File 016597

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TRUMP PROPERTIES LLC
c/o The Mar-a-Lago Club
1100 South Ocean Boulevard
Palm Beach, Florida 33480
July 3, 2008
Ms. Susan Eichhorn, Town Clerk
Town of Palm Beach
360 South County Road
Palm Beach, FL 33480
Re: Trump Properties LLC
515 North County Road, Palm Beach, Florida
Dear Ms. Eichhorn:
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RECEIVED
JUL 7 2008
TOWN CLERK
Pursuant to Section 18-177 of the Town of Palm Beach Code of Ordinances (the "Code"), Trump
Properties LLC ("Trump" or "Appellant") hereby appeals to the Town Council a certain June 25,
2008 decision of the Architectural Review Commission ("ARCOM") regarding the residence at
515 North County Road, Palm Beach, Florida (the "Residence").
Statement of Facts
Trump purchased the Residence on January 6, 2005. The Residence was subject to an
Agreement between the Town of Palm Beach and the prior owner, Abraham Gosman, dated
January 31, 1990 and recorded in Official Records Book 6350, Page 1207, of the Public Records
of Palm Beach County, Florida ("Agreement"). The Agreement provides that a hedge
contiguous to North County Road will be maintained and that in the event the hedge is damaged
or destroyed, it will be replaced. The Agreement refers to the "hedge" in 9 separate places on the
first page of the Agreement. The Agreement nowhere refers to, or requires, any trees.
On April 7, 2008 the Town gave notice of a code violation alleging that the hedge had not been
maintained or replaced. The original hedge had been destroyed by the hurricanes of 2005 and
two subsequent replacement hedges had died due to salt spray. Therefore, Trump asked to
replace the ficus hedge with silver buttonwood hedge material. The Town staff advised that such
decision would have to be made by ARCOM. The Appellant appeared before ARCOM on May
28, 2008. ARCOM approved silver buttonwood hedge material. ARCOM also requested that
trees be planted and requested a tree planting plan. Trump planted the hedge in accordance with
the Agreement.
Trump returned to the Code Enforcement Board meeting on June 19, 2008. That Board deferred
further consideration of the matter pending plantings requested by ARCOM.
Trump appeared before ARCOM on June 25, 2008 and (a) sought reconsideration of
July 3, 2008
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the request for trees and (b) proved that the hedge that had been planted satisfactorily screened
the house and complied with the terms of the Agreement.
Grounds for Appeal
The action of ARCOM was inconsistent with and not in conformity with the provisions of the
Code and the Agreement which ARCOM and the Code Enforcement Board seek to enforce. The
grounds for appeal include the following:
1. ARCOM erroneously interpreted the Agreement to require not only a hedge as specified
by the Agreement, but to also require the planting of 20 trees behind the hedge. The
Agreement does not require any planting of trees.
2. ARCOM denied the request by Trump to reconsider its position that trees must be
planted.
3. ARCOM directed that the portion of the existing hedge which was undamaged, located
north of the driveway into the property, be partially or fully destroyed and replaced with
silver buttonwood hedge material for purposes of "symmetry". Such a requirement is not
in conformity with the Agreement.
4. ARCOM abused its discretion in denying Appellant's request since it is unreasonable to
require new and additional planting outside of the clearly limited requirements of the
Agreement.
5. Any action by the Code Enforcement Board or ARCOM with regard to the Agreement is
improper and inconsistent with the Town Code since the Code Enforcement Board can
only enforce Code provisions and not contractual agreements, notwithstanding any
language to the contrary in the Agreement.
Trump requests that this appeal be heard by the Town Council at the meeting on
August 11,2008.
TRUMP PR
By:
crnard Diamond, Vice President
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