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HomeMy Public PortalAboutComplaint from ResidentFebruary 20, 2014 Mr. William Thrasher Town Manager Town of Gulfstream 100 Sea Road Town of Gulf Stream, FI 33483 Re: Code Enforcement Special Magistrate Notification Move for Postponement Request to Produce Documentation Interrogatories Email and Hand Delivered 2/20/14 Rtaylor @gulf- stream.org Bthrasher @gulf- stream.org Dear Mr. Thrasher, At approximately 11:30 a.m. on February 19, 2014 an armed Gulf Stream Police Officer delivered a summons for appearance in front of the Code Enforcement Special Magistrate on February 25, 2014 regarding the removal of an existing shed. 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 injurious to the Respondent's right to comprehensively respond to the Movant's allegations. On January 8, 2014 1 authored an email addressed to yourself requesting, with respect to the mediation, "to coordinate dates, items of discovery, interrogatories, mediator etc." in an effort to move this issue forward on a timely scheduled basis. I have enclosed a reproduction of that correspondence and your response to assist your recollection. It is our assertion that in the interest of justice, the Special Magistrate Hearing on February 25, 2014 must be postponed. 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 17. Provide LDR code section governing the rear, front and side setbacks for irregularly shaped residential lots 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? Sincere Quinn I. MikloYU 2562 Avenue Soleil Gulf Stream, Fl 33483 Quinn Miklos From: Bill Thrasher <bthrasher @gulf - stream.org> Sent: Wednesday, January 08, 2014 4:53 PM To: Quinn Miklos Subject: RE: Miklos -Swift Residence Happy New Year to you Quinn. The Town will proceed to Special Magistrate on this issue. We will preparing your notice as quickly as possible. The notice will be somewhat helpful to you in your preparation. You will be communicating with Rita as the process proceeds. [III From: Quinn Miklos [ mailto :quinn @miklosarchitecture.coml Sent: Wednesday, January 08, 2014 3:29 PM To: Bill Thrasher Subject: Miklos -Swift Residence Hello Bill, Happy New Year. Thank you for arranging my phone conversation with the City Attorney. I was just following up on the topic of the mediation regarding the Shed issue. I would like to coordinate dates, items of discovery, interrogatories, mediator etc. When and who should I coordinate these items with? Thank you I I I)k MIKLO Quinn I. Miklos, NCARB Registered Architect Fl. Reg. AR 91602 Miklos and Associates, P.A. M iklosArch itecture.com Phone: 561 - 392 -6762 1 !f