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HomeMy Public PortalAboutPRR 15-2076Public Record Request 12-15-15 Dear Custodian of Records, This email is a singular request for a public record. Please respond to this public record request in a singular manner and do not combine this public record request with any other public record requests when responding to this request. Before making this public record request, I first searched the public records portion of your agency's website hoping I could locate the public record I seek without having to trouble you for it. Unfortunately I can not find the records I wish to examine. I request you provide for my inspection the public record which is: Any record related to any of the town's efforts during 2015 to bring into compliance with the town's regulations any of those properties with certain land uses which were brought to the attention of the town by Chris O'Hare during the December 2015 town commission meeting. I make this request pursuant to Article 1, Section 24 of the Florida Constitution and Chapter 119 of the Florida Statutes. If you contend that any of the records I am seeking, or any portion thereof, are exempt from inspection or disclosure please cite the specific exemption as required by 5119.07(1)(e) of the Florida Statutes and state in writing and with particularity the basis for your conclusions as required by §119.07(1)(f) of the Florida Statutes. Please take note of �119.07(1)(c) Florida Statues and your affirmative obligation to (1) promptly acknowledge receipt of this public records request and (2) make a good faith effort which "includes making reasonable efforts to determine from other officers or employees within the agency whether such a record exists and, if so, the location at which the record can be accessed." I am, therefore, requesting that you notify every individual in possession of records that may be responsive to this public records request to preserve all such records on an immediate basis. If the public records being sought are maintained by your agency in an electronic format please produce the records in the original electronic format in which they were created or received. See 5119.01(2)(f), Florida Statutes. Please provide only those records for inspection that do not require extensive use of information technologies or extensive staff time or both in excess of 15 minutes. Take note of �119.07(4)(a)3.(d) Florida Statues and if you anticipate that any records exist, the production for inspection of which will require extensive use of information technologies or extensive staff time or both in excess of 15 minutes, then please provide those records that can be produced within the first 15 minutes and advise me of the cost you anticipate to be incurred by your agency for the remaining records prior to incurring this cost. Please do not incur any costs on my behalf without first obtaining my written authorization to proceed. If you anticipate the need to incur any costs that I would be statutorily required to pay in order to inspect these public records which would exceed $1.00 please notify me in advance of your incurring that cost with a written estimate of the total cost. Please be sure to itemize any estimates so as to indicate the total number of pages and/or records, as well as to distinguish the cost of labor and materials. Again, please do not incur any costs on my behalf without first obtaining my written authorization to proceed. I hereby reserve all rights granted to me under the Florida Constitution and Florida Statutes. All responses to this public records request should be made in writing to the following email address: chrisoharegulfstream(a)gmail.com From: Chris O'Hare[mailto:chrisoharegulfstream@gmail.com] Sent: Tuesday, December 15, 2015 3:37 PM To: Bill Thrasher <bthrasher@gulf-stream.org> Subject: Permit application + Public Record Request+ Follow up inquiry -Fwd: Request for clarification in regard to compliance with Town of Gulf Stream Code of Ordinances Dear Mr. Thrasher, This email contains the following items: • A request for a public record (attached), • A permit application (attached in seven parts), and • A follow up to my earlier inquiry (earlier inquiry forwarded herein for your reference). Please forward the attached record