m. Transmit Header Text
5617370188 Local Name 1
This document : Confirmed
(reduced sample and details below)
Document size : 8.5 "x11 "
Fax
Regular Meeting and Public Hearing
Town Commission - June 10, 2611 Page 7
architecture and characteristics of the existing home. He said the
driveway will cut in behind the existing landscaping.
ccmmissioner Anderson commented that the home will be very long an
asked if the landscaping is adequate to mask the mesa of the hcm:: _Mr.
Miklos said there is a lot of existing landscaping and none of it will
be removed. Mr. Thrasher said that it is his opinion that the existing
landscaping is adequate and commented that this property was originally
two separate lots which were recently unified. He said there was some
concern that the empty lot would remain open; however, Mrs. Swift
planted landscaping material in the vacant lot to obscure all existing
structures, including the proposed addition.
Mr. Julio Martinez, President of the Place Au Soleil Homeowners
Association, introduced himself and said he lives at 2564 Avenue Au
soleil which is directly across the street from the subject property.
He stated that what the property owners have done with the landscaping
on this property is great and he was not present to dispute the project.
Mr. Martinez said that neighboring property owners do have a concern
chat their lawns will Buffer damage by contractors running over their
property during the construction. Mr. Miklos said that some damage
usually occurs during construction and he will be sure that any damage
to neighboring properties will be repaired. Commissioner Anderson
commented that the contractor for the new construction on Emerald Row
placed white cylinders along the property line to protect other
properties. Mr. Miklos said he can do the same and he will work with
the neighbors, but he is concerned about causing damage to the existing
landscaping on the Swift property. Mr. Thrasher stated that a $2,500
damage bond will be required prior to issuance of a building permit and
the Town will observe and check with neighbors to be sure everyone is
satisfied prior to the issuance of a Certificate of occupancy.
Commissioner Anderson moved and Coemissiooar Devitt seconded to approve
the Level III Architectural /Site Plan based on a finding that the
proposed attached 2,548 SF guest addition and a 3 -car garage to the
7,346.5 SF one -story single family Gulf Stream Bermuda dwelling meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
y. Prior to a CC the existing shed shall be rencved.
\2. If the proposed site plan is altered because of the requirements of
ha Health Department a revised site plan will require ARPS approval.
3. Builder will work with the neighbors to protect their property from
any damage during construction by placing stakes along the property line
to he removed after the issuance of a Certificate of Occupancy.
There was no discussion. All voted AYE.
B. Presentations Regarding Gray Slate -tike Roof Tile
Clerk Taylor administered the Oath to Mark Marsh of Bridges, Marsh d
Associates.
'.Mr. Brewer stated that he set several gray slate -like tiles on the roof
of 1314 N. ocean Blvd., took a photo of that section and provided the
;photo for distribution to the Commissioners, along with the address of a
home across the basin with the same roof tile. Vice -Mayor Orthwein said
One would prefer a tile that looked more like elate. Both Mr. Brewer
Total Paces Confirmed : 1
No.
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03:44:30 p.m. 10 -09 -2013
00:01:55
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FF: Fax Forward TU: Terminated by user EC: Error Correct
October 22, 2013
Mr. William Trasher
Town Manager
Town of Gulf Stream
100 Sea Road
Town of Gulf Stream, FI 33483
Dear Mr. Trasher,
Sometimes during the interaction between Government and their Citizenry; Government
imposes requirements that at the moment may seem prudent but in retrospect are proven to
be arbitrary, capricious and injurious. It is with benign intent that I bring forth such a
requirement by the Town of Gulf Stream that was foisted upon me during the application
process of our Residential Addition. As you are aware, the Town's Staff placed, as a condition
of approval, the removal of an existing shed in return for the approval of a viable and fully
compliant Residential Addition. Even the most dispassionate observer would acknowledge that
the Town constructed an improper, discriminatory and unenforceable quid pro quo condition
that required the Applicant to surrender the legal rights of Ownership in order to gain
Governmental approval for an unassociated, compliant Residential Addition. Let me quickly
disabuse you of the notion that any Government at the Local, State or Federal level has the
expressed authority to coercive a Citizen into the forfeiture of property when that Citizen seeks
to develop their premises in a legal a manner. When the Town refused approval of the
Residential Addition unless the condition shed removal was met, the Town disenfranchised the
Applicant to such a compromising extent that the Applicant's free consent and self -
determination was nullified. Frankly, not only is the Town's actions reprehensible but they are
non - codified and willfully abusive. The Town's deportment usurps long standing State and
Federal protections of the Citizenry.
It is important to memorialize the general conditions and circumstances of the application for
the Residential addition.
A. The Residential Addition exceeded all prevailing Codes of the Town of Gulfstream
B. The majority of the Residential Addition was located on a second residential lot that
was unified by title
C. The existing shed has been located on the first residential lot for over ten years
D. There has been a shed located on the first residential lot for nearly forty years
E. The Town has been aware of the existing shed since it's placement on site
F. The Town has never issued a letter of violation or non - compliance regarding the
shed
G. The Town's stated reasoning for the shed removal is a non - codified desire to remove
all shed's from the Town of Gulf Stream
H. The Town actions are outside the prevue of Code
The following addresses are a partial list of residents that appear to have similar ancillary
structures:
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
Several weeks ago I forwarded to the Town a request for the Certificate of Completion. Within
that request was documentation that the Residential Addition has received a Final Inspection
Approval from the City of Delray. As you know, this signifies complete compliance with the
approved Drawings and successfully concludes the construction process. I am respectfully
requesting that the Certificate of Completion be issued immediately.
Sincerely,
V
Constance J.M. Swift
Owner
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FAX Cover Sheet
TO:
Attn: Laverne
Office of Attny.
Ron D'Anna
2101 N.W. Corporate Blvd.
Boca Raton, FL 33431
Phone:
Fax Phone: 395 -7050
Date: 9 -21 -14
Number of pages including cover sheet: 4
FROM: Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Rita Taylor, Town Clerk
Phone: 561- 276 -5116
Fax Phone: 561- 737 -0188
REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP
I have enclosed a copy of the Agenda and a copy of the latest
notice provided to the resident at 2562 Avenue Au Soleil for
the Code Enforcement Hearing scheduled for October 1, 2014. This
is the hearing that has been rescheduled several times.
Please contact me if you need anything other than what I have
enclosed herewith and I will furnish it immediately.
Originals to Follow by Mail: Yes No X
CC:
Fax Phone:
I
Date /Time
Local ID 1
Transmission Report
09 -21 -2014 01:35:04 p.m. Transmit Header Text
5617370168 Local Name 1
Total Pages Scanned :4
This document : Confirmed
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Results
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5613957050
01:33:29 p.m, 09-21-2014
00:00:58
1414
11
1 EC
IHS
I CP28800
Abbreviations:
HS: Host send PL: Polled local
HR: Host receive PR: Polled remote
WS: Waiting send MS: Mailbox save
MP: Mailbox print CP: Completed TS: Terminated by system
RP: Report FA: Fail G3: Group
FF: Fax Forward TU: Terminated by user EC: Error Correct
i
CODE ENFORCEMENT HEARING RESCHEDULED
August 27, 2014
CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL
MAGISTRATE OF THE TOWN OF GULF STREAM ON WEDNESDAY, OCTOBER 1, 2014 AT
2:00 P.M. IN THE COMMISSION CHAMBRS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
AGENDA
I. Call to Order.
II. Case No. 4 -14: Constance J. Swift, 2562 Avenue Au Soleil:
Failure to remove an existing shed at this address, said
removal being a condition of approval of a large addition to
the dwelling. Location of shed in violation of Sec. 70 -74
and Sec. 70- 105(3) prohibits metal storage sheds.
III. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
OF GULF STREAM CODE ENFORCEMENT SPECIAL MAGISTRATE. WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, 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
Building Planning and
Zoning Department
CASE NO: CE 4 -14
Town of Gulf Stream Article #195
100 Sea Road
Gulf Stream, FL 33483
Ph. (561) 276 -5116
CODE ENFORCEMENT SPECIAL MAGISTRATE Fax (561) 737 -0188
TOWN OF GULF STREAM, FLORIDA
9 -2 -14
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
Location /Address where violation(s) exist(s): 2562 Avenue Au Soleil, Gulf Stream, F
2. Legal Description: Lots 42 & 43 Place Au Soleil Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s):Constance J. Swift
2562 Avenue Au Soleil, Gulf Stream, FL 33483
Removal of an existing shed was a
4. Violation of Town Code Section(s) and description(s):condition attached to the approval
of a large addition to an existing residence. e 1s in vio atlon of Sec.
70 -74 that requires accessory structures to be placed 15' inside the rear
an — eds.
There is no record in the file that the shed was ever originally permitted. The
auw.�ivia waa uutVl u ana me '-Luvm nas reruserl to Issue a 1 Ica e of Comple-
tion as the shed has not been removed as was the condition that was placed at
(SEE ATTACHED "EXHIBITS OF VIOLATION')
5. Date of First Inspection:
9-4 -13
6. Date owner first notified of violation(s):
11 -7 -13
7. Date on/by, which violations are to be corrected: September 24, 2014
* * * * * * * * * * * * * * * * * * * * * * * * ** *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 HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on October 1, 201dt 2 P.M. or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE 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 Magistrate may base his /her findings
solely upon presentation by the Town Code Inspector
V U
William H. Thrasher, Town Manager
Town of Gulf Stream
J"
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
Septanber 26, 2014 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 RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATIONS)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate 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, he/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 Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. 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 Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance 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 MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate 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 to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
zf -zz!d
By: RIta U Taylor, Town Cl #k
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
FAXCover Sheet
Sandy
Office of Attny.
Phone:
Fax Phone:561- 6222841
Date: 9 -21 -14
Number of pages including cover sheet: 3
FROM: Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Rita
Phone: 561- 276 -5116
Fax Phone: 561- 737 -0188
REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review o Reply ASAP
I have enclosed a copy of the Agenda and a copy of the last
notice that was sent to the resident for the hearing to be
held Oct. 1, 2014 at 2 P.M. This is the hearing that has
been rescheduled several times. Let me know if you need
anything more than this.
Thanks much.
Originals to Follow by Mail: Yes
CC:
Fax Phone:
No X
I
Date /Time
Local ID 1
I
Transmission Report
09 -21 -2014 01:20:44 p.m. Transmit Header Text
5617370188 Local Name 1
Total Panes Scanned :4
This document : Confirmed
(reduced sample and details below)
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15616222841
01:18:20p,m.09 -21- 2014
00:01:02
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1
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IHS
CP21600
Abbreviations:
HS: Host send PL: Polled local
HR: Host receive PR: Polled remote
WS: Waiting send MS: Mallboxsave
MP: Mailbox print CP: Completed TS: Terminated by system
RP: Report FA: Fall G3: Group 3
FF: Fax Forward TU: Terminated by user EC: Error Correct
J A
CODE ENFORCEMENT HEARING RESCHEDULED
August 27, 2014
CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL
MAGISTRATE OF THE TOWN OF GULF STREAM ON WEDNESDAY, OCTOBER 1, 2014 AT
2:00 P.M. IN THE COMMISSION CHAMBRS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
AC;FNnA
I. Call to Order.
II. Case No. 4 -14: Constance J. Swift, 2562 Avenue Au Soleil:
Failure to remove an existing shed at this address, said
removal being a condition of approval of a large addition to
the dwelling. Location of shed in violation of Sec. 70 -74
and Sec. 70- 105(3) prohibits metal storage sheds.
III. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
OF GULF STREAM CODE ENFORCEMENT SPECIAL MAGISTRATE. WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, 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. E.S.S. 266.0105
Town of Gulf Stream Article #195
100 Sea Road
Gulf Stream, FL 33483
Building Planning and Ph. (561) 276 -5116
Zoning Department Fax (561) 737 -0188
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
CASE NO: CE 4 -14
9 -2 -14
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
1. Location /Address where violation(s) exist(s): 2562 Avenue Au Soleil, Gulf Stream, I
2.
3.
Legal Description: Lots 42 & 43 Place Au Soleil Subdivision
Name and address of owner /person in charge where violation(s) exist(s):Constance S. Swift
2562 Avenue Au Soleil, Gulf Stream, FL 33483
Removal of an existing shed was a
4. Violation of Town Code Section(s) and description(s):condition attached to the approval
of a large addition to an existing residence. The shed is in vio anon of Sec.
70 -74 that requires accessory structures to be placed 15' inside the rear
Lnd sn - eds.
There is no record in the file that the shed was ever originally permitted. The
addition Comple-
tion as the shed has not been removed as was the condition that was placed at
(SEE ATTACHED "EXHIBITS OF VIOLATION ")
5. Date of First Inspection: 9-4 -13
6. Date owner first notified of violation(s):
11 -7 -13
7. Date oniby, which violations are to be corrected: September 24, 2014
* * * * * * * * * * * * * * * * * * * * * * * * ** *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 HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on October 1, 20ldt 2 P.M. or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE 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 Magistrate may base his /her findings
solely upon presentation by the Town Code Inspector
%7
William H. Thrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
September 26, 2014, 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 VIOLATION(S) IS /ARE CORRECTED AND THEN RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATIONS)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate 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, he /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 Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. 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 Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance 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 MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate 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 to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
i
rz:
By: a L. Taylor, Town Cl #k
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
Gary R. Nikolifs,CFA
Property Appraiser
Palm Beach County
Location Address 2562 AVENUE AU SOLEIL
Municipality GULF STREAM
Parcel Control Number 20- 43- 46- 04 -22- 000 -0420
Subdivision PLACE AU SOLIEL
Official Records Book 24445 Page 1147
Sale Date MAR -2011
Legal Description PLACE AU SOLEIL LTS 42 & 43
Homestead Exemption
Page I of 1
V
http: / /www.co. palm- beach.fl.uslpapalAsps /Property DetaillPropertyDetail. aspx ?parcel= 2043... 9/7/2014
Mailing address
Owners
2562
AVE AU SOLD
SWIFT CONSTANCEJ
DELRAY BEACH FL 33483 6102
Sales Date Price
OR Book /Page Sale Type
Owner
MAR -2011 510
24445/ 1147 QUIT CLAIM
SWIFT CONSTANCE J
DEC -2009 $10
23698/0305 WARRANTY DEED
SWIFT CONSTANCEJ
MAR -1999 $425,000
10996 / 1067 WARRANTY DEED
SWIFT CONSTANCE J
M
OCT -1993 $100
07960/1060 WARRANTY DEED
JUL -1993 $450,000
07819/ 0878 WARRANTY DEED
] 2
Exemption Applicant /Owner Year
Detail
SWIFT CONSTANCEJ
2014
Number of Units 2 *Total Square Feet 8980
Acres 0.89
Use Code 0100 -
FAMILY
SINGLE Zoning RS -P - Single
STREAM )
Family - PlaceAuSoleil ( 20 -GULF
Tax Year
2014 P 2013
2012
Improvement Value
$611,065
$501,285
$431,503
Land Value
$547,111
$547,111
$411,362
Total Market Value
$1,158,176 $1,048,396
$842,865
P
Preliminary
All values are as of January
1st each year
Tax Year
2014 P 2013
2012
Assessed Value
$1,025,077
$857,194
$842,865
Exemption Amount
$50,000
$50,000
$50,000
Taxable Value
5975,077
$807,194
$792,865
Tax Year
2014 P 2013
2012
Ad Valorem
S18,380
$15,122
$14,612
Non Ad Valorem
$175
$174
$174
Total tax
$18,555
$15,296
$14,786
http: / /www.co. palm- beach.fl.uslpapalAsps /Property DetaillPropertyDetail. aspx ?parcel= 2043... 9/7/2014
Owners
SWIFT CONSTANCEJ
Page 1 of 1
Property Appraiser's Public Ao_ess • . • .
Mailing address
2562 AVE AU SOLEIL
DELRAY BEACH FL 33483 6102
Sales Date
Gary R. Nikolirs, CFA
OR Book /Page
Sale Type
Property Appraiser
MAR -2011
S10
24445 11147
QUITCLAIM
Pafm -Beach Comity -
DEC -2009
Location Address 2562 AVENUE AU SOLEIL
j
Municipality GULF STREAM
� Parcel Control Number 20- 43- 46- 04 -22- 000 -0420
MAR -1999
Subdivision PLACE AUSOLIEL
j Official Records Book 24445 Page 1147
WARRANTY DEED
Sale Date MAR -2011
OCT -1993
Legal Description PLACE AU SOLEIL LTS 42 & 43
Owners
SWIFT CONSTANCEJ
Page 1 of 1
Property Appraiser's Public Ao_ess • . • .
Mailing address
2562 AVE AU SOLEIL
DELRAY BEACH FL 33483 6102
Sales Date
Price
OR Book /Page
Sale Type
Owner
MAR -2011
S10
24445 11147
QUITCLAIM
SWIFT CONSTANCEJ
DEC -2009
S10
23698/0305
WARRANTY DEED
SWIFT CONSTANCEJ
MAR -1999
5425,000
10996 /1067
WARRANTY DEED
SWIFT CONSTANCE J M
OCT -1993
5100
07960/1060
WARRANTY DEED
515,122
JUL -1993
5450,000
07819/ 0878
WARRANTY DEED
5174
12
Total tax
$15,296
514,786
514,559
Exemption Applicant /Owner Year Detail
SWIFT CONSTANCEJ 2014
V
Number of Units 1 *Total Square Feet 6877 Acres 0.89
Use Code 0100 -SINGLE Zoning RS -P - Single Family - PlaceAuSoleil ( 20 -GULF
FAMILY STREAM )
Tax Year 2013 2012 2011
Improvement Value $501,285 $431,503 5437,017
Land Value $547,111 $411,362 5399,380
Total Market Value $1,048,396 5842,865 $836,397
http: / /www.co.palm- beach. fl.us/ papa / Asps/ PropertyDetaillPropertyDetail.aspx ?parcel= 204... 2/18/2014
All values are as of January 1st each year
Tax Year
2013
2012
2011
Assessed Value
5857,194
$842,865
$818,925
Exemption Amount
550,000
$50,000
550,000
Taxable Value
$807,194
$792,865
5768,925
Tax Year
2013
2012
2011
Ad Valorem
515,122
$14,612
$14,385
Non Ad Valorem
$174
5174
$ 174
Total tax
$15,296
514,786
514,559
http: / /www.co.palm- beach. fl.us/ papa / Asps/ PropertyDetaillPropertyDetail.aspx ?parcel= 204... 2/18/2014
Bill Thrasher
From: Quinn Miklos <quinn @miklosarchitecture.com>
Sent: Wednesday, July 23, 2014 2:39 PM
To: Bill Thrasher
Subject: Swift Miklos
Hello Bill,
My attorney has not cleared his schedule as of yet. I have given him the option to represent us at the original gearing
date in our absence. I would expect his answer shortly.
He would like to know the name of the Special Magistrate.
Thankyou
Sent from my iPhone
Bill Thrasher
From:
Sent:
To:
Cc:
Subject:
w
Quinn Miklos <quinn @miklosarchitecture.com>
Sunday, June 01, 2014 6:42 PM
Bill Thrasher
John C. Randolph; Quinn Miklos
Re: O'Boyle case information /
Thank you for your response. We just received the Mayor's letter chronicling I
taken on your Office. My wife and I are sincerely empathetic with your situatic
week and express to him what information I am looking for, in an effort to be I
off on my request for information until I can more clearly communicate my int
my issue.
Thank you
Sent from my !Phone
r:
On Jun 1, 2014, at 1:53 PM, Bill Thrasher <bthrasher @gulf - stream.org> wrote:
IVNOIIVNV31N1 A131305 3NvwnH
Confidentiality Notice: This e-mail message, including any attachment:
intended recipient(s). If you are not the intended recipient, please contact the sender by reply e -mail
and destroy all copies of the original message. Florida has a very broad public records law. Written
communications regarding Town of Gulf Stream business are public records available to the public upon
request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-
mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by phone or
in writing.
<O'Boyle case information_clarify.pdfl
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
June 1, 2014
Quinn I Miklos [Mailto: quinn @miklosarchitecture.com]
Re: O'Boyle case information
(a) All ARB submittals
(b) All Town Commission submittals
(c) All correspondences between the Town, the Town Attorney, Martin O'Boyle and Martin
O'Boyle 's Attorney
(d) Copy of the Law Suit
(e) Copy of the Settlement Agreement
(fl Copy of all Magistrates rulings/ decisions /coresspondance
(g) Copy or information about any settlement payments occurred
Dear Quinn I Miklos [Mailto: quinn @miklosarchitecture.com],
The Town of Gulf Stream has received your public records request dated May 22, 2014 which is
reproduced on the following pages.
This letter requests clarification of "Copy of the Law Suit" of your request before determining
whether to provide you with an estimate for the extensive use of information technology
resources or .extensive clerical or supervisory assistance as described in Fla. Stat. §
119.07(4)(d). There were several law suits for this case and we are not sure which one you are
referring to. If you would like to narrow down this request by a specific date or suit, please do
so. If not, please be advised the cost of production will be substantial. This request for
clarification is done as a courtesy to you to ensure the Town is able to accurately and promptly
provide you with either an estimate, if necessary, or production of the public records you seek.
Please clarify the above request as indicated and the Town of Gulf Stream will proceed with
fulfilling your request, or providing you an estimate of the cost of production based on your
clarification.
Sincerely,
Town Clerk
Custodian of the Records
Your original request, dated May 22, 2014, is reproduced in the space below:
From: Quinn Miklos [mailto:quinn @miklosarchitecture.com]
Sent: Thursday, May 22, 20141:03 PM
To: Bill Thrasher
Cc: quinn @miklosarchitecture.com
Subject: Miklos
Hello Bill,
Can you please send the following information from the Martin O'Boyle case.
I would like:
a. All ARB submittals
b. All Town Commission submittals
c. All correspondences between the Town, the Town Attorney, Martin O'Boyle and Martin
O'Boyle's Attorney
d. Copy of the Law Suit
e. Copy of the Settlement Agreement
f. Copy of all Magistrates rulings / decisions /coresspondance
g. Copy or information about any settlement payments occurred
Thank you
I ii
Quinn I. Miklos, NCARB
Registered Architect
Fl. Reg. AR 91602
Miklos and Associates, P.A.
M iklosArchitecture.com
Phone: 561- 392 -6762
Kelly Avery
From: Bill Thrasher
Sent: Sunday, June 01, 2014 1:53 PM
To: quinn @miklosarchitecture.com'
Subject: O'Boyle case information
Attachments: O'Boyle case information_clarify.pdf
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
1
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Building Planning and
Zoning Department
Article #195
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
CASENO: CE 4 -14
Ph. (561) 276 -5116
Fax (561) 737 -0188
9 -2 -14
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
Location/Address where violation(s) exist(s): 2562 Avenue Au Soleil, Gulf Stream, F
2. Legal Description: Lots 42 & 43 Place Au Soleil Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s):Constance J. Swift
2562 Avenue Au Soleil, Gulf Stream, FL 33483
Removal of an existing shed was a
4. Violation of Town Code Section(s) and description(s):condition attached to the approval
of a large addition to an existing residence. The shed is in violation of Sec.
70 -74 that requires accessory structures to be placed 15' inside the rear
. an - eds.
There is no record in the file that the shed was ever originally permitted. The
a ion was carp e e an e s re se issue a i ica of Comple-
tion as the shed has not been removed as was the condition that was placed at
(SEE ATTACHED "EXHIBITS OF VIOLATION ")
5. Date of First Inspection: 9-4 -13
6. Date owner first notified of violation(s): 11 -7 -13
7. Date on/by, which violations are to be corrected: September 24, 2014
* * * * * * * * * * * * * * * * * * * * * * * * ** *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 HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on October 1, 2014t 2 P.M. or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE 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 Magistrate may base his /her findings
solely upon presentation by the Town Code Inspector
V Ut
William H. Thrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
_September 26, 2014, 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 RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATION(S)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate 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, he /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 Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. 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 Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance 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 MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate 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 to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
By: a L. Taylor, Town Cl k
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
Town of Gulf Stream Article #195
100 Sea Road
Gulf Stream, FL 33483
Building Planning and Ph. (561) 276 -5116
Zoning Department Fax (561) 737 -0188
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
CASE NO: CE 4 -14
9 -2 -14
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
1. Location /Address where violation(s) exist(s): 2562 Avenue Au Soleil, Gulf Stream, F
2.
Legal Description: Lots 42 & 43 Place Au Soleil Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s): Cons tance J. Swift
2562 Avenue Au Soleil, Gulf Stream, FL 33463
Removal of an existing shed was a
4. Violation of Town Code Section(s) and description(s):condition attached to the approval
of a large addition to an existing residence. The shed is in vio tion of Sec.
70 -74 that requires accessory structures to be placed 15' inside the rear
an — eds.
There is no record in the file that the shed was ever originally permitted. The
a tion was comp e an e s re issue a i ica of Comple-
tion as the shed has not been removed as was the condition that was placed at
(SEE ATTACHED "EXHIBITS OF VIOLATION')
Date of First Inspection:
9-4 -13
6. Date owner first notified of violation(s):
11 -7 -13
7. Date on/by, which violations are to be corrected: September 24, 2014
* * * * * * * * * * * * * * * * * * * * * * * * ** *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 HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on October 1, 20ldt 2 P.M. or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE 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 Magistrate may base his /her findings
solely upon presentation by the Town Code Inspector
V Ul
William H. Thrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
September 26, 2014, 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 VIOLATION(S) IS /ARE CORRECTED AND THEN RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATION(S)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate 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, he /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 Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. 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 Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance 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 MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate 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 to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
By: R a L. Taylor, Town Cl k
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
��Q O U C ��'
F L A .
P a g e I o f I
I n c i d e n t T y p e :
L o c a t i o n o f I n c i d e n t :
T y p e o f P r e m i s e s :
T i m e o f C a l l :
T i m e o f A r r i v a l :
T i m e C o m p l e t e d :
O f f i c e r I n j u r e d :
D a t e / T i m e R e p o r t e d :
O c c u r r e d F r o m :
D o m e s t i c :
J u v e n i l e I n v o l v e d :
R e p o r t i n g O f f i c e r :
N a m e :
H o m e A d d r e s s :
G u l f S t r e a m P o l i c e D e p a r t m e n t
2 4 6 S e a R o a d
G u l f S t r e a m , F L 3 3 4 8 3
P h o n e : ( 5 6 1 ) 2 7 8 - 8 6 1 1 F a x : ( 5 6 1 ) 2 7 6 - 2 5 2 8
C o m p l a i n t N u m b e r : 1 4 - 1 6 2 8
N O N C R I M I N A L O F F E N S E R E P O R T
P O L I C E S E R V I C E
2 5 6 2 A V E . A U S O L E I L
G U L F S T R E A M F L 3 3 4 8 3
R E S I D E N C E - S I N G L E F A M I L Y
1 2 3 0
1 2 3 0
1 2 4 5
N O
0 9 / 1 8 / 2 0 1 4 1 2 : 4 5
N O
N O
I N V E S T I G A T O R J O H N P A S S E G G I A T A
C O N S T A N C E S W I F T
2 5 6 2 A V E A U S O L E I L
G U L F S T R E A M F L 3 3 4 8 3
Z o n e : 1
P r o c e s s e d B y : I N V . J O H N P A S S E G G I A T A
O f f i c e r K i l l e d / A s s a u l t e d : N O
O T H E R
I N C I D E N T S U M M A R Y
A T T H E A B O V E D A T E A N D T I M E I D E L I V E R E D T O W N O F G U L F S T R E A M A R ; f I C L E N U n H E R # I 9 0 0 M R S .
C O N S T A N C E S W I F T . M R S . S W I F T S I G N E D T H E R E C E I P T A T T A C H E D T O ' F H I S R F P C I c f . N O F U R T H E R
I N F O R M A T I O N .
R E T U R N R H C E T P T
A d d r e s s e d T o : A r t i c l e #
C o n s t a n c e J . S w i f t
2 5 6 2 A v e n u e A u S o l e i l 1 9 5
G u l f S t r e a m , F L
D a t e D e l i v e r e d
S i g n a t u r e d r e s s e e
o r
A g e n t S i g n a t u r e
August 27, 2014
CODE ENFORCEMENT HEARING RESCHEDULED
CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL
MAGISTRATE OF THE TOWN OF GULF STREAM ON WEDNESDAY, OCTOBER 1, 2014 AT
2:00 P.M. IN THE COMMISSION CHAMBRS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
AGENDA
I. Call to Order.
II. Case No. 4 -14: Constance J. Swift, 2562 Avenue Au Soleil:
Failure to remove an existing shed at this address, said
removal being a condition of approval of a large addition to
the dwelling. Location of shed in violation of Sec. 70 -74
and Sec. 70- 105(3) prohibits metal storage sheds.
III. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
OF GULF STREAM CODE ENFORCEMENT SPECIAL MAGISTRATE. WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, 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
manning ana
Zoning
CASE NO: CE 4 -14
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Article #195
Ph. (561) 276 -5116
Fax (561) 737 -0188
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
9 -2 -14
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
Location /Address where violation(s) exist(s): 2562 Avenue Au Soleil,_ Gulf Stream, F
2. Legal Description: Lots 42 & 43 Place Au Soleil Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s):Constance J. Swift
2562 Avenue Au Soleil, Gulf Stream, FL 33483
Removal of an existing shed was a
4. Violation of Town Code Section(s) and description(s):condition attached to the approval
of a large addition to an existing residence. The shed is in vio tion of Sec.
70 -74 that requires accessory structures to be placed 15' inside the rear
anct in v - eds.
There is no record in the file that the shed was ever originally permitted. The
a ion was ccrrpletea ancl trie s retused to issue a i 1ca of Comple-
tion as the shed has not been remved as was the condition that was placed at
(SEE ATTACHED "EXHIBITS OF VIOLATION')
5. Date of First Inspection: 9-4-13
6. Date owner first notified of violation(s):
11 -7 -13
7. Date on/by, which violations are to be corrected: September 24, 2014
* * * * * * * * * * * * * * * * * * * * * * * * ** *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 HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on october 1. 201dt 2 P.M. or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE 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 Magistrate may base his /her findings
solely upon presentation by the Town Code Inspector
V U
William H. Thrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
September 26, 2014, 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 VIOLATION(S) IS /ARE CORRECTED AND THEN RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATIONS)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate 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, he /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 Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. 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 Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance 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 MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate 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 to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
2-k
By: a L. Taylor, Town CIA
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
§ 70 -72 GULF STREAM CODE
d. For each one square foot of roof projection over the maximum permissible FAR, two square
feet of roof projection must be provided that are within the maximum permissible FAR, and
all shall remain forever unenclosed.
e. Prior to the issuance of a certificate of occupancy or certificate of completion, the owner of
the property shall prepare and record a deed restriction which, at a minimum, shall provide
that all roof projection areas required to remain unenclosed as per approval of this special
exception shall remain so for as long as the structure is in existence or exceeds the
maximum permissible FAR.
(Ord. No. 08 -5, § 2, 9 -5 -08)
Sec. 70 -73. Two -story structures.
(a) In order to limit the construction of bulkier homes with full second stories in districts with small
to medium lot sizes, the following restrictions shall be used:
(b) The use of architectural design features to provide variation among two -story single family homes
is required. One or more of the following features shall be incorporated within facades facing public or
private roadways on any new two -story, single family home in all zoning districts.
• Second -story setback (minimum five feet setback, in addition to ground level front setback)
• Front parch (minimum eight feet depth)
• Balcony (minimum 24 square feet)
• Arcade
The town commission may waive this requirement within subsection (b) if the applicant can demonstrate
that these features are inconsistent with the home's architectural style and that the desired visual
variation is provided through other measures.
(Ord. No. 00 -1, § 26, 3- 10 -00; Ord. No. 12 -4, § 11, 7- 13 -12)
Sec. 70 -74. Setbacks.
(a) Minimum building setbacks. The following table provides the minimum setback requirements for
principal and minor accessory structures. Those accessory structures not defined as "minor" shall meet
the same setbacks as principal structures.
CD70:32
3 44-B
Gulf Stream
I
Core
Ocean West
Beach front
NorthlSouth
Place au Soleil
Maximum Sec-
.70 x first floor
.70 x first floor
.70 x first floor
.70 x first floor
.70 x first floor
and Floor Area
area
I area
area
area
area
(b) The use of architectural design features to provide variation among two -story single family homes
is required. One or more of the following features shall be incorporated within facades facing public or
private roadways on any new two -story, single family home in all zoning districts.
• Second -story setback (minimum five feet setback, in addition to ground level front setback)
• Front parch (minimum eight feet depth)
• Balcony (minimum 24 square feet)
• Arcade
The town commission may waive this requirement within subsection (b) if the applicant can demonstrate
that these features are inconsistent with the home's architectural style and that the desired visual
variation is provided through other measures.
(Ord. No. 00 -1, § 26, 3- 10 -00; Ord. No. 12 -4, § 11, 7- 13 -12)
Sec. 70 -74. Setbacks.
(a) Minimum building setbacks. The following table provides the minimum setback requirements for
principal and minor accessory structures. Those accessory structures not defined as "minor" shall meet
the same setbacks as principal structures.
CD70:32
3 44-B
GULF STREAM DESIGN MANUAL
q 70 -75
CCCL refers to the Coastal Construction Control Line established in 1978.
Refer also to section 79 -75(j).
(b) Special setback requirements.
(1) Effective lot area. All setbacks shall be measured from the lot lines established under the effective
lot area definition.
(2) Driveways. A five -foot minimum setback is required except for the driveway apron.
(3) Patios and decks up to eight inches higher than highest abuttinggrade. The setback is a minimum
of three feet from all property lines.
(4) Walls and fences adjacent to streets. No setback is required provided the wall or fence is located
on the property (not on the right -of -way) and at least five feet from the edge of the pavement.
Walls and fences in the Ocean West District shall be a minimum of 12 feet from the AIA
right -of -way line. At street corners, a visibility triangle shall be provided for a minimum distance
of ten feet in both directions from the intersecting point of property lines. No wall or fence shall
be located in the visibility triangle.
(5) Walls and fences not adjacent to streets. No setback is required.
(Ord. No. 00 -1, §§ 26, 29, 30, 3- 10 -00)
Sec. 70 -75. Special exception setbacks.
(a) Mechanical equipment on lots less than 20,000 square feet.
(1) Minimum setback. The minimum setback for side (interior) is ten feet.
(2) Specific standards for review.
a. Conforming locations for proposed equipment are impractical, significantly more expensive
or have a significant adverse impact on the site plan in terms of the overall site design or
relationships between site plan elements including, but not limited to, structures, patios,
driveways and landscaping.
CD70:33
Gulf Stream
Place au
Core
Ocean West
Beach oat
North l South
Soleil
Front
Principal
30
30
25
30
30
Address
other than
Minor Ace.
25
30
25
25
25
AIA
Side
Principal
Total of both side setbacks shall be a minimum of 30% of the lot width;
Interior
however, no single side setback shall be less than 15 feet.
Minor Ace.
12
15
15
12
12
Street
Principal
20
30
20
20
20
Not front nor
IVlinor Acc.
17
25
17
17
17
AIA
Rear
Principal
20
20
25 /CCCL'
20
20
Interior/
Minor Ace.
15
15
15 /CCCL'
15
15
Beach
AIA
Principal
30
50
50
Regardless of
N/A
N/A
Minor Ace.
25
30
30
Address
Water
Principal
50'
30
30
30
Connected to
N/A
Minor Ace.
20
20
20
20
ICWW
CCCL refers to the Coastal Construction Control Line established in 1978.
Refer also to section 79 -75(j).
(b) Special setback requirements.
(1) Effective lot area. All setbacks shall be measured from the lot lines established under the effective
lot area definition.
(2) Driveways. A five -foot minimum setback is required except for the driveway apron.
(3) Patios and decks up to eight inches higher than highest abuttinggrade. The setback is a minimum
of three feet from all property lines.
(4) Walls and fences adjacent to streets. No setback is required provided the wall or fence is located
on the property (not on the right -of -way) and at least five feet from the edge of the pavement.
Walls and fences in the Ocean West District shall be a minimum of 12 feet from the AIA
right -of -way line. At street corners, a visibility triangle shall be provided for a minimum distance
of ten feet in both directions from the intersecting point of property lines. No wall or fence shall
be located in the visibility triangle.
(5) Walls and fences not adjacent to streets. No setback is required.
(Ord. No. 00 -1, §§ 26, 29, 30, 3- 10 -00)
Sec. 70 -75. Special exception setbacks.
(a) Mechanical equipment on lots less than 20,000 square feet.
(1) Minimum setback. The minimum setback for side (interior) is ten feet.
(2) Specific standards for review.
a. Conforming locations for proposed equipment are impractical, significantly more expensive
or have a significant adverse impact on the site plan in terms of the overall site design or
relationships between site plan elements including, but not limited to, structures, patios,
driveways and landscaping.
CD70:33
GULF STREA -M DESIGN DL1 - \-L :4L, 5 70 -105
Sec. 70 -105. Garages and accessory buildings.
Garages, storage sheds, decks, and other ancillary structures are elements which should be integrated
with the principal building. Garages, and ancillary structures can have a negative impact on neighbors.
An inconsiderately placed or poorly designed structure can visually and functionally negate an othenvise
attractive residential area.
( 1) Preferred.
Garages and ancillary structures designed to respect the views from neighboring lots
Garages and ancillary structures integrated with the architectural style of the home
(2) Discouraged.
Screened enclosures visible from the street
(3) Prohibited.
All garages facing street on lots over 20,000 square feet not adequately screened or buffered from
roadways
Carports
Garage doors that dominate the front elevation
Metal storage sheds
Three -stall or larger garages on any lot not adequately screened or buffered from roadways
'Avo story screen enclosures
Typical Gulf Stream- Bermuda style garage on small lot. Color, material, and
roof consistent with principal building (preferred)
CD70:59
i
TOWN OF GULF STREAM
ARCHITECTURAL REVIEW AND PLANNING REPORT
Application #: 011 -12 Owner: Constance Swift
Address: 2562 Ave. Su Soleil Agent: Quinn Miklos
Proposed Improvement: Construct an attached 2,548 SF guest addition and a 3
car garage to an existing one -story, single family Gulf
Stream Bermuda dwelling.
Approvals Requested:
Level III Architectural /Site Plan: To permit construction of an attached 2,548 SF guest
addition and a 3 car garage to the existing 7,409 SF,
one - story, single family Gulf Stream Bermuda
dwelling.
Gross Lot size: 39,984 SF (Unity of Title) Effective Lot Area: 39,984 SF
Proposed Total Floor Area: SF
Zoning District: RS -P
Architectural Style: G/S Bermuda
Issues Considered During Review:
Article IV. Drainage Regulations
Allowable: 10,596.8 SF
Height: 20.0' (roof height :5 20' Preferred)
Neighborhood: Mixed
Note: This application has not provided a drainage plan and the development size and scope
will require a new Health Department permit. Final approval from the Health Department may
require a revision to the site plan.
Section 70 -70 Floor area calculations
Section 70 -74 Setbacks
Section 70 -99 Roof design slope and materials
Section 70 -100 Roof and eave heights
Section 70 -239 Windows
Recommendation:
Motion to recommend approval Level III Architectural /Site Plan based on a finding that the
proposed attached 2,548 SF guest addition, and a 3 car garage to the 7,348.5 SF, one -story, single
family Gulf Stream Bermuda dwelling meet the minimum intent of the Design Manual and
applicable review standards with the following conditions:
1. Prior to a CC the existing shed shall be removed.
2. If the proposed site plan is altered because of the requirements of the Health
Department a revised site plan will require ARPB approval.
-1�y
Architectural Review and Planning Board
ARPB File #011 -12
ARPB May 26,2011; TC June 10, 2011
Page 2
ARPB Date: May 26, 2011
Action:
Level III Architectural /Site Plan: Recommended Approval with 3 conditions, the 2 conditions
listed above and number 3, proposed plans must be submitted to the Place Au Soleil HOA for
their review and consideration. (5 -0)
TC Date: June 10, 2011
Action:
Level III Architectural/ Site Plan :Approved with 3 conditions: 1) Prior to a CO the existing
shed shall be removed. 2) If proposed site plan is altered because of requirements of the Health
Department, a revised site plan will require ARPB approval. 3) Builder will work with the
neighbors to protect their property from any damage during construction by placing stakes
along the property line to be removed after issuance of a CO. (4-0)
' J
tectural Review and Planning Board
ar Meeting and Public Hearing - May 26, 2011 Page 5
. Mr. Wietsma said it recesses back 20'6" and the second floor
tion recesses back another 4 feet.
Smith asked if the wall will go entirely around the property. Mr.
sma said yes, it is a block wall that will be stucco and most of it
.be in- filled with an aluminum railing. Mr. Frankel asked about the
er boxes and Mr. Wietsma explained that they are collection boxes to
h water from gushing into the courtyard. Mr. Thrasher asked if the
rs in the rendering are accurate and Mr. Wietsma confirmed that.
Wietsma said the exterior color is Navajo White, the roof is white,
shutters are a blue green, the front door is mahogany with white
.and the garage door is white.
Frankel moved and Mr. Murphy seconded to recommend approval of a
lition permit. There was no discussion. All voted AYE.
Frankel moved and Mr. Murphy seconded to recommend approval of a
!clearing permit. There was no discussion. All voted AYE.
Frankel moved and Mr. Murphy seconded to recommend approval of a
ial Exception to allow 244 SF of covered, unenclosed area that
eds the maximum allowable FAR. There was no discussion. All voted
Frankel moved and Mr. Murphy seconded to recommend approval of a
d III Architectural /Site Plan based on a finding that the proposed
lition of the existing structure and construction of a partial two-
-y Gulf Stream Bermuda style single - family dwelling with 2 -car
ge, consisting of 5,714.4 SF, and a swimming pool meet the minimum
nt of the Design Manual and applicable review standards with the
owing conditions:
Prior to the issuance of a certificate of occupancy, the owner of
property shall prepare and record a deed restriction which shall
ide that all roof projection and unenclosed covered areas shall
in so for as long as the structure is in existence or exceeds the
mum permissible FAR.
Prior to a certificate of occupancy a Gulf Stream Driveway
tenance and Removal Agreement will be signed by the owner and will
ecorded by the Town.
All exterior painting colors will conform to the Gulf Stream Code.
If not already, electric service lines shall be buried.
Placement of a generator shall meet the standards found in Noise
sion III Noise Abatement and control for generators.
Placement of front wall shall be a minimum of 7.5' from the edge of
'Pre was no discussion. All voted AYE.
?' 3. An application submitted by Quinn Miklos, Miklos and
Associates P.A., as agent for Constance Swift, owner of
property located at 2562 Avenue Au Soleil, Gulf Stream,
Florida 33483, legally described as Lot 42 & 43 in
Place Au Soleil Subdivision, Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of an attached 2,548 square foot guest
addition and 3 car garage to the existing 7,409 square
%.5--�
tectural Review and Planning Board
ar Meeting and Public Hearing - May 26, 2011 Page 6
foot, one - story, single family Gulf Stream Bermuda
dwelling.
n Miklos of Miklos & Associates introduced himself and stated his
ness address as 2263 NW Boca Raton Blvd., Boca Raton, Florida. He
he is the architect and husband of the home owner and has a vested
rest in this project. Mr. Miklos said there are two lots with a
y of Title and what they are proposing is a 2,548 SF guest addition
ched to the existing structure to include a 3 -car garage, two guest
ooms and a therapy room. He said it will be a continuation of the
itecture, with colors, windows and shutters matching the existing.
Miklos said the impact on their neighbors is very important to them
they plan to maintain their very rich landscaping on the property,
pt for one tree. He said there are very high and lush Fishtail
s on the property and they cannot see the neighbors. Mr. Miklos was
d about the entry to the guest addition. He said access is from
ide with a path from the main portion of the house to an outer door
ing to a covered area and into the addition.
.. airman Ganger asked if they are impacted by noise from the FIND
*^ Aoject. Mr. Miklos said occasionally, but they are blocked up with
.i; indscaping and they planted Sea Grapes back in that area. Mr. Thrasher
slid that FIND did their landscaping prior to pumping sludge. Mr.
Wrphy asked about the proposed floor area and Mr. Miklos said it is
57 SF. Vice - Chairman Morgan complimented Mr. Miklos on keeping with
tae architectural design and not building up. Mr. Murphy asked if there
§!ve been comments from the neighbors concerning and Mr. Miklos said
`only positive comments. Mr. Thrasher said that prior to landscaping of
[vacant lot, there were many comments from neighbors who asked the
if they could do something. He said the homeowners voluntarily
Ftalled a new water meter, irrigated the vacant lot, grew grass and
dscaped to a point where privacy is not an issue.
wr. _hrasher recommended that a condition be added to have the Place Au
eil HOA review the plans for their consideration. Mr. Murphy moved
d Mr. Frankel seconded to recommend approval of a Level III
architectural /Site Plan based on a finding that the proposed attached
548 SF guest addition, and a 3 -care garage to the 7,348.5 SF one -story
single- family Gulf Stream Bermuda dwelling meet the minimum intent of
e Design Manual and applicable review standards with the following
ditions:
Prior to a CO the existing shed shall be removed.
If the proposed site plan is altered because of the requirements of
Health Department a revised site plan will require ARPB approval.
Proposed plans must be submitted.to the Place Au Soleil HOA for
their review and consideration.
,hairman Ganger asked if there was an issue with the Health Department.
. Miklos said the Engineer is working on the septic tank matter, the
1lirveyor is working on the drainage plan and there should not be a
?roblem with the Health Department because, if they cannot connect to
the existing drainage, there is an abundance of land to work with and
.hey will submit a new plan. Clerk Taylor said they will not get a
hitectural Review and Planning Board
ular Meeting and Public Hearing - May 26, 2011 Page 7
lding permit if there is an issue and Mr. Thrasher said this matter
considered as a condition for approval. Mr. Miklos said he is in
eement with all recommendations. There was no further discussion.
voted AYE.
Items by Staff.
Thrasher said he had two items for discussion, the first being the
erty at 3575 N. Ocean Blvd., which was the Ireland Estate. He said
property is for sale with only the building pad and garage left in
tence. Mr. Thrasher said the recent approval process for this
ect was not successful and, after lengthy discussions with the owner
architect, they had three options to choose from. He said the first
on was removed by the Town Attorney and the other options were to
er challenge his administrative decision or apply for a variance,
neither was acceptable to the owner.
Thrasher said the third option omitted by the Town Attorney concerns
e 75% Rule. He said Mr. Randolph felt that since the house was
tally demolished there was no value and no ability to compare the
addition value to slab value because it would not comply. Mr. Thrasher
said the applicant plans to sell the property as a vacant lot and will
cone back to the ARPB for demolition of the garage and slab. He said
.here will be conditions for stabilization of the soil set at that time.
!s. Frankel said some work to rebuild had already begun. Mr. Thrasher
said by the time a conclusion was reached, progression had taken place.