request to the Custodian of Records. Kindly review the permit application (seven pages) as soon as possible. With this application I seek official town permission for the improvements I have made to my home which I previously brought to your attention by email on December 10th. I understand that since I have already made these improvements a triple permit fee fine may be in order. I have written you in the past seeking clarification of the legality of the land use I described and illustrated in my December 10th email and further requested clarification from the Town Commission at the town meeting last week. Despite Mayor Morgan's refusal to answer my questions about this matter during that meeting and his claim that I can get answers to my questions from the Town Manager, I have still not received any answers to those few questions I asked you in my December 10th email. I do not wish to be selected for prosecution of any alleged code enforcement violation related to the activity illustrated in my email of December 10th, hence I am submitting this permit application to be certain the land use that is the subject of the permit application is lawful and in compliance with the the town's Code of Ordinances. Sincerely, Chris O'Hare 2520 Avenue Au Soleil Gulf Stream FL 561-350-7551 Attachments: Public Record Request and seven page Permit Application PS: In addition to the photos included in the forwarded emails, note this photo of tiny lights shaped into the form of a tall cone with a star shaped top apparently intended to represents a Christmas tree and call attention to the Christmas holiday. This item is located on the public right-of-way north of the property line of Commissioner Donna White's home. Please consider this particular instance of land use when answering the questions I asked in my December 10th email. ---------- Forwarded message ---------- From: Chris O'Hare<chrisoharegulfstream(@gmail.com> Date: Fri, Dec 11, 2015 at 7:35 AM Subject: Fwd: Request for clarification in regard to compliance with Town of Gulf Stream Code of Ordinances To: tstanley(a.gulf-stream.org.didthevreadit.com, dwhite(oDgulf-streain.org.didtheyreadit.com rganger(&gulf-stream.org.didtheyreadit.com smorgan(aigulf-stream.org.didthevreadit.com, jorthwein(R�gulf-stream.org.didthevreadit.com, bthrasher(@,gulf-stream.org.didtheweadit.com Dear Commissioner, Forwarded herein for your reference is an email I recently sent to Town Manager Thrasher. This is the latest attempt by me to seek clarification from the Town on the legality of certain improvements as they pertain to the Town's code. Mr. Thrasher has not as of yet been forthcoming with this information. I am forwarding this email to you in advance of the December 2015 Commission meeting so you may have a chance to understand the issue I wish to clarify. I understand the Florida Sunshine Act prohibits me from obtaining a consensus of the Commissions opinion on this matter and the only opportunity for you to opine as a group is during a public meeting. I will therefore ask you all at today's meeting the questions I have asked Mr. Thrasher in the forwarded email. Thank you for your consideration of this matter. Sincerely, Chris O'Hare 2520 Avenue An Soleil Gulf Stream FL -------- Forwarded message ---------- From: Chris O'Hare<chrisoharegulfstream(&,wnail.com> Date: Thu, Dec 10, 2015 at 1:07 PM Subject: Request for clarification in regard to compliance with Town of Gulf Stream Code of Ordinances To: bthrasheragulf-stream.org.didtheweadit.com Dear Town Manager Thrasher, I am sending you, via this email, photos of some recent improvements I have made to my property. In addition, I am sending you photos of similar recent improvements I discovered throughout the Town of Gulf Stream. Photos are accompanied by my comments and questions. This first photo is a picture of the Nativity scene I recently mounted to my garage door. You will recall that I attempted to apply for a permit for this work but was told a permit was not required for this improvement. May I continue to display this item without fear of being accused by the Town of violating any Town code? This photo is an item that I recently installed in the front yard of my home. Do I need a permit to display this item as it is currently displayed? May I continue to display this item without fear of being accused by the Town of violating any Town code? This photo is of another item that I recently installed in the side yard of my home. Do I need a permit to display this item as it is currently displayed? May I continue to display this item F violating any Town code? Below are more photos I took last night of items I discovered on properties around Town. I took these photos from the public right-of-way. Please not these items include sculptural representations of reindeer, stars, sled, snowmen, ribbons, wreaths, Christmas trees and other items. Does the display of any of these items as they currently exist violate any part of the Town's code of regulation? I will appreciate your timely response. Sincerely, fin mw ALI ----------- IQ 4i 0 1 41 t. V Or X." %, it TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail December 21, 2015 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS #2076 (Request for clarification in regard to compliance with Town of Gulf Stream Code of Ordinances) Any record related to any of the town's efforts during 2015 to bring into compliance with the town's regulations any of those properties with certain land uses which were brought to the attention of the town by Chris O Hare during the December 2015 town commission meeting. Dear Chris O'Hare [mail to: chrisoharegulfstream(a,gmail.coml, The Town of Gulf Stream has received your public records requests dated December 15, 2015. The original public record request can be found at the following link: htto://www2.gulf- stream.org/weblink/0/doc/75133/Pagel.asox. Please refer to the referenced number above with any future correspondence. 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. Sincerely, Town Clerk, Custodian of the Records TOWN OF GULF STREAM PALM BEACH COUNTY, FLORIDA Delivered via e-mail January 12, 2016 Chris O'Hare [mail to: chrisoharegulfstream@gmail.com] Re: GS # 2076 (Request for clarification in regard to compliance with Town of Gulf Stream Code of Ordinances) Any record related to any of the town's efforts during 2015 to bring into compliance with the town's regulations any of those properties with certain land uses which were brought to the attention of the town by Chris O Hare during the December 2015 town commission meeting. Dear Chris O'Hare [mail to: chrisohareeulfstream(a)smail.coml, The Town of Gulf Stream has received your record request dated December 15, 2015. Your original public records request can be found at the following link http://www2.gulf- stream.ora/weblink/O/doc/75133/Pagel.asyx. Please refer to the referenced number above with any future correspondence. There are no public records responsive to your request. We consider this matter closed. Sincerely, Town Clerk, Custodian of the Records 10 100 NW I" Avenue • Delray Beach, FL 33444 UTY OF DURA4 offisoo (561) 243-7200 • Fax (561) 243-7221 www.mydelraybeach.com BUILDING PERMIT APPLICATION APPL DATEI F.B.C. VERSION N W Gf1' ACCEPTED BY PERMIT N0, OWNER INFORMATION CONTRACTOR & DESIGNER INFORMATION Name GN @ S 0% I IDgsi Check if Owner/Builder (See Page 3) Address ZSZD ti% RV £OLOL Contractor License No. Workers' Comp No. City 6U( 2 Statet_f- Zip 55(95— Home Phone( ) Company Cell Phone Address Fax No. ( ) City State Zip Email Address Phone Fax Cell PROPERTY INFORMATION Email Property Controlmb Nuer: Archltect/Engineers Name 2p ---13- I& -0__ 1.2 _eco _ 03G0 Address of Proposed Work Address ......».....»......»..».«.......»...Z......................................... 11R Dai01TE�3 NKi UKPNlld(PjCt y�1; 2S2-0 hmpiG Legal Descr ptionIN Ptpr tw! 4dt.6AL IOT 3 6 Contact Name Phone Ste or Apt # / Floor - Project Name (i( applicable) Cell ADDITIONAL INFORMATION Fee Simple Title Holder (i) other than owner) Address Mortgage Lender City. State Zip Address Bonding Company City State ZipI Address City Stale Zip DESCRIPTION OF PROPOSED IMPROVEMENTS Description of the proposed work (New Construction, Addition, Interior/Exledor Altera on, Windows/Doors. etc.) Is this a City or Re-hab project? ❑ Yes m No Is the building served with an automatic fire sprinkler system? ❑ Yes P!rNo Current Use or Occupancy S c L EM /LA t p2JTj.ALIs this a change in the Use or Occupancy? ❑ Yes 19 No PERMIT VALUATION For Impact Fee Credit, Existing or Previous Structure Demolished? ❑ Yes No Type of Structure Demolished: ❑ SFR ❑ Commercial ❑ Commercial Accessory Building PLEASE CHOOSE ONE OF THE FOLLOWING: NEW CONSTRUCTION & ADDITIONS - FEE SCHEDULE I• MISCELLANEOUS PERMITS -FEE SCHEDULE Ill TOTAL COST OF CONSTRUCTION TO INCLUDE: ALTERATIONS & GENERAL CONSTRUCTION A-SCHED. 