Hr. Smith said he believed the approval was for renovation and asked why
:t was totally down. Mr. Thrasher said staff was told that the walls
fell during demolition. He said in order to rebuild they would have to
:onfcrm to the Code and all of the setbacks and the original structure
ias non- conforming so the slab must go.
flr. Thrasher said anytime you see a special exception which entails
:riding on to an existing structure, we must require a demolition plan be
submitted with data stating that the walls will remain. If the ARPB
foes not see a demolition plan the applicant must come back. He said
erode Section 70- 107(5) says additions and /or rehabilitation projects
rhich exceed 75% of the fair market value of the existing structure
shall be considered to be new structures and shall be subject to the
standards found in this chapter. Mr. Thrasher said there have been a
'duple of approvals that have been brought back because the demolition
Plan was first observed from the permit application. Clerk Taylor said
:he demolition plan must be seen at the time of ARPB application review
3ecause in some cases it is too late when they are applying for a
Permit. Mr. Thrasher said he does not feel comfortable reviewing a
demolition plan at the time of permit application to determine a 75%
n1le and has enlisted the assistance of the City of Delray Beach in
Previous cases for approval. He said Code Section 66.131(7) talks about
destruction through acts of God and fire, in which case it would be 50%
destruction by those forces.
k. Thrasher said, in seeking assistance and having conversations, a
+ritten document was provided by Urban Design Kilday Studios suggesting
, ,' d
Regular Meeting and Public Hearing
Town Commission - June 10, 2011
Page 6
next door. Mr. Wietsma said it is different wherein they changed the 2 °d
floor fagade, there is a recessed patio, the center of the home is
recessed back from the garage and the roof mitigates the issue of all
roofs blending in. Commissioner Wheeler observed from the rendering
that the front roof line on the left side is shorter than the right and
asked Mr. Wietsma to explain. Mr. Wietsma said he wanted to break it up
to give it a more natural look and if he added more height he would be
over the FAR.
Commissioner Wheeler moved and Commissioner Devitt seconded to approve
the Demolition Permit. There was no discussion. All voted AYE.
Commissioner Wheeler moved and Commissioner Anderson seconded to approve
the Land Clearing Permit. There was no discussion. All voted AYE.
Commissioner Wheeler moved and Commissioner Anderson seconded to approve
the Special Exception to allow 244 SF of covered, unenclosed area that
exceeds the maximum allowable FAR. There was no discussion. All voted
AYE. Commissioner Wheeler moved and Commissioner Anderson seconded to
approve the Level III Architectural /Site Plan based on a finding that
the proposed demolition of the existing structure and construction of a
partial two -story Gulf Stream Bermuda style single family dwelling with
a 2 -care garage, consisting of 5,714.4 SF and a swimming pool meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
1. Prior to the issuance of a certificate of occupancy, the owner of
the property shall prepare and record a deed restriction which shall
provide that all roof projection and unenclosed covered areas shall
remain so for as long as the structure is in existence or exceeds the
maximum permissible FAR.
2. Prior to a certificate of occupancy a Gulf Stream Driveway and
Removal Agreement will be signed by the owner and will be recorded by
the Town.
3. All exterior painting colors will conform to the Gulf Stream code.
4. If not already, electric service lines shall be buried.
5. Placement of a generator shall meet the standards found in Noise
Division III Noise Abatement and control for generators.
6. Placement of front wall shall be a minimum of 7.5' from the edge of
pavement.
There was no discussion. All voted AYE.
3. An application submitted by Quinn Miklos, Miklos and
Associates P.A., as agent for Constance Swift, owner of
property located at 2562 Avenue Au Soleil, Gulf Stream,
Florida 33483, legally described as Lot 42 & 43 in Place
Au Soleil Subdivision, Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of an attached 2,548 square foot guest
addition and 3 car garage to the existing 7,409 square
foot, one - story, single family Gulf Stream Bermuda
dwelling.
Mr. Gregor Miklos of Miklos & Associates introduced himself and stated
that he was present to represent his son, Quinn Miklos, agent for
Constance Swift who owns the property located at 2562 Ave. Au Soleil.
He said they are proposing an addition to the existing home consisting
Of two bedrooms, a play room and a 3 -car garage, and will have the same
26
'Regular Meeting and Public Hearing
Town Commission - June 10, 2011
Page 7
architecture and characteristics of the existing home. He said the
driveway will cut in behind the existing landscaping.
Commissioner Anderson commented that the home will be very long and
asked if the landscaping is adequate to mask the mass of the home. Mr.
Miklos said there is a lot of existing landscaping and none of it will
be removed. Mr. Thrasher said that it is his opinion that the existing
landscaping is adequate and commented that this property was originally
two separate lots which were recently unified. He said there was some
concern that the empty lot would remain open; however, Mrs. Swift
planted landscaping material in the vacant lot to obscure all existing
structures, including the proposed addition.
Mr. Julio Martinez, President of the Place Au Soleil Homeowners
Association, introduced himself and said he lives at 2564 Avenue Au
Soleil which is directly across the street from the subject property.
He stated that what the property owners have done with the landscaping
on this property is great and he was not present to dispute the project.
Mr. Martinez said that neighboring property owners do have a concern
that their lawns will suffer damage by contractors running over their
property during the construction. Mr. Miklos said that some damage
usually occurs during construction and he will be sure that any damage
to neighboring properties will be repaired. Commissioner Anderson
commented that the contractor for the new construction on Emerald Row
placed white cylinders along the property line to protect other
properties. Mr. Miklos said he can do the same and he will work with
the neighbors, but he is concerned about causing damage to the existing
landscaping on the Swift property. Mr. Thrasher stated that a $2,500
damage bond will be required prior to issuance of a building permit and
the Town will observe and check with neighbors to be sure everyone is
satisfied prior to the issuance of a Certificate of Occupancy.
Commissioner Anderson moved and Commissioner Devitt seconded to approve
the Level III Architectural /Site Plan based on a finding that the
proposed attached 2,548 SF guest addition and a 3 -car garage to the
7,348.5 SF one -story single family Gulf Stream Bermuda dwelling meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
1. Prior to a CC the existing shed shall be removed. ,
2. If the proposed site plan is altered because of the requirements of
the Health Department a revised site plan will require ARPB approval.
3. Builder will work with the neighbors to protect their property from
any damage during construction by placing stakes along the property line
to be removed after the issuance of a Certificate of Occupancy.
There was no discussion. All voted AYE.
B. Presentations Regarding Gray Slate -like Roof Tile
Clerk Taylor administered the Oath to Mark Marsh of Bridges, Marsh &
Associates.
Mr. Brewer stated that he set several gray slate -like tiles on the roof
Of 1314 M. Ocean Blvd., took a photo of that section and provided the
Photo for distribution to the Commissioners, along with the address of a
home across the basin with the same roof tile. Vice -Mayor Orthwein said
she would prefer a tile that looked more like slate. Both Mr. Brewer
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
WILLIAM F. KOCH, JR. Mayor
JOAN K. ORTHWEIN. Vice Mayor
FRED S. DEVITT IN
CHRIS D. WHEELER
MURIEL J. ANDERSON
June 17, 2011
Constance Swift - Miklos
2562 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Mrs. Swift - Miklos:
Telephone
(561) 275 -5116
Fox
(561) 737 -0155
Town Manager
WILLIAM H.THFASHER
Town Clerk
RITA LTAYLOR
This is to confirm that at the Public Hearing held by the Town
Commission on June 10, 2011, your application for a Level 3
Architectural /Site Plan Review to permit construction of an
attached 2,548 square foot guest addition and 3 car garage to the
existing 7,409 square foot, one - story, single family Gulf Stream
Bermuda style dwelling at the above address was considered.
The application was approved conditioned upon the following: 1)Prior
to a Certificate of Completion, the existing shed shall be removed.
2) If the proposed site plan is altered because of the requirements
of the Health Department, a revised site plan will require ARPB
approval. 3) Builder will work with the neighbors to protect their
property from any damage during construction by placing stakes
along the property line that must be removed after the issuance of
a Certificate of Completion.
This approval shall expire on June 10, 2012 if a Building Permit
Application, including the aforementioned improvements, has not
been applied for.
a truly �rs,
Rita L. j
Town Clerk
cc: Miklos & Associates P.A.
100 SEA ROAD, GULF STREAM, FLORIDA 33483
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
JOAN K. ORTHWEIN, Mayor
THOMAS M. STANLEY, Vice -Mayor
W. GARRE17 DERING
ROBERT W. GANGER
DONNA S. WHITE
November 7, 2013
Ms. Constance S.M. Swift
2562 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Ms. Swift:
Telephone
(561)276.5116
Fax
(561)737.0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
The Town is in receipt of your letter dated October 22, 2013. After
careful review of your comments the Town's position remains unchanged.
Before a Certificate of Completion will be issued, the existing shed
must be removed. Town records for the approval process clearly
indicate your agents had knowledge of this specific condition of
approval. In addition, both in the ARPB and Town Commission public
hearings, there was no objection by your agent to the condition
requiring the removal of the shed.
The Town also checked through historical records for a permit for
the installation or construction of your existing shed. Upon
completion of that search, there was no record of a permit. The
approval of your improvements was granted with the conditions, none
of which were challenged. Conformity to the Code, Section 70- 105(3)
is now required. Other properties referenced in your letter that
have an existing shed(s) have not sought development approval and
therefore are "grandfathered" from similar enforcement; Town Code
Section 1 -8. (A "link" to the Town Code is on the Town's Website)
This letter is to inform you—that unless the shed is removed within
45 days of this date, December 22, 2013, a hearing will be scheduled
before the Special Magistrate. At this hearing the Special Magistrate
could assess fines up to $250.00 per day. It is my hope that such
actions will not be necessary. Your home is beautiful and it
greatly benefits your neighborhood and the Town of Gulf Stream. On
behalf of the Town, thank you for your efforts.
Sincerely,
William H. Thrasher
Town Manager
Encls: Staff Report 011 -12, Partial Minutes ARPB held May 26, 2011,
Partial Minutes Town Commission held June 10, 2011
100 SEA ROAD, GULF STREAM, FLORIDA 33483 _
�8
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
COMMISSIONERS
JOAN K. ORTHWEIN, Mayor
THOMAS M. STANLEY, Vice -Mayor
W. GARRETT DERING
ROBERT W. GANGER
DONNA S. WHITE
November 7, 2013
Ms. Constance J.M. Swift
2562 Avenue Au Soleil
Gulf Stream, Florida 33483
Dear Ms. Swift:
�f F
v• �
i
Telephone
(561)276.5116
Fax
(561)737.0188
Town Manager
WILLIAM H. THRASHER
Town Clerk
RITA L TAYLOR
The Town is in receipt of your letter dated October 22, 2013. After
careful review of your comments the Town's position remains unchanged.
Before a Certificate of Completion will be issued, the existing shed
must be removed. Town records for the approval process clearly
indicate your agents had knowledge of this specific condition of
approval. In addition, both in the ARPB and Town Commission public
hearings, there was no objection by your agent to the condition
requiring the removal of the shed.
The Town also checked through historical records for a permit for
the installation or construction of your existing shed. Upon
completion of that search, there was no record of a permit. The
approval of your improvements was granted with the conditions, none
of which were challenged. Conformity to the Code, Section 70- 105(3)
is now required. Other properties referenced in your letter that
have an existing shed(s) have not sought development approval and
therefore are "grandfathered" from similar enforcement; Town Code
Section 1 -8. (A "link" to the Town Code is on the Town's Website)
This letter is to inform you that unless the shed is removed within
45 days of this date, December 22, 2013, a hearing will be scheduled
before the Special Magistrate. At this hearing the Special Magistrate
could assess fines up to $250.00 per day. It is my hope that such
actions will not be necessary. Your home is beautiful and it
greatly benefits your neighborhood and the Town of Gulf Stream. On
behalf of the Town, thank you for your efforts.
Sincerely,
William H. Thrasher
Town Manager
Encls: Staff Report 011 -12, Partial Minutes ARPB held May 26, 2011,
Partial Minutes Town Commission held June 10, 2011
100 SEA ROAD, GULF STREAM, FLORIDA 33483
r-
TOWN OF GULF STREAM
ARCHITECTURAL REVIEW AND PLANNING REPORT
Application #: 011 -12 Owner. Constance Swift
Address: 2562 Ave. Su Soleil Agent: Quinn Miklos
Proposed Improvement: Construct an attached 2,548 SF guest addition and a 3
car garage to an existing one -story, single family Gulf
Stream Bermuda dwelling.
Approvals Requested:
Level III Architectural /Site Plan: To permit construction of an attached 2,548 SF guest
addition and a 3 car garage to the existing 7,409 SF,
one -story, single family Gulf Stream Bermuda
dwelling.
Gross Lot size: 39,984 SF (Unity of Title) Effective Lot Area: 39,984 SF
Proposed Total Floor Area: SF
Zoning District: RS-P
Architectural Style: G/S Bermuda
Allowable: 10,596.8 SF
Height: 20.0' (roof height <_ 20' Preferred)
Neighborhood: Mixed
Issues Considered During Review:
Article IV. Drainage Regulations
Note: This application has not provided a drainage plan and the development size and scope
will require a new Health Department permit. Final approval from the Health Department may
require a revision to the site plan.
Section 70 -70 Floor area calculations
Section 70 -74 Setbacks
Section 70 -99 Roof design, slope and materials
Section 70 -100 Roof and eave heights
Section 70 -239 Windows
Recommendation:
Motion to recommend approval Level III Architectural /Site Plan based on a finding that the
proposed attached 2,548 SF guest addition, and a 3 car garage to the 7,348.5 SF, one -story, single
family Gulf Stream Bermuda dwelling meet the minimum intent of the Design Manual and
applicable review standards with the following conditions:
1. Prior to a CC the existing shed shall be removed.
2. If the proposed site plan is altered because of the requirements of the Health
Department a revised site plan will require ARPB approval.
Architectural Review and Planning Board
ARPB File #011 -12
ARPB May 26,2011; TC June 10, 2011 Page 2
ARPB Date: May 26, 2011
Action:
Level III Architectural /Site Plan: Recommended Approval with 3 conditions, the 2 conditions
listed above and number 3, proposed plans must be submitted to the Place Au Soleil HOA for
their review and consideration. (5 -0)
TC Date: June 10, 2011
Action:
Level III Architectural /Site Plan :Approved with 3 conditions: 1) Prior to a CO the existing
shed shall be removed. 2) If proposed site plan is altered because of requirements of the Health
Department, a revised site plan will require ARPB approval. 3) Builder will work with the
neighbors to protect their property from any damage during construction by placing stakes
along the property line to be removed after issuance of a CO. (40)
Architectural Review and Planning Board
Regular Meeting and Public Hearing - May 26, 2011 Page 5
wings. Mr. Wietsma said it recesses back 2016" and the second floor
elevation recesses back another 4 feet.
Mr. Smith asked if the wall will go entirely around the property. Mr.
Wietsma said yes, it is a block wall that will be stucco and most of it
will be in- filled with an aluminum railing. Mr. Frankel asked about the
copper boxes and Mr. Wietsma explained that they are collection boxes to
catch water from gushing into the courtyard. Mr. Thrasher asked if the
colors in the rendering are accurate and Mr. Wietsma confirmed that.
Mr. Wietsma said the exterior color is Navajo White, the roof is white,
the shutters are a blue green, the front door is mahogany with white
trim and the garage door is white.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
demolition permit. There was no discussion. All voted AYE.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
land clearing permit. There was no discussion. All voted AYE.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
special Exception to allow 244 SF of covered, unenclosed area that
exceeds the maximum allowable FAR. There was no discussion. All voted
AYE.
Mr. Frankel moved and Mr. Murphy seconded to recommend approval of a
Level III Architectural /Site Plan based on a finding that the proposed
demolition of the existing structure and construction of a partial two -
story Gulf Stream Bermuda style single - family dwelling with 2 -car
garage, consisting of 5,714.4 SF, and a swimming pool meet the minimum
intent of the Design Manual and applicable review standards with the
following conditions:
1. Prior to the issuance of a certificate of occupancy, the owner of
the property shall prepare and record a deed restriction which shall
provide that all roof projection and unenclosed covered areas shall
remain so for as long as the structure is in existence or exceeds the
maximum permissible FAR.
2. Prior to a certificate of occupancy a Gulf Stream Driveway
Maintenance and Removal Agreement will be signed by the owner and will
be recorded by the Town.
3. All exterior painting colors will conform to the Gulf Stream Code.
4. If not already, electric service lines shall be buried.
5. Placement of a generator shall meet the standards found in Noise
Division III Noise Abatement and control for generators.
6. Placement of front wall shall be a minimum of 7.5' from the edge of
pavement.
There was no discussion. All voted AYE.
3. An application submitted by Quinn Miklos, Miklos and
Associates P.A., as agent for Constance Swift, owner of
property located at 2562 Avenue Au Soleil, Gulf Stream,
Florida 33483, legally described as Lot 42 & 43 in
Place Au Soleil Subdivision, Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL /SITE PLAN REVIEW to permit
construction of an attached 2,548 square foot guest
addition and 3 car garage to the existing 7,409 square
Architectural Review and Planning Board
Regular Meeting and Public Hearing - May 26, 2011 Page 6
foot, one - story, single family Gulf Stream Bermuda
dwelling.
Quinn Miklos of Miklos & Associates introduced himself and stated his
business address as 2263 NW Boca Raton Blvd., Boca Raton, Florida. He
said he is the architect and husband of the home owner and has a vested
interest in this project. Mr. Miklos said there are two lots with a
Unity of Title and what they are proposing is a 2,548 SF guest addition
attached to the existing structure to include a 3 -car garage, two guest
bedrooms and a therapy room. He said it will be a continuation of the
architecture, with colors, windows and shutters matching the existing.
Mr. Miklos said the impact on their neighbors is very important to them
and they plan to maintain their very rich landscaping on the property,
except for one tree. He said there are very high and lush Fishtail
Palms on the property and they cannot see the neighbors. Mr. Miklos was
asked about the entry to the guest addition. He said access is from
outside with a path from the main portion of the house to an outer door
leading to a covered area and into the addition.
Chairman Ganger asked if they are impacted by noise from the FIND
project. Mr. Miklos said occasionally, but they are blocked up with
landscaping and they planted Sea Grapes back in that area. Mr. Thrasher
said that FIND did their landscaping prior to pumping sludge. Mr.
Murphy asked about the proposed floor area and Mr. Miklos said it is
9,957 SF. Vice - Chairman Morgan complimented Mr. Miklos on keeping with
the architectural design and not building up. Mr. Murphy asked if there
have been comments from the neighbors concerning and Mr. Miklos said
only positive comments. Mr. Thrasher said that prior to landscaping of
the vacant lot, there were many comments from neighbors who asked the
Town if they could do something. He said the homeowners voluntarily
installed a new water meter, irrigated the vacant lot, grew grass and
landscaped to a point where privacy is not an issue.
Mr. Thrasher recommended that a condition be added to have the Place Au
Soleil HOA review the plans for their consideration. Mr. Murphy moved
and Mr. Frankel seconded to recommend approval of a Level III
Architectural /Site Plan based on a finding that the proposed attached
2,548 SF guest addition, and a 3 -care garage to the 7,348.5 SF one -story
single - family Gulf Stream Bermuda dwelling meet the minimum intent of
the Design Manual and applicable review standards with the following
conditions:
1. Prior to a CO the existing shed shall be removed. /
2. If the proposed site plan is altere ecause of the requirements of
the Health Department a revised site plan will require ARPB approval.
3. Proposed plans must be submitted to the Place Au Soleil HOA for
their review and consideration.
Chairman Ganger asked if there was an issue with the Health Department.
Mr. Miklos said the Engineer is working on the septic tank matter, the
Surveyor is working on the drainage plan and there should not be a
problem with the Health Department because, if they cannot connect to
the existing drainage, there is an abundance of land to work with and
they will submit a new plan. Clerk Taylor said they will not get a
'Architectural Review and Planning Board
Regular Meeting and Public Hearing - May 26, 2011 Page 7
building permit if there is an issue and Mr. Thrasher said this matter
was considered as a condition for approval. Mr. Miklos said he is in
agreement with all recommendations. There was no further discussion.
11 vote
VII. Items by Staff.
Mr. Thrasher said he had two items for discussion, the first being the
property at 3575 N. Ocean Blvd., which was the Ireland Estate. He said
the property is for sale with only the building pad and garage left in
existence. Mr. Thrasher said the recent approval process for this
project was not successful and, after lengthy discussions with the owner
and architect, they had three options to choose from. He said the first
option was removed by the Town Attorney and the other options were to
either challenge his administrative decision or apply for a variance,
and neither was acceptable to the owner.
Mr. Thrasher said the third option omitted by the Town Attorney concerns
the 75% Rule. He said Mr. Randolph felt that since the house was
totally demolished there was no value and no ability to compare the
addition value to slab value because it would not comply. Mr. Thrasher
said the applicant plans to sell the property as a vacant lot and will
come back to the ARPB for demolition of the garage and slab. He said
there will be conditions for stabilization of the soil set at that time.
Mr. Frankel said some work to rebuild had already begun. Mr. Thrasher
said by the time a conclusion was reached, progression had taken place.
Mr. Smith said he believed the approval was for renovation and asked why
it was totally down. Mr. Thrasher said staff was told that the walls
fell during demolition. He said in order to rebuild they would have to
conform to the Code and all of the setbacks and the original structure
was non - conforming so the slab must go.
Mr. Thrasher said anytime you see a special exception which entails
adding on to an existing structure, we must require a demolition plan be
submitted with data stating that the walls will remain. If the ARPB
does not see a demolition plan the applicant must come back. He said
Code Section 70- 107(5) says additions and /or rehabilitation projects
which exceed 75% of the fair market value of the existing structure
shall be considered to be new structures and shall be subject to the
standards found in this chapter. Mr. Thrasher said there have been a
couple of approvals that have been brought back because the demolition
plan was first observed from the permit application. Clerk Taylor said
the demolition plan must be seen at the time of ARPB application review
because in some cases it is too late when they are applying for a
permit. Mr. Thrasher said he does not feel comfortable reviewing a
demolition plan at the time of permit application to determine a 75%
rule and has enlisted the assistance of the City of Delray Beach in
previous cases for approval. He said Code Section 66.131(7) talks about
destruction through acts of God and fire, in which case it would be 50%
destruction by those forces.
Mr. Thrasher said, in seeking assistance and having conversations, a
written document was provided by Urban Design Kilday Studios suggesting
Regular Meeting and Public Hearing
Town Commission= June 10, 2011 Page 6
next door. Mr. Wietsma said it is different wherein they changed the 2nd
floor fagade, there is a recessed patio, the center of the home is
recessed back from the garage and the roof mitigates the issue of all
roofs blending in. Commissioner Wheeler observed from the rendering
that the front roof line on the left side is shorter than the right and
asked Mr. Wietsma to explain. Mr. Wietsma said he wanted to break it up
to give it a more natural look and if he added more height he would be
over the FAR.
Commissioner Wheeler moved and Commissioner Devitt seconded to approve
the Demolition Permit. There was no discussion. All voted AYE.
Commissioner Wheeler moved and Commissioner Anderson seconded to approve
the Land Clearing Permit. There was no discussion. All voted AYE.
Commissioner Wheeler moved and Commissioner Anderson seconded to approve
the Special Exception to allow 244 SF of covered, unenclosed area that
exceeds the maximum allowable FAR. There was no discussion. All voted
AYE. Commissioner Wheeler moved and Commissioner Anderson seconded to
approve the Level III Architectural /Site Plan based on a finding that
the proposed demolition of the existing structure and construction of a
partial two -story Gulf Stream Bermuda style single family dwelling with
a 2 -care garage, consisting of 5,714.4 SF and a swimming pool meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
1. Prior to the issuance of a certificate of occupancy, the owner of
the property shall prepare and record a deed restriction which shall
provide that all roof projection and unenclosed covered areas shall
remain so for as long as the structure is in existence or exceeds the
maximum permissible FAR.
2. Prior to a certificate of occupancy a Gulf Stream Driveway and
Removal Agreement will be signed by the owner and will be recorded by
the Town.
3. All exterior painting colors will conform to the Gulf Stream code.
4. If not already, electric service lines shall be buried.
5. Placement of a generator shall meet the standards found in Noise
Division III Noise Abatement and control for generators.
6. Placement of front wall shall be a minimum of 7.5' from the edge of
pavement.
There was no discussion. All voted AYE.
3. An application submitted by Quinn Miklos, Miklos and
Associates P.A., as agent for Constance Swift, owner of
property located at 2562 Avenue Au Soleil, Gulf Stream,
Florida 33483, legally described as Lot 42 & 43 in Place
Au Soleil Subdivision, Gulf Stream, Florida.
a. LEVEL 3 ARCHITECTURAL /SITS PLAN REVIEW to permit
construction of an attached 2,548 square foot guest
addition and 3 car garage to the existing 7,409 square
foot, one - story, single family Gulf Stream Bermuda
dwelling.
Mr. Gregor Miklos of Miklos & Associates introduced himself and stated
that he was present to represent his son, Quinn Miklos, agent for
Constance Swift who owns the property located at 2562 Ave. Au Soleil.
He said they are proposing an addition to the existing home consisting
of two bedrooms, a play room and a 3 -car garage, and will have the same
Regular Meeting and Public Hearing
Town Commission - June 10, 2011 Page 7
architecture and characteristics of the existing home. He said the
driveway will cut in behind the existing landscaping.
Commissioner Anderson commented that the home will be very long and
asked if the landscaping is adequate to mask the mass of the home. Mr.
Miklos said there is a lot of existing landscaping and none of it will
be removed. Mr. Thrasher said that it is his opinion that the existing
landscaping is adequate and commented that this property was originally
two separate lots which were recently unified. He said there was some
concern that the empty lot would remain open; however, Mrs. Swift
planted landscaping material in the vacant lot to obscure all existing
structures, including the proposed addition.
Mr. Julio Martinez, President of the Place Au Soleil Homeowners
Association, introduced himself and said he lives at 2564 Avenue Au
Soleil which is directly across the street from the subject property.
He stated that what the property owners have done with the landscaping
on this property is great and he was not present to dispute the project.
Mr. Martinez said that neighboring property owners do have a concern
that their lawns will suffer damage by contractors running over their
property during the construction. Mr. Miklos said that some damage
usually occurs during construction and he will be sure that any damage
to neighboring properties will be repaired. Commissioner Anderson
commented that the contractor for the new construction on Emerald Row
placed white cylinders along the property line to protect other
properties. Mr. Miklos said he can do the same and he will work with
the neighbors, but he is concerned about causing damage to the existing
landscaping on the Swift property. Mr. Thrasher stated that a $2,500
damage bond will be required prior to issuance of a building permit and
the Town will observe and check with neighbors to be sure everyone is
satisfied prior to the issuance of a Certificate of Occupancy.
Commissioner Anderson moved and Commissioner Devitt seconded to approve
the Level III Architectural /Site Plan based on a finding that the
proposed attached 2,548 SF guest addition and a 3 -car garage to the
7,348.5 SF one -story single family Gulf Stream Bermuda dwelling meet the
minimum intent of the Design Manual and applicable review standards with
the following conditions:
1. Prior to a CC the existing shed shall be remoyea
2. If the proposed site plan is altered because of the requirements of
the Health Department a revised site plan will require ARPB approval.
3. Builder will work with the neighbors to protect their property from
any damage during construction by placing stakes along the property line
to be removed after the issuance of a Certificate of Occupancy.
There was no discussion. All voted AYE.
B. Presentations Regarding Gray Slate -like Roof Tile
Clerk Taylor administered the Oath to Mark Marsh of Bridges, Marsh &
Associates.
Mr. Brewer stated that he set several gray slate -like tiles on the roof
of 1314 N. Ocean Blvd., took a photo of that section and provided the
photo for distribution to the Commissioners, along with the address of a
home across the basin with the same roof tile. Vice -Mayor Orthwein said
she would prefer a tile that looked more like slate. Both Mr. Brewer
GULF STREAM DESIGN NL NUAL S 70 -105
Sec. 70 -105. Garages and accessory buildings.
Garages, storage sheds, decks, and other ancillary structures are elements which should be integrated
with the principal building. Garages, and ancillary structures can have a negative impact on neighbors.
An inconsiderately placed or poorly designed structure can visually and functionally negate an otherwise
attractive residential area.
(1) Preferred.
Garages and ancillary structures designed to respect the views from neighboring lots
Garages and ancillary structures integrated with the architectural style of the home
(2) Discouraged.
Screened enclosures visible from the street
(3) Prohibited.
All garages facing street on lots over 20,000 square feet not adequately screened or buffered from
roadways
Carports
Garage doors that dominate the front elevation
Metal storage sheds
Three -stall or larger garages on any lot not adequately screened or buffered from roadways
Two story screen enclosures
Typical Gulf Stream- Bermuda style garage on small lot. Cslur, material. and
roof consistent milli principal building (preferred)
CD70:59
Transmission Report
DateMme 10 -09 -2013 03:21:18 p.m. Transmit Header Text
Local ID 1 5617370188 Local Name 1
This document : Confirmed
(reduced sample and details below)
Document size : 8.5''x11 rr
TOWN OF GULF STREAM
PALM BEACH COUNT', FLORIDA
SSMMISSISM119
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June 17, 2011
Constance Swift - Miklos
2562 Avenue Au Solail
Gulf Stream, Florida 33483
Dear Mrs. Swift - Miklos:
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This is to confirm that at the Public Hearing held by the Town
Commission on June 10, 2011, your application for a Level 3
ArcbitecturallSite Plan Review to permit construction of an
attached 2,548 square foot guest addition and 3 car garage to the
existing 7,409 square foot, one -story, single family Gulf Stream
Bermuda style dwelling at the above address was considered.
The application was approved conditioned upon the followings 1)Prior
to a Certificate of Completion, the existing abed shell be removed.
2) If the proposed site plan is altered because of the requirements
of the Health Department, a revised site plan will require ARPB
Approval. 3) Builder will work with the neighbors to protect their
property from any damage during construction by placing stakes
along the property line that moat be removed after the issuance of
a Certificate of Completion.
This approval sball expire on June 10, 2012 if a Building Permit
Application, including the aforementioned improvements, has not
been applied for.
V� truly yo
Rita L. Taylor
Town Clark
cc: Miklos & Associates P.A.
100 Sea Roles, GULF Siaeass, FLORIDA 33483
Total Pages Scanned : 1 Total Paoes Confirmed : 1
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00:00:58
1/1
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Abbreviations:
H5: Host send PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system
HR: Host receive PR: Polled remote RP: Report FA: Fail G3: Group 3
WS: Waiting send MS: Mallboxsave FF: Fax Forward TU: Terminated by user EC: Error Correct
Transmission Report
Date /Time 10 -09 -2013 03:46:57p.m. Transmit Header Text
Local ID 1 5617370188 Local Name 1 Fax
This document: Confirmed
(reduced sample and details below)
Document size : 8.5 "x11 "
Regular Meeting and Public Hearing
Town Commission - June 10, 2011 Page 7
architecture and characteristics of the existing home. He said the
driveway will cut in behind the existing landscaping.
Commissioner Anderson commented that the home will be very long an
asked if the landscaping is adequate to mask the mass of the home :'t-Mr.
Miklos said there is a lot of existing landscaping and none of it will
be removed. Mr. Thrasher said that it is his opinion that the existing
landscaping is adequate and commented that this property was originally
two separate lots which were recently unified. He said there was some
concern that the empty lot would remain open; however, Mrs. Swift
planted landscaping material in the vacant lot to obscure all existing
structures, including the proposed addition.
Mr. Julio Martinez, President of the Place Au Soleil Homeowners
Association, introduced himself and said he lives at 2564 Avenue Au
Soleil which is directly across the street from the subject pzoperty.
He stated that what the property owners have done with the landscaping
on this property is great and he was not present to dispute the project.
Mr. Martinez said that neighboring property owners do have a concern
that their lawns will Buffer damage by contractors running over their
property during the construction. Mr. Miklos said that some damage
usually occurs during construction and he will be sure that any damage
to neighboring properties will be repaired. Commissioner Anderson
commented that the contractor for the new construction on Emerald Row
placed white cylinders along the property line to protect other
properties. Mr. Miklos said he can do the same and he will work with
the neighbors, but he is concerned about causing damage to the existing
landscaping on the Swift property. Mr. Thrasher stated that a $2,500
damage bond will be required prior to issuance of a building permit and
the Town will observe and check with neighbors to be sure everyone is
satisfied prior to the issuance of a Certificate of Occupancy.
Cosmdasioner Anderson moved and Commissioner Devitt seconded to approve
the Level III Architectural /Site Plan based on a finding that the
Proposed attached 2,548 SF guest addition and a 3 -car garage to the
1,348.5 SF one -story single family Gulf Stream Bermuda dwelling meet the
minimum intent of the Design Manual and applicable review standards with
/the following conditions:
. Prior to a CC the existing shed shall be removed.
`2. If the proposed site plan is altered because of the requirements of
the Health Department a revised site plan will require ARPR approval.
3. Builder will work with the neighbors to protect their property from
any damage during construction by placing stakes along the property line
to be removed after the issuance of a Certificate of Occupancy.
There was no discussion. All voted AYE.
B. Presentations Regarding Gray Slate -like Roof Tile
clerk Taylor administered the Oath to Mark Marsh of Bridges, Marsh d
iat. Brewer stated that he set several gray slate -like tiles on the roof
of 1314 N. Ocean Blvd., took a photo of that section and provided the
,Photo for distribution to the Commissioners, along with the address of a
30me across the basin with the same roof tile. Vice -Mayor Orthwein said
he would prefer a tile that looked more like slate. Both Mr. Brewer
Total Pages Scanned : 1 Total Pages Confirmed : 1
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HR: Host receive PR: Polled remote RP: Report FA: Fall G3: Group 3
WS: Waiting send MS: Mallboxsave FF: Fax Forward TU: Terminated by user EC: Error Correct
Job
Remote5tation
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Pages
Line
Made
Job Type
Results
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001
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5612652155
03:44:30 p.m. 10
00:01:55
1
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Abbreviations:
HS: Host send PL: Polled local MP: Mailbox print CP: Completed TS: Terminated by system
HR: Host receive PR: Polled remote RP: Report FA: Fall G3: Group 3
WS: Waiting send MS: Mallboxsave FF: Fax Forward TU: Terminated by user EC: Error Correct
October 22, 2013
Mr. William Trasher
Town Manager
Town of Gulf Stream
100 Sea Road
Town of Gulf Stream, Fl 33483
Dear Mr. Trasher,
Sometimes during the interaction between Government and their Citizenry; Government
imposes requirements that at the moment may seem prudent but in retrospect are proven to
be arbitrary, capricious and injurious. It is with benign intent that I bring forth such a
requirement by the Town of Gulf Stream that was foisted upon me during the application
process of our Residential Addition. As you are aware, the Town's Staff placed, as a condition
of approval, the removal of an existing shed in return for the approval of a viable and fully
compliant Residential Addition. Even the most dispassionate observer would acknowledge that
the Town constructed an improper, discriminatory and unenforceable quid pro quo condition
that required the Applicant to surrender the legal rights of Ownership in order to gain
Governmental approval for an unassociated, compliant Residential Addition. Let me quickly
disabuse you of the notion that any Government at the Local, State or Federal level has the
expressed authority to coercive a Citizen into the forfeiture of property when that Citizen seeks
to develop their premises in a legal a manner. When the Town refused approval of the
Residential Addition unless the condition shed removal was met, the Town disenfranchised the
Applicant to such a compromising extent that the Applicant's free consent and self -
determination was nullified. Frankly, not only is the Town's actions reprehensible but they are
non - codified and willfully abusive. The Town's deportment usurps long standing State and
Federal protections of the Citizenry.
It is important to memorialize the general conditions and circumstances of the application for
the Residential addition.
A. The Residential Addition exceeded all prevailing Codes of the Town of Gulfstream
B. The majority of the Residential Addition was located on a second residential lot that
was unified by title
C. The existing shed has been located on the first residential lot for over ten years
D. There has been a shed located on the first residential lot for nearly forty years
E. The Town has been aware of the existing shed since it's placement on site
F. The Town has never issued a letter of violation or non - compliance regarding the
shed
G. The Town's stated reasoning for the shed removal is a non - codified desire to remove
all shed's from the Town of Gulf Stream
H. The Town actions are outside the prevue of Code
The following addresses are a partial list of residents that appear to have similar ancillary
structures:
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
Several weeks ago I forwarded to the Town a request for the Certificate of Completion. Within
that request was documentation that the Residential Addition has received a Final Inspection
Approval from the City of Delray. As you know, this signifies complete compliance with the
approved Drawings and successfully concludes the construction process. I am respectfully
requesting that the Certificate of Completion be issued immediately.
Sincerely,
Constance J.M. Swift
Owner
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LEGEND:
= CENTERLINE
CONC. = CONCRETE
P = PLANTER
C.A. = CENTRAL ANGLE
I.R. = 5/8" IRON ROD WITH CAP #LB 353
O.R.B. = OFFICIAL RECORD BOOK
L.P. = LIGHT POLE
W.M. = WATER METER
= OVERHEAD UTILITY LINES
= CHAIN LINK FENCE
= WOOD FENCE
® ® = CONC. FENCE
+18.19 = ELEVATION BASED ON NATIONAL GEODETIC
VERTICAL DATUM 1929. SOURCE: FLORIDA GEOLOGICAL
SURVEY BENCH MARK "B -98"
FLOOD ZONE: B
DESCRIPTION:
LOT 42, PLACE AU SOLEIL, ACCORDING TO THE PLAT THEREOF
AS RECORDED IN PLAT BOOK 27, PAGE 69, PUBLIC RECORDS
OF PALM BEACH COUNTY, FLORIDA.
MAP OF BOUNDARY SURVEY
I HEREBY CERTIFY THAT THIS SURVEY WAS MADE UNDER MY RESPONSIBLE CHARGE
AND MEETS THE MINIMUM TECHNICAL STANDARDS AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS AND MAPPERS IN CHAPTER 61G17 -6, FLORIDA
ADMINISTRATIVE CODE, PURSUANT TO SECTION 472.027, FLORIDA STATUTES.
PAUL D. ENGLE
NOT VALID WITHOUT THE SIGNATURE AND SURVEYOR & MAPPER #5708
THE ORIGINAL RAISED SEAL OF A FLORIDA
LICENSED SURVEYOR AND MAPPER.
O'BRIEN, SUITER & O'BRIEN, INC.
1 nail) ' ,I iRVI I OP,
CERTIFICATE OF AUTHORIZATION #LB353
SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAUL D. ENGLE
2601 NORTH FEDERAL HIGHWAY, DELRAY BEACH, FLORIDA 33483
(561) 276 -4501 732 -3279 FAX 276 -2390
DATE OF SURVEY REVISED: 11/21/03 - ADDITIONAL SCALE:
JULY 9, 2003 LOCATIONS AND ELEVATIONS 1" = 20'
FIELD BOOK PAGE NO. ORDER NO.:
D269 61 85- 181db "A"
LOT 42
.,4> -7r/,( / ve -4 ) 7 �)
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Zouing Department
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
CASE NO: CE 4 -14
Ph. (561) 276 -5116
Fax (561) 737 -0188
8 -2 -14
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
I. Location/Address where violation(s) exist(s): 2562 Avenue Au Soleil, Gulf Stream, FL
2. Legal Description: Lots 42 & 43 Place Au Soleil Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s)ponstance J. Swift
2562 Avenue Au Soleil, Gulf Stream, FL 33483
Removal of an existing shed was a
4. Violation of Town Code Section(s) and description(s): condition attached to the approval
of a large addition to an existing residence. The shed is in violation of Sec.
70 -74' that requires accessory structures to be placed 15' inside the rear property
li'n-e--a-na in violation o - pro i s mUraj. sneas. Th e is
no record in the file that the shed was ever originally permitted. The addition
was completed and the Town has refused to issue a Certificate of Completion
as the shed has not been removed as was the condition that ties placed at the
tone H 1 I AUHNJ - EXHIBITS OF VIOLATION')
5. Date of First Inspection: 9-4 -13
6. Date owner first notified of violation(s): 11 -7 -13
Date on/by, which violations are to be corrected: August 13, 2014
* * * * * * * * * * * * * * * * * * * * * * * * ** +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 HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on Aucq. 20, 2014 at 2 P.M. or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE 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 Magistrate may base his /her findings
solely upon presentation by the Town Code Inspector
Kiti'!
Wl liam H. Thrasher, own Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
Buq 15. 2014 , 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 VIOLATIONS) CORRECTION, OR IF THE VIOLA TIME
TIONS) IS//ARE CORRECTED AND THEN RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATION(S)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate 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, he /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 Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. 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 Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance 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 MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate 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 to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
By: Rita L. Taylor, Tow Clerk
Town of Gulf Stre 1
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
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Bill Thrasher
From:
Quinn Miklos <quinn @miklosarchitecture.com>
Sent:
Thursday, August 07, 20141:46 PM
To:
Bill Thrasher
Subject:
Re: Notice
Bill,
As previously discussed we are away.
Please direct any documents to our attorney. In the past, I have sent you a notice of appearance from our attorney.
Now that our destiny appears to be towards civil litigation, any and all future correspondences should go through our
attorney without exception. We have very limited cell phone reception so we may be unresponsive to future
communications.
Thank you.
Sent from my !Phone
On Aug 7, 2014, at 1:33 PM, Bill Thrasher <bthrasher @gulf- stream.org> wrote:
Quinn,
Where does the official notice go? We assume you are not home as we have tried.
I think I can email to you and your attorney. Please advise?
Thanks,
M
William H. Thrasher
Town Manager, ICMA -CM
100 Sea Rd.
Gulf Stream, FL 33483
561- 276 -5116
561- 737 -0188 fax
www.gulf- stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the
intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail
and destroy all copies of the original message. Florida has a very broad public records law. Written
communications regarding Town of Gulf Stream business are public records available to the public upon
request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-
mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by phone or
in writing.
Dear Mr. Miklos:
This e-mail shall confirm our Friday, February 21, 2014 discussion in regard to the hearing set before
the Special Master on Tuesday, February 25, 2014 the subject matter of which relates to
Gulfstream's demand that you remove a wood shed which has been situated on your property for some
fifteen years. This e-mail shall further confirm that you have requested that I represent you at the
currently scheduled hearing. Although I am willing to assist you as counsel, in light of the short notice
provided to you by Gulfstream, I am unable to step in as legal counsel at this time. In fact I have a court
ordered hearing which I must attend on the date and time set for your hearing. Is there some justifiable
reason why Gulfstream provided you with such short notice? In any event, I would suggest that you
request that the February 25, 2014 Special Masters hearing be rescheduled so that you can have an
opportunity to retain counsel. In light of the fact that the shed which is the subject matter of the
dispute has been in place for over a decade I cannot imagine that there would be any prejudice to
Gulfstream if the hearing is continued in order to permit you to adequately defend yourself. To me it
does seem consistent with the principles of procedural due process to on the one hand provide a litigant
with insufficient notice of a hearing in which property rights are at issue, and on the other to refuse to
permit the litigant addition time to prepare a defense. That said if the hearing is continued I will then
be able to represent you and will commit to do so. Please let me know.
Ron D'Anna
Ronald E. D'Anna, Esquire
McClosky, D'Anna & Dieterle, LLP
2101 N.W. Corporate Boulevard
Suite 400
Boca Raton, Florida 33431 -7343
Telephone: 5 61.3 68.9200
Facsimile: 5 61.395.7050
W W W.mcclsokvda n na.com
www.mccloskvdanna.COM/ronald.htm
This e-mail message is confidential, intended only for the named recipient(s) above, and may contain
information that is confidential, privileged attorney work product or information exempt from disclosure under
applicable law. If you have received this message in error, or are not the named recipient(s), please immediately
notify the sender at (561) 368 -9200 and cl
Ron Wanna
may, Dma 'A 8..
Park
(561) 368 -9200 Work
(561) 395 -7050 Fax
r [om
2101 N.W.
BOCA RATON, FLORI...
http: //Y�w'n.mcdosky...
elete this e-mail message from your computer. Thank you.
ATI,Cl e -4 1 7 2—
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Building Planning and P11. (561) 276 -5116
Zoning Department Fax (561) 737 -5188
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
CASE NO: CE 4 -14
8 -2 -14
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
1. Location/Address where violation(s) exist(s): 2562 Avenue Au Soleil, Gulf Stream, FL
2. Legal Description: Lots 42 & 43 Place Au Soleil Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s)�Constance J. Swift
2562 Avenue Au Soleil, Gulf Stream, FL 33483
Removal of an existing shed was a
4. Violation of Town Code Section(s) and description(s): condition attached to the approval
of a large addition to an existing residence. The shed is in violation of Sec.
70 -74 that requires accessory structures to be placed 15' inside the rear property
line anct in violation ot Sec. - projIM17Es metal s is
no record in the file that the shed was ever originally permitted. The addition
was completed and the Town has refused to issue a Certificate of Completion
as the shed has not been removed as was the condition that was placed at the
(SEE ATTACHED "EXHIBITS OF VIOLATION ")
5. Date of First Inspection: 9 -4 -13
6. Date owner first notified of violation(s): 11 -7 -13
7. Date on/by, which violations are to be corrected: August 13, 2014
* * * * * * * * * * * * * * * * * * * * * * * * ** *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 HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on Aug. 20, 2014 at 2 P.M. or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE 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 Magistrate may base his /her findings
solely upon presentation by the Town Code Inspector
Wi liam H. Thrasher, own Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
Aug, 15_ 2014 , 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 VIOLATIONS) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR
CORRECTION, OR IF THE VIOLATION(S) IS /ARE CORRECTED AND THEN RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATION(S)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate 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, he /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 Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. 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 Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance 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 MAGISTRATE TO RECONSIDER YOUR CASE.
I£ a person decides to appeal any decision made by the Special Magistrate 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 to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
By: Rita L. Taylor, Tow Clerk
Town of Gulf Stre
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
Article #191
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Building Planning and Ph. (561) 276 -5116
Zoning Department Fax (561) 737 -0188
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
CASE NO: CE 4 -14 7 -10 -14
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
Location/Address where violation(s) exist(s): 2562 Avenue Au Soleil, Gulf Stream, FL
Legal Description: Lots 42 & 43 Place Au Soleil Subdivision
3. Name and address of gwner/ppe son in chargge whhe violation(s) exist(s): stance J. Swift
2562 Ave. Au Soleil, 6111 Stream, �L 33� 3
Removal of an existing shed was a
4. Violation of Town Code Section(s) and description(s)rondition attached to the approval
of a large addition to an existing residence. The shed is in violation of Sec.
70 -74 +ha+. reqiires ar raqsor�4 4- nint„rac }n ha nlarrarl 19v incirla }ha racer property
line and in violation of Sec. 70- 105(3) that prohibits metal sheds. There is
no record in the file that the shed was ever originally permitted. The addition
was Completed and the -irW hnq ra tc F ,cc, is n 0c i i,. - n- .. +;..,...
as the shed has not been removed as was the condition that was placed at the
(SEE ATTACHED "EXHIBITS OF VIOLATION')
Date of First Inspection:
9 -4 -13
6. Date owner first notified of violation(s): 11 -7 -13
7. Date on/by, which violations are to be corrected: July 29, 2014
* * * * * * * * * * * * * * * * * * * * * * * * ** *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 HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on August 5, 2014 at 10:00 A.M.or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE 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 Magistrate may base his /her findings
solely upon presentation by the Town Code Inspector
&L"� v�
William H. Thrash Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
August 1, 2014 , 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 VIOLATIONS) IS /ARE NOT CORRECTED IN THE TIME SPECIFIED FOR
CORRECTION, OR IF THE VIOLATIONS) IS /ARE CORRECTED AND THEN RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATIONS)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate 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, he /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 Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. 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 Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance 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 MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate 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 to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
By: Rita L. Taylor, Tow Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
Building Planning and
Zoning Department
CASE NO: CE 4 -14
A)-r; cl e -* 141
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Ph. (561) 276 -5116
CODE ENFORCEMENT SPECIAL MAGISTRATE Fax (561) 737 -0188
TOWN OF GULF STREAM, FLORIDA
7 -10 -14
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
1. Location/Address where violation(s) exist(s): 2562 Avenue Au Soleil, Gulf Stream, FL
2. Legal Description: Lots 42 & 43 Place Au Soleil Subdivision
3. Name and address of gwne ?.e[son in char ewe 3 iolation(s) exist(s): Constance J. Swift
2562 Ave. Au Soleil, Gulf Stream,
Removal of an existing shed was a
4. Violation of Town Code Section(s) and description(s)ondition attached to the approval
of a large addition to an existing residence. The shed is in violation of Sec.
711 -7d +h + a A�r Ss ry ¢+niri-iires to he ilarprl 151 insirle +hp rear property
line and in violation of Sec. 70- 105(3) that prohibits metal sheds. There is
no record in the file that the shed was ever originally permitted. The addition
was completed and the Town has refused to issue a Certificate o Comp etion
as the shed has not been removed as was the condition that was placed at the
E
rd
7
(SEE ATTACHED "EXHIBITS OF VIOLATION ")
Date of First Inspection:
9 -4 -13
Date owner first notified of violation(s): 11 -7 -13
Date on/by, which violations are to be corrected: July 29, 2014
* * * * * * * * * * * * * * * * * * * * * * * * ** *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 HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on August 5, 2014 at 10:00 A.M.or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE 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 Magistrate may base his /her findings
solely upon presentation by the Town Code Inspector
William H. Thrasher, Town Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
August 1, 2014 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 RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATION(S)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate 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, he /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 Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. 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 Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance 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 MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate 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 to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
F
By: Rita L. Taylor, Tow Clerk
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
§ 70 -72
GULF STREAM CODE
d. For each one square foot of roof projection over the maximum permissible FAR, two square
feet of roof projection must be provided that are within the maximum permissible FAR, and
all shall remain forever unenclosed.
e. Prior to the issuance of a certificate of occupancy or certificate of completion, the owner of
the property shall prepare and record a deed restriction which, at a minimum, shall provide
that all roof projection areas required to remain unenclosed as per approval of this special
exception shall remain so for as long as the structure is in existence or exceeds the
maximum permissible FAR.
(Ord. No. 08 -5, § 2, 9 -5 -08)
Sec. 70 -73. Two -story structures.
(a) In order to limit the construction of bulkier homes with full second stories in districts with small
to medium lot sizes, the following restrictions shall be used:
(b) The use of architectural design features to provide variation among two -story single family homes l
is required. One or more of the following features shall be incorporated within facades facing public or
private roadways on any new two -story, single family home in all zoning districts.
• Second -story setback (minimum five feet setback, in addition to ground level front setback)
• Front porch (minimum eight feet depth)
• Balcony (minimum 24 square feet)
• Arcade
The town commission may waive this requirement within subsection (b) if the applicant can demonstrate
that these features are inconsistent with the home's architectural style and that the desired visual
variation is provided through other measures.
(Ord. No. 00 -1, § 26, 3- 10 -00; Ord. No. 12 -4, § 11, 7- 13 -12)
Sec. 70 -74. Setbacks.
(a) Minimum building setbacks. The following table provides the minimum setback requirements for
principal and minor accessory structures. Those accessory structures not defined as "minor" shall meet
the same setbacks as principal structures.
CD70:32
Gulf Stream
Core
Ocean West
Beach front
North l South
Place au Soleil
Maximum Sec-
.70 x first floor
.70 x first floor
.70 x first floor
.70 x first floor
.70 x first floor
and Floor Area
area
area
area
area
area
(b) The use of architectural design features to provide variation among two -story single family homes l
is required. One or more of the following features shall be incorporated within facades facing public or
private roadways on any new two -story, single family home in all zoning districts.
• Second -story setback (minimum five feet setback, in addition to ground level front setback)
• Front porch (minimum eight feet depth)
• Balcony (minimum 24 square feet)
• Arcade
The town commission may waive this requirement within subsection (b) if the applicant can demonstrate
that these features are inconsistent with the home's architectural style and that the desired visual
variation is provided through other measures.
(Ord. No. 00 -1, § 26, 3- 10 -00; Ord. No. 12 -4, § 11, 7- 13 -12)
Sec. 70 -74. Setbacks.
(a) Minimum building setbacks. The following table provides the minimum setback requirements for
principal and minor accessory structures. Those accessory structures not defined as "minor" shall meet
the same setbacks as principal structures.
CD70:32
GULF STREAM DESIGN MANUAL § 70 -75
CCCL refers to the Coastal Construction Control Line established in 1978.
Refer also to section 70- 75(j).
(b) Special setback requirements.
(1) Effective lot area. All setbacks shall be measured from the lot lines established under the effective
lot area definition.
(2) Driveways. A five -foot minimum setback is required except for the driveway apron.
(3) Patios and decks up to eight inches higher than highest abutting grade. The setback is a minimum
of three feet from all property lines.
(4) Walls and fences adjacent to streets. No setback is required provided the wall or fence is located
on the property (not on the right -of -way) and at least five feet from the edge of the pavement.
Walls and fences in the Ocean West District shall be a minimum of 12 feet from the AIA
right- of-way line. At street corners, a visibility triangle shall be provided for a minimum distance
of ten feet in both directions from the intersecting point of property lines. No wall or fence shall
be located in the visibility triangle.
(5) Walls and fences not adjacent to streets. No setback is required.
(Ord. No. 00 -1, §§ 26, 29, 30, 3- 10 -00)
Sec. 70 -75. Special exception setbacks.
(a) Mechanical equipment on lots less than 20,000 square feet.
(1) Minimum setback. The minimum setback for side (interior) is ten feet.
(2) Specific standards for review.
a. Conforming locations for proposed equipment are impractical, significantly more expensive
or have a significant adverse impact on the site plan in terms of the overall site design or
relationships between site plan elements including, but not limited to, structures, patios,
driveways and landscaping.
CD70:33
Gulf Stream
Place au
Core
Ocean West
Beach front
North/S_o_uth
30
Soleil
30
Front
Principal
30
30
25
Address
other than
Minor Ace.
25
30
25
25
25
AlA
Side
Principal
Total of both side setbacks shall be a minimum of 30% of the lot width;
Interior
however, no single side setback shall be less than 15 feet.
Minor Ace.
12
15
15
12
12
Street
Principal
20
30
20
20
20
Not front nor
Minor Ace.
17
25
17
17
17
AlA
Rear
Principal
20
20
25 /CCCL
20
20
Interior/
Beach
Minor Ace.
15
30
15
50
15 /CCCL
15
15
AlA
Principal
50
Regardless of
26
30
30
N/A
N/A
Minor Ace
Address
Principal
50''
30
Water
30
30
Connected to
N/A
Minor Ace.
20
20
20
20
ICWW
CCCL refers to the Coastal Construction Control Line established in 1978.
Refer also to section 70- 75(j).
(b) Special setback requirements.
(1) Effective lot area. All setbacks shall be measured from the lot lines established under the effective
lot area definition.
(2) Driveways. A five -foot minimum setback is required except for the driveway apron.
(3) Patios and decks up to eight inches higher than highest abutting grade. The setback is a minimum
of three feet from all property lines.
(4) Walls and fences adjacent to streets. No setback is required provided the wall or fence is located
on the property (not on the right -of -way) and at least five feet from the edge of the pavement.
Walls and fences in the Ocean West District shall be a minimum of 12 feet from the AIA
right- of-way line. At street corners, a visibility triangle shall be provided for a minimum distance
of ten feet in both directions from the intersecting point of property lines. No wall or fence shall
be located in the visibility triangle.
(5) Walls and fences not adjacent to streets. No setback is required.
(Ord. No. 00 -1, §§ 26, 29, 30, 3- 10 -00)
Sec. 70 -75. Special exception setbacks.
(a) Mechanical equipment on lots less than 20,000 square feet.
(1) Minimum setback. The minimum setback for side (interior) is ten feet.
(2) Specific standards for review.
a. Conforming locations for proposed equipment are impractical, significantly more expensive
or have a significant adverse impact on the site plan in terms of the overall site design or
relationships between site plan elements including, but not limited to, structures, patios,
driveways and landscaping.
CD70:33
GULF STREAM DESIGN MANUAL § 70 -105
` See. 70 -105. Garages and accessory buildings.
Garages, storage sheds, decks, and other ancillary structures are elements which should be integrated
with the principal building. Garages, and ancillary structures can have a negative impact on neighbors.
An inconsiderately placed or poorly designed structure can visually and functionally negate an otherwise
attractive residential area.
(1) Preferred.
Garages and ancillary structures designed to respect the views from neighboring lots
Garages and ancillary structures integrated with the architectural style of the home
(2) Discouraged.
Screened enclosures visible from the street
(3) Prohibited.
All garages facing street on lots over 20,000 square feet not adequately screened or buffered from
roadways
Carports
Garage doors that dominate the front elevation
Metal storage sheds
Three -stall or larger garages on any lot not adequately screened or buffered from roadways
Two story screen enclosures
Typical Gulf Stream- Bermuda style garage on small lot. Color, material, and
roof consistent with principal building (preferred)
CD70:59
City of Delray Beach Florida
100 NW 1ST AVE
DELRAY BEACH FL 33444
CERTIFICATE OF OCCUPANCY /CERTIFICATE OF COMPLETION
Application Number
CO Issue Date
Parcel Number .
Property Address
Subdivision Name
Legal Description
Property Zoning .
Owner
Contractor
Description of Work .
Valuation . . . .
Construction Type .
Occupancy Type . . .
Flood Zone
DESIGN OCCUPANT LOAD
Building Code Edition
NOTES:
12- 00141573 000 000
9/04/13
20 43 46 04 22 000 0420
2562 AVENUE AU SOLEIL
DELRAY BEACH FL 33483
PLACE AU SOLEIL LT 42
UNKNOWN
SWIFT CONSTANCE J M
2562 AVE AU SOLEIL
DELRAY BEACH FL 33483 -6102
RIVER BIRCH HOMES
$UEST 184,372
TYPE V -B
RES- SINGLE FAMILY /DUPLEX
FLOOD ZONE AS GULFSTREAM
1.00
BC/ BC: 1994,1997,2001,2004,200 ,2010
NEW 1 342 GUEST HOUSE ATTACHED TO
EXISHNG RESIDENCE, 1,006 SQ /FT GARAGE
AND A 200 SQ /FT COVERED ENTRY.
Building Official Steve Tobias,
VOID UNLESS SIGNED BY BUILDING OFFICIAL OR DESIGNEE
The described portion of the structure has been inspected for
compliance with the requirements of the code for the occupancy
and division of occupancy and the use for which the proposed
occupancy is classified.
.ti .
EANl CODE
DIVISION 2. CODE ENFORCEMENT*
Sec. 2 -66. Title.
This division may be known and cited as the
"Code Enforcement Ordinance of the town of Gulf
Stream, Florida."
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -67. Special magistrate term.
(a) There is hereby established a special mag-
istrate who shall be designated by the town
commission.
(b) The special magistrate shall be appointed
for a term of two years and shall be appointed to
serve in an ex -officio capacity if the special ma;
istrate serves other local governments as a special
magistrate. Such service to other local govern-
ments does not create duties inconsistent with
serving as special magistrate to the Town of Gulf
Stream.
)c) The special magistrate shall be an attorney
and a member of the Florida Bar.
(d) The special magistrate shall serve at the
pleasure of the town commission.
(e) The special magistrate shall preside over
code enforcement matters scheduled to be heard
from time to time.
() Minutes shall be maintained at all hearings
presided over by the special magistrate; all hear-
ings shall be open to the public. The town shall
provide clerical and administrative personnel as
may be required by the special magistrate for the
proper performance of his/her duties.
(g) The town attorney or his/her designee shall
represent the town by presenting cases before the
special magistrate -
(Ord. No. 06 -02, § 1, 5 -5 -06)
State law reference—Special magistrates, F.S. § 162.03.
D2:4
*State law reference —Code enforcement, F.S. ch. 162.
j ADNIMSTR9TI0\ § 2 -69
Sec. 2 -68. Jurisdiction.
(a) The special magistrate shall have the juris-
diction and authority to hear and decide any
alleged violations of the following chapters of the
Code and ordinances of the town as the same may
be amended from time to time:
(1) Chapter 6, Animals;
(2) Chapter 10, Businesses, Professions and
Occupations;
(3) Chapter 18, Emergency Systems;
(4) Chapter 22, Nuisances;
(5) Chapter 26, Offenses;
(6) Chapter 38, NVatenvays;
(7) Chapter 42, Buildings and Building Reg-
ulations;
(8) Chapter 52, Marine Facilities, Structures
and Places; and
(9) Chapter 66, Zoning.
(10) Chapter 70, Design Manual.
(b) The jurisdiction of the special magistrate
shalt not be exclusive. Any alleged violation of any
of the aforesaid codes and ordinances may be
pursued by appropriate remedy in the court at the
option of the administrative official bearing re-
sponsibility for enforcement of that respective
code or ordinance.
(Ord. No. 06 -02, $ 1, 5 -5 -06)
Sec. 2 -69. Enforcement procedure.
(a) An employee of the town who is duly au-
thorized by the town manager and responsible for
the enforcement of such ordinances, hereinafter
referred to as a "code enforcement officer," may
initiate code enforcement proceedings and issue
citations or notices of violation to a person or
persons to appear in front of the special magis-
trate when .the code enforcement officer, upon
personal investigation, has reasonable cause to
believe that the person or persons are in violation
of the codes cited in this division. Employees who
may be designated as code enforcement officers
may include but are not limited to, code inspec-
tors, lave enforcement officers, public works in-
spectors, fire safety inspectors, and zoning inspec-
tors.
(b) If a violation of the codes is found, the code
inspector shall notify the violator, unless subsec-
tion (c) below applies, and give such violator a
reasonable time, which shall not exceed 30 days,
to correct the violation. Should the violation con-
tinue beyond the time specified for correction, the
code inspector shall notify the special magistrate
and request a hearing. The special magistrate
shall schedule a hearing, and written notice of
such hearing shall be hand delivered or mailed as
provided in section 2 -75 to the violator. At the
option of the special magistrate, notice may addi-
tionally be served by publication or posting as
provided in section 2 -75. If the violation is cor-
rected and then recurs or if the violation is not
corrected by the time specified for correction by
the code inspector, the case may be presented to
the special magistrate even if the violation has
been corrected prior to the special magistrate
hearing, the notice shall so state.
(c) If a repeat violation is found, the code
inspector shall notify the violator but is not re-
quired to give the violator a reasonable time to
correct the violation. The code inspector, upon
notifying the violator of a repeat violation, shall
notify the special magistrate and request a hear-
ing. The special magistrate shall schedule a hear-
ing and shall provide notice pursuant to section
2 -75. The case may be presented to the special
magistrate even if the repeat violation has been
corrected prior to the hearing, and the notice shall
so state. If the repeat violation has been cor-
rected, the special magistrate retains the right to
schedule a hearing to determine costs and impose
the payment of reasonable enforcement fees upon
the repeat violator. The repeat violator may choose
to waive his or her rights to this hearing and pay
the costs as determined by the special magistrate.
A repeat violation is a violation of a provision of a
code or ordinance by a person whom the special
magistrate has previously found to have violated
the same provision within five years prior to the
violation.
(d) If the code inspector has reason to believe a
violation of the condition causing the violation
presents a serious threat to the public health,
CD2:5
§ 2 -69
GULF STREAM CODE
safety, and welfare or if the violation is irrepara-
ble or irreversible in nature, the code inspector
shall make a reasonable effort to notify the viola-
tor and may immediately notify the special mag-
istrate and request a hearing.
(Ord. No. 06 -02, § 1, 5 -5 -06)
State law reference Similar provisions, F.S. § 162.06.
Sec. 2 -70. Conduct of hearings.
(a) At the hearing, the burden of proof shall be
upon the town to show by substantial competent
evidence that a violation did occur or does exist,
or has been repeated. Assuming proper notice of
hearing has been given to the respondent, either
as actual notice or as provided herein, a hearing
may proceed in the absence of the respondent.
(b) All testimony shall be under oath and shall
be recorded. The formal rules of evidence shall not
apply. Irrelevant, immaterial and unduly repeti-
tious evidence of a type commonly relied upon by
reasonable prudent persons in the conduct of
their affairs shall be admissible, whether or not
such evidence would be admissible at a trial in
the courts of the state. Documentary and physical
evidence may be admitted.
(c) The special magistrate may inquire of any
witness who is testifying before him/her. The
respondent, or his attorney and the town attorney
and his/her designee shall be permitted to inquire
of any witness before the special magistrate. The
special magistrate may call any witness deemed
necessary to provide a full and fair hearing of the
case.
(d) At the conclusion of the hearing, the spe-
cial magistrate shall issue findings of fact based
on evidence on the record and conclusions of law,
and shall issue an order affording the proper
relief consistent with the powers granted herein.
The order shall be stated orally at the meeting,
and shall be reduced to writing and mailed to the
alleged violator within ten working days after the
hearing. In the event the town prevails in prose-
cuting a case before the magistrate, it shall be
entitled to recover all costs incurred in prosecut-
ing the case before the special magistrate and
such costs may be included in the lien authorized
under section 2 -72 of this chapter. Administrative
costs, for purposes of this section, shall be $150.00.
The order entered by the magistrate shall in-
clude, in the event of noncompliance, a finding of
noncompliance, that the violator is required to
pay the town administrative costs in the amount
of $150.00, that the order must be complied with
by a specified date and that a fine, as well as the
cost of repairs, may be imposed if the order is not
complied with by such date. The administrative
costs shall be due regardless of whether the order
is complied with by the requisite date. A certified
copy of such order may be recorded in the public
records of the county and shall constitute notice
to any subsequent purchasers, successors in in-
terest, or assigns if the violation concerns real
property, and the findings therein shall be bind-
ing upon the violator and, if the violation concerns
real property, any subsequent purchasers or suc-
cessors in interest or assigns.
(Ord. No. 06 -02, § 1, 5 -5 -06; Ord. No. 09 -6, § 1,
11- 13 -09)
State law referenceSimitar provisions, F.S. § 162.07.
Sec. 2 -71. Powers.
CD2:6
The special magistrate shall have the power to
(1) Adopt rules for the conduct of his/her
meetings and hearings.
(2) Subpoena alleged violators and witnesses
to his/her hearings.
(3) Subpoena evidence as necessary for his/
her hearings, including, but not limited to
physical and documentary evidence such
as records, surveys, plats and photo-
graphs.
(4) Take testimony under oath.
(5) Issue orders having the force and effect of
law which can command whatever steps
are necessary to bring a violation into
compliance, such decision to be made at
the hearing and reduced to writing and
mailed to the respondent(s) within ten
working days thereafter.
(6) Establish and enforce fines pursuant to
section 2 -72.
(7) Authorize the town attorney to foreclose
on liens imposed pursuant to section 2 -72
which remain unpaid after a period of
three months.
, .. ,
ADM-ISTRATION
(8) Authorize the reduction of any fine he /she
has imposed.
(Ord. No. 06 -02, § 1, 5 -5 -06)
State law reference—Similar prm isioas, F.S. § 162.08.
Sec. 2 -72. Administrative fines, costs of re-
pair; liens.
(a) The special magistrate, upon notification
by the code inspector that an order of the special
magistrate has not been complied with by the set
time or, upon finding that a repeat violation has
been committed, may order the violator to pay a
fine in an amount specified in this section for each
day the violation continues past the date set by
the special magistrate for compliance or, in the
case of a repeat violation, for each day the repeat
violation continues, beginning with the date the
repeat violation is found to have occurred by the
special magistrate. In addition, if the violation is
a violation described in subsection 2 -69(d) of this
division, the special magistrate shall notify the
local governing body, which may make all reason-
able repairs which are required to bring the
property into compliance and charge the violator
with the reasonable cost of the repairs along with
the fine imposed pursuant to this section. If a
finding of a violation or a repeat violation has
been made as provided in this section, a hearing
shall not be necessary for issuance of the order
imposing the fine. If, after due notice and hearing,
a special magistrate finds a,, iolation to be irrep-
arable or irreversible in nature, it may order the
violator to pay a fine as specified in subsection (b),
below.
(b) A fine imposed pursuant to this section
shall not exceed $250.00 per day for a first viola-
tion, and shall not exceed $500.00 per day for a
repeat violation, and, in addition may include all
costs of repairs pursuant to subsection (a), above.
However, if the special magistrate finds the vio-
lation to be irreparable or irreversible in nature,
it may impose a fine not to exceed $5,000.00 per
violation.
(c) In determining the amount of the fine, if
any, the special magistrate shall consider the
following factors:
(1) The gravity of the violation;
§ 2 -73
(2) Any actions taken by the violator to cor-
rect the violation; and
(3) Any previous violations committed by the
violator.
(d) A certified copy of an order imposing a fine
may be recorded in the public record and thereaf-
ter shall constitute a lien against the land on
which the violation exists, and upon any other
real or personal property owned by the violator.
Upon petition to the circuit court, such order may
be enforced in the same manner as a court judg-
ment by the sheriffs of this state, including levy
against the personal property, but such order
shall not be deemed to be a court judgment except
for enforcement purposes. A fine imposed pursu-
ant to this section shall continue to accrue until
the violator comes into compliance or until a
judgment is rendered in a suit to foreclose on a
lien filed pursuant to this section, whichever
occurs first. A lien arising from a fine imposed
pursuant to this section runs in favor of the town
and the town may execute a satisfaction or re-
lease of a lien entered pursuant to this section.
After three months from the filing of any such lien
which remains unpaid, the town may authorize
the town attorney to foreclose on the lien. No lien
created pursuant to the provisions of this section
may be foreclosed on real property which is a
homestead under Section 4, Article X of the State
Constitution.
(Ord. No. 06 -02, § 1, 5 -5 -06)
State law reference—Similar pr risions, F.S. § 162.09.
Sec. 2 -73. Duration.
No lien provided under this division shall con-
tinue for a period longer than 20 years after the
certified copy of an order imposing a fine has been
recorded, unless within that time an action to
foreclose on the lien is commenced in a court of
competent jurisdiction. In an action to foreclose
on a lien, the prevailing party is entitled to
recover all costs, including a reasonable attor-
ney's fee, that it incurs in the foreclosures. The
town shall be entitled to collect all costs incurred
in recording and satisfying a valid lien. The
continuation of the lien effected by the commence-
ment of the action shall not be good against
CD2:7
§ 2 -73
GULF STREAMI CODE
creditors or subsequent purchasers for valuable
consideration without notice, unless a notice of lis
pendens is recorded.
(Ord. No. 06 -02, § 1, 5 -5 -06)
State law reference — Similar provisions, F.S. § 162.10.
Sec. 2 -74. Appeals.
An aggrieved party, including the town, may
appeal a final administrative order of the special
magistrate to the circuit court of Palm Beach
County, Florida. Such an appeal shall not be a
hearing de novo, but shall be limited to appellate
review of the record created before the special
magistrate. The appeal shall be filed within 30
days of the execution of the order to be appealed.
(Ord. No. 06 -02, § 1, 5 -5 -06)
State law reference — Similar provisions, PS. § 162.11.
Sec. 2 -75. Notices.
(a) All notices required by this section shall be
provided to the alleged violator by certified mail,
return receipt requested; by hand delivery by the
sheriff or other law enforcement officer, code in-
spector, or other person designated by the local
governing body; or by leaving the notice at the
violator's usual place of residence with any person
residing therein who is above 15 years of age and
informing such person of the contents of the
notice.
(b) In addition to providing notice as set forth
in this section, at the option of the special magis-
trate, notice may also be served by publication or
posting, as follows:
(1) Such notice shall be published once dur-
ing each week for four consecutive weeks
(four publications being sufficient) in a
newspaper of general circulation in Palm
Beach County, Florida. The newspaper
shall meet such requirements as are pre-
scribed under F.S. ch. 50 for legal and
official advertisements.
(2) Proof of publication shall be made as
provided in F.S. §§ 50.041 and 50.051.
(3) In lieu of publication as described in this
section, such notice may be posted for at
least ten days in at least two locations,
one of which shall be the property upon
which the violation is alleged to exist and
the other of which shall be at town hall.
(4) Proof of posting shall be by affidavit of the
person posting the notice, which affidavit
shall include a copy of the notice posted
and the date and places of its posting.
(c) Notice by publication or posting may run
concurrently with, or may follow, an attempt or
attempts to provide notice by hand delivery or by
mail as required under this section.
(d) Evidence that an attempt has been made to
hand deliver or mail notice as provided in this
section, together with proof of publication or post-
ing as provided in this section shall be sufficient
to show that the notice requirements of this
section have been met, without regard to whether
or not the alleged violator actually received such
notice.
(Ord. No. 06 -02, § 1, 5 -5 -06)
State law reference —Similar provisions, F.S. § 162.12.
Sec. 2 -76. Procedure to request that a fine
or lien imposed pursuant to sec-
tion 2 -72 be reduced; conditions
and criteria therefor.
(a) The owner of real property against which a
fine has been imposed pursuant to section 2 -72
may apply to the special magistrate, through the
town attorney or his/her designee, for a satisfac-
tion of the fine with less than full payment
thereof. No such application shall be considered
by the special magistrate until the applicant has
first shown that:
(1) All ad valorem property taxes, special
assessments, town utility charges and other
government- imposed liens against the sub-
ject real property have been paid.
(2) The applicant is not personally indebted
to the town for any reason.
(3) All town code violations have been cor-
rected under necessary permits issued
therefor.
(b) In considering an application to reduce a
fine or lien imposed pursuant to section 2 -72, no
satisfaction thereof shall be approved by the spe-
CD2:8
vial magistrate with less than full payment thereof,
unless the special magistrate shall make a spe-
cific finding that no violation of any ordinance
de- scribed in section 2 -68 of this Code exists on
the subject real property.
(c) The balance of any fine or lien imposed
pursuant to section 2 -72 that is reduced by the
special magistrate shall be paid on such terms as
approved by'the special magistrate.
(d) If the property for which an application for
a fine reduction is being considered is owned by a
government or quasi - government entity, the spe-
cial magistrate may reduce such fine even if the
violation has not been corrected.
(e) `Where recording has occurred and a lien
filed against the property, any request for a sat-
isfaction of the lien with less than full payment
shall be considered by the town commission not
the special magistrate.
(Ord. No. 06 -02, § 1, 5 -5 -06)
Sec. 2 -77. Provisions supplemental and cu-
mulative.
Nothing contained in this division shall in any
way bar or prohibit the maintenance of a suit at
law or in equity by the town to enjoin or correct
any violation of the ordinances of the town, nor to
bar or prohibit the town from filing charges against
any person, firm or corporation violating any
town ordinance as provided by existing laws. This
division shall be construed to be supplemental
and cumulative Aitb any and all other remedies
available to the town and not exclusive.
(Ord. No. 06 -02, § 1, 5 -5 -06)
State law reference — Similar provisions. F.S. s! 162.013.
Sec. 2 -78. Alternative code enforcement pro-
cedures.
The town may employ other methods of code
enforcement including, but not limited to, the
issuance of a notice to appear in county court or
arrest for violation of municipal ordinances as
provided for in F.S. ch. 901. Unless otherwise
specifically authorized and provided for by law, a
person convicted of violating a municipal ordi-
nance may be sentenced to pay a fine not to
exceed $500.00, and may be sentenced to a defi-
CD2
2-80
nite term of imprisonment not to exceed 60 days,
in a municipal detention facility or other facility
as authorized by law.
(Ord. No. 06 -02, § 1, 5 -5 -06)
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R�.a Taylor
From: Bill Thrasher
Sent: Thursday, August 14, 2014 9:51 AM
To: 'Randolph, John C.' (JRandolph @jonesfoster.com)
Cc: Matias, Sally (SMatias @jonesfoster.com); Rita Taylor
Subject: FW: Special Magistrate Hearing
From: Quinn Miklos [mailto:quinn @miklosarchitecture.com]
Sent: Thursday, August 14, 2014 9:37 AM
To: Bill Thrasher
Cc: Constance Swift Miklos
Subject: Re: Special Magistrate Hearing
Bill,
As I have previously requested, refer all communications on this matter with my Attorney. From time to time I may
contact the Town to request documents. I do not speak for my Attorney but perhaps your email does not meet the
statutory regulations of proper service.
It may be in everyone's best interest if the Town's Attorney contact my Attorney. I have made it clear to my Attorney
that I want the full recovery of damages from the Town. It is my understanding that the special Magistrate does not
have this authority to award justified compensation. Thus making the Magistrate's hearing moot in my opinion. Perhaps
our mutual Attorneys can agree to a waiver on the upcoming hearing.
Additionally many items of my discovery and interrogatories remain unfulfilled from your side. Failure to comply with
these request has limited my ability to vigorously pursue an adequate defense. Needlessly to say this violates several
Florida statutes.
Thank you
Sent from my Whone
On Aug 14, 2014, at 8:38 AM, Bill Thrasher <bthrasher(@eulf- stream.org> wrote:
Good morning Quinn,
On 8/11/14 you contacted me and asked "do you have all of the information you need from my
side ? ". Although I have not received a confirmation that your attorney read my email, I do have
confirmation of the delivery of that email to your attorney.
I am sending to you in this email the noticed of the hearing and for the second time to your
attorney. That notice is attached.
This hearing is proceeding forward.
Thanks,
la
William H. Thrasher
Town Manager, ICMA -CM
100 Sea Rd.
Gulf Stream, FL 33483
561- 276 -5116
561- 737 -0188 fax
www.gulf- stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the
intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail
and destroy all copies of the original message. Florida has a very broad public records law. Written
communications regarding Town of Gulf Stream business are public records available to the public upon
request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-
mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by phone or
in writing.
<8_20_14 Hearing Documents (3).pdfl
Bill Thrasher
From: Bill Thrasher
Sent: Thursday, August 14, 2014 8:39 AM
To: 'quinn @miklosarchitecture.com'; 'red @mdd- law.com'
Subject: Special Magistrate Hearing
Attachments: 8_20_14 Hearing Documents.pdf
Good morning Quinn,
On 8/11/14 you contacted me and asked "do you have all of the information you need from my side ? ". Although I have
not received a confirmation that your attorney read my email, I do have confirmation of the delivery of that email to
your attorney.
I am sending to you in this email the noticed of the hearing and for the second time to your attorney. That notice is
attached.
This hearing is proceeding forward.
Thanks,
ME
William H. Thrasher
Town Manager, ICMA -CM
100 Sea Rd.
Gulf Stream, FL 33483
561 -276 -5116
561- 737 -0188 fax
www.gulf- stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e -mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
1 r7" /'(/ e W a 9 2-
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Zoning Department •••• t =ear <,evuu
(561)737 -8188
CODE ENFORCEMENT SPECIAL MAGISTRATE Fax
TOWN OF GULF STREAM, FLORIDA
CASE NO: CE 4 -14 B-2-14
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
I. Location/Address where violation(s) exisl(s): 2562 Avenue Au Soleil, Gulf Stream, FL
2. Legal Description: Lots 42 6 43 Place Au Soleil Subdivision
3. Nome and address of owner /person in charge where violations) oxisl(s)Ponstance J. Swift
2562 Avenue Au Soleil, Gulf Stream, PL 33483
Fanoval of an existing shed vas a
4. Violation of Town Code Section(s) and description(s): condition attached to the aooroval
of a large addition to an existing residence. The shed is in violation of Sec.
70 -74 that E— equires accessory structures to be placed 15' inside the rear property
line an an vw o - its is
no record in the file that the shed was ever originally permitted. The addition
vas conipleted and the Town has refused to issue a Certificate of Completion
as the shed has not been reiroved as vas the condition that teas placed at the
(SEE ATTACHED "EXHIBITS OF VIOLATION')
5. Dale of First Inspection: 9-4 -13
6. Dale owner firs( notified of violation(s): 11 -7 -13
Date on/by, which violations are to be corrected: August 13, 2014
* ** * * ** * * ** * * * *** * * * * * * ** **IMPORTANT NOTICE•* * * * * * * * ** * ** ** * * *** * * **
Unless the violator corrects the violation(s) described herein by the dale 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 HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on Aug. 20, 2014 0l 2 P.M. or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE 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, die Special Magistrate may base his/her findings
solely upon presentation by the Town Code Inspector
William H. Thrasher, ' own Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
Aug. 15. 2014 , 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 VIOLATION(S) IS /ARE CORRECTED AND THEN RECUR(S), THE-
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATION(S)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate 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, he/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 Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. 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 Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance 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 MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate with respect to any matter:
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 to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY.
21)�
By: Rita L. Taylor, Tow Clcrk
Town of Gulf Stre
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
g 70.72 GULF STREAM CODE
d. For each one square foot of roof projection over the maximum permissible FAR, two square
feet of roof projection must be provided that are within the maximum permissible FAR, and
all shall remain forever unenclosed.
e. Prior to the issuance of a certificate of occupancy or certificate of completion, the owner of
the property shall prepare and record a deed restriction which, at a minimum, shall provide
that all roof projection areas required to remain unenclosed as per approval of this special
exception shall remain so for as long as the structure is in existence or exceeds the
maximum permissible FAR.
(Ord. No. 08 -5, # 2, 9.5 -08)
Sec. 70 -73. Two -story structures. --
(a) In order to limit the construction of bulkier homes with full second stories in districts with small
to medium lot sizes, the following restrictions shall be used:
(b) The use of architectural design features to provide variation among two -story single family homes
is required. One or more of the following features shall he incorporated within facades facing public or
private roadways on any new two -story, single family home in all zoning districts.
• Second -story setback (minimum five feet setback, in addition to ground level front setback)
• Front porch (minimum eight feet depth)
• Balcony (minimum 24 square feet)
• Arcade
The town commission may waive this requirement within subsection (b) if the applicant can demonstrate
that these features are inconsistent with the home's architectural style and that the desired visual
variation is provided through other measures.
(Ord. No. 00 -1, $ 26, 3- 10-00; Ord. No. 12 -4, $ 11, 7- 13 -12)
Sec. 70 -74. Setbacks.
(a) Minimum building setbacks. The following table provides the minimum setback requirements for
principal and minor accessory structures. Those accessory structures not defined as "minor" shall meet
the same setbacks as principal structures.
CD70:32
Gulf Stream
Core
Ocean West
Beach rant
NorthlSouth
Place me Soleil
Maximum Sec-
.70 x first floor
.70 x first floor
.70 x first floor
.70 x first Boor
.70 x first floor
and Floor Area
area
area
area
area
area
(b) The use of architectural design features to provide variation among two -story single family homes
is required. One or more of the following features shall he incorporated within facades facing public or
private roadways on any new two -story, single family home in all zoning districts.
• Second -story setback (minimum five feet setback, in addition to ground level front setback)
• Front porch (minimum eight feet depth)
• Balcony (minimum 24 square feet)
• Arcade
The town commission may waive this requirement within subsection (b) if the applicant can demonstrate
that these features are inconsistent with the home's architectural style and that the desired visual
variation is provided through other measures.
(Ord. No. 00 -1, $ 26, 3- 10-00; Ord. No. 12 -4, $ 11, 7- 13 -12)
Sec. 70 -74. Setbacks.
(a) Minimum building setbacks. The following table provides the minimum setback requirements for
principal and minor accessory structures. Those accessory structures not defined as "minor" shall meet
the same setbacks as principal structures.
CD70:32
1
GULF STREAM DESIGN MANUAL q 70 -75
CM, mle's to the Constal Construction Control Line estnb5shed in 1078.
Refer nlsn to sectinn 70.75(j),
(b) Special mdbock requirements.
(1) Effective lot area. All setbacks shall be measured from the lot lines established under the offctive
lot area definition.
(2) Driveways. A five -foot minimum setback is required except for the driveway apron.
(3) Patios and decks up to eight inches higherlhan highest abuttinggrade. The setback is a minimum
of three feet from all property lines.
14) Walls and fences adjacent to streets. No setback is required provided the wall or fence is located
on the property (not on the right -of -way) and at least rive feet from the edge of the pavement.
Wells and fences in the Ocean West District shall be a minimum of 12 feet from the AlA
right -of -way line. At street curners, a visibility triangle shall be provided for a minimum distance
of ten feet in both directions from the intersecting point of property lines. No wall or fence shall
be located in the visibility triangle.
(5) Walls and fences not mi jacent to streets. No setback is required.
(Ord. No. 00 -1, §§ 26, 29, 30, 3- 10 -00)
Sec. 70 -75. Special exception setbacks.
(a) Alechanical equipment on lots less than 20,000 square feet.
(1) Alininium setback. The minimum setback for side (interior) is ten feet.
(2) Specific standards for review.
a. Conforming locations for proposed equipment are impractical, significantly more expensive
or have a significant adverse impact an the site plan in terms of the overall site design or
relationships between site plan elements including, but not limited to, structures, patios,
driveways and landscaping.
CD70:33
Gulf Stream
Place au
Core
Ocean Nest
Beale rant
NorthlSouth
Soleil
Front
Principal
30
30
25
30
30
Address
other than
Minor Ace.
25
30
25
25
25
AlA
Side
Principal
Total of both side setbacks shall be a minimum of 30St of the lot width;
Interior
however, no single side setback shall be less than 15 feet.
Minor Ace.
12
15
15
12
12
Street
Principal
20
30
20
20
20
Not front nor
Minor Ace.
17
25
17
17
17
AlA
Rear
Principal
20
_
20
26 /CCCL
20
20
Interior/
Beach
Minor Ace.
15
15
15/CCCL
15
15
AIA
Principal
30
50
50
Regard less of
N/A
N/A
Minor Ace.
25
30
30
Address
Water
Principal
50
30
30
30
Connected to
N/A
Mi nor Ace.
20
20
20
20
ICWW
CM, mle's to the Constal Construction Control Line estnb5shed in 1078.
Refer nlsn to sectinn 70.75(j),
(b) Special mdbock requirements.
(1) Effective lot area. All setbacks shall be measured from the lot lines established under the offctive
lot area definition.
(2) Driveways. A five -foot minimum setback is required except for the driveway apron.
(3) Patios and decks up to eight inches higherlhan highest abuttinggrade. The setback is a minimum
of three feet from all property lines.
14) Walls and fences adjacent to streets. No setback is required provided the wall or fence is located
on the property (not on the right -of -way) and at least rive feet from the edge of the pavement.
Wells and fences in the Ocean West District shall be a minimum of 12 feet from the AlA
right -of -way line. At street curners, a visibility triangle shall be provided for a minimum distance
of ten feet in both directions from the intersecting point of property lines. No wall or fence shall
be located in the visibility triangle.
(5) Walls and fences not mi jacent to streets. No setback is required.
(Ord. No. 00 -1, §§ 26, 29, 30, 3- 10 -00)
Sec. 70 -75. Special exception setbacks.
(a) Alechanical equipment on lots less than 20,000 square feet.
(1) Alininium setback. The minimum setback for side (interior) is ten feet.
(2) Specific standards for review.
a. Conforming locations for proposed equipment are impractical, significantly more expensive
or have a significant adverse impact an the site plan in terms of the overall site design or
relationships between site plan elements including, but not limited to, structures, patios,
driveways and landscaping.
CD70:33
GULF STREAM DESIGN MANUAL $ 70.105
Sec. 70 -105. Garages and accessory buildings.
Garages, storage sheds, decks, and other ancillary structures are elements which should be integrated
with the principal building. Garages, and ancillary structures can have a negative impact on neighbors.
An inconsiderately placed or poorly designed structure can visually and functionally negate an otherwise
attractive residential area.
(1) Preferred.
Garnges and ancillary structures designed to respect the views from neighboring lots
Garages and ancillary structures integrated with the architectural style of the home
(2) Discouraged.
Screened enclosures visible from the street
(3) Prohibited.
All garages facing street on lots over 20,000 square feet not adequately screened or buffered from
roadways
Carports
Garage doors that dominate the front elevation
Metal storage sheds
Three -stall or larger garages on any lot not adequately screened or buffered from roadways
Two story screen enclosures
13 ilium, unli stream- nermutat style garage nn small Int. Culur, material, and
ruorcomislent with principal building (preferred)
CD70:59
Ek191NG
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a
P\
LEGEND:
j = CENTERLINE
CONC. - CONCRETE
P - PLANTER
CA = CENTRAL ANGLE
I.R. = 5/8" IRON ROD WITH CAP #LB 353
O.R.B. - OFFICIAL RECORD BOOK
L.P. = LIGHT POLE
W.M. - WATER METER
= OVERHEAD UTILITY LINES
CHAIN LINK FENCE
--+ WOOD FENCE
—�— - GONG. FENCE
+18.19 = ELEVATION BASED ON NATIONAL GEODETIC
VERTICAL DATUM 1929. SOURCE: FLORIDA GEOLOGICAL
SURVEY BENCH MARK "B -98"
FLOOD ZONE: B
DESCRIPTION:
LOT 42. PLACE AU SOLEIL. ACCORDING TO THE PLAT
AS RECORDED IN PLAT BOOK 27, PAGE 69, PUBLIC
OF PALM BEACH COUNTY, FLORID&
MAP OF BOUNDARY SURVEY
I HEREBY CERUR THAT THIS SURVEY WAS AIDE UNDER W RESPONSIBLE CHARGE
AND UEETS THE LIINBAUU TECHIBCAL STANDARDS AS SET FORTH BY THE FLORIDA
BOARD OF PROFESSIONAL SURVEYORS AND WPM IN CHAPTER BIG17 -C MERIDA
ADLIRNSTRATNE CODE, PURSUANT TO SECTION 472.027, FLORIDA SLANfES.
PAUL D. ENGLE
INm V" INE FDFD "E AN0 SURVEYOR & MAPPER #5708
=R m SURT®1 Yq WVVm.
O'BRIEN, SUITER & O'BRIEN, INC.
FANG II IRVE Y or„
CUMFICATE OF AUTHORIZATION /U9353
SURVEYOR AND MAPPER IN RESPONSIBLE CHARGE: PAIL B. ENGLE
2601 NORTH FEDERAL NOWAY, DELRAY BEACH, FLORIDA 33483
(561) 275 -4501 732 -3279 FAX 276 -2390
A SWNEY REVISED: 11/21/0] - AOORX)NAL Su1L
SLY 9, 2003 LOUTHINS D ELEVA1NNls 1" = 20'
Son PILE NO oWm W;
69 61 85- 181d6 "A"
LOT 42
FAX Cover Sheet
TO:
Attny. Randolph
Phone:
Fax Phone:
Date: 8 -14 -14
Number of pages including cover sheet: 1
FROM: Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Rita
Phone: 561- 276 -5116
Fax Phone: 561- 737 -0188
REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP
After our phone conversation, I found a couple of sections
that are entitled "Violation of condition of approval ".
These are Sections 66 -146 & 66 -156. They basiclly restrict
any additional subsequent permits or developments. However,
Chapter 66 is covered by the Special Magistrate so it sounds
like we are on solid ground.
Driginals to Follow by Mail: Yes
CC:
Fax Phone:
No
Transmission Report
Date /Time 08 -09 -2014 12:06:33 p.m. Transmit Header Text
Local ID 1 5617370188 Local Name 1
This document: Confirmed
(reduced sample and details below)
Document size : 8.5 "x14"
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Total Pages Scanned:4 Total Pages Confirmed: 4
No.
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Duration
Pages
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Mode
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Results
007
346
5516222841
12:04:24 p.m.08 -09 -2014
00:01:02
4l4
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EC
HS
CP21600
Abbreviations:
HS: Host send PL: Polled local
HR: Host receive PR: Polled remote
WS: Waiting send M5: Mailbox save
MP: Mailbox print CP: Completed T5: Terminated by system
RP: Report FA: Fall G3: Group 3
FF: Fax Forward TU: Terminated by user EC: Error Correct
FAX Cover Sheet
TO:
Attny. Brandenberg
Sandy
Phone:
Fax Phone: 622 -2841
Date: 8 -9 -14
Number of pages including cover sheet: 4
FROM: Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Rita Taylor, Town Clerk
Phone: 561- 276 -5116
Fax Phone: 561- 737 -0188
REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP
I have enclosed a copy of the agenda and the Notice of Violation
for the Swift hearing on August 20, 2014 at 2 P.M. Our Code
is on the Muni -Code site.
If you have any questions, please phone,276 -5116. Look forward
to meeting you.
Originals to Follow by Mail: Yes
CC:
Fax Phone:
No
August 13, 2014
CODE ENFORCEMENT HEARING TO BE HELD BY THE CODE ENFORCEMENT SPECIAL
MAGISTRATE OF THE TOWN OF GULF STREAM ON WEDNESDAY, AUGUST 20, 2014 AT
2:00 P.M. IN THE COMMISSION CHAMBRS OF THE TOWN HALL, 100 SEA ROAD, GULF
STREAM, FLORIDA.
AGENDA
I. Call to Order.
II. Case No. 4 -14: Constance J. Swift, 2562 Avenue Au Soleil:
Failure to remove an existing shed at this address, said
removal being a condition of approval of a large addition to
the dwelling. Location of shed in violation of Sec. 70 -74
and Sec. 70- 105(3) prohibits metal storage sheds.
III. Adjournment.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN
OF GULF STREAM CODE ENFORCEMENT SPECIAL MAGISTRATE WITH RESPECT TO ANY
MATTER CONSIDERED AT THIS MEETING, 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
AT /'(Ie -4 ) Y2-
Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Building Planning and Ph. (561) 276-5116
Zoning Department Fax (561) 737 -0186
CODE ENFORCEMENT SPECIAL MAGISTRATE
TOWN OF GULF STREAM, FLORIDA
CASE NO: CE 4 -14
8 -2 -14
STATEMENT OF VIOLATION AND NOTICE OF HEARING
Pursuant to section 2 -75 of the Town of Gulf Stream Code of Ordinance, the undersigned hereby gives
notice of uncorrected violation(s) of the Town of Gulf Stream Code(s) more particular described
herein, and requests a PUBLIC HEARING before the CODE ENFORCEMENT SPECIAL
MAGISTRATE of the Town.
1. Location/Address where violation(s) exist(s): 2562 Avenue Au Soleil, Gulf Stream, FL
2. Legal Description: Lots 42 & 43 Place Au Soleil Subdivision
3. Name and address of owner /person in charge where violation(s) exist(s)�Constance 7. Swift
2562 Avenue Au Soleil, Gulf Stream, FL 33483
Removal of an existing shed was a
4. Violation of Town Code Section(s) and description(s): condition attached to the aunroval
of a large addition to an existing residence. The shed is in violation of Sec.