111• STRUCTURAL, ROOFING, ELEC, MECH, PLBG TOTAL COST OF CONSTRUCTION: $_J '�'f S . $ COST OF CONSTRUCTION WITHOUT TRADES: NOTE: OTHER ASSOCIATED TRADES TO BE fEE'D SEPARATELY NOTE: $_ SM.aL UNDER FEE SCHEDULE II OR III. ALL SUB -TRADES TO BE FEE'D SEPARATELY. THESE THESE INCLUDE: LOW VOLTAGE, HOOD/SUPPRESSION SYSTEM, INCLUDE ELEC. MECH, PLBG, ROOFING, LOW VOLTAGE, HOOD/SUPP SYSTEM, FIRE SPRINKLERS, IRRIGATION, FIRE SPRINKLERS, IRRIGATION, LANDSCAPING, LANDSCAPING,'FAVING, ETC. PAVING, ETC. BUILDIN6,41iMITTEE SCHFnm F ann noreu APPLICATION CERTIFICATION AND ACKNOWLEDGEMENT Application is hereby made to obtain a permit to do the work and installation as indicated. I certify that no work or installation has commenced prior to the issuance of a permit and that all work will be performed to meet the standards of all laws regulating construction in this jurisdiction. A City Building Permit does not assure compliance with Homeowners Association's rules, regulations and/or deed restrictions. Applicant is advised to obtain approval from the Homeowners Association before Improving any property. Applicant further acknowledges the following: • Separate permits must be secured for ELECTRICAL, PLUMBING, MECHANICAL, WELLS, POOLS, FIRE SPRINKLER, SIGNS, LANDSCAPE, IRRIGATION, ROOFING, SHUTTERS, ETC. • Thls permit becomes null and void if work or construction authorized is not commenced within six (6) months or if construction or work is suspended or abandoned for a period of six (6) months at any time after work is commenced. Permit will be considered suspended or abandoned if it does not pass an Inspection within 180 days and will be subject to a reactivation fee In the amount In force at the time of reactivation. • Failure to comply with all applicable construction regulations may result in the withholding of future permits. • Submission of any false Information or misrepresentation is a violation of law and shall result In revocation of your permit. • NOTICE: In addition to the requirements of this permit, there may be additional restrictions applicable to this property that may be found in the public records of this county, and there may be additional permits required from other governmental entities such as water management districts, state agencies, or federal agencies. WARNING TO OWNER: YOUR FAILURE TO RECORD A NOTICE OF COMMENCEMENT MAY RESULT IN YOUR PAYING TWICE FOR IMPROVEMENTS TO YOUR PROPERTY. A NOTICE OF COMMENCEMENT MUST BE RECORDED AND POSTED ON THE JOB SITE BEFORE THE FIRST INSPECTION. IF YOU INTEND TO OBTAIN FINANCING, CONSULT WITH YOUR LENDER OR AN ATTORNEY BEFORE COMMENCING WORK OR RECORDING YOUR NOTICE OF COMMENCEMENT. OWNER'S AFFIDAVIT: I hereby certify that I have read and examined this application and know the same to be true and correct. All provisions of laws and ordinances governing this type of work will be complied with whether specified herein or not. The granting of a permit does not presume to give authority to violate or cancel the provisions of any other state or local law regulating construction or the performance of construction. rmurnmiT wtvct GENERAL CONTRACTOR STATS+,- ORI COUNTY OF PALM BEACH STATE OF FLORIDA, COUNTY OF PALM BEACH Sigmlurcofox r �� �� y�arrSigrotum ofQwlifrcr C.14 $ 171T1s"ri✓ Printed .Fame ofO%wr Primal Name of Qualifier STATE OF FLORIDA, COUNTY OF PALM BEACH The foregoing instrurnAnt was acknowledged before� me This day 6 20i5. By (�rllfiOL� Personally Known OR _Produced Identification Type of Identification uuf moi. Signature of Nobly ,ra' •e TRU L IlA M MY OWWM N 1 FF 128242 &Z STATE OF FLORIDA, COUNTY OF PALM BEACH The foregoing instrument was acknowledged before me This day By _Personally Known OR _Produced Identification Type of Identification: Signature of NOLvy 20 _, OWNER — BUILDER AFFIDAVIT Owner: 64W—) S C)) Permit #: (Please Print) I hereby apply for a Building Permit in the City of Delray Beach Florida and will personally supervise and control the permitted construction and will observe all of the requirements