70 -74 that requires accessory structures to be placed 15' inside the rear property
line an 3-n vio anon of - pro > s me is
no record in the file that the shed was ever originally permitted. The addition
was completed and the Town has refused to issue a Certificate of Completion
as the shed has not been removed as was the condition that was placed at the
(SEE ATTACHED "EXHIBITS OF VIOLATION")
5. Date of First Inspection: 9-4 -13
6.
7
Date owner first notified of violation(s):
11 -7 -13
Date on/by, which violations are to be corrected: August 13, 2014
* * * * * * * * * * * * * * * * * * * * * * * * ** *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 HERBY GIVEN THAT A PUBLIC
HEARING WILL BE CONDUCTED for the above referenced property before the Town of Gulf
Stream Code Enforcement Special Magistrate on Aug. 20, 2014 at 2 P.M. or as soon thereafter
as the case can be heard in the Town Hall Commission Chamber located at 100 Sea Road, Gulf
Stream, Florida.
YOU ARE REQUIRED TO APPEAR BEFORE THE SPECIAL MAGISTRATE 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 Magistrate may base his/her findings
solely upon presentation by the Town Code Inspector
William H. Thrasher, own Manager
Town of Gulf Stream
YOU MUST NOTIFY THE TOWN OF GULF STREAM AT (561) 276 -5116 ON OR BEFORE
Aug. 15, 2014 , 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 RECUR(S), THE
CASE MAY BE PRESENTED TO THE SPECIAL MAGISTRATE EVEN IF THE VIOLATIONS)
HAVE BEEN CORRECTED PRIOR TO THE SPECIAL MAGISTRATE HEARING.
IF YOU FAIL TO NOTIFY THE TOWN OF GULF STREAM, IT WILL BE PRESUMED BY THE
CODE ENFORCEMENT SPECIAL MAGISTRATE THAT THE PARCEL OF REAL PROPERTY
DESCRIBED HEREIN AND OWNED BY YOU CONTINUES TO BE IN VIOLATION.
If the Special Magistrate 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, he/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 Magistrate, FINES WILL BE
IMPOSED BY THE SPECIAL MAGISTRATE. 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 Magistrate, you may appeal to the CIRCUIT COURT OF
PALM BEACH COUNTY within 30 DAYS after the Special Magistrate's Order is entered.
If you wish to have the Special Magistrate RECONSIDER your case for any reason or if your case was
in fine and is now in compliance 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 MAGISTRATE TO RECONSIDER YOUR CASE.
If a person decides to appeal any decision made by the Special Magistrate 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 to be based.
(FS 286.0105).
PLEASE GOVERN YOURSELF ACCORDINGLY
2JA
By: Rita L. Taylor, Tow Clerk
Town of Gulf Stre
100 Sea Road
Gulf Stream, FL 33483
(561) 276 -5116
Bill Thrasher
From: Microsoft Outlook
To: red @mdd- law.com
Sent: Thursday, August 07, 2014 4:33 PM
Subject: Relayed: Constance Swift Special Magistrate Hearing
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
red(amdd- law.com (red(@mdd- law.com)
Subject: Constance Swift Special Magistrate Hearing
Rifa'Taylor
From: Bill Thrasher
Sent: Thursday, August 07, 2014 2:39 PM
To: Rita Taylor
Subject: FW: Notice
FYI
From: Quinn Miklos [mailto:quinn @miklosarchitecture.com]
Sent: Thursday, August 07, 2014 1:46 PM
To: Bill Thrasher
Subject: Re: Notice
Bill,
As previously discussed we are away.
Please direct any documents to our attorney. In the past, I have sent you a notice of appearance from our attorney.
Now that our destiny appears to be towards civil litigation, any and all future correspondences should go through our
attorney without exception. We have very limited cell phone reception so we may be unresponsive to future
communications.
Thank you.
Sent from my iPhone
On Aug 7, 2014, at 1:33 PM, Bill Thrasher <bthrasher@gulf- stream.org> wrote:
Quinn,
Where does the official notice go? We assume you are not home as we have tried.
I think I can email to you and your attorney. Please advise?
Thanks,
9H
William H. Thrasher
Town Manager, ICMA -CM
100 Sea Rd.
Gulf Stream, FL 33483
561- 276 -5116
561- 737 -0188 fax
www.gulf- stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the
intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail
and destroy all copies of the original message. Florida has a very broad public records law. Written
communications regarding Town of Gulf Stream business are public records available to the public upon
request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-
mail addresses are public records. If you do not want your e-mail address released in response to a
Bill Thrasher
From:
Quinn Miklos < quinn @miklosarchitecture.com>
Sent:
Tuesday, February 25, 2014 11:01 AM
To:
Bill Thrasher
Cc:
quinn @miklosarchitecture.com; 'Constance Swift'
Subject:
Postponement of Special Magistrate Hearing
Attachments:
Letter from Atty Appearance.pdf
Dear Bill,
I am forwarding to your Office a copy of an email that was sent to me by my Attorney at 3:16 am this morning. Due to
his busy litigation schedule, please excuse the informality of his correspondence. The content of the communication is
self - explanatory. When my Attorney's schedules permits, he will review the Town's responsibility in this Magistrate's
scheduling debacle and seek the proper legal remedies. For the record, due to the short notice provided tome by the
Town regarding the Special Magistrate's Hearing I had to clear my work schedule for the date of the Hearing and work
continuously over the weekend to prepare for the Magistrate's Hearing. I typically work seven days a week. I have
suffered economic loss and emotional anguish due the unwarranted actions of the Town.
Outstanding Issues:
1. We are requesting the return of our construction deposit (bond). The construction has ended, our addition
has been 'finaled' by the Building Official of Delray Beach and no damage was created to the roads, road
right of ways or the Town's property by our project. The construction deposit (bond) is only held in Trust to
assure payment for potential property damage caused by the construction activity. Since no damage has
occured a return of our money is justified.
2. When can I expect my request for the Public records to be honored?
3. When can I expect my interrogatories ro be answered?
4. You have not acknoweidged receipt of yesterday's request for documentation and interrogatories
5. 1 will be sending you future interrogatories regarding the postponement of the Special Magistrate's
Hearing. The Town gave me improper notice of the Hearing and then cancels the Hearing less than 24 hours
before the Hearing is scheduled to begin. Obviously, this behavoir does not reflect kindly on the Town's
judgement and commitment to an 'open' and 'fair' government. We are very disappointed.
Quinn I. Miklos, NCARB
Registered Architect
Fl. Reg. Ar 91602
Miklos and Associates, P.A.
(561)392 -6762
Architects / Planners
M iklosa rchitectu re.com
Dear Mr. Miklos:
This e-mail shall confirm our Friday, February 21, 2014 discussion in regard to the hearing set before
the Special Master on Tuesday, February 25, 2014 the subject matter of which relates to
Gulfstream's demand that you remove a wood shed which has been situated on your property for some
fifteen years. This e-mail shall further confirm that you have requested that I represent you at the
currently scheduled hearing. Although I am willing to assist you as counsel, in light of the short notice
provided to you by Gulfstream, I am unable to step in as legal counsel at this time. In fact I have a court
ordered hearing which I must attend on the date and time set for your hearing. Is there some justifiable
reason why Gulfstream provided you with such short notice? In any event, I would suggest that you
request that the February 25, 2014 Special Masters hearing be rescheduled so that you can have an
opportunity to retain counsel. In light of the fact that the shed which is the subject matter of the
dispute has been in place for over a decade I cannot imagine that there would be any prejudice to
Gulfstream if the hearing is continued in order to permit you to adequately defend yourself. To me it
does seem consistent with the principles of procedural due process to on the one hand provide a litigant
with insufficient notice of a hearing in which property rights are at Issue, and on the other to refuse to
permit the litigant addition time to prepare a defense. That said if the hearing is continued I will then
be able to represent you and will commit to do so. Please let me know.
Ron D'Anna
Ronald E. D'Anna, Esquire
McClosky, D'Anna & Dieterle, LLP
2101 N.W. Corporate Boulevard
Suite 400
Boca Raton, Florida 33431 -7343
Telephone: 5 61.3 68.9 200
Facsimile: 561.395.7050
www.mcclsokvdanna.com
www.mccloskvdanna.COM/ronald.htm
This e-mail message is confidential, intended only for the named recipient(s) above, and may contain
information that is confidential, privileged attorney work product or information exempt from disclosure under
applicable law. If you have received this message in error, or are not the named recipient(s), please immediately
notify the sender at (561) 368 -9200 and delete this e-mail message from your computer. Thank you.
Ron D'anna
- Mcaosky, D'Anna &...
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2101 N.W. CORPOR...
BOCA RATON, FLORI...
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Bill Thrasher
From:
Quinn Miklos < quinn @miklosarchitecture.com>
Sent:
Thursday, May 22, 2014 1:03 PM
To:
Bill Thrasher
Cc:
quinn @miklosarchitecture.com
Subject:
Miklos
Hello Bill,
Can you please send the following information from the Martin O'Boyle case.
I would like:
a. All ARB submittals L
b. All Town Commission submittals / 7
c. All correspondences between the Town, the Towp Attorney, Martin O'Boyle and Martin O'Boyle's Attorney F
V/d. Copy of the Law Suit ? tae ( 50 = �✓` • 3S�J�� .^',,� kph I,sre, T 7� o
%.-e. Copy of the Settlement Agreement Z 1- �4'
Vf. Copy of all Magistrates rulings / decisions /coresspondance
g. Copy or information about any settlement payments occurred -3 lh1
Thank you
v ofd el.,a4�
Quinn I. Miklos, NCARB
Registered Architect
Fl. Reg. AR 91602
Miklos and Associates, P.A.
M iklosArchitecture.com
Phone: 561- 392 -6762
Rita Taylor
From:
Randolph, John C. <JRandolph @jonesfoster.com>
Sent:
Tuesday, May 20, 2014 11:38 AM
To:
Quinn Miklos (quinn @miklosarchitecture.com)
Cc:
Bill Thrasher; Rita Taylor
Subject:
Gulf Stream - Miklos /Swift
Attachments:
1JE5798 -quinn miklos 2562 avenue au soleil.PDF
Dear Mr. Miklos,
I do not know anything about a request for a meeting by Scott Morgan, nor do I know the purpose of the
meeting. Indeed, I have previously reviewed your letter of October 22, 2013 to Mr. Thrasher. I have further
reviewed this file and have noted that the Town responded to your extensive public records request of
February 21, 2014 on February 27, 2014. A copy of the email to you is attached. You indicate you are still
awaiting information from the Town. Please advise as to what specific public records you are seeking which
have not been previously addressed by the Town.
Thank you.
JOHN C. RANDOLPH
JONESFOSTER
JOHNS u/.v &S I cans. aa.
John C. Randolph Attorney
Direct Dial: 561.650.0458 1 Fam 561.650.5300 1 jrandol h n ionesfoster.com
Jones, Foster, Johnston & Stubbs, P.A.
Flagler Center Tower, 505 South Flagler Drive, Suite 1100, Nest Palm Beach, Florida 33401
561 -659 -3000 1 www.jonesfoster.com
U.S. Treasury Regulation Circular 230 requires us to advise you that written communications issued by us are not intended to
be and cannot be relied upon to avoid penalties that may be imposed by the Internal Revenue Service.
Incoming emails are filtered which may delay receipt. This email is personal to the named recipient(s) and may be privileged
and confidential. If you are not the intended recipient, you received this in error. If so, any review, dissemination, or copying
of this email is prohibited. Please immediately notify us by email and delete the original message.
FAXCover Sheet
TO:
Attny. Randolph
Phone:
Fax Phone:
Date: 5 -19 -14
[Number of pages including cover sheet: 7
FROM: Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Rita
Phone: 561- 276 -5116
Fax Phone: 561- 737 -0188
REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP
Please find enclosed a copy of the email that went to
Miklos on February 27, 2014.
Originals to Follow by Mail: Yes
CC:
Fax Phone:
No x
Transmission Report
Date /Time 05 -19 -2014 03:30:20 p.m. Transmit Header Text
Local ID 1 5617370188 Local Name 1 Fax
This document: Confirmed
(reduced sample and details below)
Document size : 8.5 "x11"
FAX Covet Sheet
TO:
Attny. Randolph
Fax Phone:
M�I
Dote: 5 -19 -14
I Number of pages including cover sheet: 7
FROM: Town of Gulf Stream
100 see Road
GulrStresm, Fl, 33483
Rita
ne: 561- 276 -5116
Phone: 561- 737 -DI SS
e As Requcstedo Urgent o FYI o Far Your Review o Rcp1y ASAP
Please find enclosed a copy of the email that went to
Miklos on February 27, 2014.
to Follow by Mail: Yes_ No x
CC:
Fnx Plione:
Total Pages Scanned : 7 Total Paoes Confirmed : 7
No.
IJob
I Remote Station
Start Time
Duration
Pages
1 Line
Mode
I Job Type
Results
001
990
Jones Foster PA
03:25:29 p. m. 05 -19 -2014
00:04:13
7/7
1
EC
HS
CP74400
Abbreviations:
H5: Host send PL: Polled local
HR: Host receive PR: Polled remote
WS: Waiting send MS: Mallboxsave
MP: Mallbox print CP: Completed TS: Terminated by system
RP: Report FA: Fall G3: Group
FF: Fax Forward TU: Terminated by user EC: Error Correct
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via email
February 27, 2014
Quinn Miklos [mailto:quinn @miklosarchitecture.com]
Re: 2562 Avenue An Soleil
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 All Soleil
G. 1765 Avenue Ali Soleil
2. Staff report from 100712008 application, 1561 Avenue Au Soleil
3. Site Plan /Survey from 2007/2008 application, 2562 Avenue All Soleil
4. Code Enforcement Violations, 1562 Avenue All 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 200712008 application, 1561 Avenue Ail Soleil
7. All photographs, drawings, written documents pertaining to the 'shed' at 2562 Avenue All 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'
IL Provide the all LDR's definitions of 'metal shed'
12. Provide the all LDR's definitions of 'woodshed'
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
16 Provide all written Staff Report objections to the 'shed' at 2562 Avenue Ail Soleil
Dear Mr. Miklos [ mailto :quinn @miklosarchitecture.com],
This letter is attached to an email that provides you with partial responsive production of public records requested
in your email dated February 21, 2014 that we acknowledged February 21, 2014. This correspondence is
reproduced below for your convenience.
For the following listed items, please open the attached files, which include the documents that are responsive to
your request. Where a specific code has been cited, depending upon other factual situations, a different section
of the Code may apply.
1. Site Plans, Staff Report and Surveys for thefollowing properties:
G. 2765 Avenue Au Soleil
2. Staff report from 200712008 application, 2562 Avenue All Soleil (attached)
3. Site Plan / Survey from 200712008 application, 2562 Avenue Au Soleil (attached)
6. Copies of Town Manager issuance of Certificate of Completion 100712008 application, 2562 Avenue Au Soleil
7. All photographs, drawings, written documents pertaining to the 'shed' at 2562 Avenue Au Soleil
9. Provide all applicable LDR code sections governing accessory buildings and 'sheds'
13. Provide LDR's governing sections regarding 'grand fathering' of Building entities
16 Provide all written Staff Report objections to the 'shed' at 2562 Avenue Au Soleil
Be advised that no such records exist for the following requested documents:
4. Code Enforcement Violations, 2562 Avenue Au Soleil
8. Original permit application, Staff Report, Building Plans for the original structure, 2562 Avenue Au Soleil
10. Provide the all LDR's (Land Development Regulations) definitions of 'shed'
IL Provide the all LDR's definitions of 'metal shed'
12. Provide the all LDR's definitions of 'woodshed'
This letter also requests clarification of "all communications " of your request #5 before determining whether to
provide you with an estimate for the extensive use of information technology resources or extensive clerical or
supervisory assistance as described in Fla. Stat. § 119.07(4)(d). Please clarify the precise types of
communications you request, and please inform us whether your request is limited to any period of time.
5. All communications between the Town and Homeowners pertaining to accessory structures and 'sheds' i. e.
Code Enforcement Violations, applications etc.
The remainder of your requests, listed below, will require extensive administrative support time in order to
retrieve and produce the documents, if available. Fla. Stat. § 119.07(4)(d) authorizes the imposition of a special
service charge when the nature or volume of public records to be inspected is such as to require extensive use of
information technology resources, or extensive clerical or supervisory assistance, or both. The charge must be
reasonable and based on the labor or computer costs actually incurred by the agency.
The Town of Gulf Stream anticipates one half hour will be needed for the use of extensive clerical resources to provide
the responsive documents to your requests, the content of which are reproduced below. The labor to provide responsive
documents is charged at the rate of $32.57 per hour, or $16.29 per half hour. This is only an estimate of the time
involved and does not include charges for actual copy production, if the documents requested are not in digital form.
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
R 2900 Avenue Au Soleil
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
Please advise if you wish for us to proceed with the production of #1 A -F, #14 and #15.
Sincerely,
Town Clerk
Custodian of the Records
Your orieinal request, dated February 21. 2014, is reproduced in the space below:
From: Quinn Miklos [mailto:quinn @miklosarchitecture.com]
Sent: Friday, February 21, 201410:34 AM
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 I 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
The Tdwn's acknowledgement of the above Public Records Request, dated February 21, 2014 Is reproduced in the space
below:
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
February 21, 2014
Quinn Miklos [ mailto :quinn @miklosarchitecture.com]
Re: Special Magistrate Hearing -2562 Avenue An Soleil
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. 1564 Avenue Au Soleil
F. 1900 Avenue Ali Soleil
G. 2765AvenueAu Soleil
2. Staff report from 200712008 application, 2562 Avenue Au Soleil
3. Site Plan / Survey from 200712008 application, 2562 Aventte Att Soleil
4. Code Enforcement Violations, 2562 Aventte 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 2 00 712008 application, 2562 Aventie Au
Soleil
7. All photographs, drawings, written documents pertaining to the 'shed' at 2562 Avenue All Soleil
8. Original permit application, StafJ'Report, Building Plans for the original stntcture, 2562 Avenue Ali 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' ofBttilding entities
14. Provide all urinates 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 Ait Soleil
Dear Mr. Miklos [ mailto :quinn @miklosarcbitecture.com],
The Town of Gulf Stream has received your public records request dated February 21, 2014 (a copy of which
was hand- delivered to our office on February 20, 2014). A copy of your e- mailed request dated February 21,
2014 is attached to this cover letter.
The Town of Gulf Stream is currently working on a large number of incoming public records requests. The Town
will use its very best efforts to respond to you in a reasonable amount of time with the appropriate response or an
estimated cost to respond.
As to your "Interrogatories" request, all interrogatories should be directed to our Town Attorney, John Randolph.
The "Rules and Procedures for the Special Magistrate Hearing" can be found in our Code of Ordinances, Part II -
Codes of Ordinances, Chapter II - Administration, Article III — Boards and Commissions, Division II — Code
Enforcement. The following is the link to the website for this information:
http://Iibrary.municode.com/index.aspx?clientId=14096
Sincerely,
Town Clerk
Custodian of the Records
Bill Thrasher
From: Quinn Miklos <quinn @miklosarchitecture.com>
Sent: Monday, February 24, 2014 2:16 PM
To: Bill Thrasher
Subject: Re: Town of Gulf Stream - Special Magistrate Hearing
Bill,
I have received your message and I am pleased that the Town has come to it senses. It is very important to me that all
interests and rights of all the parties are preserved. I want you to understand that I have made every effort to address
the shed issue in a dignified and respectful manner. It is my concern that in my defense of the shed I will expose certain
weaknesses, inconsistencies and conduct that will expose vulnerabilities the Town has. My wife and I prefer to live a
quiet and simple life.
Thankyou
Sent from my Whone
On Feb 24, 2014, at 1:58 PM, Bill Thrasher <bthrasherCa gulf- stream.ora> wrote:
This is to advise you that the Special Magistrate Hearing, originally scheduled for tomorrow, 02/26/14,
has been postponed. A new date has not yet been established.
Please acknowledge receipt of this message.
Bill Thrasher
Town Manager
Bill Thrasher
From: Quinn Miklos <qu inn @m iklosarchitecture.com>
Sent: Friday, February 21, 2014 10:34 AM
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 I 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
From: Rita Taylor [mailto:RTaylor @gulf - stream.org]
Sent: Thursday, February 20, 2014 5:16 PM
To: quinn @miklosarchitecture.com
Subject: Special Magistrate Hearing -2562 Avenue Au Soleil
Mr. Miklos,
The Hearing will proceed as scheduled, February 25, 2014 at 10 am.
Rita Taylor
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via email
February 27, 2014
Quinn Miklos [ mailto :quinn @miklosarchitecture.com]
Re: 2562 Avenue An Soleil
1. Site Plans, Staff Report and Surveys for the folloivirigproperties:
A. 2550 Avenue Au Soleil
B. 810 Canary Walk-
C. 800 Canary !Valk
D. 815 Canary {Valk
E. 1564 Avenue Au Soleil
F. 2900 Avenue Au Soleil
G. 1765 Avenue Au Soleil
2. Staff report front 200712008 application, 2562 Avenue All Soleil
3. Site Plan /Surveyfrom 200712008 application, 2561 Avenue Au Soleil
4. Code Enforcement Violations, 2562 Avenue Ali Soleil
5. All communications benveen the Town and Homeowners pertaining to accessory structures and 'sheds' i.e.
Code Enforcement Violations, applications etc.
6 Copies of Totlit Manager issuance of Certificate of Completion 2007/2008 application, 2562.4 venue Au Soleil
7. All photographs, dratvings, ivritten docurents pertaining to the 'shed' at 2562 Avenue Ait Soleil
8. Original permit application, Staff Report, Building Plansfor the original structure, 2562 Avenue All Soleil
9. Provide all applicable LDR code section governing accessory buildings and 'sheds'
10. Provide the all LDR's (Land Development Regulations) definitions of 'sited'
11. Provide the all LDR's definition of 'metal shed'
12 Provide the all LDR's definitions of 'woad shed'
13. Provide LDR's governing sections regarding 'grand fathering' of Building entities
14. Provide all minutes from the Architectural Review Board and the Tovn Council pertaining to 'sheds' and
accessory, buildings
16. Provide all written Staff Report objections to the 'shed' at 2562 Avenue All Soleil
Dear Mr. Miklos [ mailto :quinn @miklosarchitecture.com],
This letter is attached to an email that provides you with partial responsive production of public records requested
in your email dated February 21, 2014 that we acknowledged February 21, 2014. This correspondence is
reproduced below for your convenience.
For the following listed items, please open the attached files, which include the documents that are responsive to
your request. Where a specific code has been cited, depending upon other factual situations, a different section
of the Code may apply.
1. Site Plains, Staff Report and Surveys for thefolloivingproperties:
G. 2765 Avenue Au Soleil
2. Staffreport from 200712008 application, 2562 Avenue Au Soleil (attached)
3. Site Plan /Survey from 200712008 application, 2562 Avenue All Soleil (attached)
6. Copies of Town Manager issuance of Certificate of Completion 200712008 application, 2562 Avenue Au Soleil
7. A11 photographs, drawings, written documents pertaining to the 'shed' at 2562 AvenueAlu . Soleil
9. Provide all applicable LDR code sections governing accessory buildings and 'sheds'
13. Provide LDR's governing sections regarding 'grand fathering' of Building entities
16 Provide all written Staff Report objections to the 'shed' at 2562 Avenue Au Soleil
Be advised that no such records exist for the following requested documents:
4. CodeEnforcenuent Violations, 2562 Avenue Au Soleil
8. Original permit application, Staff Report, Building Plans for the original structure, 2562 Avenue Au Soleil
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'
This letter also requests clarification of "all communications" of your request #5 before determining whether to
provide you with an estimate for the extensive use of information technology resources or extensive clerical or
supervisory assistance as described in Fla. Stat. § 119.07(4)(d). Please clarify the precise types of
communications you request, and please inform us whether your request is limited to any period of time.
5. All communication behveen the Town and Homeowners pertaining to accessory stntctures and 'sheds' i.e.
Code Enforcement Violations, applications etc.
The remainder of your requests, listed below, will require extensive administrative support time in order to
retrieve and produce the documents, if available. Fla. Stat. § 119.07(4)(d) authorizes the imposition of a special
service charge when the nature or volume of public records to be inspected is such as to require extensive use of
information technology resources, or extensive clerical or supervisory assistance, or both. The charge must be
reasonable and based on the labor or computer costs actually incurred by the agency.
The Town of Gulf Stream anticipates one balf hour will be needed for the use of extensive clerical resources to provide
the responsive documents to your requests, the content of which are reproduced below. The labor to provide responsive
documents is charged at the rate of $32.57 per hour, or $16.29 per half hour. This is only an estimate of the time
involved and does not include charges for actual copy production, if the documents requested are not in digital form.
1. Site Plans, StaffReport and Surveys jar the following properties:
A. 2550 Avmme Au Soleil
B. 810 Canary Walk-
C, 800 Canary (Valk
D. 815 Canary Walk-
E. 2564 Avenue Au Soleil
F. 2900 Avenue Au Soleil
14. Provide all minutes from the Architectural Review Board and the Town Co ncil pertaining to 'sheds' and
accessory buildings
15. Provide all LDR code references to 'sheds' in each code cycle since 1970
Please advise if you wish for us to proceed with the production of #1 A -F, #14 and #15.
Sincerely,
Town Clerk
Custodian of the Records
ta
f
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via email
February 27, 2014
Quinn Miklos [ mailto :quinn @miklosarchitecture.com]
Re: 2562 Avenue Au Soleil
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 Ali Soleil
F. 1900 Avenue Au Soleil
G. 2765 Avenue All Soleil
2. Staffreport from 200712008 application, 2562 Avenue All Soleil
3. Site Plan /Surveyfrom 1007/2008 application, 2562 Avenue All Soleil
4. Code Enforcement Violations, 2562 Avenue Ali Saleil
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 200712008 application, 2562 Avenue Au Soleil
7 All photographs, drawings, written documents pertaining to the 'shed' at 2562 Avenue All Soleil
8. Original permit application, Staff Report, Building Plans for the original structure, 1561 Avenue All 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
16 Provide all written Staff Report objections to the 'shed' at 2562 Avenue All Soleil
Dear Mr. Miklos [ mailto :quinn @miklosarchitecture.com],
This letter is attached to an email that provides you with partial responsive production of public records requested
in your email dated February 21, 2014 that we acknowledged February 21, 2014. This correspondence is
reproduced below for your convenience.
For the following listed items, please open the attached files, which include the documents that are responsive to
your request. Where a specific code has been cited, depending upon other factual situations, a different section
of the Code may apply.
1. Site Plans, Staff Report and Surveys for the fallowing properties:
G. 2765 Avenue Au Soleil
2. Staff report from 200712008 application, 1562 Avenue Au Soleil (attached)
3. Site Plan /Surveyfrom 100712008 application, 2562 Avenue Au Soleil (attached)
6. Copies of Town Manager issuance of Certificate of Completion 200712008 application, 2562 Avenue All Soleil
, * rO
7. All photographs, drawings, written documents pertaining to the 'shed' at 2561 Avenue Au Soleil
9. Provide all applicable LDR code sections governing accessory buildings and 'sheds'
13. Provide LDR's governing sections regarding 'grand fathering' of Building entities
16 Provide all written Staff Report objections to the 'shed' at 2562 Avenue Ait Soleil
Be advised that no such records exist for the following requested documents:
4. Code Enforcement Violations, 2562 Avenue Au Soleil
8. Original permit application, Staff Report, Building Plansfor the original structure, 2562 Avenue Au Soleil
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 'woodshed'
This letter also requests clarification of "all communications " of your request #5 before determining whether to
provide you with an estimate for the extensive use of information technology resources or extensive clerical or
supervisory assistance as described in Fla. Stat. § 119.07(4)(d). Please clarify the precise types of
communications you request, and please inform us whether your request is limited to any period of time.
5. All communications between the Town and Homeowners pertaining to accessory structures and 'sheds' i. e.
Code Enforcement Violations, applications etc.
The remainder of your requests, listed below, will require extensive administrative support time in order to
retrieve and produce the documents, if available. Fla. Stat. § 119.07(4)(d) authorizes the imposition of a special
service charge when the nature or volume of public records to be inspected is such as to require extensive use of
information technology resources, or extensive clerical or supervisory assistance, or both. The charge must be
reasonable and based on the labor or computer costs actually incurred by the agency.
The Town of Gulf Stream anticipates one half hour will be needed for the use of extensive clerical resources to provide
the responsive documents to your requests, the content of which are reproduced below. The labor to provide responsive
documents is charged at the rate of $32.57 per hour, or $16.29 per half hour. This is only an estimate of the time
involved and does not include charges for actual copy production, if the documents requested are not in digital form.
1. Site Plans, Staff Report and Surveys far the following properties:
A. 1550 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
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
Please advise if you wish for us to proceed with the production of #1 A -F, #14 and #15.
Sincerely,
Town Clerk
Custodian of the Records
TOWN OF GULF STREAM
PALM BEACH COUNTY, FLORIDA
Delivered via e-mail
February 21, 2014
Quinn Miklos [ mailto :quinn @miklosarchitecture.com]
Re: Special Magistrate Hearing -2562 Avenue An Soleil
1. Site Plans, Staff Report and Surveys for the following properties:
A. 2550 Avenue Au Soleil
A 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 200712008 application, 2562 Avenue Au Soleil
3. Site Plan / Survey from 200712008 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 All Soleil
8. Original permit application, Staff Report, Building Plans for the original structure, 2562 Avenue
Aie 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' ofBuilding 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
Dear Mr. Miklos [ mailto :quinn @miklosarchitecture.com],
The Town of Gulf Stream has received your public records request dated February 21, 2014 (a copy of
which was hand- delivered to our office on February 20, 2014). A copy of your e- mailed request dated
February 21, 2014 is attached to this cover letter.
U,
The Town of Gulf Stream is currently working on a large number of incoming public records requests.
The Town will use its very best efforts to respond to you in a reasonable amount of time with the
appropriate response or an estimated cost to respond.
As to your "Interrogatories" request, all interrogatories should be directed to our Town Attorney, John
Randolph.
The "Rules and Procedures for the Special Magistrate Hearing" can be found in our Code of Ordinances,
Part II - Codes of Ordinances, Chapter II - Administration, Article III — Boards and Commissions, Division
II — Code Enforcement. The following is the link to the website for this information:
htti): // library. municode .com /index.asnx ?clientId =14096
Sincerely,
Town Clerk
Custodian of the Records
Your orieinal request, dated February 21. 2014, is reproduced in the space below:
From: Quinn Miklos [mailto :quinn @miklosarchitecture.comj
Sent: Friday, February 21, 2014 10:34 AM
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 I 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
Your original reouesL dated February 21. 2014, is reproduced in the space below:
From: Quinn Miklos [mallto :quinn @miklosarchitecture.com]
Sent: Friday, February 21, 201410:34 AM
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 I 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 'labourdays 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 accessary 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 2552 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 foryour cooperation and compliance
FAX Cover Sheet
TO:
Attny. John Randolph
Phone:
Fax Phone:
Date: 8-19 -14
Number of pages including cover sheet: 36
FROM: Town of Gulf Stream
100 Sea Road
Gulf Stream, FL 33483
Rita
Phone: 561- 276 -5116
Fax Phone: 561- 737 -0188
REMARKS: ❑ As Requested ❑ Urgent ❑ FYI ❑ For Your Review ❑ Reply ASAP
With regard to the Swift case in front of the Special Magistrate
on Wednesday, I am enclosing 35 pages of E -mail. All of this
deals with notifications to Swift - Miklos of the hearing. As
you are aware the first one was cancelled, the second one was
rescheduled. Hope the enclosed will be useful.
Originals to Follow by Mail: Yes _
CC:
Fax Phone:
No X
Transmission Report
Date /Time 08 -19 -2014 08:01:41 a.m. Transmit Header Text
Local ID 1 5617370188 Local Name 1 Fax
This document : Confirmed
(reduced sample and details below)
Documentsize : 8.5 "x11"
FAX Caver Sheet
Attny. John Randolph
Phone:
nm
(Date: 5 -19 -14
(Number orpagos including cover sheet: 36
Town of Gulf Stream
100 See Road
Gulf Stream, FL 33493
Rita
?hone: 561- 276 -5115
?ax Phone: 561- 737 -0188
o As Requested Urgent o FYI o For Your Review m Reply ASAP
With regard to the Swift case in front of the Special Magistrate
on Wednesday, 2 am enclosing 35 pages of E -mail, A11 of this
deals with notifications to Swift - Miklos of the hearing. As
you are aware the first one was cancelled, the second one was
rescheduled. Hope the enclosed will be useful.
to Fallow by Mail: Ycs_ No_
Fax Phone:
Total Panes Scanned : 36
Total Panes Confirmed : 36
No.
Job
I Remote Station
lStartTlme
1 Duration
Pages
Line
Mode
Job Type
Results
001
379
Jonez Foster PA
07:46:48 a.m. 08 -19 -2014
00:13:4fi
36/36
1
EC
HS
CP14400
Abbreviations:
HS: Host send PL: Polled local
HR: Host receive PR: Polled remote
WS: Waiting send MS: Mallboxsave
MP: Mailbox print CP: Completed TS: Terminated by system
RP: Report FA: Fall G3: Group 3
FF: Fax Forward TU: Terminated by user EC: Error Correct
Bill Thrasher
From:
Bill Thrasher
Sent:
Thursday, August 14, 2014 10:13 AM
To:
'red @mdd- law.com'
Cc:
'Randolph, John C.' (!Randolph @jonesfoster.com); Matias, Sally
(S Matias@jonesfoster.co m)
Subject:
FW: Special Magistrate Hearing
Counselor,
I have just received this email from your client. I am forwarding information to you as directed by your client.
For information of public records, please go to the Town website: www.gulf- stream.org
At the top of the homepage a dropdown "I want to" appears on the right side of the page. Click that and go to "find a
town record ". You will find 5 folders containing everything previously requested by your client and more.
Thank you,
Bill Thrasher
From: Quinn Miklos [mailto:quinn @miklosarchitecture.com]
Sent: Thursday, August 14, 2014 9:37 AM
To: Bill Thrasher
Cc: Constance Swift Miklos
Subject: Re: Special Magistrate Hearing
Bill,
As I have previously requested, refer all communications on this matter with my Attorney. From time to time I may
contact the Town to request documents. I do not speak for my Attorney but perhaps your email does not meet the
statutory regulations of proper service.
It may be in everyone's best interest if the Town's Attorney contact my Attorney. I have made it clear to my Attorney
that I want the full recovery of damages from the Town. It is my understanding that the special Magistrate does not
have this authority to award justified compensation. Thus making the Magistrate's hearing moot in my opinion. Perhaps
our mutual Attorneys can agree to a waiver on the upcoming hearing.
Additionally many items of my discovery and interrogatories remain unfulfilled from your side. Failure to comply with
these request has limited my ability to vigorously pursue an adequate defense. Needlessly to say this violates several
Florida statutes.
Thank you
Sent from my phone
On Aug 14, 2014, at 8:38 AM, Bill Thrasher <bthrasher@gulf- stream.org> wrote:
Good morning Quinn,
On 8/11/14 you contacted me and asked "do you have all of the information you need from my
side? ". Although I have not received a confirmation that your attorney read my email, I do have
confirmation of the delivery of that email to your attorney.
I am sending to you in this email the noticed of the hearing and for the second time to your
attorney. That notice is attached.
This hearing is proceeding forward.
Thanks,
William H. Thrasher
Town Manager, ICMA -CM
100 Sea Rd.
Gulf Stream, FL 33483
561 -276 -5116
561- 737 -0188 fax
www.gulf- stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the
intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail
and destroy all copies of the original message. Florida has a very broad public records law. Written
communications regarding Town of Gulf Stream business are public records available to the public upon
request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-
mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by phone or
in writing.
<8_20_14 Hearing Documents (3).pdf>
Bill Thrasher
From: Bill Thrasher
Sent: Thursday, August 14, 2014 9:51 AM
To: 'Randolph, John C.' (JRandolph @jonesfoster.com)
Cc: Matias, Sally (SMatias @jonesfoster.com); Rita Taylor
Subject: FW: Special Magistrate Hearing
From: Quinn Miklos [ mailto :quinn @miklosarchitecture.com]
Sent: Thursday, August 14, 2014 9:37 AM
To: Bill Thrasher
Cc: Constance Swift Miklos
Subject: Re: Special Magistrate Hearing
Bill,
As I have previously requested, refer all communications on this matter with my Attorney. From time to time I may
contact the Town to request documents. I do not speak for my Attorney but perhaps your email does not meet the
statutory regulations of proper service.
It may be in everyone's best interest if the Town's Attorney contact my Attorney. I have made it clear to my Attorney
that I want the full recovery of damages from the Town. It is my understanding that the special Magistrate does not
have this authority to award justified compensation. Thus making the Magistrate's hearing moot in my opinion. Perhaps
our mutual Attorneys can agree to a waiver on the upcoming hearing.
Additionally many items of my discovery and interrogatories remain unfulfilled from your side. Failure to comply with
these request has limited my ability to vigorously pursue an adequate defense. Needlessly to say this violates several
Florida statutes.
Thank you
Sent from my iPhone
On Aug 14, 2014, at 8:38 AM, Bill Thrasher <bthrasher @gulf- stream.ore> wrote:
Good morning Quinn,
On 8/11/14 you contacted me and asked "do you have all of the information you need from my
side ? ". Although I have not received a confirmation that your attorney read my email, I do have
confirmation of the delivery of that email to your attorney.
I am sending to you in this email the noticed of the hearing and for the second time to your
attorney. That notice is attached.
This hearing is proceeding forward.
Thanks,
M
William H. Thrasher
Town Manager, ICMA -CM
100 Sea Rd.
Gulf Stream, FL 33483
561- 276 -5116
561- 737 -0188 fax
www.gulf- stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the
intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail
and destroy all copies of the original message. Florida has a very broad public records law. Written
communications regarding Town of Gulf Stream business are public records available to the public upon
request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-
mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by phone or
in writing.
<8_20_14 Hearing Documents (3).pdfl
Bill Thrasher
From: Quinn Miklos <quinn @miklosarchitecture.com>
Sent: Thursday, August 14, 2014 9:37 AM
To: Bill Thrasher
Cc: Constance Swift Miklos
Subject: Re: Special Magistrate Hearing
Bill,
As I have previously requested, refer all communications on this matter with my Attorney. From time to time I may
contact the Town to request documents. I do not speak for my Attorney but perhaps your email does not meet the
statutory regulations of proper service.
It may be in everyone's best interest if the Town's Attorney contact my Attorney. I have made it clear to my Attorney
that I want the full recovery of damages from the Town. It is my understanding that the special Magistrate does not
have this authority to award justified compensation. Thus making the Magistrate's hearing moot in my opinion. Perhaps
our mutual Attorneys can agree to a waiver on the upcoming hearing.
Additionally many items of my discovery and interrogatories remain unfulfilled from your side. Failure to comply with
these request has limited my ability to vigorously pursue an adequate defense. Needlessly to say this violates several
Florida statutes.
Thank you
Sent from my iPhone
On Aug 14, 2014, at 8:38 AM, Bill Thrasher <bthrasher(@Rulf- stream.ors> wrote:
Good morning Quinn,
On 8/11/14 you contacted me and asked "do you have all of the information you need from my
side ? ". Although I have not received a confirmation that your attorney read my email, I do have
confirmation of the delivery of that email to your attorney.
I am sending to you in this email the noticed of the hearing and for the second time to your
attorney. That notice is attached.
This hearing is proceeding forward.
Thanks,
11-Ul
William H. Thrasher
Town Manager, ICMA -CM
100 Sea Rd.
Gulf Stream, FL 33483
561- 276 -5116
561- 737 -0188 fax
www.gulf- stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the
intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail
and destroy all copies of the original message. Florida has a very broad public records law. Written
communications regarding Town of Gulf Stream business are public records available to the public upon
request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-
mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by phone or
in writing.
<8_20_14 Hearing Documents (3).pdfl
Bill Thrasher
From:
Microsoft Outlook
To:
quinn @miklosarchitecture.com'
Sent:
Thursday, August 14, 2014 8:39 AM
Subject:
Relayed: Special Magistrate Hearing
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
'ouinn(Omiklosarchitecture com' (Quin n(abmiklosarchitecture.com)
Subject: Special Magistrate Hearing
Bill Thrasher
From: Microsoft Outlook
To: red @mdd- law.com
Sent: Thursday, August 14, 2014 8:39 AM
Subject: Relayed: Special Magistrate Hearing
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
red(a�mdd- law.com (red(cbmdd- law.com)
Subject: Special Magistrate Hearing
Bill Thrasher
From: Bill Thrasher
Sent: Thursday, August 14, 2014 8:39 AM
To: 'quinn @miklosarchitecture.com'; 'red @mdd- law.com'
Subject: Special Magistrate Hearing
Attachments: 8_20_14 Hearing Documents.pdf
Good morning Quinn,
On 8/11/14 you contacted me and asked "do you have all of the information you need from my side ? ". Although I have
not received a confirmation that your attorney read my email, I do have confirmation of the delivery of that email to
your attorney.
I am sending to you in this email the noticed of the hearing and for the second time to your attorney. That notice is
attached.
This hearing is proceeding forward.
Thanks,
M
William H. Thrasher
Town Manager, ICMA -CM
100 Sea Rd.
Gulf Stream, FL 33483
561- 276 -5116
561- 737 -0188 fax
www.gulf- stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
Bill Thrasher
From:
Quinn Miklos <quinn @miklosarchitecture.com>
Sent:
Monday, August 11, 2014 1:39 PM
To:
Bill Thrasher
Subject:
Re:
Bill,
Do you have all the information you need from my side?
Thankyou
Sent from myiPhone
On Aug 7, 2014, at 2:37 PM, Bill Thrasher <bth rash er @gulf- stream.org> wrote:
Quinn,
Please disregard my last email.
William H. Thrasher
Town Manager, ICMA -CM
100 Sea Rd.
Gulf Stream, FL 33483
561- 276 -5116
561- 737 -0188 fax
www.gulf - stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the
intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail
and destroy all copies of the original message. Florida has a very broad public records law. Written
communications regarding Town of Gulf Stream business are public records available to the public upon
request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-
mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by phone or
in writing.
Bill Thrasher
From:
Microsoft Outlook
To:
red @mdd- law.com
Sent:
Thursday, August 07, 2014 4:33 PM
Subject:
Relayed: Constance Swift Special Magistrate Hearing
Delivery to these recipients or groups is complete, but no delivery notification was sent by the
destination server:
red(a)mdd- law.com (red(&mdd- law.com)
Subject: Constance Swift Special Magistrate Hearing
Bill Thrasher
From: Bill Thrasher
Sent: Thursday, August 07, 2014 4:32 PM
To: 'red @mdd- law.com'
Subject: Constance Swift Special Magistrate Hearing
Attachments: 8_20_14 Hearing Documents.pdf
Mr. D'Anna,
Mr. Quinn Miklos has informed me that you represent he and his wife concerning the upcoming Special Magistrate
Hearing. He asked that all correspondence be sent to you as he is out of the state and the cell phone reception is
poor. In that regard, please find attached the notice of proposed hearing. The shed in question straddles the Swift
residence rear property line and a portion of the shed is located outside of the Town boundaries and in the City of
Delray Beach per survey also attached.
William H. Thrasher
Town Manager, ICMA -CM
100 Sea Rd.
Gulf Stream, FL 33483
561- 276 -5116
561- 737 -0188 fax
www.gulf- stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
Bill Thrasher
From: Bill Thrasher
Sent: Thursday, August 07, 2014 2:37 PM
To: 'quinn @miklosarchitecture.com'
Quinn,
Please disregard my last email.
William H. Thrasher
Town Manager, ICMA -CM
100 Sea Rd.
Gulf Stream, FL 33483
561 -276 -5116
561- 737 -0188 fax
www.eulf- stream.ore
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
Bill Thrasher
From:
Bill Thrasher
Sent:
Thursday, August 07, 2014 2:02 PM
To:
'Quinn Miklos'
Subject:
RE: Notice
Quinn,
Sorry, I didn't remember I have your attorneys address. I will look through previous emails to find it. Could you easily
tell me his name and city of location to help me with the search?
M
From: Quinn Miklos [mailto:quinn @miklosarchitecture.com]
Sent: Thursday, August 07, 2014 1:46 PM
To: Bill Thrasher
Subject: Re: Notice
Bill,
As previously discussed we are away.
Please direct any documents to our attorney. In the past, I have sent you a notice of appearance from our attorney.
Now that our destiny appears to be towards civil litigation, any and all future correspondences should go through our
attorney without exception. We have very limited cell phone reception so we may be unresponsive to future
communications.
Thank you.
Sent from my iPhone
On Aug 7, 2014, at 1:33 PM, Bill Thrasher <bthrasher(a?eulf- stream.ore> wrote:
Quinn,
Where does the official notice go? We assume you are not home as we have tried.
I think I can email to you and your attorney. Please advise?
Thanks,
1-M
William H. Thrasher
Town Manager, ICMA -CM
100 Sea Rd.
Gulf Stream, FL 33483
561- 276 -5116
561- 737 -0188 fax
www.gulf- stream.org
1
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the
intended recipient(s). If you are not the intended recipient, please contact the sender by reply e-mail
and destroy all copies of the original message. Florida has a very broad public records law. Written
communications regarding Town of Gulf Stream business are public records available to the public upon
request. Your e-mail communications are therefore subject to public disclosure. Under Florida law, e-
mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by phone or
in writing.
Bill Thrasher
From: Quinn Miklos <quinn @miklosarchitecture.com>
Sent: Thursday, August 07, 2014 1:46 PM
To: Bill Thrasher
Subject: Re: Notice
Bill,
As previously discussed we are away.
Please direct any documents to our attorney. In the past, I have sent you a notice of appearance from our attorney.
Now that our destiny appears to be towards civil litigation, any and all future correspondences should go through our
attorney without exception. We have very limited cell phone reception so we may be unresponsive to future
communications.
Thank you.
Sent from my iPhone
On Aug 7, 2014, at 1:33 PM, Bill Thrasher <bthrasher(a gulf- stream.ors> wrote:
Quinn,
Where does the official notice go? We assume you are not home as we have tried.
I think I can email to you and your attorney. Please advise?
Thanks,
ME
William H. Thrasher
Town Manager, ICMA -CM
100 Sea Rd.
Gulf Stream, FL 33483
561- 276 -5116
561- 737 -0188 fax
www.gulf- stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the
intended recipient(s). If you are not the intended recipient, please contact the sender by reply e -mail
and destroy all copies of the original message. Florida has a very broad public records law. Written
communications regarding Town of Gulf Stream business are public records available to the public upon
request. Your e -mail communications are therefore subject to public disclosure. Under Florida law, e-
mail addresses are public records. If you do not want your e-mail address released in response to a
public records request, do not send electronic mail to this entity. Instead, contact this office by phone or
in writing.
Bill Thrasher
From:
Bill Thrasher
Sent:
Thursday, August 07, 2014 1:33 PM
To:
'quinn @miklosarchitecture.com'
Cc:
Rex Taylor (rtaylor @southpalmbeach.com)
Subject:
Notice
Quinn,
Where does the official notice go? We assume you are not home as we have tried.
I think I can email to you and your attorney. Please advise?
Thanks,
HE
William H. Thrasher
Town Manager, ICMA -CM
100 Sea Rd.
Gulf Stream, FL 33483
561- 276 -5116
561- 737 -0188 fax
www.gulf- stream.org
Confidentiality Notice: This e-mail message, including any attachments, is for the sole use of the intended recipient(s). If
you are not the intended recipient, please contact the sender by reply e-mail and destroy all copies of the original
message. Florida has a very broad public records law. Written communications regarding Town of Gulf Stream business
are public records available to the public upon request. Your e-mail communications are therefore subject to public
disclosure. Under Florida law, e-mail addresses are public records. If you do not want your e-mail address released in
response to a public records request, do not send electronic mail to this entity. Instead, contact this office by phone or in
writing.
Bill Thrasher
From: Quinn Miklos <quinn @miklosarchitecture.com>
Sent: Tuesday, July 29, 2014 2:34 PM
To: Bill Thrasher
Subject: RE: Swift - Miklos
Sorry I just saw your new email, disregard the previous
From: Bill Thrasher [mailto:bthrasher @gulf- stream.org]
Sent: Tuesday, July 29, 2014 2:23 PM
To: Quinn Miklos
Subject: RE: Swift - Miklos
The magistrate hearing is confirmed for August 20, 2014 at 2:00 p.m.
From: Quinn Miklos fmailto:ouinn miklosarchitecture.coml
Sent: Tuesday, July 29, 2014 1:38 PM
To: Bill Thrasher
Subject: Swift - Miklos
Hello Bill,
Just following up on my previous email; is August 20`h confirmed?
Thankyou
lll�
Quinn I. Miklos, NCARB
Registered Architect
Fl. Reg. Ar 91602
Miklos and Associates, P.A.
(561)392 -6762
Architects / Planners
Miklosarchitecture.com
Bill Thrasher
From:
Quinn Miklos <quinn @miklosarchitecture.com>
Sent:
Tuesday, July 29, 2014 2:33 PM
To:
Bill Thrasher
Subject:
RE: Swift - Miklos
Thank you,
The earlier the better. Attorneys are very hard to schedule
From: Bill Thrasher [mailto:bthrasher @gulf- stream.org]
Sent: Tuesday, July 29, 2014 2:16 PM
To: Quinn Miklos
Subject: RE: Swift - Miklos
It is looking like the only time is the afternoon but we are not ready to confirm at this time. When we have a
commitment from the Magistrate I will get back with you ASAP.
From: Quinn Miklos [ mailto :ouinnComiklosarchitecture.coml
Sent: Tuesday, July 29, 2014 1:38 PM
To: Bill Thrasher
Subject: Swift - Miklos
Hello Bill,
Just following up on my previous email; is August 20th confirmed?
Thankyou
I Ilk
Quinn I. Miklos, NCARB
Registered Architect
Fl. Reg. Ar 91602
Miklos and Associates, P.A.
(561)392 -6762
Architects / Planners
Miklosarchitecture.com
Bill Thrasher
From:
Bill Thrasher
Sent:
Tuesday, July 29, 2014 2:23 PM
To:
'Quinn Miklos'
Subject:
RE: Swift - Miklos
The magistrate hearing is confirmed for August 20, 2014 at 2:00 p.m.
From: Quinn Miklos [ mailto :quinn @miklosarchitecture.com)
Sent: Tuesday, July 29, 2014 1:38 PM
To: Bill Thrasher
Subject: Swift - Miklos
Hello Bill,
Just following up on my previous email; is August 201i confirmed?
Thankyou
I I Ilk
Quinn I. Miklos, NCARB
Registered Architect
Fl. Reg. Ar 91602
Miklos and Associates, P.A.
(561)392 -6762
Architects / Planners
M i klosarch itecture.com
Bill Thrasher
From:
Bill Thrasher
Sent:
Tuesday, July 29, 2014 2:16 PM
To:
'Quinn Miklos'
Subject:
RE: Swift - Miklos
It is looking like the only time is the afternoon but we are not ready to confirm at this time. When we have a
commitment from the Magistrate I will get back with you ASAP.
From: Quinn Miklos [ mailto :quinn @miklosarchitecture.comj
Sent: Tuesday, July 29, 2014 1:38 PM
To: Bill Thrasher
Subject: Swift - Miklos
Hello Bill,
Just following up on my previous email; is August 20`s confirmed?
Thankyou
I I Ilk
Quinn I. Miklos, NCARB
Registered Architect
Fl. Reg. Ar 91602
Miklos and Associates, P.A.
(561)392 -6762
Architects / Planners
Miklosarchitecture.com
Bill Thrasher
From: Quinn Miklos <quinn @miklosarchitecture.com>
Sent: Tuesday, July 29, 20141:38 PM
To: Bill Thrasher
Subject: Swift - Miklos
Hello Bill,
Just following up on my previous email; is August 201h confirmed?
Thank you
I I I �
Quinn I. Miklos, NCARB
Registered Architect
Fl. Reg. Ar 91602
Miklos and Associates, P.A.
(561)392 -6762
Architects / Planners
M i klosa rch itecture.com
Bill Thrasher
From:
Quinn Miklos <quinn @miklosarchitecture.com>
Sent:
Tuesday, July 29, 2014 4:33 AM
To:
Bill Thrasher
Subject:
Swift - Miklos
Hello Bill,
I have confirmation from our Attorney for August 20th. Please confirm date and time with me as soon as you can.
Thankyou
Sent from my Whone
Bill Thrasher
From:
Quinn Miklos < quinn @miklosarchitecture.com>
Sent:
Wednesday, July 23, 2014 3:28 PM
To:
Bill Thrasher
Subject:
Re: Swift Miklos
Thank you, I will push for a commitment this week
Sent from my Phone
> On Jul 23, 2014, at 3:04 PM, Bill Thrasher <bthrasher @gulf - stream.org> wrote:
> Quinn, that original date is not possible now. August 18, 19 and 20 is what is open at this time.
> ----- Original Message---- -
> From: Quinn Miklos [mailto :quinn @miklosarchitecture.com]
> Sent: Wednesday, July 23, 2014 2:39 PM
> To: Bill Thrasher
> Subject: Swift Miklos
> Hello Bill,
> My attorney has not cleared his schedule as of yet. I have given him the option to represent us at the original gearing
date in our absence. I would expect his answer shortly.
> He would like to know the name of the Special Magistrate.
> Thank you
> Sent from my iPhone
Bill Thrasher
From:
Bill Thrasher
Sent:
Wednesday, July 23, 2014 3:04 PM
To:
'Quinn Miklos'
Subject:
RE: Swift Miklos
Quinn, that original date is not possible now. August 18, 19 and 20 is what is open at this time.
- - - -- Original Message---- -
From: Quinn Miklos [ mailto :quinn @miklosarchitecture.com]
Sent: Wednesday, July 23, 2014 2:39 PM
To: Bill Thrasher
Subject: Swift Miklos
Hello Bill,
My attorney has not cleared his schedule as of yet. I have given him the option to represent us at the original gearing
date in our absence. I would expect his answer shortly.
He would like to know the name of the Special Magistrate.
Thank you
Sent from my iPhone
Bill Thrasher
From:
Quinn Miklos <quinn @miklosarchitecture.com>
Sent:
Wednesday, July 23, 2014 2:39 PM
To:
Bill Thrasher
Subject:
Swift Miklos
Hello Bill,
My attorney has not cleared his schedule as of yet. I have given him the option to represent us at the original gearing
date in our absence. I would expect his answer shortly.
He would like to know the name of the Special Magistrate.
Thank you
Sent from my iPhone
Bill Thrasher
From:
Quinn Miklos <quinn @miklosarchitecture.com>
Sent:
Thursday, July 17, 2014 3:22 PM
To:
Bill Thrasher
Subject:
Re: Special Magistrates Hearing
Ok will do. Will forward the email to my attorney for his availability
Thank you
Sent from my iPhone
On Jul 17, 2014, at 2:50 PM, Bill Thrasher <bthrasher @gulf - stream.org> wrote:
Quinn,
The following dates are available: August 18, 19, or 20.
Please confirm which will work for you guys?
rN
From: Quinn Miklos [ mailto :guinnCaDmiklosarchitecture.comj
Sent: Wednesday, July 16, 2014 12:53 PM
To: Bill Thrasher
Subject: RE: Special Magistrates Hearing
Bill,
I'm following up with you to make sure that I understand correctly; you will be emailing a few upcoming
dates for the Magistrates Hearing where we all can agree to a date. I have my Attorney and myself to
schedule.
Thank you
From: Bill Thrasher [ mailto :bthrasher(o)qulf- stream.orgI
Sent: Tuesday, July 15, 2014 3:18 PM
To: Quinn Miklos
Subject: RE: Special Magistrates Hearing
Quinn,
These are special dated meetings determined when the Magistrate is available. When will you be back
in Town? Provide a date range that could be coordinated with the Magistrate.
ME
From: Quinn Miklos I mailto :guinn(cmiklosarchitecture.com]
Sent: Tuesday, July 15, 2014 3:03 PM
To: Bill Thrasher
Subject: Special Magistrates Hearing
Bill,
We are out of Town for the August 5, 2014 Special Magistrates hearing. We can attend the following
scheduled meeting if you provide us with sufficient notice. Please confirm delivery of this email
Thankyou
<i m age001.j pg>
Quinn I. Miklos, NCARB
Registered Architect
Fl. Reg. Ar 91602
Miklos and Associates, P.A.
(561)392 -6762
Architects / Planners
Miklos@rchitecture.com
Bill Thrasher
From: Bill Thrasher
Sent: Thursday, July 17, 2014 2:51 PM
To: 'Quinn Miklos'
Subject: RE: Special Magistrates Hearing
Quinn,
The following dates are available: August 18, 19, or 20.
Please confirm which will work for you guys?
In
From: Quinn Miklos [ mailto :quinn @miklosarchitecture.comj
Sent: Wednesday, July 16, 201412:53 PM
To: Bill Thrasher
Subject: RE: Special Magistrates Hearing
Bill,
I'm following up with you to make sure that I understand correctly; you will be emailing a few upcoming dates for the
Magistrates Hearing where we all can agree to a date. I have my Attorney and myself to schedule.
Thank you
From: Bill Thrasher [ mailto :bthrasherCaboulf- stream.org1
Sent: Tuesday, July 15, 2014 3:18 PM
To: Quinn Miklos
Subject: RE: Special Magistrates Hearing
Quinn,
These are special dated meetings determined when the Magistrate is available. When will you be back in
Town? Provide a date range that could be coordinated with the Magistrate.
M
From: Quinn Miklos fmailto :quinn @miklosarchitecture.coml
Sent: Tuesday, July 15, 2014 3:03 PM
To: Bill Thrasher
Subject: Special Magistrates Hearing
Bill,
We are out of Town for the August 5, 2014 Special Magistrates hearing. We can attend the following scheduled meeting
if you provide us with sufficient notice. Please confirm delivery of this email
Thankyou
Al 11C LI
Quinn I. Miklos, NCARB
Registered Architect
Fl. Reg. Ar 91602
Miklos and Associates, P.A.
(561)392 -6762
Architects / Planners
Miklosarchitecture.com
Bill Thrasher
From: Quinn Miklos <quinn @miklosarchitecture.com>
Sent: Wednesday, July 16, 2014 12:53 PM
To: Bill Thrasher
Subject: RE: Special Magistrates Hearing
Bill,
I'm following up with you to make sure that I understand correctly, you will be emailing a few upcoming dates for the
Magistrates Hearing where we all can agree to a date. I have my Attorney and myself to schedule.
Thankyou
From: Bill Thrasher [mailto:bthrasher @gulf- stream.org]
Sent: Tuesday, July 15, 2014 3:18 PM
To: Quinn Miklos
Subject: RE: Special Magistrates Hearing
Quinn,
These are special dated meetings determined when the Magistrate is available. When will you be back in
Town? Provide a date range that could be coordinated with the Magistrate.
ME
From: Quinn Miklos fmailtc aouinn @miklosarchitecture.coml
Sent: Tuesday, July 15, 2014 3:03 PM
To: Bill Thrasher
Subject: Special Magistrates Hearing
Bill,
We are out of Town for the August 5, 2014 Special Magistrates hearing. We can attend the following scheduled meeting
if you provide us with sufficient notice. Please confirm delivery of this email
Thankyou
]III
Quinn I. Miklos, NCARB
Registered Architect
Fl. Reg. Ar 91602
Miklos and Associates, P.A.
(561)392 -6762
Architects / Planners
Miklosarchitecture.com
Bill Thrasher
From: Quinn Miklos < quinn @miklosarchitecture.com>
Sent: Tuesday, July 15, 2014 3:47 PM
To: Bill Thrasher
Subject: Re: Special Magistrates Hearing
Bill,
After Aug 12th I will be available; I'm schedule in Miami at a zoning meeting on that Date. If you can give me some dates
I will pass them along to my Attorney. He has availability in August.
Thank you
Sent from my iPhone
On Jul 15, 2014, at 3:18 PM, Bill Thrasher <bthrasherC@eulf- stream.ore> wrote:
Quinn,
These are special dated meetings determined when the Magistrate is available. When will you be back
in Town? Provide a date range that could be coordinated with the Magistrate.
M
From: Quinn Miklos Imailto :quinn @miklosarchitecture.coml
Sent: Tuesday, July 15, 2014 3:03 PM
To: Bill Thrasher
Subject: Special Magistrates Hearing
Bill,
We are out of Town for the August 5, 2014 Special Magistrates hearing. We can attend the following
scheduled meeting if you provide us with sufficient notice. Please confirm delivery of this email
Thankyou
<image001.jpg>
Quinn I. Miklos, NCARB
Registered Architect
Fl. Reg. Ar 91602
Miklos and Associates, P.A.
(561)392 -6762
Architects / Planners
Miklosarchitecture.com
Bill Thrasher
From: Bill Thrasher
Sent: Tuesday, July 15, 2014 3:18 PM
To: 'Quinn Miklos'
Subject: RE: Special Magistrates Hearing
Quinn,
These are special dated meetings determined when the Magistrate is available. When will you be back in
Town? Provide a date range that could be coordinated with the Magistrate.
MM
From: Quinn Miklos [ mailto :quinn @miklosarchitecture.com]
Sent: Tuesday, July 15, 2014 3:03 PM
To: Bill Thrasher
Subject: Special Magistrates Hearing
Bill,
We are out of Town for the August 5, 2014 Special Magistrates hearing. We can attend the following scheduled meeting
if you provide us with sufficient notice. Please confirm delivery of this email
Thank you
IIVI IKLOSI
Quinn I. Miklos, NCARB
Registered Architect
Fl. Reg. Ar 91602
Miklos and Associates, P.A.
(561)392 -6762
Architects / Planners
M i klosarchitecture.com
Bill Thrasher
From: Quinn Miklos <quinn @miklosarchitecture.com>
Sent: Tuesday, July 15, 2014 3:03 PM
To: Bill Thrasher
Subject: Special Magistrates Hearing
Bill,
We are out of Town for the August 5, 2014 Special Magistrates hearing. We can attend the following scheduled meeting
if you provide us with sufficient notice. Please confirm delivery of this email
Thank you
I Ilk
Quinn I. Miklos, NCARB
Registered Architect
Fl. Reg. Ar 91602
Miklos and Associates, P.A.
(561)392 -6762
Architects / Planners
M i klosa rc h itectu re. co m
1 (Pages 1 to 9)
Florida Court Reporting
561 - 689 -0999
Page 1
Page 3
TOWN OF GULF STREAM
1
ExHIBrfs PROPOSED IN EVIDENCE
CODE ENFORCEMENT HEARING
2
Town Exhibit Number 1 ........................
11
9 -23014 Stwentmt of VmIad.
3
end Naticeof Hewing
4
Town Exhibit Number 2 ................ — .......
Il
Case Number 4 -14
5
Police Department delivery
notification
Constance J. Swift
6
Tom EhibitNumber3- A .............. — .......
12
2562 Avenue An Soleil
Town Code Section 70-74
7
Town Exhibit Number 3- B ......................
12
A
Town Code Section 70.105
9
Town Exhibit Number 4 ........................
13
5. 262007 ARP Report
10
11
Town ExI I Number ................ — .......
5.m nunwes
11 Condensed
Wednesday, October I, 2014
12
Exhibit it Nu
Town E 11 C Number 6 ................ — .......
610.201 I Commission rronwef
14
Council Chambers
13
100 Sea Road
Town Exhibit Number 7 ................ — .......
15
Gulf Stream, Florida
14
1s
6.17.2011 to. to Swift
To" Edubit Number 8 ........... ..... — ._....16
2:00 p.m. - 4:31 p.m.
11.73013 letter to swift
16
withwtaclmtents
- - -
17
Town Ehibit Number 9 ....... ........ —. .....•
16
Survey of subject property
16
Proposed Town Exhibit 10 ............. 19.......
109
19
Phamsafshed
20
Proposed Property Owners 1 .......... 34 .......
last
ATTENDEES:
21
1999 satellite photo ofsubject
Property
Gary Brandenburg Special Magistrate
22
Bill Thrasher, Town Manager
g
Proposed Property Owners 2.......... 39.......
109
Thomas J. Baird, Town Attorney
23
1 -31 -2004 satellite photo of
subject property
Rita L. Taylor, Town Clerk
24
Ronald E. D'Anna, Es q.
q
25
Proposed PropcM Owners 3 ..........40.......
Survey by Bruce Cotter
109
Page 2
Page 4
1
INDEX
1
Proposed Property Owners 4..........
44 ....... 109
2
WITNESS PAGE
Satellite image ofadjacent
2
homes
3
BILL THRASHER
3
Property Owners Number 5 ............
55.......109
4
Direct Testimony 9
2011 photos of subject residence
5
Cross - Examination by Mr. D'Anna ...............
17
Property Owners Number 6 ............
— ....... 63
6
Cross - Examination by Mr. Baird ................
20
5
Phoms ofhomes with sheds
7
REBUTFAL
6
Property Owners Number 7............
— ....... 65
10-30 -2007 survey
8
Recross - Examination by Mr. Baird ..............
103
7
9
Recro55-EXaminatlOn by Mr. D'Anna
105
Property Owners Number 8............
— ....... 66
.............
8
Photo of shed at 2550
10
Avenue Au Soleil
11
QUHVN1STAVEN MIKLOS
9
Property Owners Number 9............
— ....... 68
12
Direct Examination by Mr. D'Anna ..............
29
10
Exterior orsubject shed
13
Cross - Examination by Mr. Baird ................
31
11
Property Owners Number 10...........
— ....... 69
19
Continued Direct Examination by Mr. D'Anna ..... 36
12
Interior of subject shed
15
Recross- Examination by Mr. Baird ..............
80
Property Owners Number I I ...........
— ....... 70
16
Redirect Examination by Mr. D Anna ............
88
13
14
2007 Certificate of occupancy
Pr operty Owners Number 12 ...........
— ....... 79
17
Recross - Examination by Mr. Baird ..............
93
5 -30 -2014 e-mail from Randolph
16
15
re. gtandfathering
1e
.........92.......109
19
CONSTANCE SWIFT'
200 Florida Building Code3
20
Direct Examination by Mr. D'Anna ...............
95
17
Section 2301
21
Cross - Examination by Mr. Baird ................
98
18
19
22
20
23
CHRIS O'HARE
21
zz
24
Direct Examination by Mr. D'Atma ..............
100
33
25
24
25
1 (Pages 1 to 9)
Florida Court Reporting
561 - 689 -0999
2 (Pages 5 to 8)
Florida Court Reporting
561 - 689 -0999
Page 5
Page 7
1
BE IT REMEMBERED that the following Code
1
ahead and call that case then, case number 4 -14,
2
Enforcement hearing was had at Gulf Stream Town Hall,
2
Constance J. Swift, involving 2562 Avenue An Soleil.
3
Council Chambers, 100 Sea Road, Gulf Stream, Florida,
3
MS. SWIFT: Soleil.
4
on Wednesday, October 1, 2014, beginning at 2:00 p.m.,
4
MR. BRANDENBURG: Soleil.
5
with attendees as hereinabove noted, to wit:
5
MS. SWIFT: Soleil.
6
...
6
MR. BRANDENBURG: Excellent. Okay, is the
7
MR. BRANDENBURG: Good aftemoon, everybody.
7
City or the Town prepared to proceed?
8
I'm going to call to order the Town of Gulf Stream Code
8
MR. BAIRD: I would note, 1 think, Your
9
Enforcement hearing agenda. My name is Gary
9
Honor, counsel is here for the respondents.
10
Brandenburg. I'm the Special Magistrate that has been
10
MR BRANDENBURG: Good afternoon, sir.
'{4app9intar{5the
Town to hear these matters.
11
MR. D'ANNA: Ron D'Anna, and Mr. Miklos and
'Y "
i tlese matters are quasi judicial in nature.
12
his wife.
13
That means that all testimony that will be given will
13
MR. BRANDENBURG: Good aftemoon.
14
be given under oath, and I'll administer that oath in
14
MR. MIKLOS: Good aflernoon.
15
just a minute. You have a right to ask questions of
15
MR. BRANDENBURG: Were you all here when 1
16
the people presenting evidence on the matter, and you
16
swore everybody in?
17
do not have to follow the rules that lawyers use in a
17
MR. D'ANNA: No. We just came in.
16
courtroom to present evidence. As long as it is
18
MR BRANDENBURG: All right, well do that
19
relevant and it's not overly repetitious, I'll hear it.
19
again then. Sir, have a seat. Make yourself
20
I'll give it the weight that would otherwise be given
20
comfortable.
21
to it in a court of law.
21
MR. D'ANNA: Thank you.
22
In the end, I'll make a final decision in
22
MR. BRANDENBURG: I'll repeat my little spiel
23
this matter, so make sure that you present everything
23
at the beginning of each of these hearings. This is a
24
you want me to hear today. Don't leave wishing you had
24
quasi-judicial matter, which means all the testimony
25
said something else, because at the end, it will be a
25
will be given under oath. You have the right to ask
Page 6
Page 8
1
final decision. The decision can be appealed to the
1
questions of anybody presenting testimony in regard to
2
Circuit Court, but those appeals are very — take a
2
your matter. You don't have to follow the rules that a
3
long time, and they're quite expensive, so it's
3
lawyer uses in a courtroom to present testimony. As
4
important that we get it right today.
4
long as it's not repetitious and it's relevant, I'll
5
So with that said, I'm going to ask anybody
5
hear it, I'll give it the weight it should be given
6
that's going to say anything today to please stand up,
6
under the rules of law, and at the end of the
7
raise your right hand.
7
proceeding, I'll make a decision.
8
(Oath administered to those standing.)
8
So if you could please stand up and raise
9
MR. BRANDENBURG: All right, thank you very
9
your right hand.
10
much.
10
(Oath administered to those standing.)
11
TOWN CLERK: Your mic is turned off. Flip
11
MR. BRANDENBURG: Thank you.
12
the little button on the top. There it goes. Thank
12
MR. BAIRD: All right, just by way of
13
you.
13
introduction of the case, this is case number 4 -14, and
14
MR BRANDENBURG: How's that?
14
the Town Manager, Bill Thrasher, is going to testify to
15
TOWN CLERK: That's just fine.
15
the facts Df the case.
16
MR BRANDENBURG: Excellent. All right, and
16
The nature of the violation is that there is
17
IT ask who will be appearing on behalf of the City on
17
a shed on the subject property which is in violation of
18
this matter —on the Town?
1B
the Town code with respect to setbacks. It is also in
19
MR. BAIRD: Thomas J. Baird, on behalf of the
19
violation of a condition of a previous development
20
Town of Gulf Stream.
20
approval. That approval was to allow for an addition
21
MR BRANDENBURG: And are there any
21
on the principal structure, and as a condition of the
22
preliminary matters to be heard today?
22
approval, the Town asked that the shed, the metal shed
23
MR BAIRD: I don't believe so, no. Wejust
23
be removed. At the time of the hearing, and this is
24
have the one case.
24
testimony you're going to hear from Mr. Thrasher and
25
MR BRANDENBURG: All right. Well, we'll go
25
from other evidence, the owner agreed to remove the
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1
shed as a condition of receiving the development
1
allowing it into evidence?
2
approval.
2
MR. D'ANNA: None.
3
The Town records do not indicate that there
3
MR BRANDENBURG: Thank you. We'll mark this
4
is any permit for this shed, and additionally, the
4
as Town Exhibit Number 1.
5
metal shed, in addition to the setback violation, metal
5
(Town Exhibit Number I was received in
6
sheds are not permitted in the Town.
6
evidence.)
7
So we have nine exhibits, and Mr. Thrasher
7
THE WITNESS: Thank you. We also have a
8
has exhibits. I have eight of the nine that 1 will
a
police report that verifies delivery of that notice to
9
share with Mr. —
9
Miss Constance J. Swift.
10
MR. D'ANNA: D'Anna.
10
MR D'ANNA: We'll stipulate that the notice
11
MR. BAIRD: — D'Anna.
11
was received.
12
And with that, I would ask Mr. Thrasher to go
12
MR. BRANDENBURG: Any objection to
13
ahead and present the testimony and exhibits to you.
13
introducing this document, sir?
14
THEREUPON,
14
MR. D'ANNA: No, sir.
15
BILL THRASHER
15
MR BRANDENBURG: Okay, that will be Town
16
was called as a witness by the Town, and having been
16
Number 2.
17
previously sworn by the Special Magistrate, was
17
(Town Exhibit Number 2 was received in
18
examined and testified as follows.
18
evidence.)
19
DIRECT TESTIMONY
19
THE WITNESS: Composite Number 2, code
20
THE WITNESS: Okay. For the record, my name
20
references to setbacks, minimum setbacks, Section
21
is Bill Thrasher. And I'm not sure of the procedure.
21
70-74, and prohibition on metal sheds found in Section
22
I'm going to walk around here, if it's all right. And
22
70 -105.
23
the exhibits that I have, do you want them to be shown
23
MR BRANDENBURG: Sir, would you like to look
24
to anybody else prior to giving them to you?
24
at those?
25
MR. BRANDENBURG: Yes, sir. Please testify
25
MR D'ANNA: I'd like to see, if I may, 70-74
Page 10
Page 12
1
as to what the exhibit represents, and then show it to
I
relating to setbacks.
2
anyone who's interested so they can take a look at it
2
THE WITNESS: Sure.
3
before 1 see it.
3
MR. D'ANNA: Thank you, sir.
4
THE WITNESS: Okay. Our first exhibit is a
4
THE WITNESS: You may have to mm it over.
5
Statement of Violation and Notice of Hearing dated
5
We're dealing with a minor accessory setback in the —
6
9 -2 -2014 which says the violations of Town codes: The
6
MR. D'ANNA: Rear?
7
removal of an existing shed was a condition attached to
7
THE WITNESS: —yes, rear.
8
the approval of a large addition to an existing
a
MR D'ANNA: Okay, thank you.
9
residence. The shed is in violation of Section 70 -74
9
MR BRANDENBURG: Okay, any objection to the
10
that requires accessory structures to be placed 15 feet
10
introduction of copies of Section 70 -74 and 70 -105?
11
inside the rear property line. And it's also in
11
MR D'ANNA: Not as to the exhibits in terms
12
violation of Section 70- 105(3) that prohibits metal
12
of the ordinances stating what they state.
13
sheds. There's no record on file that the shed was
13
MR. BRANDENBURG: Okay, we'll go ahead and
14
ever originally permitted.
14
admit this as T -3 -A and -B.
15
The addition was completed, and the Town has
15
(Town Exhibits Number 3 -A and 3 -B were
16
refused to issue a Certificate of Completion, as the
16
received in evidence.)
17
shed has not been removed, as was the condition placed
17
THE WITNESS: Okay, then I'll renumber mine.
18
upon at the time of approval.
I B
This will be T4.
19
That's the Statement of Violation and Notice
19
TOWN CLERK: T -37
20
of Hearing. Would anybody like to see it?
20
THE WITNESS: Welt, he just changed the
21
MR D'ANNA: Thank you, we have a copy.
21
numbers, I think
22
MR BRANDENBURG: Any objection to that being
22
MR BRANDENBURG: Well, T -1 was the NOV, T -2
23
introduced?
23
was the notice of die delivery by the Police
24
MR. D'ANNA: No, sir.
24
Department
25
MR BRANDENBURG: Any objection to me
25
THE WITNESS: Okay.
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1
MR BRANDENBURG: T -3 -A and -B is the two
1
agreed to.
2
ordinances.
2
Would you like to see that letter, sir?
3
THE WITNESS: Correct. Sony.
3
MR D'ANNA: No, sir. Thank you.
4
Would like to introduce or present the
4
MR. BRANDENBURG: Any objection, sir?
5
Architectural Review and Planning Report that was
5
MR. D'ANNA: No objection.
6
issued and presented to the ARPB on May 26th, 2007.
6
MR. BRANDENBURG: Okay, T -7.
7
Staff report.
7
(Town Exhibit Number 7 was received in
6
Would you like to see it?
8
evidence.)
9
MR. D'ANNA: Yes, please. Thank you.
9
THE WITNESS: The next exhibit is a
10
THE WITNESS: Thank you.
10
composite, which is a letter dated November 7, 2013 to
11
MR. BRANDENBURG: Okay, this will be T -4,
11
Ms. Constance Swift indicating the same situation, that
12
which is admitted without any objection.
12
the shed has not been removed. Included in that letter
13
MR. D'ANNA: No objection.
13
to her were the staff report that we've already entered
14
(Town Exhibit Number 4 was received in
14
as an exhibit, the minutes — that's already been
15
evidence.)
15
presented as an exhibit, both the ARPB and the
16
THE WITNESS: The next exhibit to present is
16
Commission meeting, sections of the code, the 70 -74 and
17
a copy of the minutes of the Architectural Review and
17
70 -105, and a verification that that fax had — we also
18
Planning Board that appeared — was held May 26th,
18
faxed it, and that she had received that communication,
19
2011. And it shows the presence of Mr. Miklos, and
19
and a letter back from Ms. Swift dated October 22nd,
20
also it talks about the language of an agreement to the
20
2013 in which she draws objection to the removal of the
21
condition of approval, the removal of the shed.
21
shed.
22
And would you like it to see a copy of this?
22
Would you like to see that composite?
23
MR. D'ANNA: No, sir. No objection.
23
MR. D'ANNA: I'm fine. Thank you, sir. No
24
MR. BRANDENBURG: Thank you, sir. T -6.
24
objection.
25
THE WITNESS: And next exhibit —
25
MR BRANDENBURG: Thank you, sir. Okay,
Page 14
Page 16
1
THE CLERK: Its T -6, you said, or 5?
1
that's T -8.
2
MR. BRANDENBURG: 5. I'm sorry.
2
(Town Exhibit Number 8 was received in
3
(Town Exhibit Number 5 was received in
3
evidence.)
4
evidence.)
4
THE WITNESS: Next exhibit is a copy of the
5
THE WITNESS: Next exhibit will be a copy of
5
survey of the properly that shows on the rear of the
6
the Town Commission minutes of June IOth, 2011 in which
6
properly where the shed is located. And the shed is --
7
Mr. Quinn Miklos' father appeared on their behalf and
7
appears to be located partially in the Town of Gulf
8
as agent to Constance Swift. It references the
6
Stream and partially outside the Town's boundary; 1
9
condition of approval that the shed would be removed
9
believe it to be the City of Delray Beach.
10
prior to a Certificate of Completion.
10
Would you like to see that?
11
Would you like to see the minutes?
11
MR. D'ANNA: Yes, I would. Thank you. Thank
12
MR. D'ANNA: No, sir.
12
you very much.
13
MR. BRANDENBURG: Any objections?
13
THE WITNESS: Can I help?
14
MR. D'ANNA: No objection. And for the
14
MR. D'ANNA: I got it. Thank you.
15
record, when I indicate I do not wish to see the
15
MR. BRANDENBURG: Any objection, sir?
16
document, it's because I've seen it, so —
16
MR. D'ANNA: No objection.
17
MR. BRANDENBURG: Very good. I thought so,
17
MR. BRANDENBURG: Okay, survey is T -9.
18
sir.
18
(Town Exhibit Number 9 was received in
19
MR. D'ANNA: Yes, okay.
19
evidence.)
20
(Town Exhibit Number 6 was received in
20
MR. BRANDENBURG: Anything else, sir?
21
evidence.)
21
THE WITNESS: One final composite exhibit,
22
THE WITNESS: Next exhibit is a letter dated
22
photos of the shed material itself.
23
June 17, 2011 addressed to Constance Swift Miklos, and
23
MR. MIKLOS: When was this taken?
24
it's explaining the situation with the Certificate of
24
MR. BRANDENBURG: Sir, if you would like to
25
Completion, that the shed hadn't been removed, as
25
ask him questions regarding those photographs before I
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Page 17
Page 19
1
see them, you're welcome to do so.
1
THE WITNESS: No, have not.
2
MR. D'ANNA: Thank you.
2
MR. BRANDENBURG: Okay. Mr. Baird, what's
3
CROSS - EXAMINATION
3
your position with respect to the admissibility of the
4
BY MR. D'ANNA:
4
photographs?
5
Q Mr. Thrasher, the pictures that you intend to
5
MR. BAIRD: 1 believe that because they are a
6
mark as the next exhibit, your testimony is that those
6
public record, they were taken at Mr. Thrashers
7
are pictures of the material that the shed is made out
7
direction by the maintenance worker, and the
8
or
8
maintenance worker responded and presented him with the
9
A And — good question — it is an example of
9
pictures, that they are authentic pictures of the shed
10
the material and a portion of the shed itself.
10
and they should be admined.
11
Q Which portion?
11
MR. BRANDENBURG: All right. Well, for the
12
A Would be the rear.
12
moment we're going to mark that Proposed Exhibit Number
13
Q And the material that's in the pictures, how
13
10, and we'll decide, based upon further testimony, if
14
would you describe the material?
14
we're going to admit it or not. For the time being.
15
A Metal clapboard.
15
you can hand them to me.
16
Q So it's your testimony today that the shed is
16
THE WITNESS: Understood.
17
a metal shed?
17
(Proposed Town Exhibit Number 10 was marked
18
A Yes.
18
for identification.)
19
Q Is there wood on the shed?
19
THE WITNESS: To the best of my ability, that
20
A I don't know.
20
is the entire information that we would present at this
21
Q Who took those photos?
21
time.
22
A Our maintenance person.
22
MR. BAIRD: Your Honor, l would ask
23
Q You didn't take them?
23
Mr. Thrasher to just explain in the narrative, having
24
A No.
24
entered those exhibits into evidence now, except for
25
Q Do you know when they were taken?
25
the last one, what the nature — to explain the case to
Page 18
Page 20
1
A Approximately 30 days ago.
1
you, the nature of the violation and what —
2
Q How do you know that?
2
MR. BRANDENBURG: Mr. Baird, perhaps you
3
A 1 asked him to take the pictures.
3
should ask him some questions and he could respond to
4
Q So you didn't take them?
4
your questions.
5
A No, I did not.
5
MR. BAIRD: Okay.
6
MR. D'ANNA: 1 object. Improper
6
CROSS- EXAMINATION
7
evidentiary — I know the rules are relaxed somewhat,
7
BY MR. BAIRD:
8
but my objection is this witness hasn't properly
8
Q So Mr. Thrasher, what sections of the code
9
authenticated those photos as being the shed.
9
does this shed violate?
10
MR. BRANDENBURG: All right. Sir, can you
10
A Two sections of the code. 70 -74, the rear
11
indicate whether or not those photographs are an
11
setback as it's related to a minor accessory
12
accurate depiction of what exists on the properly today
12
structure —
13
from your personal knowledge?
13
Q And what's the nature of that violation?
14
THE WITNESS: Today, no. I did not visit the
14
A That the shed is in the setback. It is
15
site today.
15
located in the setback, and part of it is outside of
16
MR BRANDENBURG: Can you represent that they
16
our Town boundaries. But we're just addressing the
17
are an accurate depiction of what was on the property
17
setback itself.
18
on the day you testified they were taken?
18
Q Under the code, do sheds need to be located
19
THE WITNESS: Yes.
19
15 feet from the property line?
20
MR BRANDENBURG: And can you explain that a
20
A Well, under the code, a guest house or
21
little bit? How do you know iPs accurate?
21
storage facility that's constructed in a — with proper
22
THE WITNESS: I immediately saw the pictures
22
materials, they have to be 15 foot from the property
23
after they were taken by our maintenance person.
23
line, that is correct.
24
MR. BRANDENBURG: And you've been to the site
24
Q Is this shed more than 15 feet from the
25
and seen it yourself?
25
property line?
5 (Pages 17 to 20)
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Page 21
Page 23
1 -
A No. It's 2.7 feet, 1 believe.
1
A They were in agreement with the condition.
2
Q And is that shown by the survey which was
2
Q Exhibit Number 7. Is it customary for the
3
Exhibit Number 9?
3
Town to issue a letter confirming approvals of
4
A That's correct.
4
Architectural Review applications?
5
Q And the section of the code regarding metal
5
A It is. I think it's mandated within seven
6
sheds, are metal sheds permitted within the Town?
6
days.
7
A Metal sheds are prohibited in the Town of
7
THE CLERK: Ten.
8
Gulf Stream.
8
THE WITNESS: Ten days.
9
Q What section of the code is that?
9
BY MR. BAIRD:
10
A 70- 105(3).
10
Q And did Exhibit Number 7 indicate that the
11
Q And that's Exhibit 3 -B?
11
shed, as a condition of the approval, that the shed was
12
A Correct.
12
required to be removed?
13
Q The Architectural Review and Planning
13
A Again, it did, yes.
14
Report —
14
Q Exhibit Number 8, which was the November 7th,
15
A Yes.
15
2013 letter, what was the nature of that — why was
16
Q -- you're familiar with that report?
16
that letter signed?
17
A Yes.
17
A Could I look at that again just to refresh my
18
Q That's Exhibit 4?
18
memory? November 17th?
19
A Yes.
19
Q Yes.
20
Q And does that report indicate that the staff
20
MR. BRANDENBURG: Would you like to take a
21
was recommending an approval of the addition subject to
21
look at my copy, sir?
22
two conditions?
22
THE WITNESS: Yes, thank you.
23
A That is correct, at the ARPB level.
23
BY MR. BAIRD:
24
Q And was one of those conditions that prior to
24
Q November 7th.
25
the issuance of a Certificate of Completion, the
25
A What does this letter —
I
Page 22
Page 24
1
existing shed shall be removed?
1
Q Well, let me rephrase the question. Was this
2
A Yes.
2
letter — did you send this letter to Ms. Swift in
3
Q And did the property owner or his
3
response to some correspondence you had received from
4
representative, her representative at the time agree to
4
her?
5
that condition?
5
A Yes.
6
A The minutes reflect that he did.
6
Q And does your letter reiterate that before a
7
Q And that's Exhibit Number 4?
7
Certificate of Completion would be issued, the shed
8
A Yes.
8
must be removed?
9
Q Of the Architectural Review and Planning
9
A Yes.
10
Report?
10
Q And Number 9 is the survey. And is the shed
11
A Yes.
11
depicted on this survey as a one story cottage?
12
Q Exhibit Number 5 was the minutes of the —
12
THE CLERK: No.
13
I'm sorry. The minutes were Exhibit Number 5. Exhibit
13
MR BAIRD: No.
14
Number 6 is the minutes of the Commission meeting. Was
14
TOWN CLERK: Here it's highlighted.
15
the some application then presented to the Commission?
15
THE WITNESS: It's at the rear of the
16
A Yes.
16
property.
17
Q And was the same condition regarding removal
17
MR BAIRD: Oh, I see it, okay.
18
of the shed presented to the Commission?
18
THE WITNESS: It's highlighted.
19
A It was.
19
MR BRANDEN13URG: Sir, could you come up here
20
Q And did the Commission agree to grant the
20
and — come on up here. All right. Now, this is the
21
approval based upon that condition?
21
property in question, correct?
22
A Yes.
22
THE WITNESS: That is correct.
23
Q And did the owner's representative at that
23
MR BRANDENBURG: And so the back of this
24
meeting represent to the Commission that they would
24
structure has a one story cottage, and then off to the
25
remove the shed?
25
side or behind it is a shed —
6 (Pages 21 to 24)
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Page 27
1
THE WITNESS: That's right.
1
however that would be constructed.
2
MR. BRANDENBURG: — all right? Now, where
2
MR BRANDENBURG: All right, very good.
3
is the property line for this property?
3
Mr. Baird do you have any other questions?
9
THE WITNESS: It is right there.
9
MR. BAIRD: I do not.
5
MR. BRANDENBURG: So in your opinion, the
5
MR. BRANDENBURG: And does the City have, or
6
property line goes through the middle of the shed?
6
the Town have any further witnesses?
7
THE WITNESS: No, it goes through the
7
MR. THRASHER: No.
8
first — if this would be the front, it goes two foot
8
NM BAIRD: We do not; it does not.
9
eight inches into the shed itself.
9
MR BRANDENBURG: So the Town's case is
10
MR. BRANDENBURG: Okay, so the shed actually
10
complete?
11
sits on the property line.
11
MR. THRASHER: Yes.
12
THE WITNESS: Correct.
12
MR. BRANDENBURG: All right. And now we'll
13
MR. BRANDENBURG: Now, does the same owner
13
give the property owner an opportunity to present
19
own both lots?
19
anything they would like.
15
THE WITNESS: Yes. No. This, I believe, is
15
MR D'ANNA: Thank you. Call Mr. Quinn
16
in the City of Delray Beach. This property was
16
Miklos.
17
unified, I believe, this lot and this lot, in order to
17
MR MIKLOS: If you don't mind, l have a
18
build, later build an extension.
18
folder that I'm going to have to set up. Can 1 turn my
19
MR BRANDENBURG: So you believe —
19
back to you, and I'll be asking questions of
20
THE WITNESS: 1 believe it to be in, since
20
Mr. Thrasher, and then I can introduce evidence by
21
it's Borton Motors, I believe it to be in Delray Beach.
21
turning towards you, and then deal with Bill directly,
22
But the shed itself, in order — if it were the right
22
if you don't mind me taking that seat there.
23
materials, in order for it to be in the proper setback
23
MR. BRANDENBURG: Okay, how about if you sit
29
location would be 15 feet, a minimum 15 feet from the
29
on the end.
25
property line.
25
MR. MIKLOS: 1 can sit on the end.
Page 26
Page 28
1
MR BRANDENBURG: So the shed that's in
1
MR. BRANDENBURG: That would be fine.
2
question is partially on, for lack of a better word,
2
MR. BAIRD: Your Honor, may I inquire, is the
3
the defendant's property and partially on somebody
3
witness going to ask our witness questions, or is
9
else's property?
9
this —
5
THE WITNESS: That's my understanding. That
5
MR. MIKLOS: I'm an architect.
6
is correct.
6
MR BAIRD: Well, I'm a lawyer, but that's
7
MR. BRANDENBURG: So it's right on the
7
not really relevant to whether you're going to ask him
8
property line. There's no setback whatsoever.
8
questions or not.
9
THE WITNESS: Correct.
9
MR D'ANNA: My suggestion is that we put on
10
MR BRANDENBURG: And in order for, under
10
our testimony —
11
your opinion, for it to be conforming with the City
11
MR. MIKLOS: Okay.
12
code, it would have to be 15 feet off that property
12
MR D'ANNA: — and then perhaps I'll have an
13
line?
13
opportunity to question Mr. Thrasher, okay?
19
THE WITNESS: And made of the proper
19
MR BRANDENBURG: Sir, would you like to
15
materials.
15
present your case by introducing your witness and
16
MR. BRANDENBURG: And not made of metal?
16
asking him his name and address and what he's here for
17
THE WITNESS: Correct.
17
today?
18
MR BRANDENBURG: Could it be of any other
16
MR D'ANNA: Absolutely.
19
material other than that?
19
(Discussion held off the record.)
20
THE WITNESS: Typically, an accessory
20
MR. D'ANNA: Is it proper protocol for me to
21
structure is to mirror or match the architectural
21
sit while I'm interrogating —
22
styling of the home and the materials of the home, so
22
MR. BRANDENBURG: You can sit or stand —
23
in this case, it would be stucco.
23
MR. D'ANNA: Okay.
29
MR. BRANDENBURG: Okay.
29
MR. BRANDENBURG: — run around, whatever you
25
THE WITNESS: Concrete brick and stucco or
25
like.
7 (Pages 25 to 28)
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8 (Pages 29 to 32)
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Page 31
1
THEREUPON,
1
MR. BRANDENBURG: Sure.
2
QUINN ISTAVEN MIKLOS
2
THE WITNESS: The circle.
3
was called as a witness by the property owner, and
3
MR. D'ANNA: This will be in evidence.
4
having been previously sworn by the Special Magistrate,
4
MR. BAIRD: Could 1 just inquire of the
5
was examined and testified as follows.
5
witness?
6
DIRECT EXAMINATION
6
MR. BRANDENBURG: Yes.
7
BY MR. D'ANNA:
7
CROSS- EXAMINATION
8
Q Please state your name.
8
BY MR. BAIRD:
9
A Quinn Istaven Miklos.
9
Q So these Google Earth photos, you downloaded
10
Q And what is your residence address?
10
them from your computer?
11
A 2562 Avenue Au Soleil, Gulf Stream, Florida.
11
A Let's be technical. You don't download
12
Q Now, the issue that's before us today, does
12
photographs. They are taken from —
13
that relate to a home on property that you own?
13
Q Well, be whatever you want, but —
14
A My wife is the owner. 1 reside there.
14
A I'm not trying to be argumentative. This is
15
Q You're a resident, okay. And what is your
15
a quasi-judicial hearing. 1 want to be accurate. They
16
occupation?
16
weren't downloaded. You go to the web site, you click
17
A I'm an architect.
17
a certain image, you print it. It never — the
18
Q Now, with respect to the shed that's at issue
18
information never comes to your computer —
19
here, how long has a shed been on the property?
19
Q Okay.
20
A We have historical pictures going back to
20
A — which is the definition of download. And
21
1999.
21
we're not in confrontation. I'm just trying to get to
22
Q Let me show you some of those, and I'll ask
22
the truth.
23
you to identify these, if you will.
23
Q No, I'm just asking you: Did you print it
24
A Okay. I'm currently looking at a satellite
24
from your computer?
25
photo that was taken from Google Earth underneath the
25
A 1 printed it from my computer.
Page 30
Page 9.
1
tab Historical Satellite Images. I'm looking at an
1
Q What date did you print it?
2
existing shed that is in the front of the house. And
2
A ]t's not referenced there. I printed some of
3
it is in clear sight of the roadway at the end of the
3
this stuff today, but it goes back. I think I probably
4
existing driveway, which has been refinished, but is in
4
printed this about six weeks ago.
5
the same location as it is today.
5
Q And you're saying that this photograph
6
Q Would you circle the object that you
6
represents the property from 1999?
7
identified as the shed.
7
A Yes, correct.
8
A All right.
8
Q And that's what — Google Earth was in 1999?
9
Q And does that aerial shot truly and
9
This is a photograph on Google Earth from 1999?
10
accurately depict your property?
10
A Well, again, just to be absolutely correct,
11
A Yes.
11
Google Earth processes information from various
12
Q As of that — okay.