of the Building, Electrical, Plumbing, Mechanical, Zoning and other technical codes as adopted and enforced by the City of Delray Beach, Florida. WHEN ISSUED, 1 UNDERSTAND THAT THIS PERMIT IS FOR CONSTRUCTION OF IMPROVEMENTS EXEMPT UNDER 489.103(7) OF THE FLORIDA STATUTES, AND CERTIFY THAT I AM THE BONA FIDE OWNER OF SAID PROPERTY, I ALSO UNDERSTAND THAT: State law requires construction to be done by licensed contractors. I have applied for a permit under an exemption to that law. The exemption allows me, as the owner of the property, to act as my own contractor even though I do not have a license. I must supervise the construction myself. I may build or improve a one -family or two family residence or a farm outbuilding. The building must be for my own use and occupancy. It may not be built for sale or lease. If I sell or (case more than one building 1 have built myself within one (I) year after the construction is complete, the law will presume that I built it for sale or lease, which is a violation of this exemption. I may not hire an unlicensed person as my contractor. My construction must be done according to building codes and zoning regulations. It is my responsibility to make sure that people employed by me have licenses as required by state law and by county or municipal licensing ordinances. I certify that I have not completed a residence or duplex under an owner — builder permit within the past twelve (12) months. I am responsible for all work done by my employees and that proper provision has been made to carry the necessary workers compensation, public liability and property damage insurance, withholding of social security, federal income taxes and payments of federal and state unemployment compensation taxes, as required by law. I, THE OWNER OF THE PROPERTY DESCRIBED AS (address) Do hereby certify that I have read the foregoing, and am aware of my responsibilities, and liabilities for construction work on the above described property and do hereby covenant and agree to abide by all of the aforesaid stipulations. I further understand that any falsification of the above statements constitutes fraud and may result in cance do of this pemtit and the imposition of other penalties as prescribed by law. Owner: �� i ham-- b� Date: (PI"W sign) STATE OF FLORIDA COUNTY OF PALM BEACII Theregoing instrument was acknowledged before me this [ day of ]QOMbeC -taAS' # 1��7 V`> �� 17L— who is personally known to me or who has produced /(tt f ID) (seal) (Stgmlum of Nmry) µYr TWA LMMiW . + MY COMMBSRON 1 FF 129242 a EXPIRES: Uy 10, 2018 �+rra ne` 9a0st1An9uApltNawy Senkr .3- a-THIS PAGE FOR BUILDING DEPARTMENT USE ONLY - PERMIT NO: PCN: APPLICATION DATE: Zoning District Historic: ❑ Yes e No DevelopmenUCondominium/Apartment Name Set Backs: Front Side Street Side Interior Rear Type of Foundation: Monolithic _ Stem Wall _ Pile Square Footage of Commercial Demolition: Type/Size of Accessory Building: Type of Structure Demolished: ❑ SFR ❑ Commercial ❑ Commercial Accessory Building SET UP Occupancy Const. Type Roof Tvne Flood Zone Plan Sq. Ft. (A1C) Plan Sq. Fl. (Under Roof) Finish Floor Elev. DEPARTMENT APPROVALS Env. Services Engineering Planning & Zoning SPRAB I COA I Landscaping 1 Irrigation Public Utilities Fire Department Plan Review I Occ. Load COUNTY IMPACT FEES : -Ti , -4- Rvsd 5110 PERMIT CALCULATION Adjusted Value (Credit) Impact Fee Amount Due Parks $ $ $ Public Bldgs. $ $ $ Schools S $ $ Road $ $ $ -4- Rvsd 5110 PERMIT CALCULATION Adjusted Value S Permit Fee $ Electrical $ Plumbing $ Mechanical $ Roofing $ Paving $ Irrigation $ Landscaping $ Shutter $ Misc Permit $ Other $ Plan Check Fee $ MCR# Total Permit Fee $ ADDITIONAL FEES Fire $ Radon S DPR $ Water I Sewer $ Parks 1 Rec $ Master Plan $ Total Additional Fees $ TOTAL FEES DUE $ M 0 J AVENUE AU SOLEIL 50' R/W ryM —_—_—_ F0MN0 NAIL PLAT k MIAS. n'nn'hu 7^. Location of tiny lights attached to frame hanging in shrubbery Location of 6'tall inflatable figure 2520 Ave Au Soleil Location map for tiny lights and figure "�MENT FOMNO NAIL N76,57 '40", 78 7fi'' n 03.76' LOT 36 n fi N c NC. w B'S c� 50.2- N. B' UTRITT EASEMENT N90'00'00"W 149.50'PLAT & MEAS. oal LOT 38 BEARING REFERENCE LINE. Y LOT 37 From: Chris O'Hare <chrisoharegulfstream@gmail.com> Sent: Monday, December 21, 2015 11:02 AM To: Bill Thrasher Subject: Fwd: GS #2076 (Request for clarification) Attachments: GS #2076 (Request for clarification).pdf, Gmail - Request for clarification in regard to compliance with Town of Gulf Stream Code of Ordinances.pdf Dear Mr. Thrasher and Ms. Taylor, I am in receipt of your recent email which I forwarded below for your reference. In your email you state you need more time to respond. May I ask how much time do you consider to be reasonable for the delay of the production of these records? Do you have any idea how long it may be before I can inspect all these records? Do you have any idea how long it may be before I can inspect any of these records? Can you provide me with a production schedule for the production of any record responsive to my request? Surely there is at least one responsive record you could readily access and provide for my inspection? May I inspect that record today? In addition to the record request I made to you in my email of December 15th, I also explained to you that I was making that record request because Mr. Thrasher had not as yet responded to the inquiries I made in my email of December 10th. I have attached a copy of the December 10th email for you reference. May I expect an answer to any of these questions soon? Today Mr. Thrasher, or someone using his email account, sent me this email regarding my recent permit application for a land use illustrated in the above referenced emails. He wrote: hoe. Bill Thrasher <bthrasheraa.eulf-stream.om> tn: Chris O'Hare<chrisohareeulfstream(alemail.com> "Lou Roeder (louAlouroeder.corn " <lou(alouroeder.con; Rita Taylor <RTav1on%zulf-stream.ore>, Kelly Avery </mverv(a,eulf-stream.ore> dale. Mon, Dec 21, 2015 at 9:34 AM ul•;:.•r Email Received 1 211511 5 3:37 PM On 12/15/15 at 3:37 PM the Town received an email from you. Contained in that email, along with a public records request was a "Building Permit Application". This email will address the Building Permit Application only. Based on the scope of work in the "Description of Proposed Improvement" section on the building permit application and the attached documentation, the scope of work does not require a building permit. May I correctly assume that the above email means this particular land use is not prohibited by Town Code and I can continue this particular land use without fear of prosecution? I remind you that Mayor Morgan, speaking on behalf of the Town Commission recently instructed me that public meetings where no place to ask these questions and I could get answers to these questions from you. Your timely response to this inquiry is essential for me to govern my actions to be in compliance with Town Code. Sincerely, Chris O'Hare chrisoharegulfstreamCcDgmail.com ---------- Forwarded message ---------- From: Bill Thrasher <bthmsher0,gulf-stream.org> Date: Mon, Dec 21, 2015 at 9:12 AM Subject: GS #2076 (Request for clarification) To:"chrisohareeulfstream(a)email.com"<chrisoharegulfstream(i4gmail.com> 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. 17Q10115 Groot- Request for daificxlion in ropd to canpti ewith Toon of Gdf Sbeam Coded Ordow< GiaI I- Chris O'Hare<chrisoharegulfstream@gmail.com> I.G000r Request for clarification in regard to compliance with Town of Gulf Stream Code of Ordinances Chris O'Hare <chdsoharegulfstreamQgmail.com> Thu, Dec 10, 2015 at 1:07 PM To: bthmsher@gulf-stmam.org.didtheymadit.com Dear Town Manager Thrasher, I am sending you, via this email, photos of some recent improvements I have made to my property. In addition, I am sending you photos of similar recent improvements I discovered throughout the Town of Gulf Stream. Photos am accompanied by my comments and questions. This first photo is a picture of the Nativity scene I recently mounted to my garage door. You will recall that 1 attempted to apply for a permit for this work but was told a permit was not required for this Improvement. May I continue to display this Item without fear of being accused by the Town of violating any Town code? This photo is an Item that I recently installed in the front yard of my home. Do I need a permit to display this item as it is currently displayed? May I continue to display this item without fear of being accused by the Town of violating any Town code? Mpsl/md1 151WIWe09loa im1=15MI211,7emo0 1111