12
satellites. So the image is collected from — it could
13
A As of that time.
13
be a Palm Beach County satellite, whatever; I don't
14
Q And the next aerial shot is — could you
14
know all the collection methods. They are simply the
15
identify? This is the second —
15
bookkeeper or the librarian that says: You want this
16
MR BRANDENBURG: Let's take these one at a
16
image? I'll grab this for you and present it to you.
17
time. You're going to ask these to be admitted, right,
17
And its accurate to that date.
18
sir?
18
Q So did you ask for an image from 1999?
19
MR D'ANNA: Yes.
19
A It actually goes back. There's a linear bar,
20
MR BRANDENBURG: Mr. Baird, would you like
20
and you can go back in time. The limitations of it is
21
to take a look at these?
21
that you can go back further in time, but obviously,
22
THE WITNESS: If you want, I can — I've got
22
the technology did not exist at that time to be of
23
duplicate copies.
23
sufficient clarity to give you a picture. Like say I
24
MR THRASHER: I would like to see what he
24
wanted to go back further. This was the last clear
25
circled. Is that possible?
25
photograph that was able to be presented to me on my
8 (Pages 29 to 32)
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9 (Pages 33 to 36)
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Page 33
Page 35
1
computer screen.
1
this right here?
2
Q So how do you know this photograph is from
2
THE WITNESS: No. This right here.
3
1999?
3
MR. BRANDENBURG: This right here.
4
A Oh, because it says 1999.
4
THE WITNESS: Yes.
5
Q Where?
5
MR. BRANDENBURG: Okay. Now, and that is, in
6
A When you go to the web site, it says 1999.
6
your mind, this structure?
7
Q Yes, but that's not on this document,
7
THE WITNESS: No, it is not.
8
correct?
8
MR BRANDENBURG: What structure is this?
9
A No, it's not on this — oh, actually, let's
9
THE WITNESS: This is a shed that was located
10
just backtrack. This image comes from the U.S.
10
here in 1999. Here is the profile of the house. If
11
Geological Survey, and that's noted on there.
11
you don't mind me drawing on this, you can see that
12
Q Noted on where?
12
matched the survey. That's pool cabana, that's the
13
A If you present that tome, I'll gladly show
13
house, and there was a shed at that location —
14
you where it is. Right there. So that is a government
14
MR BRANDENBURG: So to match these pictures
15
geological —
15
up, I would put them like this, right? So we have the
16
Q Where does it say 1999 other than your
16
house structure here, and we have the one story
17
handwritten note?
17
facility back here, right?
18
A Other than that, no. les just on the web
18
THE WITNESS: Um -hmm.
19
site.
19
MR. BRANDENBURG: And you're saying that it
20
MR. BAIRD: Your Honor, my objection is to
20
does not depict the shed in 1999?
21
the authenticity of this document. There's no evidence
21
THE WITNESS: In 1999 the shed was located
22
that it's from 1999. It could be from 2013, it could
22
there.
23
be from 2014.
23
MR BRANDENBURG: Okay, so very good.
24
MR. BRANDENBURG: Okay, Mr. Baird, your
24
Continue.
25
objection is noted. We'll mark that as the Property
25
Page 34
Page 36
1
Owners Proposed Exhibit 1.
1
CONTINUED DIRECT EXAMINATION
2
(Property Owners Proposed Exhibit Number 1
2
BY MR. D'ANNA:
3
was marked for identification.)
3
Q For the record, the document that you just
4
MR. BRANDENBURG: Sir, can you hand that up
4
were going over with the magistrate, was that the
5
to me, please.
5
survey that you were indicating where the shed was
6
THE WITNESS: I'll go to Google Earth —
6
located in 1999?
7
MR. BRANDENBURG: No, no. Hand me the
7
A Yes. It was — let mejust focus us for one
8
picture.
a
more second.
9
THE WITNESS: Oh, sorry.
9
THE WITNESS: Do you mind if I approach and
10
MR. D'ANNA: Not the whole stack, Quinn. One
10
take a look at that survey?
11
at a time.
11
Okay, what this survey represents that's in
12
THE WITNESS: Oh, okay. You know what then?
12
front of the magistrate is the existent residence
13
Let me separate that for you. Excuse me.
13
probably prior, prior to our addition. We've had two
14
MR. BRANDENBURG: And as long as we're
14
additions.
15
talking about this photo and I'm seeing it now for the
15
MS. SWIFT: That is prior.
16
first time, you believe that this photo depicts the
16
THE WITNESS: All right. So this is prior.
17
shed in question in 1999?
17
We've had two additions. 2007- 2008;1 was in here for
18
THE WITNESS: No, it does not.
18
an application 2011. 2007 -2008 we built an addition on
19
MR BRANDENBURG: What do you believe this
19
this side. 20111 came in here for permission to build
20
picture is supposed to show me?
20
on this side.
21
THE WITNESS: It depicts a shed that was on
21
MR. BRANDENBURG: Now, you drew a red box on
22
the property in 1999, in the front part of our property
22
there. So that box indicates where you believe this J
23
in 1999.
23
Google from 1999 showed a box there?
24
MR. BRANDENBURG: Okay. Come on up here so
24
i}
TI-IE WITNESS: Yes.
25
that I understand. Here's the property. You're noting
25
MR. BRANDEN13URG: Okay, very good.
9 (Pages 33 to 36)
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Page 39
1
BY MR. D'ANNA:
1
not sure how he would know the shed was — that it
2
Q The next photo I'll show you, I'll ask you if
2
accurately depicts the shed in 2004.
3
you can identify the next photo.
3
MR. D'ANNA: I would request that it be
4
A Yes. The next photo, and this one is noted
4
marked, and 1 will find out with Ms. Miklos.
5
imagery date 1 -31 -2004. It's clear for the longitude
5
MR. BRANDENBURG: Yes, we'll mark this
6
and latitude of the property, and it shows the shed in
6
Proposed Property Owner's 2. Is this a composite
7
its current position.
7
exhibit, sir?
8
Q If you'd be so kind as to circle what you're
8
MR. D'ANNA: Well, you wanted us to go
9
referring to as the shed in its current position.
9
through them one at a time.
10
A 1 have done so.
10
MR. BRANDENBURG: All right.
11
Q Now, on this exhibit there are two Post -its.
11
MR. D'ANNA: You'll have to separate those
12
Do you see those?
12
out.
13
A Right.
13
(Property Owners Proposed Exhibit Number 2
14
Q And the Post -its indicate where the original
14
was marked for identification.)
15
shed was located, correct?
15
THE WITNESS: Would you like me to orientate
16
A Yes, that's correct.
16
you to that survey that you have, or are you —
17
Q And then there's the second Post -it that's
17
MR. BRANDENBURG: No.
18
below the first indicates where the shed was located at
18
BY MR. D'ANNA:
19
what point in time? It had to be there in '04, right?
19
Q Now, is your lot either of rectangular or
20
A It's therein '04. Between 1999 and 2004 the
20
square dimensions?
21
shed was removed — or excuse me, moved.
21
A No, it is not.
22
Q Now, does this aerial shot truly and
22
Q And how would you describe the configuration
23
accurately depict the layout of the shed and your home
23
of your lot?
24
as it existed in 2004?
24
A For the benefit of my testimony, I'm going to
25
A Correct. And just to go a little further, it
25
pull out the composite survey, and I'm going to review
Page 38
Page 40
1
matches the survey that has been provided by the Town
1
it. If you would like, 1 can hand it to the Town's
2
of Gulf Stream that the magistrate has.
2
representative. This survey, the composite of the both
3
MR BRANDENBURG: How long have you lived
3
lots, the lot is one entity, and it's comprised of --
4
there, sir?
4
one, two, three, four, five --
5
THE WITNESS: I've lived there since —
5
Q Well, let's do this. The survey that you're
6
MS. SWIFT: '08.
6
looking at, is that a true and accurate depiction of
7
THE WITNESS: 2008.
7
the configuration of your lot?
8
MS. SWIFT: Or'09.
8
A Absolutely.
9
THE WITNESS: My wife has lived there longer.
9
Q As of what date?
10
MR BRANDENBURG: Okay.
10
A I'm trying to see if it has a date. This was
11
MR. D'ANNA: And for the edification of the
11
prepared by —
12
magistrate, we'll be calling—
12
Q Is that the way your lot looks?
13
MR. BRANDENBURG: All right, very good. I
13
A Yes, that is. I don't know the date that the
14
understand.
14
survey was prepared, but it is the lot.
15
BY MR. D'ANNA:
15
MR. D'ANNA: We'd seek to have this marked as
16
Q Now, in terms of the configuration of your
16
Property Owner's 3.
17
lot, and this relates to the rear setback requirements,
17
MR. BRANDENBURG: Okay. Mr. Baird.
18
looking at this photo —
18
MR. D'ANNA: Do you have a copy for counsel?
19
MR. D'ANNA: And I'd seek to have this
19
THE WITNESS: Yes, absolutely.
20
photograph marked as the Property Owner's 2.
20
MR. BAIRD: My objection is it has no date.
21
MR. BRANDEN13URG: Yes, sir.
21
1 don't know how to authenticate it.
22
Mr. Baird, have you seen this photo?
22
MR. BRANDENBURG: Okay, Proposed Exhibit
23
MR BAIRD: I have. My objection to the
23
Number 3 for the property owner.
24
photo is that his testimony is that he didn't live
24
(Property Owner's Proposed Exhibit Number 3
25
there in 2004, he's only lived there since 2008, so I'm
25
was marked for identification.)
10 (Pages 37 to 40)
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11 (Pages 41 to 44)
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561 - 689 -0999
Page 41
Page 43
1
BY MR D'ANNA:
1
home is on the far left?
2
Q With respect to this exhibit, have you seen
2
A That is correct.
3
the configuration of the property that your home is
3
Q And it's sitting diagonally on your property?
4
located on?
4
A That is correct.
5
A Correct, l have.
5
Q Now, you mentioned a neighboring home.
6
Q And does this survey truly and accurately
6
A Correa.
7
depict the shape and parameters of the real properly
7
Q And there appear to be, is that three homes
8
that your home is located on?
8
to the right of it?
9
A Correct.
9
A Yes, that's correct.
10
MR. D'ANNA: Seek to have this marked as
10
Q Now, of the three homes, the one in the
11
Property Owners 3.
11
middle, what is that, to the rear of that home?
12
MR. BRANDENBURG: Have already marked it as
12
A That is a shed.
13
Property Owners 3.
13
Q Now, you mentioned that you determine the
14
MR. D'ANNA: Okay.
14
rear from side based on comparison of what, the homes
15
BY MR. D'ANNA:
15
next to yours?
16
Q Now, on this survey, we were talking about
16
A Correct. There are a couple steps that you
17
the configuration of your lot, specifically whether it
17
would do to lay out an irregular shaped lot. And one
18
was rectangular or square, and you indicated it was
18
is if you establish the road frontage, you go opposite
19
not.
19
the road frontage, and that would give you the rear.
20
A It is not.
20
And then if you have a side, you go opposite of that
21
Q Now, the shed that has been — for which
21
side, and then that would be your other side.
22
you've been cited for here is alleged to have — it's
22
Q So if you would hold this photo up so the
23
alleged to be located at the rear of your property. My
23
magistrate could see it, the shed of the neighbor —
24
question is: Is the shed at issue in the rear of your
24
MR BRANDENBURG: Why don't you let me have a
25
property?
25
copy of that so I know what you're talking about here.
Page 42
Page 44
1
A No, it is not.
1
MR D'ANNA: Okay.
2
Q Why?
2
MR BRANDENBURG: So this is Property Owner
3
A Because it's on the side of the property.
3
Proposed 4, correct?
4
Q Please explain.
4
MR D'ANNA: Yes, sir.
5
A The side of the properly is parallel to the
5
MR BRANDENBURG: All right, P4 Proposed.
6
side that it joins my neighbor. And one of the primary
6
(Property Owners Proposed Exhibit Number 4
7
tests when you're going through fronts, sides and rears
7
was marked for identification.)
8
is to create your adjacencies and your parallels. So
8
MR. BRANDENBURG: Okay, sir, now, if you'd
9
the rear of the property parallels the street,
9
like to testify, continue. Please go ahead.
10
predominantly, and the side where the shed is located
10
THE WITNESS: Well, now that you have the
11
is almost identically parallel to my adjoining
11
benefit of this picture in front of you, this is my
12
neighbor, Mr. Maier.
12
adjacent neighbor. This survey reflects the
13
Q Is there a picture that we have that you can
13
configuration of the lot prior to our addition here.
14
explain that pictorially?
14
This is my side property line, common with my neighbor,
15
A I have a Google Earth image that represents
15
opposite that where my shed is located. Here's the
16
several homes adjacent to my house.
16
front of my house. Opposite that is the rear of the
17
Q Let's look at the Google Earth dated March
17
house.
18
21, 2011, this one here.
18
MR. BRANDENBURG: Okay, let me ask you a
19
A Okay, you said —okay, March 21st, 2011?
19
couple questions to cut through this. Here is the
20
That will work, yes.
20
front -
21
Q Does this aerial survey truly and accurately
21
THE WITNESS: Correct. j
22
depict your home and the location of the shed as of
22
MR BRANDENBURG: —road, right? 41
23
that date?
23
THE WITNESS: Um -hmm.
24
A That is absolutely correct.
24
MIL BRANDENBURG: So wouldn't that line right
25
Q Now, if one's looking at this photo, your
25
along there typically be called the front of the front
11 (Pages 41 to 44)
Florida Court Reporting
561 - 689 -0999
12 (Pages 45 to 48)
Florida Court Reporting
561 - 689 -0999
Page 45
Page 47
1
setback? Wouldn't that line establish the front
1
commercial properties that have— they can have two
2
setback?
2
fronts, they can have two rears. Just dealing with
3
THE WITNESS: Because of the roadway, that
3
residential properties, you have a road front. That is
4
would be one way of determining the front.
4
pretty much the first place that you would make a
5
MR BRANDENBURG: Okay. So wouldn't this be
5
decision.
6
a side?
6
You have a recognized side setback because
7
THE WITNESS: Correct.
7
you're in common with a neighbor, and that establishes
8
MR. BRANDENBURG: And wouldn't this be a
8
your side. So it's from that, those two tests, then
9
side?
9
it's easy to ascertain your side and your rear by
10
THE WITNESS: That's correct.
10
simply going what's parallel to your front, what angles
11
MR. BRANDENBURG: So the only — and you're
11
open up, because you can have a multisided lot. And
12
suggesting that these two in back are also sides?
12
this is how you create your front, rear and side
13
THE WITNESS: No. This is the rear; this is
13
setbacks.
14
the side.
14
Q Then based on that formula, where would the
15
MR. BRANDENBURG: This one's the rear and
15
rear of your residence be in the picture that were
16
this one's the side. Now, what distinguishes those
16
talking about?
17
two?
17
A In the picture that we're talking about, and
18
THE WITNESS: The acuteness or the obtuseness
18
the general magistrate has the picture now, I've
19
of the angle and the parallelness to an existing and
19
indicated to you previously where the rear is.
20
agreed upon side property line that's common with a
20
THE WITNESS: Would you like me to approach
21
neighbor.
21
you and show you again?
22
MR. BRANDENBURG: Okay, thank you.
22
MR. BRANDENBURG: Well, your attorney is
23
BY MR. D'ANNA:
23
asking that question.
24
Q So how long have you lived in this house?
24
THE WITNESS: Okay. All right. This would
25
A 2008.
25
be the rear setback that he's asking me about.
Page 46
Page 46
1
Q And since you've lived there, is this shed
1
MR. BRANDENBURG: Okay.
2
that's two houses down, has that shed always been
2
MR. D'ANNA: 1 didn't see where you —
3
there?
3
MR. BRANDENBURG: Gentlemen, would you like
4
A Always been there.
4
to come up here?
5
Q Do you know what it's constructed of?
5
THE WITNESS: This is the rear; that's the
6
A From the road it has a glass window, a garage
6
rear.
7
door, cement roof tile and —
7
BY MR. D'ANNA:
8
Q And would that be within the 15 foot —
8
Q So for the record, the rear would be the line
9
A No. It's, as far as I can tell, it's right
9
that is — that the shed two houses down sits on?
10
on the rear property line. We have made repealed
10
A That's correct.
11
requests from the Town to provide us with that
11
Q Now, there was testimony that —
12
information, and we have not been provided with a
12
MR. BAIRD: Your Honor-
13
survey of that information.
13
MR. D'ANNA: I apologize.
14
Q So I just want to be clear. Is this shed
14
MR BAIRD: I'm sorry, just so it's clear,
15
compliant with the 15 foot setback?
15
could we have him indicate what he believes to be the
16
A No, absolutely not.
16
rear on the survey, the rear property line?
17
Q With respect to your lot, based on the
17
MR BRANDENBURG: On P -3, would you please
18
formula that you indicated, is that a recognized
18
designate then the front of the house.
19
formula for determining where the rear of a property is
19
THE WITNESS: (Complies.)
20
if you have an irregular configured lot?
20
MR. BRANDENBURG: Okay, now where are the
21
A It is the primary test. You would go with —
21
sides from which you believe the side yard setback
22
when you have a multisided piece of property, whether
22
should be measured?
23
it's commercial or residential, the primary test that
23
THE WITNESS: (Complies.)
24
you do is to establish your road frontage. For the
24
MR. BRANDENBURG: Okay, very good.
25
purposes of this conversation, I won't get into
25
Mr. Baird, would you like to take a look at
12 (Pages 45 to 48)
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13 (Pages 49 to 52)
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Page 49
Page 51
1
that?
1
light of the fact that some of it's on and some of it's
2
MR. BAIRD: Yes, actually. Could you hand
2
not on your property?
3
that to me, and I'll write it on mine. Front, rear,
3
A The owners of Borton Motors built a ten foot
4
side. Thank you.
4
high concrete wall, essentially walling themselves off
5
THE WITNESS: Thanks.
5
from our property. So the result of that is 1 have,
6
MR. BRANDENBURG: Yes, sir.
6
and I have maintained for about — I don't want to give
7
MR. BAIRD: Thank you.
7
a numeric value. We're under the full control of a
8
BY MR. D'ANNA:
8
piece of property that essentially they've closed their
9
Q There was also testimony that apparently your
9
back to, because the wall is ten feet in some areas.
10
shed partially is situated on property within the Town
10
And again, they have no maintenance — no way to get on
11
of Gulf Stream and partially in what Mr. Thrasher
11
the site to maintain the grass or anything, so it's on
12
believed was the Town of Delray?
12
our side of the property.
13
A That's correct.
13
Q So how much of the shed is on your property
14
Q Is that accurate?
14
and how much is not?
15
A Yes. The neighbor adjoining to me, the
15
A I do not have that information. Let me see
16
commercial property, he has built an eight to ten foot
16
if I do have that information.
17
wall, and the shed is at the wall. So the portion of
17
MR BRANDENBURG: Sir, do you claim ownership
18
land, he's gone — do you mind if for a second I can
Is
of the property that — the entire property that the
19
show you on a survey that I think will be more
19
shed sits on?
20
illustrative to show the wall that exists?
20
THE WITNESS: No. I claim that it's the
21
Q Okay.
21
de facto property line because I have this wall.
22
A And I would rather refer to that instead of
22
MR. BRANDENBURG: So has the real property
23
being ambiguous in my testimony.
23
owner ever said to you: I'm giving up my right to that
24
Q So which survey would you like to refer to,
24
property? j
25
that which we marked as —
25
THE WITNESS: No, we haven't had a i
Page 50
Page 52
1
A It's the one prepared by Bruce Carter.
1
conversation.
2
Q P4, Property Owner 4.
2
MR. BRANDENBURG: Okay. Now, do you have ;
3
MR. BRANDENBURG: P4 is the picture. P -3 is
3
access to the entire shed?
4
the survey by Bruce Carter.
4
THE WITNESS: Yes.
5
BY MR. D'ANNA:
5
MR. BRANDENBURG: And do you have and do you
6
Q So why don't you mark it on the exhibit in
6
maintain things in the shed? I assume you store stuff
7
evidence.
7
in there.
8
THE WITNESS: Sir, may 1 approach?
B
THE WITNESS: Do you mind if approach to
9
MR BRANDENBURG: Yes.
9
you and give you a little bit of clarity?
10
THE WITNESS: Right here is the wall that I
10
MR. BRANDENBURG: No, just answer my
11
referred to, and it's common with —
11
question.
12
MR BRANDENBURG: Okay, here's the question I
12
THE WITNESS: Yes, your question is 1 have
13
have for you. Do you own this property here?
13
sole control. They have a wall that's continuous with
14
THE WITNESS: No.
14
our whole property -
15
MR. BRANDENBURG: So you only own a portion
15
MR. BRANDENBURG: I understand the wall
16
of the property that the shed sits on, or one -third of
16
issue. I understand they own the property upon which
17
it—
17
it looks like roughly two-thirds of the --
18
THE WITNESS: 1 own the portion of the
18
THE WITNESS: Right.
19
property that part of the shed sits on. I am under the
19
MR BRANDENBURG: — shed sits. The door to
20
control, because of this ten foot high wall that we
20
the shed is on your property, right?
21
have to maintain on our side, as the de facto property
21
THE WITNESS: That's correct.
22
line.
22
MR. BRANDENBURG: You access it and you put
23
MR. BRANDENBURG: Okay, thank you.
23
stuff in the whole shed?
24
BY MR. D'ANNA:
24
THE WITNESS: That's correct.
25
Q How are you able to keep the shed there in
25
MR BRANDENBURG: Okay, good. I just wanted
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1
to get a clear picture in my head.
1
Have you seen this photo?
2
Please continue, sir.
2
(Property Owner's Proposed Exhibit Number 5
3
BY MR. D'ANNA:
3
was marked for identification.)
4
Q How long have you been maintaining that
4
MR. BAIRD: Okay.
5
properly?
5
BY MR. D'ANNA:
6
A I would say over ten years. Actually, excuse
6
Q Now, the addition —when did you commence
7
me fora second. Let me just refer to a satellite
7
the last addition? Let me restate that.
8
photo, because I would say that — let me go back to
8
On or about October 30th of 2007, did you
9
this record. That wall was in existence since 1999.
9
perform any improvements to your home for which you
10
It's on the satellite image. So we're going back over
10
sought approval from the County?
11
a decade. And that's just by the satellite image. So
11
A From the Town we sought approval for an
12
over— we're approaching, what, 15 years or so.
12
addition that's not represented on the survey that the
13
MR, BRANDENBURG: Sir, 1'd like you to
13
general magistrate has.
14
testify as to your own personal knowledge. You already
14
Q Let me show you a survey and you can give me
15
testified that you've lived there since 2008.
15
a copy here. Could you identify that document?
16
THE WITNESS: Okay.
16
A This is a survey of our property that has a
17
MR, BRANDENBURG: Correct?
17
stamp by the Town of Gulf Stream, October 30th, 2007,
18
THE WITNESS: That's correct.
18
Town of Gulf Stream, Received.
19
MR. BRANDENBURG: Okay. So since 2008, that
19
Q And does this survey depict the shed?
20
shed has been there, and you've seen it, you filled it
20
A Yes, it does.
21
with stuff—
21
Q And is the location of the shed the present
22
- THE WITNESS: Right.
22
location of the shed?
23
MR. BRANDENBURG: — and you've accessed it.
23
A Yes, sir.
24
THE WITNESS: That's correct, sir.
24
Q Were these plans approved by the Town of Gulf
25
MR. BRANDENBURG: And you've maintained it,
25
Stream?
Page 54
Page 56
1
right?
1
A Yes, sir.
2
THE WITNESS: Correct, sir.
2
Q And now, what was it that you were — what
3
MR. BRANDENBURG: Okay.
3
type of improvements were you making to your home at
4
BY MR. D'ANNA:
4
the time this application was submitted?
5
Q There's another photo aerial of your
5
A We were making substantial approval — excuse
6
residence that shows the configuration of your home
6
me — improvements to the home. I'm trying to search
7
after the most recent addition in 20117
7
here. I'm looking at the staff report from that time,
8
A That's correct.
8
and it was 1 went through the Architectural Review
9
Q And does that photo truly and accurately
9
Board and the Town Council, which is the highest level
10
depict the condition of your property and what was on
10
of approval from the Town. And essentially, we were
11
it at the time the photo was taken?
11
adding, and I'm referring to the Town's note, 2,376
12
A Are you referring to the 3 -21 -2011?
12
square feet to an existing one story Gulf Stream
13
Q No, that's — it would be the one after
13
Bermuda single family residence. And I'm reading this
14
that —
14
from the Town of Gulf Stream Architectural Review and
15
A Oh, okay.
15
Planning Report that was prepared by the Town.
16
Q — in the stack I gave you.
16
Q Now, so how long did it take— so these
17
A And I have it here, yes. This is our current
17
plans were approved?
18
configuration of the home.
18
A These plans were approved. I went through a
19
Q And where is the shed as depicted in this
19
staff meeting, actually several staff meetings with
20
current —
20
Bill Thrasher and Rita, and then I went in front of the
21
A It's in the some location, but it's not
21
Architectural Review Board, received approval there,
22
visible by satellite.
22
and then I went in front of the Town Council and
23
MR. BRANDENBURG: Okay, sir, we're going to
23
received approval at that point too to build the
24
mark that as Property Owners Proposed Exhibit Number
24
addition.
25
5. If you could show it to Mr. Baird.
25
Q Did Mr. Thrasher at any time during the
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permitting and approval process for this addition that
1
and now the house and cabana connected?
2
was received by the City October 30 — Town October 30,
2
A That's correct. That's how 1 received my
3
2007, did he actually physically visit your property?
3
favorable staff report, by giving them that caveat
4
A Yes.
4
connecting the main residence to the cottage.
5
Q And when he visited the property, were there
5
Q Now, at anytime were you told during this
6
any discussions about the shed that is the subject
6
permitting and construction and approval process, were
7
matter of today's proceeding?
7
you told by anybody from the Town, including
8
A Just for clarity, he visited the site when
a
Mr. Thrasher, that you had to remove the shed because
9
the house was completed. We had discussions about the
9
it violated the rear setback?
10
shed during our planning portion. Again, the procedure
10
A Never.
11
1 went through, meeting with staff to get their
11
Q At anytime during this process, were you
12
understanding and to get a favorable staff report; from
12
told by Mr. Thrasher that you had to remove the shed
13
that point, I went to the Architectural Review Board,
13
because it was of a nonconforming metal material?
14
traveling underneath their staff report; from that
14
A Never.
15
point, I traveled to the Town Council, traveling
15
Q Did Mr. Thrasher have any input in terms of
16
underneath the ARPB approval and a staff report, a
16
where the shed would be located?
17
favorable staff report.
17
A Mr. Thrasher actually selected the location
18
Q And what, if anything, was discussed about
18
of the shed.
19
the shed?
19
Q When did that happen?
20
A What was discussed about the shed is that 1
20
A I think my wife is better suited for that
21
had to compromise and connect my one story cottage in
21
testimony, because 1 don't have direct knowledge of ?
22
the back to the main portion of my house to maintain
22
that.
23
only two structures on the property. I was told during
23
Q Where was it located before this discussion?
24
that planning phase that the Town would look upon the
24
A The shed, previous to my living there, was in j
25
shed as a third structure on the site, so therefore, l
25
the front of the house.. i
Page 58
Page 60
1
had to have a physical roof connection between the
1
Q And when was it moved to the current
2
cottage and the house, which I provided to the Town
2
location?
3
during the staff portion of our meeting, presented it
3
A 1 don't have that exact date, but it was
4
to the Architectural Review Board as a connection
4
before 2004.
5
between the house and the existing cabana, and also
5
Q Do you have personal knowledge in terms of
6
presented it to the Town Council underneath a
6
what the shed cost to put on the property?
7
connection from the main house to the one story
7
A No.
8
cottage.
8
MR. BAIRD: Objection. Relevance.
9
Q So as 1 understand it, at the time the Town
9
BY MR. D'ANNA:
10
had an ordinance that limited independent structures on
10
Q Do you know what it would cost to remove the
11
any piece of property to two.
11
shed from the property?
12
A That was my understanding from that
12
MR. BRANDENBURG: Objection overruled.
13
conversation I had with staff.
13
BY MR D'ANNA:
14
Q And at the time these plans were put in, you
14
Q What would it cost?
15
were deemed to have three?
15
A To remove the shed? Several thousand.
16
A Deemed to have three.
16
Q What did it cost to install it?
17
Q The cabana house, the house and the shed?
17
A I don't have knowledge of that. j
18
A That's correct.
18
Q Who would know?
19
Q And in order to accommodate and comply with
19
A My wife.
20
the ordinance, you connected the cabana house to the
20
Q Are there other homes in the community that
21
house by connecting the roof?
21
have sheds?
22
A By connecting the roofs of those two
22
A Yes.
23
structures.
23
MR. BAIRD: Your Honor, I'm going to object
24
Q And by doing that, you then became in
24
to this testimony. The case involves this property,
25
compliance with the two structure rule, namely the shed
25
and other properties having sheds or not having sheds
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is irrelevant.
1
A 1 took these photographs probably about six
2
MR. D'ANNA: It's relevant to selective
2
weeks ago.
3
enforcement, so at least I can make a record, assuming
3
Q And this home is located in the same
4
Your Honor sustains —
4
community that —
5
MR BRANDENBURG: Sir, you can go ahead with
5
A He is opposite me and across the street. I'm
6
your questioning, please.
6
at one comer, and he's at another comer.
7
MR. D'ANNA: Thank you.
7
Q And where in this picture is the shed?
8
BY MR D'ANNA:
8
A If you look to the left of the property,
9
Q 1 place before you a composite exhibit, but
9
there is a shed that is abutting the residence.
10
we're going to go through them individually if we can.
10
Q And is it located behind what appears to be a
11
And the question is: Do other homes in the community
11
bush of some son?
12
have sheds?
12
A Correct.
13
A Yes; yes, they do.
13
Q Could you circle it?
14
Q Now, did you take pictures of the other homes
14
A (Witness complies.)
15
with sheds?
15
Q Do you know what that shed is made out of?
16
A Yes, 1 did.
16
A No.
17
Q And how many pictures are therewith other
17
MR D'ANNA: We'd seek to have this marked in
18
homes in your subdivision with sheds?
18
evidence has Property Owner's next exhibit.
19
A The pictures that I've concentrated are just
19
MR. BAIRD: Could I see where its circled?
20
two. From aerials, there's at least three or more.
20
Okay.
21
Q Now, these two are in addition to the one
21
Our objection is to relevance. Otherwise, no
22
that's shown in the previous photo we introduced as
22
further objections.
23
having the shed in the rear of the house?
23
MR. BRANDENBURG: Okay, we're going to mark
24
A The three that I'm talking about include that
24
it as Property Owner 6.
25
one, the one that I'm looking at to the left, and then
25
(Property Owner's Exhibit Number 6 was
Page 62
Page 64
1
1 think — and I have a picture of an aerial of another
1
received in evidence.)
2
shed that's in the community as well.
2
BY MR. D'ANNA:
3
Q Let me digress a minute. Mr. Thrasher
3
Q And we were talking about the survey before
4
testified that — and I'm paraphrasing — that in
4
that — and you identified it as a survey that you
5
connection with determining if there were any permits
5
submitted in regard to improvements.
6
originally issued for the shed, that they weren't able
6
A The survey, yes, that's dated October 30th,
7
to find any such permits. At any point in time during
7
2007.
8
this process after you were notified of the violation,
8
Q Okay. And —
9
did you request information with respect to permits
9
MR. BRANDENBURG: Have you submitted that,
10
issued, any permits issued regarding the shed that has
10
sir?
11
been on your property, whether the initial one or the
11
THE WITNESS: I don't believe so.
12
new one?
12
MR. BRANDENBURG: Would you like to?
13
A Repeatedly.
13
MR. D'ANNA: Yes, sir.
14
Q And were you able to obtain any such records?
14
MR. BRANDENBURG: Mr. Baird, do you have a
15
A I was ignored. And that's no.
15
copy?
16
Q Now, the photos I've placed before you, one
16
MR. BAIRD: Is this it?
17
is a photo of— a little blurry. It appears to be of
17
THE WITNESS: Yes. Let mejust take a closer
18
a garage door home.
18
look just to —
19
A That's correct.
19
MR. BAIRD: 1 think that it's the same as —
20
Q And does this picture truly and accurately
20
MR. D'ANNA: Is that the same as — is that a
21
depict the condition of the home that you —
21
reduced version of —
22
A It does.
22
MR. BAIRD: Town Exhibit 3.
23
Q Did you take the photo?
23
THE WITNESS: His exhibit — is that a
24
A I personally took these photographs.
24
question? Do you want me to answer?
25
Q Approximately when?
25
MR. BAIRD: No, I —
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1
MR- BRANDENBURG: May I see it, please?
1
this, because I have my own, and 1 have one for the
2
MR. BAIRD: But I have no objection to it.
2
magistrate.
3
MR BRANDENBURG: All right.
3
(Discussion held off the record.)
9
MR. BAIRD: So is that 3? 1 mean what number
9
BY MR. D'ANNA:
5
is that?
5
Q And I've shown you another photograph. So if
6
MR. BRANDENBURG: This is Property Owner 7,
6
you can, we'll identify them.
7
which appears to be same as what the Town submitted as
7
A Correct.
8
Town 9.
8
Q So the photograph that you have in your hand
9
(Property Owner's Exhibit Number 7 was
9
right now, you have two photographs. Explain what the
10
received in evidence.)
10
two photographs show.
11
BY MR. D'ANNA:
11
A There's two photographs. One is a record
12
Q Now, is there another photo of a different
12
photograph from the construction project that occurred
13
home that has a shed on the property?
13
with the 2007 -2008 approval from the Town. And the
19
A Yes, sir.
19
second photograph is a picture of the inside of the
15
Q And did you take this photograph?
15
shed.
16
A Yes,1 did.
16
Q And the picture from the inside of the shed
17
Q When?
17
shows that it's made out of what material?
18
A Approximately six weeks ago.
18
A Wood.
19
Q And does it truly and accurately depict the
19
Q Now, Mr. Thrasher introduced pictures about,
20
condition of that property when you took the photo?
20
1 think, close -ups of what he contended were parts of
21
A Absolutely.
21
your shed.
22
Q And what does the photo depict?
22
A Correct.
23
A It depicts a shed or a structure at the rear
23
Q The picture in your left hand shows the
29
of this property.
29
external shed?
25
Q At the rear?
25
A That's correct.
Page 66
Page 68
1
A At the rear of this property.
1
MR. BAIRD: I'm sorry, which one is that?
2
MR. D'ANNA: Seek to have this marked in
2
THE WITNESS: If you need your own copy, l
3
evidence as Property Owner's next exhibit, Your Honor.
3
may have an additional —
A
MR. BAIRD: Objection to relevance.
A
MR BAIRD: I've got it
5
MR. BRANDENBURG: Okay, now, whose property
5
MR BRANDENBURG: Okay, gentlemen, we've got
6
is this behind? What's the address on it?
6
P -9 and P -10. Would you like to show those tome,
7
THE WITNESS: 255 — excuse me. 2550 Avenue
7
please?
a
Au Soleil. We're all Avenue Au Soleil. We spoke about
a
Mr. Baird, do you object to these photos?
9
this before.
9
MR, BAIRD: No.
10
MR. BRANDENBURG: Okay, we're going to mark
10
THE WITNESS: P -9, I'm going to give P -9 as
11
this as P -8.
it
the exterior.
12
(Property Owner's Exhibit Number 8 was
12
MR BRANDENBURG: Okay, this will be P -9.
13
received in evidence.)
13
(Property Owner's Exhibit Number 9 was
19
BY MR D'ANNA:
19
received in evidence.)
15
Q Mr. Miklos, do you have a picture of the shed
15
MR BAIRD: P -9 is — - 1
16
that's on your properly?
16
MR. BRANDENBURG: The exterior of your shed.
17
A I think I do. Hold on a second.
17
THE WITNESS: The exterior of my shed during
18
Q Let me show you, I've got a compilation of
18
the 2007 -2008 building cycle.
19
pictures here, so why don't you see if you can pick —
19
MR BRANDENBURG: Okay.
20
A Okay.
20
THE WITNESS: And that is a relevant picture
21
Q We're going to mark them individually, okay?
21
within the last six weeks of the inside of the shed.
22
A Okay.
22
MR. BRANDENBURG: Inside the shed.
23
Q So my question was: Do you have a picture of
23
THE WITNESS: Yes, sir.
29
the shed that currently sits on your property?
29
MR. BRANDENBURG: Okay. And we're going to i
25
A Correct, I do. I'm going to give you back
25
mark that as P -]0.
t
17 (Pages 65 to 68)
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1
(Properly Owner's Exhibit Number 10 was
1
MR. BRANDENBURG: This says 2009.
2
received in evidence.)
2
THE WITNESS: Right. Okay.
3
MR. BRANDENBURG: Okay, sir, could you come
3
BY MR. D'ANNA:
4
up here? This shows what looks to be like the roof
4
Q The lower left -hand comer.
5
structure, insulation. And inside of the shed it looks
5
A Okay, it is dated 11-30-2009.
6
like on the structural two-by -fours there is plywood of
6
MR. BRANDENBURG: 1 thought the second
7
some type on the inside?
7
addition occurred in 2007.
8
THE WITNESS: Yes, sir.
8
THE WITNESS: Sir, we're only speaking about
9
MR. BRANDENBURG: Okay. Now, do you contend
9
the first addition.
10
that this photo shows that the outside is also wood?
10
MR. BRANDENBURG: Okay. So the first
11
THE WITNESS: No, I don't contend that. I
11
addition occurred in 2009?
12
contend that that — the construction of the shed is a
12
THE WITNESS: May 1 approach you just to show
13
wood shed.
13
you?
14
MR, BRANDENBURG: What is the outside of the
14
MR. BRANDENBURG: No, just —
15
structure?
15
THE WITNESS: We're still dealing with the
16
THE WITNESS: It is a clapboard siding that
16
'07 application. That has to be when the project was
17
is a composite material that has dimples that is - -1
17
completed.
18
don't know the exact name. It does have metal in it,
18
MR BRANDENBURG: So the'07 addition was
19
but it may also have fiberglass in it.
19
completed in'097
20
MR. BRANDENBURG: Thank you, sir.
20
THE WITNESS: Yes, sir.
21
BY MR. D'ANNA:
21
MR. BRANDENBURG: Thank you.
22
Q Now, with respect to the 2007 application —
22
BY MR D'ANNA:
23
A Yes, sir.
23
Q And the Certificate of Occupancy related to
24
Q —was the work that you did inspected for
24
plans in which the shed was a part of the project?
25
final approval?
25
A Yes. And it was issued after a visit by Bill
Page 70
Page 72
1
A Yes.
1
Thrasher, the Town manager.
2
Q Were you issued a Certificate of Occupancy?
2
Q So in 2011 you constructed another addition?
3
A Yes. And I would like to clarify that, if 1
3
A Yes, sir.
4
can.
4
Q And for what reason?
5
Q Well, do you have the certificate?
5
A We needed additional space to deal with a
6
A Yes, I absolutely have the Certificate of
6
condition that my wife has, and we needed additional
7
Occupancy.
7
room.
8
MR D'ANNA: Why don't we mark that.
8
Q A medical condition?
9
THE WITNESS: Okay. I have my own copy, Ron.
9
A A medical condition, yes.
10
MR D'ANNA: Okay.
10
Q And there's been mention of the fact that
11
BY MR D'ANNA:
11
when the Town approved the plans for the 2011 work,
12
Q Is that a true and accurate copy of the
12
that there were conditions attached to it.
13
Certificate of Occupancy regarding the October 2007
13
A That's correct.
14
plans?
14
Q And one of the conditions was your purported
15
A Yes, sir, it is.
15
agreement to take down the shed?
16
MR. BRANDENBURG: Okay, P -1 1, Certificate of
16
A That is correct.
17
Occupancy, October 2007 addition to the property.
17
Q And who did you discuss that condition with,
1B
(Properly Owner's Exhibit Number 11 was
18
if anybody?
19
received in evidence.)
19
A I had a conversation with —Bill Thrasher
20
BY MR. D'ANNA:
20
was there and Rita was also there.
21
Q And the approval came when?
21
Q And what was said by Mr. Thrasher and what
22
A The approval —
22
was said by you?
23
Q The Certificate of Occupancy is dated
23
A I went with a plan, showed him the proposed
24
11- 30.2009?
24
addition, the design of it. And we had several
25
A I think I gave away my copy.
25
meetings over it. But the pertinent conversation that
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1
we had was regarding the shed. And he said he received
1
Sir, if you could, please move this forward.
2
a directive from the Town Council that there's no more
2
BY MR D'ANNA:
3
sheds in Gulf Stream, so my shed would have — would
3
Q Anything else that you have to offer with
4
not survive by — in order to do my proposed addition,
4
respect to the shed that I haven't otherwise asked you?
5
1 would have to give up the right to the shed.
5
A Let me just kind of consult my notes. Well,
6
Q No more sheds, period, irrespective of what
6
regarding the shed, that pretty much sums up the
7
they're made out of?
7
progress of the shed. The only thing that we did not
8
A My understanding of his comment, he said they
8
discuss was the failure for the City to cooperate with
9
don't want sheds, irrespective of compliance — and
9
the discovery and interrogatories. Mr. Thrasher
10
this is my interpretation — compliance, construction
10
directed me to the City Attorney, who never —
11
type, just no more sheds in the Town of Gulf Stream.
11
MR. BRANDENBURG: I'm going to interrupt you
12
And he further went on and said that I would not have a
12
right there.
13
justification to keep the shed since 1 would now have a
13
THE WITNESS: Okay.
14
five car total garage —1 added three, and I had
14
MR BRANDENBURG: That is totally irrelevant
15
two — and that 1 would not have a chance, and his word
15
to this matter.
16
was zero chance to get through Town Council an approval
16
THE WITNESS: Okay. Oh, yes, there is one
17
for the project.
17
thing.
18
Q Now, this was the shed that's been on your
18
BY MR D'ANNA:
19
property since — well, 2007 you submitted plans.
19
Q Did you ever have a discussion with respect
20
A Correct.
20
togmndfathering?
21
Q They were approved in'09, and the shed was
21
A Exactly.
22
there?
22
Q And these other sheds, with whom and what was
23
A Bill had his feet on the ground at the time
23
said by — who did you speak to?
24
of that C.O., so in 2009. And I have pictures of what
24
A There's two significant conversations. One
25
he would have seen on the site, so, yes.
25
was underneath a written conversation. And I wrote to
Page 74
Page 76
1
Q Now, when you had this discussion with
1
Bill —
2
Mr. Thrasher in — was it 2011?
2
Q Mr. Thrasher!
3
A Let mejust get a little orientated, because
3
A Mr. Thrasher. 1 wrote to him a letter dated
4
1 have the date of the staff report, and I will be able
4
October 22nd, 2013. And I have a response from him,
5
to give you a time. Okay, it's in 2011, and I'm just
5
from Mr. Thrasher dated November 7th, 2013. And I'm
6
trying to see if there's a date. Okay he — well,
6
going to search for Mr. Randolph's response to that
7
let's see. 1 was in front of the Architectural Review
7
open issue.
8
Board on June 10th, 2011. So my meeting with Bill and
8
MR. BAIRD: Your Honor, I would note for the
9
Rita occurred prior to that date.
9
record that the two documents that the witness
10
Q How far downstream were you, so to speak, in
10
identified are Town exhibits, Composite Exhibit 8, both
11
terns of the cost that you would incur prior to the
11
the October letter and the November 7th letter.
12
time Mr. Thrasher told you that you wouldn't get
12
BY MR. D'ANNA:
13
approval unless you agreed to take down the shed that
13
Q And so the two letters that you've identified
14
was on your property and approved in 2007?
14
are already in evidence, and what was the third
15
A I was way downstream. There was sufficient
15
document?
16
effort to join the sites together, which — into one
16
A The third document was an e-mail from the
17
site, the two separate properties. There was my time,
17
Town Attorney dated May 30th, 2014.
18
my design time, my drafting of it, elevations, proof
18
Q So what was the subject matter of your
19
plans, significant amount of time. I would put my time
19
discussions with Mr. Thrasher that led to comments in
20
into it at over 540,000 of professional fees.
20
the letters?
21
MR. BAIRD: Well, Your Honor, I wasn't sure
21
A I wrote to Mr. Thrasher that —
22
what he was going to say. My objection is to
22
MR BAIRD: My objection is that those
23
relevance, and I would move to strike that testimony.
23
documents speak for themselves in terms of what was
24
MR. BRANDENBURG: Okay, I'm going to go ahead
24
communicated and what was communicated back
25
and allow that testimony to stand.
25
MR BRANDENBURG: Okay. If the witness would
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like to testify as to the background regarding the
1
Q —and-
2
communications, he can. 1 can read the communications
2
A And 1 will rip off -
3
myself.
3
MR D'ANNA: Seek to mark that as Property
4
THE WITNESS: Okay, I'll allow you to —
4
Owner's next exhibit.
5
okay. Would 1 like to clarify, just give the
5
MR. BAIRD: Well, l would object to the
6
background of it.
6
admission of the exhibit without Mr. Randolph's
7
In my October 22nd, 2013 communication with
7
response being in the record as well. I mean you can't
8
the City, 1 raised the question of that there was an
8
testify that this is factual information and supply
9
illegal and improper quid pro quo in that the City did
9
only one side of the facts.
10
not have the right to ask me to surrender property that
10
MR. BRANDENBURG: Okay, Mr. Baird. Well, you
11
was legally on the site without objection, without
11
can supply the other side of the facts. I'm going to
12
violation, without a word from them, to build a lawful
12
allow this in as Property Owner's Exhibit 12.
13
and totally in compliance structure on adjacent
13
(Property Owner's Exhibit Number 12 was
14
property, and that he set up a system that was
14
received in evidence.)
15
basically discriminatory. And I wrote to him, and he
15
BY MR. D'ANNA:
16
responded to me, and then he was later contradicted by
16
Q Anything else, Quinn?
17
the City Attorney.
17
A I believe that covers the information.
18
BY MR. D'ANNA:
18
(Discussion held off the record.)
19
Q This is on the grandfathering issue?
19
MR. BRANDENBURG: Anything else for this
20
A Yes.
20
witness, sir?
21
Q So what did Mr. Thrasher tell you regarding
21
MR. D'ANNA: Not for this witness, Your
22
the grandfathering issue?
22
Honor.
23
A Well, he wrote to me: Conformity to the
23
MR BRANDENBURG: Mr. Baird, would you like
24
code, Section 70 -105 — I'm only going to read two
24
to ask this witness some questions?
25
sentences, Magistrate.
25
MR. BAIRD: Yes,1 would.
Page 78
Page 80
1
MR. BRANDENBURG: 1 can read the letter
1
MR. BRANDENBURG: Okay.
2
myself.
2
RECROSS - EXAMINATION
3
THE WITNESS: Okay.
3
BY MR. BAIRD:
4
MR. BRANDENBURG: You don't need to read them
4
Q Mr. Miklos, if I understood your testimony
5
to me.
5
correctly, you don't own this property, correct?
6
THE WITNESS: Well, he wrote to me and said
6
A I do not.
7
that the grandfathering was not triggered in the
7
Q And that property is owned by Ms. Swift?
8
existing structures, the existing residences that 1
8
A That's correct.
9
pointed out had similar structures, because they were
9
Q And the property as depicted on, let's see,
10
grandfathered in and did not seek approval to build --
10
Exhibit — on the survey that you introduced, which
11
they were basically immune from similar enforcement
11
was —
12
because they were grandfathered in and they did not
12
MR BRANDENBURG: It was Town 9, I believe,
13
seek a developmental approval.
13
and it was —
14
BY MR. D'ANNA:
14
MR. BAIRD: Town 9.
15
Q Okay.
15
MR. BRANDENBURG: — Property Owner 7.
16
A And then on May 30th, 2013 the Town Attorney
16
BY MR. BAIRD:
17
wrote to me and said that that part of the code did not
17
Q I just want to confirm that the property
18
exist. And you do not — the magistrate does not have
18
owned by Ms. Swift upon which the shed sits is not
19
the benefit of the City Attorney's response.
19
entirely owned by Ms. Swift, the portion of the shed
20
Q Is that a true and accurate copy of a — what
20
that's on the property — the adjoining property,
21
was it, an e-mail?
21
correct?
22
A It was an e-mail exchange between myself
22
A Correct.
23
and—
23
Q And referring you also to the survey
24
Q A chain of a -mails exchanged between you —
24
exhibits, which are Town 9, and I'm not sure of your
25
A Yes.
25
number, does the survey also show the shed being
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located within an FPL utility easement?
1
exhibit —
2
A We have not discussed that. I don't have the
2
THE WITNESS: From what I see there at that
3
survey in front of me.
3
scale, I can read that document.
9
MR. BAIRD: Well, Mr. Brandenburg, if you
9
MR. BRANDENBURG: Okay, thank you, sir.
5
could show the witness the survey.
5
MR. BAIRD: What was the end result of that?
6
THE WITNESS: It is an FP &L easement.
6
I'm sorry, l was —
7
BY MR. BAIRD:
7
MR. BRANDENBURG: The witness indicated that
8
Q I'm sorry?
8
from his review of Town Exhibit Number 9, that it
9
A What was your question again, sir?
9
appears that the shed exists within an FPL easement at
10
Q Is the shed located within an FPL easement?
10
OR book 5397, page 1172.
11
A 1 don't know. I mean there's an FP &L
11
BY MR. BAIRD:
12
easement there. It's a dashed line. I don't have
12
Q To your knowledge, have you secured or has
13
sufficient clarity.
13
Ms. Swift secured an approval from FPL to encroach upon
19
Q Well, you're an architect, correct?
19
their easement?
15
A Yes.
15
MR. D'ANNA: I'm going object to the
16
Q You understand how to read a survey?
16
relevancy of the question inasmuch as the subject
17
A Yes.
17
matter of today's hearing is the shed that allegedly
18
Q Reading that survey, can you tell that the
18
violates two provisions of the Town of Gulf Stream
19
shed — isn't the shed located within an FPL easement?
19
code.
20
A I can't tell that.
20
MR. BRANDENBURG: Sir, I allowed you a lot of
21
Q Why not?
21
latitude, so Mr. Baird may continue with his question.
22
A Because that is not the size of a document 1
22
THE WITNESS: 1 have no knowledge. I'm not
23
work with, and there's a dashed line in there. There's
23
prepared to answer that question, sir. That wasn't
29
several types of easements, so —
29
part of the charges that I was prepared to defend
25
Q You can't tell the location of a structure on
25
today. It wasn't on the summons that was given to me.
Page 82
Page 89
1
a survey because of dashed lines? Is that your answer?
1
1 cannot offer -
2
A My answer is that the size of the survey does
2
BY MR. BAIRD:
3
not lend itself to careful consideration, and that if
3
Q Well, my question is you personally, have you
9
you want to produce a document that's We and original
9
received any approval from FPL to locate that shed in
5
to me, I can make that assumption and I can give you an
5
that easement?
6
answer.
6
A I have not received — I have not asked and I
7
Q Well, I'm asking you to review the document
7
have not received an approval.
8
that you submitted into evidence.
8
Q Thank you. In 2007 when you made the
9
A And 1 previouslyjust told you this is a
9
renovations, you appeared on behalf of Ms. Swift as her
10
question that was not presented by us, it was not
10
agent. Is that correct?
11
presented by the City, and I did not bring a
11
A That's correct. I
12
document —
12
Q And you weren't living on the property at
13
Q Okay, well —
13
that time?
19
A — nor has the City supplied me with a
19
A During the application phase, no.
15
document that I can understand FPL. If Bill wants to
15
Q In the 2007 application, that application was
16
walk to his office and get me that one, l will answer
16
solely for the approval of the renovations to the
17
your question.
17
structure?
18
MR. BAIRD: I would move to strike the
18
A It was based on the plans that I submitted. e
19
argumentative response.
19
That was for the renovations, correct.
20
MR BRANDENBURG: Okay, your motion is
20
Q And that would be the house, the principal
21
granted.
21
structure?
22
Sir, would you come up here and look at Town
22
A It would be the principal structure. But I'm
23
Exhibit Number 9, which is a larger scale.
23
having trouble with your question, because this shed
29
THE WITNESS: Yes, this shows it.
29
was discussed at that time too, so they really deal
25
MR BRANDENBURG: Okay, it appears from this
25
with — and I'm sorry to be technical with you — a
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1
property and not the project.
1
Board, were they not?
2
Q In the 2009 application, that again, that
2
A The staff report was accepted, and that's the
3
application — no, I'm sorry, that's the C.O.
3
best way to say it. They relied upon the staff report.
9
With respect to your comment or your
9
The discussion of the shed, to my knowledge, did not
5
testimony where you described the shed as having been
5
occur at that meeting.
6
legally on the site —
6
Q So whatever is in the minutes of the
7
A Um -hmm.
7
Architectural Review Board would represent what went on
8
Q — do you or Ms. Swift have a permit from the
8
at that meeting, correct?
9
Town for the shed on the site?
9
A At the Architectural Review Board, yes. 1
10
A She'll answer that question. That goes to
10
would have to see it, but —
11
personal knowledge.
11
Q And you appeared — or you did not appear in
12
Q Do you have any knowledge of a permit for the
12
front of the Town Commission, correct?
13
shed?
13
A Hearing, correct. I did not appear — I did
19
A We complied fully with the Town standards at
19
not. Wait. Let me just double -check that. You know
15
the time.
15
what? I'm not clear on that, because you said that my
16
Q And that's not my question. I'm asking if
16
father appeared. And he may have appeared there, and I
17
you have any personal knowledge of having — of there
17
may have appeared in 2007, so I'm unclear with that.
18
being a permit for the shed on the site.
18
Q But the minutes, again, the minutes of the —
19
A Yes, we have a permit for the shed on the
19
A The minutes would absolutely-
20
site.
20
Q If you were there —
21
Q Did you happen to believe that that would be
21
A I'm telling you that my recollection is not
22
important to this hearing today?
22
clear -
23
A I've asked for it. 1 can show you the
23
Q All right.
24
interrogatories where I've asked for it. And the —
29
A — and that I would agree with whatever is in
25
Q You don't have a physical copy of the permit?
25
the minutes. I don't want to misrepresent anything.
Page 86
Page 88
1
A I do have a physical copy of it.
1
Q No, and 1 wasn't implying that you were.
2
Q All right. The 2011 application, that again
2
(Discussion held off the record.)
3
was for renovations to the house?
3
BY MR. BAIRD:
9
A Yes, renovations.
9
Q I'm going to show you an e-mail from
5
Q And the cabana—
5
yourself -
6
A No.
6
A Okay.
7
Q — structure?
7
Q — to John C. Randolph —
8
A Incorrect. It dealt with an addition to the
8
A Okay.
9
east side of the residence, and the cabana was — the
9
Q — and the response of Mr. Randolph and ask
10
cabana and the main house was not affected except for
10
if you recognize that document.
11
the attachment of the addition on the west side of the
11
A Yes, l recognize this document, yes, sir.
12
property.
12
Q And is that the response of which you spoke
13
Q And you appeared in front of the
13
from Mr. Randolph?
19
Architectural — I'm going to call it the Architectural
19
A It is not. It's two separate issues.
15
Review Board, correct?
15
MR. BAIRD: No further questions.
16
A Conect, l did.
16
MR. BPANDENBURG: All right, any further
17
Q And did the Architectural Review Board impose
17
examination of this witness?
18
a condition on the approval of your renovation plans?
18
THE WITNESS: Well, I would like to —
19
A No, they did not.
19
MR BRANDENBURG: Sir? All right. Counsel?
20
Q They didn't —
20
REDIRECT EXAMINATION
21
A They did not.
21
BY MR. D'ANNA:
22
Q — impose any conditions?
22
Q With respect to the a -mails that you just
23
A No. The condition was imposed by staff on
23
saw —
29
the staff report.
29
A Right.
25
Q Those conditions were adopted by the Review
25
Q — exchanged between you and Mr. Randolph —
22 (Pages 85 to 88)
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1
A Right.
1
just — what is it that —
2
Q — you've reviewed those minutes?
2
A Chapter 23 of the Florida Building Code, 2010
3
A I reviewed them, and what I wanted to be
3
edition: Conventional Light Frame Construction, a type
9
clear about is that we were talking about if this is
9
of construction whose primary structural elements
5
even a code enforcement issue regarding what it really
5
are —
6
is.
6
Q Quinn, Quinn, I'm sorry to interrupt.
7
Q If it's not a code enforcement issue, what
7
A Okay.
8
would it be?
8
Q We have a stenographer here.
9
A The conversation that I was having with the
9
A Oh, okay.
10
City Attorney is that there is no substantial code
10
Q And her eyes were just crossed.
11
section that has the Town hold back my Certificate of
11
A Okay. I will go slowly. Sorry.
12
Completion for a code violation. So they had to really
12
Q Chapter 23, titled Wood, 2010 Florida
13
pick and choose. If it's a code violation, I get my
13
Building Code/Building, and that tells you I'm dealing
19
Certificate of Completion, we go through the special
19
with the 2010 Florida Building Code, and I'm dealing
15
magistrate, we go through the court, but they do not
15
with the Building Code in respect to there's plumbing,
16
have the power to withhold my Certificate of Completion
16
mechanical and some energy parts.
17
when my house is complete and inhabitable, because I've
17
Underneath that section 23, underneath their
18
already received one from the City of Delray. So
18
definitions, section 2302, Conventional Light Frame
19
they're choosing.
19
Construction, a type of construction whose primary
20
Q Are there code provisions that determine if
20
structural elements are formed by a system of
21
the shed is metal or not metal?
21
repetitive wood flaming members. See Section 2308 for
22
A 1— that has been in my interrogatories.
22
conventional light fiame construction provisions, which
23
I've asked them what their definition of a metal shed
23
is how you would go about designing that for the
29
is, and they did not offer me one. But I went to the
29
structural loads in this area.
25
only source that you can go to, which is the Florida
25
IvR BAIRD: So my objection is to the
Page 90
Page 92
1
Building Code, which was adopted by the Florida Senate,
1
relevancy of the Florida Building Code, and what we're
2
which is State law, saying that 1 have a wood shed
2
dealing with is a violation of the Town code, and the
3
because that's the construction. That's the way the
3
violation is specific to the structure and the location
9
code would have you view it, not that documentation
9
of the structure.
5
that they've got.
5
MR. BRANDENBURG: Okay, your objection is
6
Q Could you explain that to me?
6
noted and overruled. i
7
A In the vacuum of, the absence of a definition
7
THE WITNESS: May 1 approach? Do you want to
8
of a metal shed in the Town of Gulf Stream, they cannot
8
mark it?
9
offer me that definition. It does not exist in the
9
MR. BRANDENBURG: Okay. And this is your
10
code. So there's a vacuum —
10
Proposed Exhibit 13, and it is Section 2301, Florida
11
Q In their ordinance?
11
Building Code, 2010 edition referencing wood.
12
A In their own ordinances, they don't know what
12
(Property Owner's Proposed Exhibit Number 13
13
a shed is; it's not defined. And they don't know what
13
was marked for identification.)
19
a metal shed is; it's not defined. My question in my
19
BY MR. D'ANNA:
15
interrogatories, which were never answered, asked that
15
Q And what qualifies your shed as wood, being
16
question: Please tell me where to go for this.
16
wood within the definition of the Florida Building
17
And in the absence of their response, I went
17
Code?
18
to the Florida Building Code, which is the law of the
18
A It is a type of construction whose primary
19
State of Florida, adopted by the Senate, and it says 1
19
structural elements are formed by a system of 1
20
have a wood shed. And I can produce a document saying
20
repetitive wood frame members. I submitted, previously
21
that the Florida Senate adopts the Florida Building
21
submitted a photograph that shows I have wood rafters,
22
Code, and I can produce the document that says that 1
22
wood walls, maybe comprised of two -by -fours, that is
23
have a frame structure, which is a wood structure.
23
the primary structural element. So that puts me in
29
Q What document do you have that says your
29
conventional light Same construction. Frame is
25
structure is a wooden structure? Well, why don't you
25
underneath the wood section of the code. And then also
23 (Pages 89 to 92)
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1-
1 have a document that says the Florida Senate ratifies
1
MR. BRANDENBURG: Yes, please.
2
the building code.
2
THEREUPON,
3
Q I think we can all agree on that issue.
3
CONSTANCE SWIFT
4
Okay, thank you, sir.
4
was called as a witness for the property owner, and
5
MR. BAIRD: May I have a re -cross question
5
having been previously sworn by the Special Magistrate,
6
on —
6
was examined and testified as follows.
7
MR. BRANDENBURG: Yes, sir.
7
DIRECT EXAMINATION
8
MR. BAIRD: —the material?
8
BY MR. D'ANNA:
9
RECROSS - EXAMINATION
9
Q Would you please state your name.
10
BY MR. BAIRD:
10
A Constance Swift.
11
Q Mr. Miklos, I just want to make sure 1 heard
11
Q Ms. Swift, what is your relationship to Quinn
12
your testimony earlier correctly. I thought your
12
Miklos?
13
testimony was that the outward material of the shed was
13
A My husband.
14
a clapboard siding that is a composite of metal and
14
Q And what is your relationship to the property
15
fiberglass. Was that your testimony?
15
that is the subject matter of this proceeding?
16
A Ninety percent of what you said. What I said
16
A It's my property.
17
is that it's —
17
Q How long have you owned it?
18
Q Well, can you say yes or no, and then —
18
A I bought it in 1999.
19
A No, that's not my testimony.
19
Q When you purchased it, was there a shed on
20
Q — you can answer the question? Okay, what
20
the property?
21
is your testimony?
21
A Yes.
22
A My testimony is that I think. 1 wasn't sure.
22
Q At the time you purchased it, where was the
23
It's a composite material. 1 am not sure of the
23
shed located?
24
composite nature of it. It could be a combination
24
A Like right at the end of my driveway. So
25
between a metal reinforced with fiberglass, it could
25
from the street, you could see a shed.
Page 94
Page 96
1
just has the edge. It's unknown to me because 1
1
Q And how long did that shed stay on your
2
haven't dissected it.
2
property?
3
Q Are you sure that some portion of the shed is
3
A Well, I got complaints, you know, and I'm not
4
metal?
4
sure; I don't recall. But I was asked to remove my
5
A Oh, yes. 1 have a window in it. It has a
5
shed because it was an eyesore. And I said: Well, I'm
6
metal frame. And it also has glass, but it's not a
6
not going to remove it. I mean I will replace it, but
7
glass shed.
7
I'm not going to — I mean I'll tear it down, but I
8
Q So what about the rest of the interior? Is
8
will replace it. So that's what I did.
9
itjust the window frame that's metal?
9
Q Who were the complaints from?
10
A The window frame is metal, the door is
10
A I don't know, just neighbors, letters. I
11
fiberglass, the handle to the door is metal, the roof,
11
mean Town officials; I don't know. I don't remember.
12
I haven't really climbed on the roof and taken a look
12
Q So as a result of those complaints, what, if
13
at it.
13
anything, did you do with the shed that was on your
14
Q The siding may be metal? That's your
14
property when you purchased it in 1999?
15
testimony?
15
A The shed was already there.
16
A It may be, yes.
16
Q And what did you do to that shed
17
MR. BAIRD: Okay, thank you.
17
subsequently?
18
(Discussion held off the record.)
1B
A I tore it down. I had, you know, to get
19
MR BRANDENBURG: Are you ready, sir?
19
approval to tear it down out of my driveway.
20
MR D'ANNA: Yes.
20
Q And did you?
21
MR BRANDENBURG: Thank you very much, sir.
21
A Yes, I did.
22
THE WITNESS: Thank you.
22
Q And then with respect to the shed, was there
23
MR. D'ANNA: Ms. Swift.
23
another shed that was placed on your property?
24
(Discussion held off the record.)
24
A Yes, there is.
25
MR. D'ANNA: May I proceed?
25
Q How did that —
24 (Pages 93 to 96)
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25 (Pages 97 to 100)
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Page 97
Page 99
1
A Well, l mean 1 said I'm going to replace this
1
Town to tear that shed down?
2
shed, but I don't want to lose the shed. But it was an
2
A I didn't think 1 needed one. And I was told
3
eyesore. So I mean I'm going to have all these
3
to tear it down.
4
neighbors and people say, you know, we passed your
4
Q But did you get one?
5
house and there's a shed. So it was just — so 1
5
A Not to my knowledge. But shouldn't it be
6
replaced it.
6
clear for the record the shed was there prior to me
7
Q And what procedure did you go through in
7
moving in there —
8
temrs of replacing a shed?
8
Q I understand.
9
A Well, the procedure 1 went through, l was
9
A — Albert Steffan (phonetic), the former
10
told, I'm pretty sure by Mr. Thrasher, where to put my
10
owners of my property.
11
shed in 2004. He said: Put it behind your house. Put
11
Q And with respect to the existing shed, have
12
it behind the guesthouse. So that's where I put the
12
you received any permit from the Town for that shed?
13
shed.
13
A 1 could not put that shed in without a
14
Q Was it permanent?
14
permit. And I do not have the permit. We've asked the
15
A I wouldn't have been able to have a shed if
15
Town for a permit — for the permit, because they would
16
it weren't permanent.
16
have it.
17
Q So that's a yes?
17
Q So if the Town has a permit for that, has
18
A Yes. We've asked for it, because I don't —
18
issued a permit for that shed, then it would be in the
19
you know, l don't have it anymore. You know, I go
19
Town records?
20
through all my filings too, and I destroy things. So 1
20
A Yes. And 1 would love a copy of it.
21
didn't think 1 needed it.
21
Q Have you received any permission from the
22
Q There were questions asked of Mr. Miklos
22
neighboring property owner, which I believe is the
23
regarding the easement of FPL. Has FPL ever been out
23
automobile dealership, to locate a portion of your shed
24
to your—
24
on their property?
25
A Several times for emergencies. When a
25
A No.
Page 98
Page 100
1
transformer blew up, there were complaints, and there's
1
Q Have you received any permission from Florida
2
a power outage and there were complaints. Anytime my
2
Power & Light to locate a portion of your shed within
3
transformer goes out, it affects like 100 people behind
3
their utility easement?
4
like the house. So they'll drive by, they ll come by,
4
A No.
5
absolutely. No complaints whatsoever. They were just
5
MR. BAIRD: That's all 1 have.
6
out there recently this summer too fixing my pole and
6
MR D'ANNA: Nothing further.
7
putting new cables and wires.
7
MR. BRANDENBURG: Okay. Sir, do you have any
8
Q The pictures that were shown to the
8
more witnesses?
9
magistrate prior to 2008 that showed the shed, were
9
MR. D'ANNA: One more —
10
those accurate pictures —
10
THE WITNESS: I can say I do maintain all the
11
A Yes.
11
property though around —
12
Q — of the shed that was on the property
12
MR BRANDENBURG: Thank you, ma'am.
13
during the time period —
13
THE WITNESS: Okay.
14
A It's never—
14
MR BRANDENBURG: Sir, have you been sworn
15
Q —before Mr. Miklos moved into the
15
in?
16
residence?
16
MR. O'HARE: Yes, I have, Your Honor.
17
A 'Meshed was there before Quinn, Mr. Miklos
17
MR. BRANDENBURG: Thank you.
18
was there. It was there from like, I'm pretty sure,
18
THEREUPON, l
19
2004.
19
CHRIS O'HARE
20
MR. D'ANNA: Nothing further.
20
was called as a witness, and having been previously
21
MR. BRANDENBURG: Mr. Baird.
21
sworn by the Special Magistrate, was examined and
22
CROSS - EXAMINATION
22
testified as follows.
23
BY MR. BAIRD:
23
DIRECT EXAMINATION
24
Q With respect to the shed that was there in
24
BY MR. D'ANNA:
25
1999 that you tore down, did you get a permit from the
25
Q Sir, would you please state your name.
25 (Pages 97 to 100)
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26 (Pages 101 to 104)
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Page 101
Page 103
1
A Chris O'Hare.
1
MR. D'ANNA: No, sir.
2
Q Mr. O'Hare, where do you reside?
2
MR. BRANDENBURG: Mr. Baird, anything else?
3
A I'm sorry, my ear is ringing. Can you —
3
MR. BAIRD: Just a few rebuttal questions for
4
Q Where do you live?
4
Mr. Thrasher.
5
A 2520 Avenue Au Soleil, perhaps 1,000 feet
5
MR. BRANDENBURG: Very good.
6
from the property in question.
6
MR. THRASHER: Where do you want me?
7
Q With respect to obtaining permits from the
7
MR. BRANDENBURG: Mr. Thrasher, you remain
8
Town, have you ever attempted to obtain permits
8
under oath.
9
relating to sheds that are located in the community?
9
(Discussion held off the record.)
10
A Yes, I've done a number of record requests
10
MR. THRASHER: I understand I'm still under
11
for sheds. 1 noticed specifically one that was already
11
oath.
12
introduced into evidence at 2550. James Malone's
12
RECROSS - EXAMINATION
13
residence. That shed is on the property line. 1 had
13
BY MR BAIRD:
14
asked for the first page of the permit for that shed.
14
Q Mr. Thrasher, have you looked at the Town
15
1 was told that the permits for that property had been
15
records to determine whether or not there's a permit
16
destroyed in the normal disposition of records which is
16
for the shed in question?
17
allowed by State statute. There are some other
17
A We have, and there is not.
18
properties like that where permits, I've been told,
18
Q With respect to the conversation that took
19
have no longer existed because they had been destroyed
19
place in 2011 with Mr. Miklos regarding the condition
20
in their typical ten year cycle of disposition of
20
to remove the shed, would you tell thejudge your
21
records.
21
recollection of that conversation.
22
MR. BAIRD: Your Honor, my objection is
22
A My recollection is, and in the presence of
23
twofold. One is to relevance. This testimony doesn't
23
our Town Clerk who helped me in that review process,
24
go to the issue of the nature of the violation. And
24
that we identified the shed, locating, studying the
25
the second is to hearsay. There's been no foundation
25
property line, and that it was to be a condition of
Page 102
Page 104
1
as to — which would allow for hearsay testimony by
1
approval, and that that condition of approval would be
2
Mr. O'Hare about these other sheds and his request for
2
presented to the various Boards for their review and
3
permits.
3
consideration.
4
MR. BRANDENBURG: Counsel, l fail to
4
1 do not make any decisions as it relates to
5
understand the relevance of another gentleman's request
5
an ARPB or a Commission decision. I do give a staff
6
for a permit at another address, a permit of which he
6
report and I do give recommendations. Sometimes they
7
doesn't have present. What relevance is that to this
7
agree with my recommendations; sometimes they do not.
8
matter?
8
But I do not have that authority. And Mr. Miklos was
9
MR. D'ANNA: It explains why Ms. Swift wasn't
9
informed that it would be a condition of approval at
10
able, perhaps wasn't able to get the permit for the
10
the pre - application process.
11
shed that was permitted from the Town, even though she
11
Q And you did make the recommendation as staff,
12
had asked for it. Also, the records retention policy.
12
as a condition to the approval that the shed be
13
They destroyed records. So that would be the limited
13
removed?
14
relevancy.
14
A That is correct.
15
MR. BRANDENBURG: All right. Mr. Baird, I'm
15
Q And that condition was communicated to the
16
going to overrule your objection, and we're going to
16
ARPB?
17
allow this testimony in. And I'm going to give it the
17
A That is correct.
18
weight to which it should be given.
18
Q And did the ARPB make that a condition of
19
MR. BAIRD: Is that an overrule also as to
19
their recommendation regarding the property?
20
the hearsay objection?
20
A Yes, they did.
21
MR BRANDENBURG: Yes.
21
Q And did the Town Commission also recommend —
22
MR BAIRD: Thank you.
22
or, I'm sorry. Did the Town Commission reach a j
23
MR D'ANNA: Thank you, sir.
23
decision that required as a condition of the approval
24
THE WITNESS: Thank you, sir.
24
the removal of the shed?
25
MR. BRANDENBURG: Any other witnesses, sir?
25
A Yes, they did.
26 (Pages 101 to 104)
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27 (Pages 105 to 108)
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Page 105
Page 107
1
MR BAIRD: That's all 1 have, Your Honor.
1
specified period of time, and then a request is made by
2
MR BRANDENBURG: Any questions, counsel?
2
our Town Clerk for the destruction of records that meet
3
MR. D'ANNA: May I inquire?
3
the destruction of records timeline. I actually do not
4
MR. BRANDENBURG: Yes.
4
handle that part of it, but 1 know that's the process.
5
RECROSS- EXAMINATION
5
Q What's the timeline?
6
BY MR. D'ANNA:
6
A 1 believe it's ten years.
7
Q Mr. Thrasher, you've been sitting in this
7
Q And are permits among the category of
8
hearing, and you heard the testimony of Mr. Miklos and
8
documents that can be discarded if the timeline is met?
9
his wife, Ms. Swift, correct?
9
A Whatever that timeline is, I believe, yes, it
10
A Yes.
10
can be. We have to record them as what they are on a
11
Q Have you been to the property that is the
11
request for destruction. That document and the request
12
subject matter of this proceeding to physically visit?
12
is kept with the documents to be — or in the Town
13
A Most recently, l think it was 2013 -14 when 1
13
Clerk's rile as to what was destroyed.
14
went to review the finished product, to review such
14
Q If you knew that the shed was on the property
15
things as the elevations, the architectural styling,
15
that brings us here today since 2007, why did it sit
16
the proposals, whether they met the proposals, the
16
there and only become a bone of contention with — my
17
landscape plan. 1 did not go the rear of the property.
17
question was you admit you knew the shed was there
18
Q Did you visit the property— how long have
18
since 2007. Why did removing the shed become an
19
you occupied your position with the Town of Gulf
19
issue — not become an issue until 20117
20
Stream?
20
A Because in 20071 did not make it a condition
21
A Approximately 14, 15 years.
21
of approval. 1 overlooked that part of it. It should
22
Q Did you ever visit the property in 20047
22
have been. It should have been a condition of
23
A 1 believe I did.
23
approval. And the approval process had been completed
24
Q And was there a shed on the property at that
24
without any condition of removal of the shed.
25
time?
25
Q Well, isn't it true—
Page 106
Page 108
1
A I believe there was.
1
A I'm sorry, that is noise coming from our
2
Q Where was it located?
2
water system. We're spraying water.
3
A I do not recall.
3
Q Sounded like my cat when she's looking —
4
Q Did you have a discussion with Ms. Swift
4
MS. SWIFT: Sounds like my dog.
5
regarding the shed that was there in 2004?
5
BY MR. D'ANNA:
6
A I don't recall that. I don't believe I did.
6
Q — for some food.
7
Q Well, did you or didn't you?
7
Isn't it true that what happened was that
8
A My memory as of this moment is no.
a
dealt the shed, based on the initial submissions, the
9
Q Did you have a discussion with her in which
9
plans would not be approved because there were three
10
you suggested that she put the shed where it presently
10
separate structures and the Town has a rule that limits
11
sits?
11
the number of separate structures on any property to
12
A No.
12
two?
13
Q Was the shed shown in the 2007 plans
13
A No.
14
regarding the first addition to the Miklos house?
g g
19
Q Well, isn't it true that the plans were
15
A Yes.
15
revised so the cabana house and the main house were
16
Q Did Ms. Miklos receive a — well, we know
16
connected by modifying the roofs so they occupied —
17
that she did.
17
they then had a single roof for both structures?
18
With respect to — how long have you known
18
A Yes.
19
that the shed was on the property that is the subject
19
MR. D'ANNA: I don't have anything further.
20
matter of this case, give or take?
20
MR. BRANDENBURG: Mr. Baird?
21
A I would say since 2007.
21
MR. BAIRD: Nothing further.
22
Q With respect to your examining the records
22
MR, BRANDENBURG: All right. Do either of
23
for the Town, how does the Town maintain records of
23
the parties have anything else they want to bring
24
permits?
24
forward? No?
25
A The permits are held in a property file for a
25
MR. D'ANNA: Not on behalf of the property
27 (Pages 105 to 108)
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561 - 689 -0999
28 (Pages 109 to 112)
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561 - 689 -0999
Page 109
Page 111
1
owner, Your Honor.
1
submitted that clearly show the shed. Ms. Swift
2
MR. BRANDENBURG: All right. Town? Anything
2
testified that Mr. Thrasher was on the property at the
3
else, Tom?
3
time, saw the initial shed that was located toward the
4
MR. BAIRD: No, sir.
4
front of the house, and she testified that Mr. Thrasher
5
MR. BRANDENBURG: All right, we're going to
5
suggested that it be moved to the side of the
6
take a five- minute recess.
6
residence, where it has been and has sat since 2011,
7
(Whereupon, there was a recess in the
7
which was acknowledged by Mr. Thrasher.
8
proceedings.)
8
Ms. Swift testified that in 2004 — actually,
9
MR. BRANDENBURG: All right, we're back on
9
this discussion occurred in 2004 — when requested to
10
the record now.
10
take down the shed, she said no, I'll move it, and when
11
I'm going to give each counsel an opportunity
11
she did move it, that she applied for a permit, has
12
to summarize their case, if they would like to. Before
12
requested the permit, but hasn't been able to receive
13
we do that, however, I want to clarify the record and
13
it from the City. So for those reasons, 1 would
14
show that I have admitted into evidence the Property
14
suggest that the City hasn't proven its case by
15
Owner's Exhibits 1 through 13. And I've admitted into
15
substantial and competent evidence.
16
evidence the Town's Exhibits 1 through 9 and their
16
We also here have what 1 would submit is a
17
proposed Exhibit T -10.
17
promissory estoppel issue in that we have an action by
18
(Town Exhibit Number 10 was received in
18
a Town in which they either explicitly permitted a
19
evidence.)
19
shed, and/or by their actions acquiesced in it being
20
(Property Owner's Exhibits Numbers 1, 2, 3, 4
20
there for a sufficient time period, which would make
21
and 13 were received in evidence.)
21
their efforts to secure Mr. Miklos' consent to take it
22
MR. BRANDENBURG: Okay, Property Owner, would
22
down as part of the 2011 construction essentially
23
you like to give a closing argument?
23
unlawful.
24
MR. D'ANNA: Yes, yes, thank you.
24
So for all those reasons, I suggest that the
25
The issue in the case is based on the Town's
25
Town has not proven its case.
Page 110
Page 112
1
charges that my clients violated two ordinances, one
1
MR. BRANDENBURG: Thank you, sir.
2
regulating rear setbacks and the other regulating metal
2
Mr. Baird.
3
sheds. The burden of proof is on the Town to show by
3
MR. BAIRD: Thank you, Your Honor.
4
substantial competent evidence that the violations
4
There are actually three issues. One is the
5
occurred. Based on the evidence, l respectfully submit
5
metal shed code provision, two is the shed and setback,
6
they haven't done so.
6
and the third is the failure to comply with a condition
7
The testimony of Mr. Miklos and the pictures
7
of an approval with respect to the structure.
8
introduced in evidence establish that what the City —
B
So the evidence that demonstrated those
9
the Town believes was a rear setback was actually
9
violations includes, first of all, the Town Manager's
10
placed on the side of the home based on the criteria
10
interpretation of the code. He's the individual in the
11
that Mr. Miklos testified to.
11
Town that works with that code, applies that code on a
12
With respect to the placement of the — the
12
regular basis, makes recommendations to the
13
configuration of the shed, the evidence showed that the
13
Architectural Review and Planning Board. And there is
14
shed was comprised of wood. City introduced the
14
significant case law on the — to the effect that those
15
photographs that, through Mr. Thrasher, that he didn't
15
staff members who are in charge of reviewing codes,
16
actually take. We introduced photos of the structure.
16
that their interpretation of the code is to be given
17
Mr. Miklos testified that based on the definition of
17
great deference by the Court. So although Mr. Miklos
18
the Florida Building Code, its a wood shed. The
1 B
has his own opinion as to the code and the location of
19
reason he referred to that is "metal shed" is not a
19
the structure, Mr. Thrasher's opinion would prevail.
20
defined term in the code — in the ordinance of the
20
There's testimony and evidence into the
21
Town of Gulf Stream.
21
record that the condition was imposed by the — was
22
And with respect to the position that
22
recommended by Mr. Thrasher, subsequently recommended
23
Mr. Miklos agreed to remove the shed in 2011 as a
23
by the Architectural Review and Planning Board, and was
24
condition of approval for the second renovation, we
24
subsequently adopted by the Town Commission that the
25
know that shed was there from 2007 when plans were
25
expansion of the property in 2011 was conditioned on
28 (Pages 109 to 112)
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29 (Pages 113 to 116)
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Page 113
Page 115
1
the removal of the shed.
1
wrong code violation, that it should have been a
2
There's evidence that the shed not only
2
violation of the side yard setback as opposed to the
3
violates the setback, but it extends across the
3
rear yard setback. And you made an argument that by
4
property line into another — onto another parcel of
4
definition, it's really a side yard setback.
5
property not owned by the respondent in this case, and
5
It's uncontroverted that the shed sits on the
6
into an FPL easement. That was demonstrated by the
6
property line, in fact, extends onto somebody else's
7
survey and the testimony of both Mr. Thrasher and
7
property. There's no testimony whatsoever of the other
8
Mr. Miklos. The minutes of the ARP and the Town
8
property owner's permission to have the shed there,
9
Commission were admitted into evidence demonstrating
9
continue to have the shed there or even have put the
10
that the authorized agent agreed to those conditions.
10
shed there to begin with. It's my interpretation of
11
As to the metal shed issue, Mr. Miklos'
11
the code that it is a rear property line, and you are
12
testimony was that the shed was a metal and fiberglass
12
in violation of the setback of the rear property line.
13
composite component. He did testify that there was
13
The last item that you were cited with is
14
wood on the interior of the structure, but his
14
that it is a metal shed. And the City has provided
15
testimony also was that it was at least partially
15
testimony that in the City Manager's view, it's a metal
16
metal. Mr. Thrasher's testimony and the photographs
16
shed. The property owner has said that the code
17
that he took indicated that based upon his view of the
17
doesn't have a definition of what a metal shed is, and
18
structure and his interpretation of the code, it was a
18
therefore, you have to look to the Florida Building
19
metal shed.
19
Code, and the Florida Building Code says that the main
20
So for all those — for those reasons, the
20
structural elements of this shed are wood, therefore,
21
Town believes that the property is in violation, would
21
it is a wood, not a metal shed.
22
request a time for compliance, a reasonable time for
22
1 believe that the intention of the City when
23
compliance, removal of the shed, and a 5100 a day fine
23
adopting that code was that from looking at the shed
24
for each day thereafter if the shed is not removed.
24
from the exterior, it does not look like a metal shed.
25
Thank you.
25
And therefore, l believe that the City Manager's
Page 114
Page 116
1
MR. BRANDENBURG: Thank you.
1
interpretation of the code is correct, and I'm going to
2
1'd like to thank all the parties for having
2
find you in violation of having a metal shed, against
3
made a very good and orderly presentation on this
3
the City code.
4
matter. Both counsel have done an excellent job.
4
Consequently, I'm going to give you — well,
5
And based upon all the evidence and all the
5
actually, I'll give you the opportunity to present
6
exhibits presented and my reading of the code, it's my
6
anything that you would like with respect to how long
7
determination that there's really three issues in this
7
it would reasonably take you to remove that shed. Do
8
case.
8
you want that opportunity?
9
And as both counsel know, a special
9
MS. SWIFT: Yes.
10
magistrate does not have the authority of a Circuit
10
MR. MIKLOS: I mean I don't know how— it's
11
Court judge to entertain arguments about selective
11
going to have to be cut out. It's going to be —
12
enforcement, constitutionality of the code. Those
12
MR. D'ANNA: Time period.
13
matters are going to have to be left to others. My job
13
MR. MIKLOS: Sixty to 90 days, I guess, l
14
is to take a look at all the facts and determine
14
mean to secure a person that will dismantle and dispose
15
whether or not the facts that have been presented
15
of the shed.
16
establish a violation of the code, as written by the
16
MR BRANDENBURG: Let me ask the City. Does
17
City.
17
the City have any objection to giving the property
18
And based on that, I find that it's really
18
owner 60 days to remove the shed, keeping in mind how
19
uncontroverted that there was a condition of approval
19
long it's been there to begin with?
20
requiring removal of the shed, and the shed is still in
20
MR. THRASHER: No objection.
21
place. Consequently, you are, in fact, in violation of
21
MR. BRANDENBURG: All right. Then as part of
22
that condition of approval, which is a violation of the
22
the order I'm going to enter, I'm going to rule that
23
City's zoning code.
23
you have 60 days to correct the violation. And it
24
Now, the arguments that have been presented
24
appears that in this case, it will require removal of
25
are that, I guess, that the City cited you for the
25
the shed, because it's obviously not even built
29 (Pages 113 to 116)
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Page 117
entirely on your property. Therefore, you need to
remove it in 60 days, and if you don't, 1 am going to
fine you $100 per day for every day thereafter that it
remains on the site.
Is there anything else that I have failed to
address in this matter that needs to be addressed
today? Counsel?
THE WITNESS: We may —
MR. BRANDENBURG: Sir, you need to ask your
counsel to address me, please.
(Discussion held off the record.)
MR. D'ANNA: Nothing.
MR. BRANDENBURG: Mr. Baird?
MR. BAIRD: No, sir. Thank you.
MR. BRANDENBURG: All right, that concludes
today's hearing. Once again, thank you for your
orderly presentation. I appreciate it. And best of
luck to everybody in resolving this issue.
MS. SWIFT: Thank you.
MR. D'ANNA: Thank you for the time that
you've given us. Appreciate it.
MR. BRANDENBURG: Yes, sir.
(Whereupon, at 4:31 p.m. the proceedings
were concluded.)
Page 118
CERTIFICATE
THE STATE OF FLORIDA)
COUNITOFPALM BEACH)
I, Susan S. Kruger, do hereby certify that
1 was authorized to and did report the foregoing
proceedings at the time and place herein stated, and
that the foregoing pages comprise a true and correct
transcription of my stenotype notes taken during the
proceedings.
IN WITNESS WHEREOF, 1 have hereunto set my
hand this 15th day of October, 2014.
S. Kruger
Florida Court Reporting
561- 689 -0999
30 (Pages 117 to 118)
ability 19:19
able 32:25 50:25
62:6,14 74:4
97:15 102:10,10
111:12
absence 90 :7,17
absolutely 28:18
32:10 40:8,19
42:24 46:16 65:21
70:6 87:19 98:5
abutting 63:9
accepted 87:2
access 52 :3,22
accessed 53:23
accessory 10:10
12:5 20:1126:20
accommodate
58:19
accurate 18:12, 17
18:2131:15 32:17
40:6 49:14 70:12
78:20 98:10
accurately 30:10
37:23 39:2 41:6
42:2154:9 62:20
65:19
acknowledged
111:7
acquiesced 111:19
action 111:17
actions 111:19
acuteness 45:18
added 73:14
adding 56:11
addition 8:20 9:5
10:8,15 21:21
36:13,18 44:13
54:7 55:6,7,12
56:2457:1 61:21
70:17 71:7,9,11
71:18 72:2,24
73:4 86:8,11
106:14
additional 68:3
72:5,6
additionally 9:4
additions 36:14,17
address 28:16
29:10 66:6 102:6
117:6,10
addressed 14:23
117:6
addressing 20:16
adjacencies 42:8
adjacent 4:1 42:16
44:12 77:13
adjoining 42:11
49:15 80:20
administer 5:14
administered 6:8
8:10
admissibility 19:3
admission 79:6
admit 12:14 19:14
107:17
admitted 13:12
19:10 30:17
109:14,15 113:9
adopted 86:25 90:1
90:19 112:24
adopting 115:23
adopts 90:21
aerial 30:9,14
37:22 42:21 54:5
62:1
aerials 61:20
afternoon 5:7 7:10
7:13,14
agenda 5:9
agent 14:8 84:10
113:10
ago 18:132:4 63:2
65:18
agree 22:4,20 87:24
93:3 104:7
agreed 8:25 15:1
45:20 74:13
110:23 113:10
agreement 13:20
23:172:15
ahead 7:19:13
12:13 44:9 61:5
74:24
Albert 99:9
alleged 41:22,23
allegedly 83:17
allow 8:20 74:25
77:4 79:12 102:1
102:17
allowed 83:20
101:17
allowing 11:1
ambiguous 49:23
amount 74:19
and /or 111:19
angle 45:19
angles 47:10
answer 52:10 64:24
82:1,2,6,16 83:23
85:10 93:20
answered 90:15
anybody 6:5 8:1
9:24 10:20 59:7
72:18
anymore 97:19
Anytime 98:2
apologize 48:13
apparently 49:9
appealed 6:1
appeals 6:2
appear 43:7 87:11
87:13
appeared 13:18
14:7 84:9 86:13
87:11,16,16,17
appearing 6:17
appears 16:7 62:17
63:10 65:7 82:25
83:9 116:24
application 22:15
36:18 56:4 69:22
71:16 84:14,15,15
85:2,3 86:2
applications 23:4
applied 111:11
applies 112:11
appointed 5:11
appreciate 117:17
117:21
approach 36:9
47:20 50:8 52:8
71:12 92:7
approaching 53:12
approval 8:20,20
8:22 9:2 10:8,18
13:21 14:9 21:21
22:2123:11 55:10
55:11 56:5,10,21
56:23 57:1,16
59:6 67:13 69:25
70:21,22 73:16
74:13 78:10,13
83:13 84:4,7,16
86:18 96:19 104:1
104:1,9,12,23
107:21,23,23
110:24 112:7
114:19,22
approvals 23:3
approved 55:24
56:17,18 72:11
73:21 74:14 108:9
Approximately
18:1 62:25 65:18
105:21
architect 28:5
29:17 81:14
architectural 13:5
13:17 21:13 22:9
23:4 26:2156:8
56:14,2157:13
58:4 74:7 86:14
86:14,17 87:7,9
105:15 112:13,23
area 91:24
areas 51:9
argument 109:23
115:3
argumentative
31:14 82:19
arguments 114:11
114:24
ARP 3:9 113:8
ARPB3:11 13:6
15:15 21:23 57:16
104:5,16,18
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ascertain 47:9
asked 8:22 18:3
75:4 84:6 85:23
85:24 89:23 90:15
96:4 97:18,22
99:14 101:14
102:12
asking 27:19 28:16
31:23 47:23,25
82:7 85:16
assume 52:6
assuming 61:3
assumption 82:5
attached 10:7
72:12
attachment 86:11
attachments 3:16
attempted 101:8
attendees 1:22 5:5
attorney 1:24 47:22
75:10 76:17 77:17
78:16 89:10
Attorney's 78:19
An 1:6 4:8 7:2
29:1166:8,9
101:5
authentic 19:9
authenticate 40:21
authenticated 18:9
authenticity 33:21
authority 104:8
114:10
authorized 113:10
118:9
automobile 99:23
Avenue 1:6 4:8 7:2
29:11 66:7,8
101:5
B 12:14 13:1
back 15:19 24:23
27:19 29:20 32:3
32:19,20,21,24
35:17 45:12 51:9
53:8,10 57:22
66:25 76:24 89:11
109:9
background 77:1,6
backtrack 33:10
Baird 1:24 2:6,8,13
2:15,17,21 6:19
6:19,23 7:8 8:12
9:11 19:2,5,22
20:2,5,7 23:9,23
24:13,17 27:3,4,8
28:2,6 30:20 31:4
31:8 33:20,24
38:22,23 40:17,20
48:12,14,25 49:2
49:7 54:25 55:4
60:8,23 63:19
64:14,16,19,22,25
65:2,4 66:4 68:1,4
68:8,9,15 74:21
76:8,22 79:5,10
79:23,25 80:3,14
80:16 81:4,7
82:18 83:5,11,21
84:2 88:3,15
91:25 93:5,8,10
94:17 98:21,23
100:5 101:22
102:15,19,22
103:2,3,13 105:1
108:20,21 109:4
112:2,3 117:13,14
bar 32:19
based 19:13 22:21
43:14 46:17 47:14
84:18 108:8
109:25 110:5,10
110:17 113:17
114:5,18
basically 77:15
78:11
basis 112:12
Beach 16:9 25:16
25:2132:13 118:5
beginning 5:4 7:23
behalf 6:17,19 14:7
84:9 108:25
believe 6:23 16:9
19:5 21:1 25:15
25:17,19,20,21
34:16,19 36:22
48:21 64:11 79:17
80:12 85:21 99:22
105:23 106:1,6
107:6,9 115:22,25
believed 49:12
believes 48:15
110:9 113:21
benefit 39:24 44:11
78:19
Bermuda 56:13
best 19:19 87:3
117:17
better 26:2 59:20
Bill 1:23 2:3 8:14
9:15,2127:21
56:20 71:25 72:19
73:23 74:8 76:1
82:15
bit 18:21 52:9
blew 98:1
blurry 62:17
Board 13:18 56:9
56:21 57:13 58:4
74:8 86:15,17
87:1,7,9 112:13
112:23
Boards 104:2
bone 107:16
book 83:10
bookkeeper32:15
Borton 25:21 51:3
bought 95:18
boundaries 20:16
boundary 16:8
box 36:21,22,23
Brandenburg 1:23
5:7,10 6:9,14,16
6:21,25 7:4,6,10
7:13,15,18,22
8:119:25 10:22
10:25 11:3,12,15
11:23 12:9,13,22
13:1,11,24 14:2
14:13,17 15:4,6
15:25 16:15,17,20
16:24 18:10,16,20
18:24 19:2,11
20:2 23:20 24:19
24:23 25:2,5,10
25:13,19 26:1,7
26:10,16,18,24
27:2,5,9,12,23
28:1,14,22,24
30:16,20 31:1,6
33:24 34:4,7,14
34:19,24 35:3,5,8
35:14,19,23 36:21
36:25 38:3,10,13
38:2139:5,10,17
40:17,22 41:12
43:24 44:2,5,8,18
44:22,24 45:5,8
45:11,1 5,22 47:22
48:1,3,17,20,24
49:6 50:3,9,12,15
50:23 51:17,22
52:2,5,10,15,19
52:22,25 53:13,17
53:19,23,25 54:3
54:23 60:12 61:5
63:23 64:9,12,14
65:1,3,6 66:5,10
68:5,12,16,19,22
68:24 69:3,9,14
69:20 70:16 71:1
71:6,10,14,18,21
74:24 75:11,14
76:25 78:1,4
79:10,19,23 80:1
80:12,15 81:4
82:20,25 83:4,7
83:20 88:16,19
92:5,9 93:7 94:19
94:2195:1 98:21
100:7,12,14,17
102:4,15,21,25
103:2,5,7 105:2,4
108:20,22 109:2,5
109:9,22 112:1
114:1 116:16,21
117:9,13,15,22
brick 26:25
bring 82:11 108:23
brings 107:15
Bruce 3:25 50:1,4
build 25:18,18
36:19 56:23 77:12
78:10
building 4:16 68:18
90:1,18,21 91:2
91:13,14,15 92:1
92:11,16 93:2
110:18 115:18,19
built 36:18 49:16
51:3 116:25
burden 110:3
bush 63:11
button 6:12
C 88:7 118:1,1
C.O 73:24 85:3
cabana 35:12 58:5
58:17,20 59:1
86:5,9,10 108:15
cables 98:7
call 5:8 7:1 27:15
86:14
called 9:16 29:3
44:25 95:4 100:20
calling 38:12
car73:14
careful 82:3
Carter 3:25 50:1,4
case 1:5 6:24 7:1,1
8:13,13,15 19:25
26:23 27:9 28:15
60:24 106:20
109:12,25 111:14
111:25 112:14
113:5 114:8
116:24
cat 108:3
category 107:7
caveat 59:3
cement46:7
certain 31:17
certificate 4:13
10:16 14:10,24
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21:25 24:7 70:2,5
70:6,13,16,23
71:23 89:11,14,16
certify 118:8
chain 78:24
Chambers 1:13 5:3
chance 73:15,16
changed 12:20
Chapter 91:2,12
charge 112:15
charges 83:24
110:1
choose 89:13
choosing 89:19
Chris 2:23 100:19
101:1
circle 30:6 31:2
37:8 63:13
circled 30:25 63:19
Circuit 6:2 114:10
cited 41:22 114:25
115:13
City 6:17 7:7 16:9
25:16 26:1127:5
57:2 75:8,10 77:8
77:9,17 78:19
82:11,14 89:10,18
110:8,14 111:13
111:14 114:17,25
115:14,15,22,25
116:3,16,17
City's 114:23
claim 51:17,20
clapboard 17:15
69:16 93:14
clarify 70:3 77:5
109:13
clarity 32:23 52:9
57:8 81:13
clear 30:3 32:24
37:5 46:14 48:14
53:187:15,22
89:4 99:6
clearly 111:1
Clerk 1:24 6:11,15
12:19 14:123:7
24:12,14 103:23
107:2
Clerk's 107:13
click 31:16
clients 110:1
climbed 94:12
close -ups 67:20
closed 51:8
closer 64:17
closing 109:23
code 1:2 3:6,8 4:16
5:1,8 8:18 11:19
15:16 20:8,10,18
20:20 21:5,9
26:12 77:24 78:17
83:19 89:5,7,10
89:12,13,20 90:1
90:4,10,18,22
91:2,14,15 92:1,2
92:11,17,25 93:2
110:18,20 112:5
112:10,11,11,16
112:18 113:18
114:6,12,16,23
115:1,11,16,19,19
115:23 116:1,3
Code/Building
91:13
codes 10:6 112:15
collected 32:12
collection 32:14
combination 93:24
come 24:19,20
34:24 48:4 69:3
82:22 98:4
comes 31:18 33:10
comfortable 7 :20
coming 108:1
commence 55:6
comment73:8 85:4
comments 76:19
commercial46:23
47:149:16
Commission 3:12
14:6 15:16 22:14
22:15,18,20,24
87:12 104:5,21,22
112:24 113:9
common 44:14
45:20 47:7 50:11
communicated
76:24,24 104:15
communication
15:18 77:7
communications
77:2,2
community 60:20
61:11 62:2 63:4
101:9
comparison 43:14
competent 110:4
111:15
compilation 66:18
complaints 96:3,9
96:12 98:1,2,5
complete 27:10
89:17
completed 10:15
57:9 71:17,19
107:23
Completion 10:16
14:10,25 21:25
24:7 89:12,14,16
compliance 58:25
73:9,10 77:13
113:22,23
compliant 46:15
complied 85:14
complies 48:19,23
63:14
comply 58:19 112:6
component 113:13
composite 11:19
15:10,22 16:21
39:6,25 40:2 61:9
69:17 76:10 93:14
93:23,24 113:13
comprise 118:11
comprised 40:3
92:22 110:14
compromise 57:21
computer 31:10,18
31:24,25 33:1
concentrated 61:19
concluded 117:24
concludes 117:15
concrete 26:25 51:4
condition 8:19,21
9:1 10:7,17 13:21
14:9 22:5,17,21
23:1,1154:10
62:21 65:20 72:6
72:8,9,17 86:18
86:23 103:19,25
104:1,9,12,15,18
104:23 107:20,22
107:24 110:24
112:6,21 114:19
114:22
conditioned 112:25
conditions 21:22,24
72:12,14 86:22,25
113:10
configuration
38:16 39:22 40:7
41:3,17 44:13
54:6,18 110:13
configured 46:20
confirm 80:17
confirming 23:3
conforming 26:11
Conformity 77:23
confrontation
31:21
connect 57:21
connected 58:20
59:1 108:16
connecting 58:21
58:22 59:4
connection 58:1,4,7
62:5
consent 111:21
Consequently
114:21 116:4
consideration 82:3
104:3
Constance 1:5 2:19
7:2 11:9 14:8,23
15:1195:3,10
constitutionality
114:12
constructed 20:21
27:146:5 72:2
construction 59:6
67:12 69:12 73:10
90:3 91:3,4,19,19
91:22 92:18,24
111:22
consult 75:5
contend 69:9,11,12
contended 67:20
contention 107:16
continue 35:24
44:9 53:2 83:21
115:9
Continued 2:14
36:1
continuous 52:13
contradicted 77:16
control 50:20 51:7
52:13
conventional 91:3
91:18,22 92:24
conversation 46:25
52:158:13 72:19
72:25 75:25 89:9
103:18,21
conversations
75:24
cooperate 75:8
copies 12:10 30:23
copy 10:21 13:17
13:22 14:5 16:4
23:2140:18 43:25
55:15 64:15 68:2
70:9,12,25 78:20
85:25 86:199:20
corner 63:6,6 71:4
correct 13:3 20:23
21:4,12,23 24:21
24:22 25:12 26:6
26:9,17 32:7,10
33:8 37:15,16,25
41:5,9 42:24 43:2
43:4,6,9,16 44:3
44:2145:7,10
48:10 49:13 52:21
52:24 53:17,18,24
54:2,8 58:18 59:2
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62:19 63:12 66:25
67:7,22,25 72:13
72:16 73:20 80:5
80:8,21,22 81:14
84:10,11,19 86:15
86:16 87:8,12,13
104:14,17 105:9
116:1,23 118:11
correctly 80:5
93:12
correspondence
24:3
cost 60:6,10,14,16
74:11
cottage 24:11,24
57:21 58:2,8 59:4
Council 1:13 5:3
56:9,22 57:15
58:6 73:2,16
counsel 7:9 40:18
88:19 102:4 105:2
109:11 114:4,9
117:7,10
County 32:13
55:10 118:5
couple 43:16 44:19
court 5:216:2
89:15 112:17
114:11
courtroom 5:18 8:3
covers 79:17
create 42:8 47:12
criteria 110:10
Cross - Examinati...
2:5,6,13,21 17:3
20:6 31:7 98:22
crossed 91:10
current37:7,9
54:17,20 60:1
currently 29:24
66:24
customary 23:2
cut44:19 116:11
cycle 68:18 101:20
D 2:1
D'Anna 1:25 2:5,9
2:12,14,16,20,24
7:11,11,17,21
9:10,10,11 10:21
10:24 11:2,10,14
11:25 12:3,6,8,11
13:9,13,23 14:12
14:14,19 15:3,5
15:23 16:11,14,16
17:2,4 18:6 27:15
28:9,12,18,20,23
29:7 30:19 31:3
34:10 36:2 37:1
38:11,15,19 39:3
39:8,11,18 40:15
40:18 41:1,10,14
41:15 44:1,4
45:23 48:2,7,13
49:8 50:5,24 53:3
54:4 55:5 60:9,13
61:2,7,8 63:17
64:2,13,20 65:11
66:2,14 67:4
69:21 70:8,10,11
70:20 71:3,22
75:2,18 76:12
77:18 78:14 79:3
79:15,21 83:15
88:21 92:14 94:20
94:23,25 95:8
98:20 100:6,9,24
102:9,23 103:1
105:3,6 108:5,19
108:25 109:24
116:12 117:12,20
dashed 81:12,23
82:1
date 32:1,17 37:5
40:9,10,13,20
42:23 60:3 74:4,6
74:9
dated 10:5 14:22
15:10,19 42:17
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56:11 76:8
noted 5:5 33:11,12
33:25 37:4 92:6
notes 75:5 118:12
notice 3:3 10:5,19
11:8,10 12:23
noticed 101:11
notification 3:5
notified 62:8
noting 34:25
NOV 12:22
November 15:10
23:14,18,24 76:5
76:11
number 1:5 3:2,4,6
3:7,9,10,12,13,15
3:17 4:3,4,6,7,9
4:11,12,14 7:1
8:13 11:4,5,16,17
11:19 12:15 13:14
14:3,20 15:7 16:2
16:18 19:12,17
21:3 22:7,12,13
22:14 23:2,10,14
24:10 34:2 39:13
40:23,24 44:6
54:24 55:2 63:25
65:4,9 66:12
68:13 69:1 70:18
79:13 80:25 82:23
83:8 92:12 101:10
108:11 109:18
numbers 12:21
109:20
numeric 51:7
O'Hare 2:23
100:16,19 101:1,2
102:2
oath 5:14,14 6:8
7:25 8:10 103:8
103:11
object 18:6 30:6
60:23 68:8 79:5
83:15
objection 10:22,25
11:12 12:9 13:12
13:13,23 14:14
15:4,5,20,24
16:15,16 18:8
33:20,25 38:23
40:20 60:8,12
63:21 65:2 66:4
74:22 76:22 77:11
91:25 92:5 101:22
102:16,20 116:17
116:20
objections 14:13
63:22
obtain 62:14 10 1: 8
obtaining 101:7
obtuseness 45:18
obviously 32:21
116:25
Occupancy 4:13
70:2,7,13,17,23
71:23
occupation 29:16
occupied 105:19
108:16
occur 87:5
occurred 67:12
71:7,11 74:9
110:5 111:9
October 1:13 5:4
15:19 55:8,17
57:2,2 64:6 70:13
70:17 76:4,11
77:7 118:15
offer 75:3 84:1
89:24 90:9
office 82:16
officials 96:11
A 24:17 33:4,9
34:9,12 54:15
75:16 91:9 94:5
okay 7:6 9:20 10:4
11:15 12:8,9,13
12:17,25 13:11
14:19 15:6,25
16:17 19:2 20:5
24:17 25:10 26:24
27:23 28:11,13,23
29:15,24 30:12
31:19 33:24 34:12
34:24 35:5,23
36:11,25 38:10
40:17,22 41:14
42:19,19 44:1,8
44:18 45:5,22
47:24 48:1,20,24
49:2150:12,23
52:2,25 53:16,19
54:3,15,23 55:4
63:20,23 64:8
66:5,10,20,21,22
68:5,12,19,24
69:3,9 70:9,10,16
71:2,5,10 74:5,6
74:24 75:13,16
76:25 77:4,5 78:3
78:15 79:10 80:1
Florida Court Reporting
561- 689 -0999
I z 0
82:13,20,25 83:4
88:6,8 91:7,9,11
92:5,9 93:4,20
94:17 100:7,13
109:22
Once 117:16
one's 42:25 45:15
45:16
one -third 50:16
open 47:11 76:7
opinion 25:5 26:11
112:18,19
opportunity 27:13
28:13 109:11
116:5,8
opposed 115:2
opposite 43:18,20
44:15,16 63:5
order 5:8 25:17,22
25:23 26:10 58:19
73:4 116:22
orderly 114:3
117:17
ordinance 58:10,20
90:11 110:20
ordinances 12:12
13:2 90:12 110:1
orientate 39:15
orientated 74:3
original 37:14 82:4
originally 10:14
62:6
outage 98:2
outside 16:8 20:15
69:10,14
outward 93:13
overlooked 107:21
overly 5:19
overrule 102:16,19
overruled 60:12
92:6
owned 80:7,18,19
95:17 113:5
owner 8:25 22:3
25:13 27:13 29:3
29:14 40:23 44:2
50:2 51:23 63:24
65:6 80:15 95:4
99:22 109:1,22
115:16 116:18
owner's 3:20,22,24
4:1,3,4,6,7,9,11
4:12,14,16 22:23
34:1,2 38:20 39:6
39:13 40:16,24
41:11,13 44:6
54:24 55:2 63:18
63:25 65:9 66:3
66:12 68:13 69:1
70:18 79:4,12,13
92:12 109:15,20
115:8
owners 51:3 99:10
ownership 51:17
P -10 68:6,25
P- 1170:16
P- 348:17 50:3
P-444:5 50:2,3
P -8 66:11
P -9 68:6,10,10,12
68:15
p.m 1:15,15 5:4
117:23
page 2:2 83:10
101:14
pages 118:11
Palm 32:13 118:5
parallel42:5,11
47:10
parallelness 45:19
parallels 42:8,9
parameters 41:7
paraphrasing 62:4
parcel 113:4
part 20:15 34:22
50:19 71:24 78:17
83:24 107:4,21
111:22 116:21
partially 16:7,8
26:2,3 49:10,11
113:15
parties 108:23
114:2
parts 67:20 91:16
passed 97:4
people 5:16 97:4
98:3
percent 93:16
perform 55:9
period 73:6 98:13
107:1 111:20
116:12
permanent 97:14
97:16
permission 36:19
99:21 100:1 115:8
permit 9:4 85:8,12
85:18,19,25 98:25
99:12,14,14,15,15
99:17,18 101:14
102:6,6,10 103:15
111:11,12
permits 62:5,7,9,10
101:7,8,15,18
102:3 106:24,25
107:7
permitted 9:6
10:14 21:6 102:11
111:18
permitting 57:1
59:6
person 17:22 18:23
116:14
personal 18:13
53:14 60:5 85:11
85:17
personally 62:24
84:3
pertinent 72:25
phase 57:24 84:14
phonetic 99:9
photo 3:21,23 4:8
29:25 34:15,16
37:2,3,4 38:18,22
38:24 42:25 43:22
53:8 54:5,9,11
55:161:22 62:17
62:23 65:12,20,22
69:10
photograph 32:5,9
32:25 33:2 38:20
65:15 67:5,8,12
67:14 92:21
photographs 16:25
18:11 19:4 31:12
62:24 63:1 67:9
67:10,11 110:15
113:16
photos 3:19 4:3,5
16:22 17:21 18:9
31:9 62:16 68:8
110:16
physical 58:185:25
86:1
physically 57:3
105:12
pick 66:19 89:13
pictorially 42:14
picture 32:23 34:8
34:20 42:13 44:11
47:15,17,18 50:3
53:162:1,20 63:7
66:15,23 67:14,16
67:23 68:20
pictures 17:5,7,13
18:3,22 19:9,9
29:20 35:14 61:14
61:17,19 66:19
67:19 73:24 98:8
98:10 110:7
piece 46:22 51:8
58:11
place 47:4 61:9
103:19 114:21
118:10
placed 10:10,17
62:16 96:23
110:10
placement 110:12
plan 72:23 105:17
planning 13:5,18
21:13 22:9 56:15
57:10,24 112:13
112:23
plans 55:24 56:17
56:18 58:14 70:14
71:24 72:11 73:19
74:19 84:18 86:18
106:13 108:9,14
110:25
please 6:6 8:8 9:25
13:9 29:8 34:5
42:4 44:9 48:17
53:2 61:6 65:1
68:7 75:1 90:16
95:1,9 100:25
117:10
plumbing 91:15
plywood 69:6
point 37:19 56:23
57:13,15 62:7
pointed 78:9
pole 98:6
police 3:4 11:8
12:23
policy 102:12
pool 35:12
portion 17:10,11
49:17 50:15,18
57:10,22 58:3
80:19 94:3 99:23
100:2
position 19:3 37:7
37:9 105:19
110:22
possible 30:25
Post -it 37:17
Post -its 37:11,14
power 89:16 98:2
100:2
pre - application
104:10
predominantly
42:10
preliminary 6:22
prepared 7:7 40:11
40:14 50:156:15
83:23,24
presence 13:19
103:22
present 5:18,23 8:3
9:13 13:4,16
19:20 27:13 28:15
Florida Court Reporting
561 - 669 -0999
1L /
32:16 33:13 55:21
102:7 116:5
presentation 114:3
117:17
presented 13:6
15:15 19:8 22:15
22:18 32:25 58:3
58:6 82:10,11
104:2 114:6,15,24
presenting 5:16 8:1
presently 106:10
pretty 47:4 75:6
97:10 98:18
prevail 112:19
previous 8:19
59:24 61:22
previously 9:17
29:4 47:19 82:9
92:20 95:5 100:20
primary 42:6 46:21
46:23 91:4,19
92:18,23
principal 8:21
84:20,22
print 31:17,23 32:1
printed 31:25 32:2
32:4
prior 9:24 14:10
21:24 36:13,13,15
36:16 44:13 74:9
74:11 98:9 99:6
pro 77:9
probably 32:3
36:13 63:1
procedure 9:21
57:10 97:7,9
proceed 7:7 94:25
proceeding 8:7
57:7 95:15 105:12
proceedings 109:8
117:23 118:10,13
process 57:159:6
59:1162:8 103:23
104:10 107:4,23
processes 32:11
produce 82:4 90:20
90:22
product 105:14
professional 74:20
profile 35:10
progress 75:7
prohibited 21:7
prohibition 11:21
prohibits 10:12
project 67:12 71:16
71:24 73:17 85:1
promissory 111:17
proof 74:18 110:3
proper 20:21 25:23
26:14 28:20
properly 18:8
properties 47:1,3
60:25 74:17
101:18
property 3:17,20
3:21,22,23,24 4:1
4:3,4,6,7,9,11,12
4:14,16 8:17
10:11 16:5,6
18:12,17 20:19,22
20:25 22:3 24:16
24:2125:3,3,6,11
25:16,25 26:3,4,8
26:12 27:13 29:3
29:13,19 30:10
32:6 33:25 34:2
34:22,22,25 37:6
38:20 39:6,13
40:16,23,24 41:3
41:7,11,13,23,25
42:3,5,9 43:3 44:2
44:6,14 45:20
46:10,19,22 48:16
49:10,16 50:2,13
50:16,19,2151:2
51:5,8,12,13,18
51:18,21,22,24
52:14,16,20 53:5
54:10,24 55:2,16
57:3,5,23 58:11
60:6,11,24 62:11
63:8,18,24,25
65:6,9,13,20,24
66:1,3,5,12,16,24
68:13 69:170:17
70:18 73:19 74:14
77:10,14 79:3,12
79:13 80:5,7,9,15
80:17,20,20 84:12
85:1 86:12 92:12
95:4,14,16,20
96:2,14,23 98:12
99:10,22,24
100:11 101:6,13
101:15 103:25
104:19 105:11,17
105:18,22,24
106:19,25 107:14
108:11,25 109:14
109:20,22 111:2
112:25 113:4,5,21
115:6,7,8,11,12
115:16 116:17
117:1
proposals 105:16
105:16
proposed 3:1,18,20
3:22,24 4:1,16
19:12,17 34:1,2
39:6,13 40:22,24
44:3,5,6 54:24
55:2 72:23 73:4
92:10,12 109:17
protocol 28:20
proven 111:14,25
provide 46:11
provided 38:1
46:12 58:2 115:14
provision 112:5
provisions 83:18
89:20 91:22
public 19:6
pull 39:25
purchased 95:19
95:22 96 :14
purported 72:14
purposes 46:25
put 28:9 35:15
52:22 58:14 60:6
74:19 97:10,11,11
97:12 99:13
106:10 115:9
puts 92:23
putting 98:7
qualifies 92:15
quasi - judicial 5:12
7:24 31:15
question 17:9 24:1
24:2126:2 28:13
34:17 41:24 47:23
50:12 52:11,12
61:11 64:24 66:23
77:8 81:9 82:10
82:17 83:16,21,23
84:3,23 85:10,16
90:14,16 93:5,20
101:6 103:16
107:17
questioning 61:6
questions 5:15 8:1
16:25 20:3,4 27:3
27:19 28:3,8
44:19 79:24 88:15
97:22 103:3 105:2
quid 77:9
Quinn 2:11 14:7
27:15 29:2,9
34:10 79:16 91:6
91:6 95:1198:17
quite 6:3
quo 77:9
R 118:1
rafters 92:21
raise 6:7 8:8
raised 77:8
Randolph 4:14
88:7,9,13,25
Randolph's 76:6
79:6
ratifies 93:1
re -cross 93:5
reach 104:22
read 77:2,24 78:1,4
81:16 83:3
reading 56:13
81:18 114:6
ready 94:19
real 41:7 51:22
really 28:7 84:24
89:5,12 94:12
114:7,18 115:4
rear 10:11 12:6,7
16:5 17:12 20:10
24:15 38:17 41:23
41:24 42:9 43:11
43:14,1944:16
45:13,15 46:10,19
47:9,12,15,19,25
48:5,6,8,16,16
49:3 59:9 61:23
65:23,25 66:1
105:17 110:2,9
115:3,11,12
rears 42:7 47:2
reason 72:4 110:19
reasonable 113:22
reasonably 116:7
reasons 111: 13,24
113:20
rebuttal 2:7 103:3
recall 96:4 106:3,6
receive 106:16
111:12
received 11:5,11,17
12:16 13:14 14:3
14:20 15:7,18
16:2,18 24:3
55:18 56:21,23
57:2 59:2 64:1
65:10 66:13 68:14
69:2 70:19 73:1
79:14 84:4,6,7
89:18 99:12,21
100:1 109:18,21
receiving 9:1
recess 109:6,7
recognize 88:10,11
recognized 46:18
47:6
recollection 87:21
103:21,22
Florida Court Reporting
561 - 689 -0999
rMwG 1G V
recommend 104:21
recommendation
104:11,19
recommendations
104:6,7 112:12
recommended
112:22,22
recommending
21:21
record 9:20 10:13
14:15 19:628:19
36:3 48:8 53:9
61:3 67:3,11 76:9
79:7,18 88:2
94:18,24 99:6
101:10 103:9
107:10 109:10,13
112:21 117:11
records 9:3 62:14
99:19 101:16,21
102:12,13 103:15
106:22,23 107:2,3
Recross- Examin...
2:8,9,15,17 80:2
93:9 103:12 105:5
rectangular 39:19
41:18
red 36:21
Redirect 2:16
88:20
reduced 64:21
refer 49:22,24 53:7
referenced 32:2
references 11:20
14:8
referencing 92:11
referred 50:11
110:19
referring 37:9
54:12 56:11 80:23
refinished 30:4
reflect 22:6
reflects 44:12
refresh 23:17
refused 10:16
regard 8:1 64:5
regarding 16:25
21:5 22:17 62:10
70:13 73:1 75:6
77:1,21 89:5
97:23 103:19
104:19 106:5,14
regular 112:12
regulating 110:2,2
reinforced 93:25
reiterate 24:6
relate 29:13
related 20:11 71:23
relates 38:17 104:4
relating 12:1 101:9
relationship 95:11
95:14
relaxed 18:7
relevance 60:8
63:21 66:4 74:23
101:23 102:5,7
relevancy 83:16
92:1 102:14
relevant 5:19 8:4
28:7 61:2 68:20
relied 87:3
remain 103:7
remains 117:4
remember 96:11
REMEMBERED
5:1
removal 10:7 13:21
15:20 22:17
104:24 107:24
113:1,23 114:20
116:24
remove 8:25 22:25
59:8,12 60:10,15
96:4,6 103:20
110:23 116:7,18
117:2
removed 8:23
10:17 14:9,25
15:12 22:123:12
24:8 37:21 104:13
113:24
removing 107:18
renovation 86:18
110:24
renovations 84:9
84:16,19 86:3,4
renumber 12:17
repeat 7:22
repeated 46:10
Repeatedly 62:13
repetitious 5:19 8:4
repetitive 91:21
92:20
rephrase 24:1
replace 96:6,8 97:1
replaced 97:6
replacing 97:8
report 3:9 11:8
13:5,7 15:13
21:14,16,20 22:10
56:7,15 57:12,14
57:16,17 59:3
74:4 86:24 87:2,3
104:6 118:9
represent 18:16
22:24 87:7
representative 22:4
22:4,23 40:2
represented 55:12
represents 10:1
32:6 36:1142:15
request 39:3 62:9
102:2,5 107:1,11
107:11 113:22
requested 111:9,12
requests 46:11
101:10
require 116:24
required 23:12
104:23
requirements
38:17
requires 10:10
requiring 114:20
reside 29:14 101:2
residence 4:3 10:9
29:10 36:12 47:15
54:6 56:13 59:4
63:9 86:9 98:16
101:13 111:6
residences 78:8
resident 29:15
residential 46:23
47:3
resolving 117:18
respect 8:18 19:3
29:18 41:2 46:17
62:9 69:22 75:4
75:19 85:4 88:22
91:15 96:22 98:24
99:11 101:7
103:18 106:18,22
110:12,22 112:7
116:6
respectfully 110:5
respond 20:3
responded 19:8
77:16
respondent 113:5
respondents 7:9
response 24:3 76:4
76:6 78:19 79:7
82:19 88:9,12
90:17
rest 94:8
restate 55:7
result 51:5 83:5
96:12
retention 102:12
review 13:5,17
21:13 22:9 23:4
39:25 56:8,14,21
57:13 58:4 74:7
82:7 83:8 86:15
86:17,25 87:7,9
103:23 104:2
105:14,14 112:13
112:23
reviewed 89:2,3
reviewing 112:15
revised 108:15
right 5:15 6:4,7,9
6:16,25 7:18,25
8:9,12 9:22 18:10
19:1124:20 25:1
25:2,4,22 26:7
27:2,12 30:8,17
33:14 35:1,2,3,15
35:17 36:16 37:13
37:19 38:13 39:10
43:8 44:5,22,24
46:9 47:24 50:10
51:23 52:18,20
53:22 54:165:3
67:9 71:2 73:5
75:12 77:10 86:2
87:23 88:16,19,24
89:1 95:24 102:15
108:22 109:2,5,9
116:21 117:15
ringing 101:3
rip 79:2
Rita 1:24 56:20
72:20 74:9
road 1:14 5:3 43:18
43:19 44:22 46:6
46:24 47:3
roadway 30:3 45:3
Ron 7:11 70:9
Ronald 1:25
roof 46:7 58:1,21
69:4 94:11,12
108:17
roofs 58:22 108:16
room 72:7
roughly 52:17
rule 58:25 108:10
116:22
rules 5:17 8:2,6
18:7
run 28:24
S 118:8,21
sat 111:6
satellite 3:21,23 4:1
29:24 30:132:13
53:7,10,1154:22
satellites 32:12
saw 18:22 88:23
111:3
saying 32:5 35:19
90:2,20
says 10:6 32:15
33:4,6 71:190:19
Florida Court Reporting
561 - 689 -0999
Paae 129
90:22,24 93:1
115:19
scale 82:23 83:3
screen 33:1
Sea 1:14 5:3
search 56:6 76:6
seat 7:19 27:22
second 30:15 36:8
37:17 49:18 53:7
66:17 67:14 71:6
101:25 110:24
section 3:6,8 4:17
10:9,12 11:20,21
12:10 21:5,9
77:24 89:11 91:17
91:18,2192:10,25
sections 15:16 20:8
20:10
secure 111:21
116:14
secured 83:12,13
see 10:3,20 11:25
13:8,22 14:11,15
15:2,22 16:10
17:124:17 30:24
35:11 37:12 40:10
43:23 48:2 51:15
63:19 65:1 66:19
74:6,7 80:9 83:2
87:1091:21 95:25
seeing 34:15
seek 38:19 40:15
41:10 63:17 66:2
78:10,13 79:3
seen 14:16 18:25
38:22 41:2 53:20
55:1 73:25
selected 59:17
selective 61:2
114:11
Senate 90:1,19,21
93:1
send 24:2
sentences 77:25
separate 34:13
39:11 74:17 88:14
108:10,11
set 27:18 77:14
118:14
setback 9:5 12:5
20:11,14,15,17
25:23 26:8 38:17
45:1,2 46:15 47:6
47:25 48:21 59:9
110:9 112:5 113:3
115:2,3,4,12
setbacks 8:18 11:20
11:20 12:1 47:13
110:2
seven 23:5
shape 41:7
shaped 43:17
share 9:9
She'll 85:10
shed 3:19 4:8,10,11
8:17,22,22 9:1,4,5
10:7,9,13,17
13:21 14:9,25
15:12,21 16:6,6
16:22 17:7,10,16
17:17,19 18:9
19:9 20:9,14,24
22:1,18,25 23:11
23:1124:7,10,25
25:6,9,10,22 26:1
29:18,19 30:2,7
34:17,2135:9,13
35:20,2136:5
37:6,9,15,18,21
37:23 39:1,2
41:21,24 42:10,22
43:12,23 44:15
46:1,2,14 48:9
49:10,17 50:16,19
50:25 51:13,19
52:3,6,19,20,23
53:20 54:19 55:19
55:21,22 57:6,10
57:19,20,25 58:17
58:25 59:8,12,16
59:18,24 60:6,11
60:15 61:23 62:2
62:6,10 63:7,9,15
65:13,23 66:15;24
67:15,16,21,24
68:16,17,21,22
69:5,12,13 71:24
72:15 73:1,3,5,13
73:18,21 74:13
75:4,6,7 80:18,19
80:25 81:10,19,19
83:9,17 84:4,23
85:5,9,13,18,19
87:4 89:21,23
90:2,8,13,14,20
92:15 93:13 94:3
94:7 95:19,23,25
96:1,5,13,15,16
96:22,23 97:2,2,5
97:8,11,13,15
98:9,12,17,24
99:1,6,11,12,13
99:18,23 100:2
101:13,14 102:11
103:16,20,24
104:12,24 105:24
106:5,10,13,19
107:14,17,18,24
108:8 110:13,14
110:18,19,23,25
111:1,3,10,19
112:5,5 113:1,2
113:11,12,19,23
113:24 114:20,20
115:5,8,9,10,14
115:16,17,20,21
115:23,24 116:2,7
116:15,18,25
sheds 4:5 9:6 10:13
11:2120:18 21:6
21:6,7 60:21,25
60:25 61:12,15,18
73:3,6,9,1175:22
101:9,11 102:2
110:3
shot 30:9,14 37:22
show 10:129:22
33:13 34:20 37:2
47:2149:19,20
54:25 55:14 66:18
67:10 68:6 71:12
80:25 81:5 85:23
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showed 36:23
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shown 9:23 21:2
61:22 67:5 98:8
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37:6 54:6 67:17
67:23 69:4,10
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42:3,5,6,10 43:14
43:20,21,2144:14
45:6,9,14,16,20
47:6,8,9,12 48:21
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sides 42:7 45:12
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94:14
sight 30:3
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12:3 13:23,24
14:12,18 15:2,3,4
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16:24 18:10 23:21
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34:4 38:4,2139:7
44:4,8 49:6 50:8
51:17 53:2,13,24
54:2,23 55:23
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70:15 71 :8,20
72:3 75:179:20
81:9 82:22 83:4
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93:4,7 94:19,21
100:7,14,25
102:23,24,25
103:1 109:4 112:1
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sit 27:23,25 28:21
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site 18:15,24 31:16
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85:9,18,20 117:4
sites 74:16
sits 25:1148:9
50:16,19 51:19
52:19 66:24 80:18
106:11 115:5
sitting 43:3 105:7
situated 49:10
situation 14:24
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six 32:4 63:1 65:18
68:21
Sixty 116:13
size 81:22 82:2
slowly 91:11
sole 52:13
Soleil 1:6 4:8 7:2,3
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22:13 34:9 48:14
68:181:8 83:6
84:25 85:3 91:6
91:11 101:3
104:22 108:1
sort 63:11
sought 55:10,11
Sounded 108:3
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specific 92:3
specifically 41:17
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spiel 7:22
spoke 66:8 88:12
spraying 108:2
square 39:20 41:18
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stack 34:10 54:16
staff 13:7 15:13
21:20 56:7,19,19
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58:3,13 59:3 74:4
86:23,24 87:2,3
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stamp 55:17
stand 6:6 8:8 28:22
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standards 85:14
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state 12:12 29:8
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Statement 3:2 10:5
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statute 10 1: 17
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stenographer 91:8
stenotype 118:12
steps 43:16
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suggestion 28:9
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supposed 34:20
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survey 3:17,25 4:6
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35:12 36:5,10,11
38:139:16,25
40:2,5,14 41:6,16
42:2144:12 46:13
48:16 49:19,24
50:4 55:12,14,16
55:19 64:3,4,6
80:10,23,25 81:3
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113:7
survive 73:4
Susan 118:8,21
sustains 61:4
Swift 1:5 2:19 3:14
3:15 7:2,3,5 11:9
14:8,23 15:11,19
24:2 36:15 38:6,8
80:7,18,19 83:13
84:9 85:8 94:23
95:3,10,11 102:9
105:9 106:4 108:4
111:1,8 116:9
117:19
swore 7:16
sworn 9:17 29:4
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system 77:14 91:20
92:19 108:2
T
T 118:1,1
T -1 12:22
T- 10109:17
T -2 12:22
T- 312:19
T -3 -A 12:14 13:1
T-412:18 13:11
T- 613:24 14:1
T -715:6
T -816:1
T- 916:17
tab 30:1
take 6:2 10:2 17:23
18:3,4 23:20
30:16,2136:10
48:25 56:16 61:14
62:23 64:17 65:15
72:15 74:13
106:20 109:6
110:16 111:10,21
114:14 116:7
taken 16:23 17:25
18:18,23 19:6
29:25 31:12 54:11
94:12 118:12
talking 34:15 41:16
43:25 47:16,17
61:24 64:3 89:4
talks 13:20
Taylor 1:24
tear 96:7,19 99:1,3
technical 31:11
84:25
technology 32:22
tell 46:9 77:21
81:18,20,25 90:16
103:20
telling 87:21
tells 91:13
ten 23:7,8 49:16
50:20 51:3,9 53:6
101:20 107:6
term 110:20
terms 12:1138:16
59:15 60:5 74:11
76:23 97:8
test 46:21,23
testified 9:18 18:18
29:5 53:15 62:4
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110:11,17 111:2,4
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testify 8:14 9:25
44:9 53:14 77:1
79:8 113:13
testimony 2:4 5:13
7:24 8:1,3,24 9:13
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19:13 28:10 38:24
39:24 48:1149:9
49:23 59:21 60:24
74:23,25 80:4
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93:19,21,22 94:15
101:23 102:1,17
105:8 110:7
112:20 113:7,12
113:15,16 115:7
115:15
tests 42:7 47:8
thank 6:9,12 7:21
8:11 10:21 11:3,7
12:3,8 13:9,10,24
15:3,23,25 16:11
16:11,14 17:2
23:22 27:15 45:22
49:4,7 50:23 61:7
69:20 71:2183:4
84:8 93:4 94:17
94:21,22 100:12
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100:17 102:22,23
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Thanks 49:5
thing 75:7,17
things 52:6 97:20
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think 7:8 12:21
23:5 32:3 49:19
59:20 62:1 64:19
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third 57:25 76:14
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Thomas 1:24 6:19
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thousand 60:15
Thrasher 1:23 2:3
8:14,24 9:7,12,15
9:21 17:5 19:23
20:8 27:7,11,20
28:13 30:24 49:11
56:20,25 59:8,12
59:15,17 62:3
67:19 72:1,19,21
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111:2,4,7 112:22
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Thrasher's 19:6
112:19 113:16
three 40:4 43:7,10
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tile 46:7
time 6:3 8:23 10:18
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56:4,7,25 58:9,14
59:5,11 62:7
73:23 74:5,12,17
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timeline 107:3,5,8
107:9
times 97:25
titled 91:12
today 5:24 6:4,6,22
17:16 18:12,14,15
28:17 29:12 30 :5
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107:15 117:7
today's 57:7 83:17
117:16
told 57:23 59:5,7
59:12 74:12 82:9
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101:18
Tom 109:3
top 6:12
tore 96:18 98:25
total 73:14
totally 75:14 77:13
Town 1:1,23,24,24
3:2,4,6,6,7,8,9,10
3:12,13,15,17,18
5:2,8,116:11,15
6:18,20 7:7 8:14
8:18,22 9:3,6,16
10:6,15 11:4,5,15
11:17 12:15,19
13:14 14:3,6,20
15:7 16:2,7,18
19:17 20:16 21:6
21:7 23:3 24:14
27:6 38:146:11
49:10,12 55:11,17
55:18,24 56:9,10
56:14,15,22 57:2
57:15,24 58:2,6,9
59:7 64:22 65:7,8
67:13 72:1,11
73:2,11,16 76:10
76:17 78:16 80:12
80:14,24 82:22
83:8,18 85:9,14
87:12 89:11 90:8
92:2 96:11 99:1
99:12,15,17,19
101:8 102:11
103:14,23 104:21
104:22 105:19
106:23,23 107:2
107:12 108:10
109:2,18 110:3,9
110:21 111:18,25
112:9,11,24 113:8
113:21
Town's 16:8 27:9
40:1 56:11 109:16
109:25
transcription
118:12
transformer 98:1,3
traveled 57:15
traveling 57:14,15
triggered 78:7
trouble 84:23
true 40:6 70:12
78:20 82:4 107:25
108:7,14 118:11
truly 30:9 37:22
41:6 42:21 54:9
62:20 65:19
truth 31:22
trying 31:14,21
40:10 56:6 74:6
turn 12:4 27:18
turned 6:11
turning 27:21
two 13:120:10
21:22 25:8 36:13
36:17 37:1140:4
45:12,17 46:2
47:1,2,8 48:9
57:23 58:11,22,25
61:20,21 67:9,10
67:11 73:15 74:17
75:24 76:9,13
77:24 83:18 88:14
108:12 110:1
112:5
two -by -fours 69:6
92:22
two- thirds 52:17
twofold 101:23
type 56:3 69:7
73:11 91:3,19
92:18
types 81:24
typical 101:20
typically 26:20
44:25
U.S 33:10
Um -hmm 35:18
44:23 85:7
unclear 87:17
uncontroverted
114:19 115:5
underneath 29:25
57:14,16 58:6
75:25 91:17,17
92:25
understand 34:25
38:14 52:15,16
58:9 81:16 82:15
99:8 102:5 103:10
understanding
26:5 57:12 58:12
73:8
understood 19:16
80:4
unified 25:17
unknown 94:1
unlawful 111:23
use 5:17
uses 8:3
utility 81:1 100:3
V
vacuum 90:7,10
value 51:7
various 32:11
104:2
verification 15:17
verifies 11:8
version 64:21
view 90:4 113:17
115:15
violate 20:9
violated 59:9 110:1
violates 83:18
113:3
violation 3:2 8:16
8:17,19 9:5 10:5,9
10:12,19 20:1,13
62:8 77:12 89:12
89:13 92:2,3
101:24 113:21
114:16,21,22
115:1,2,12 116:2
116:23
violations 10:6
110:4 112:9
visible 54:22
visit 18:14 57:3
71:25 105:12,18
105:22
visited 57:5,8
Wait 87:14
walk 9:22 82:16
wall 49:17,17,20
50:10,20 51:4,9
51:21 52:13,15
53:9
walling 51:4
walls 92:22
want 5:24 9:23
30:22 31:13,15
32:15 46:14 51:6
64:24 73:9 80:17
82:4 87:25 92:7
93:1197:2 103:6
108:23 109:13
116:8
wanted 32:24 39:8
52:25 89:3
Florida Court Reporting
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C 6l,C 1JL
wants 82:15
wasn't 74:21 83:23
83:25 88:1 93:22
102:9,10
water 108:2,2
way 8:12 40:12
45:4 51:10 74:15
87:3 90:3
we'll 6:25 7:18 11:3
11:10 12:13 19:13
27:12 33:25 38:12
39:5 67:6
we're 12:5 19:12,14
20:16 31:2134:14
47:15,17 51:7
53:10,12 54:23
61:10 63:23 66:8
66:10,21 68:24
71:8,15 92:1
102:16 108:2
109:5,9
we've 15:13 36:13
36:17 68:5 97:18
99:14
web 31:16 33:6,18
Wednesday 1:13
5:4
weeks 32:4 63:2
65:18 68:21
weight 5:20 8:5
102:18
welcome 17:1
went 56:8,18,20,22
57:11,13 72:23
73:12 87:7 89:24
90:17 97:9 105:14
weren't 31:16 62:6
84:12 97:16
west 86:11
whatsoever 26:8
98:5 115:7
WHEREOF
118:14
wife 7:12 29:14
38:9 59:20 60:19
72:6 105:9
window 46:6 94:5,9
94:10
wires 98:7
wish 14:15
wishing 5:24
wit 5:5
withhold 89:16
witness 2:2 9:16,20
10:4 11:7,19 12:2
12:4,7,17,20,25
13:3,10,16,25
14:5,22 15:9 16:4
16:13,21 18:8,14
18:19,22 19:1,16
19:19 23:8,22
24:15,18,22 25:1
25:4,7,12,15,20
26:5,9,14,17,20
26:25 28:3,3,15
29:3 30:22 31:2,5
34:6,9,12,18,21
35:2,4,7,9,18;21
36:9,16,24 38:5,7
38:9 39:15 40:19
44:10,21,23 45:3
45:7,10,13,18
47:20,24 48:5,19
48:23 49:5 50:8
50:10,14,18 51:20
51:25 52:4,8,12
52:18,21,24 53:16
53:18,22,24 54 :2
63:14 64 :11,17,23
66:7 68:2,10,17
68:20,23 69:8,11
69:16 70:9 71:2,8
71:12,15,20 75 :13
75:16 76:9,25
77:4 78:3,6 79:20
79:21,24 81:5,6
82:24 83:2,7,22
88:17,18 92:7
94:22 95:4 100:10
100:13,20 102:24
117:8 118:14
witnesses 27:6
100:8 102:25
wood 17:19 67:18
69:10,13 90:2,20
90:23 91:12,21
92:11,15,16,20,21
92:22,25 110:14
110:18 113:14
115:20,21
wooden 90:25
word 26:2 73:15
77:12
work 42:20 69:24
72:11 81:23
worker 19:7,8
works 112:11
wouldn't 44:24
45:1,5,8 74:12
97:15
write 49:3
written 75:25
114:16
wrong 115:1
wrote 75:25 76:3
76:2177:15,23
78:6,17
X
X 2:1
Y
yard 48:21 115:2,3
115:4
year 101:20
years 53:6,12
105:21 107:6
Z
zero 73:16
zoning 114:23
0
04 37:19,20
0771:16,18
08 38:6
09 38:8 71:19 73:21
11:13 3:2,20 5:4
11:4,5 34 :1,2
109:15,16,20
1 -31 -2004 3:23
37:5
1,000101:5
103:184:11 19:13
19:17 69:1 109:18
10 -30 -2007 4:6
1001:14 2:24 5:3
98:3 113:23 117:3
103 2:8
105 2:9
109 3:18,20,22,24
4:1,3,16
10th 14:6 74:8
113:2,4 4:12 70:18
11 -30 -2009 70:24
71:5
11 -7 -2013 3:15
1172 83:10
12 3:6,7 4:14 79:12
79:13
13 3:9 4:16 92:10
92:12 109:15,21
14 3:10,12 105:21
153:13 10:1020:19
20:22,24 25:24,24
26:12 46:8,15
53:12 105:21
15th 118:15
16 3:15,17
17 2:5 14:23
17th 23:18
19 3:18
1999 3:2129:21
32:6,8,9,18 33:3,4
33:6,16,22 34:17
34:22,23 35:10,20
35:2136:6,23
37:20 53:9 95:18
96:14 98:25
2 3:4,22 11:16,17
11:19 38:20 39:6
39:13 109:20
2,376 56:11
2.7 21:1
2:00 1:15 5:4
20 2:6
2004 37:20,24
38:25 39:2 60:4
97:11 98:19
105:22 106:5
111:8,9
2007 4:13 13:6 55:8
55:17 57:3 64:7
69:22 70:13,17
71:7 73:19 74:14
84:8,15 87:17
106:13,21 107:15
107:18,20 110:25
2007 -2008 36:17,18
67:13 68:18
2008 38:7,25 45:25
53:15,19 98:9
2009 71:1,11 73:24
85:2
2010 4:16 91:2,12
91:14 92:11
20114:3 13:19 14:6
14:23 36:18,19
42:18,19 54:7
72:2,1174:2,5,8
86:2 103:19
107:19 110:23
111:6,22 112:25
201315:10,20
23:15 33:22 76:4
76:5 77:7 78:16
2013 - 14105:13
20141:13 5:4 33:23
76:17 118:15
2142:18
21st42:19
22nd 15:19 76:4
77:7
23 91:2,12,17
23014:17 92:10
2302 91:18
2308 91:21
2520101:5
255 66:7
2550 4:8 66:7
101:12
25621:6 7:2 29:11
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26th 13:6,18
29 2:12
3 3:24 40:16,23,24
41:11,13 64:22
65:4 109:20
3-21-201154:12
3 -A 3:6 12:15
3 -B 3:7 12:15 21:11
3018:1 57:2,2
30th 55:8,17 64:6
76:17 78:16
312:13
34 3:20
36 2:14
39 3:22
43:94:1 13:14
21:18 22:7 44:3,6
50:2 109:20
4- 141:57:1 8:13
4:311:15 117:23
40 3:24
40,000 74:20
44 4:1
5 3:10 4:3 14:1,2,3
22:12,13 54:25
55 :2
5 -26 -2007 3:9
5-26-20113:11
5-30-20144:14
5397 83:10
55 4:3
6
6 3:12 4:4 14:20
22:14 63:24,25
6-10-20113:12
6 -17- 20113:14
60116:18,23 117:2
63 4:4
65 4:6
66 4:7
Page 134
68 4:9
69 4:11
7
7 3:13 4:6 15:7,10
23:2,10 65:6,9
80:15
704:12
70 -105 3:8 11:22
12:10 15:17 77:24
70- 105(3) 10:12
21:10
70 -743:6 10:9
11:21,25 12:10
15:16 20:10
79 4:14
7th 23:14,24 76:5
76:11
8
83:15 4:7 16:2
23:14 66:12 76:10
80 2:15
88 2:16
9
9 2:4 3:17 4:9 16:18
21:3 24:10 65:8
68:13 80:12,14,24
82:23 83:8 109:16
9 -2 -2014 3:2 10:6
90116:13
92 4:16
93 2:17
95 2:20
98 2:21
Florida Court Reporting
561- 689 -0999