File 016690

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From:
To:
Cc:
Subject:
Date:
Kirk Blouin
John Page
Police Code Enforcement
Re: ARCOM
Thursday, June 26, 2008 2:09:06 PM
JP,
Here is a copy of the minutes from the April CEB hearing. Each month thereafter the case was postponed
because we were aware that it was being brought to ARCOM. Now that this matter has been resolved
with ARCOM we will proceed with a code enforcement case until the property is in compliance (meaning
they plant the shrubbery and hedges approved by the Town).
Sgt. Krauel or Rob Walton will be available on July 23rd as I will be attending a conference.
H. Case # 08-2484, 515 N. County Road, Trump Properties, LLC
Violation of Chapter 18, Section 18-205 of the Town of Palm Beach Code of
Ordinances, the Architectural Commission may attach conditions to any approval it grants
(Declaration of Use Agreement).
Lead Code Enforcement Walton presented the facts of the case and said the previous
owner of the property, Abe Gosman, had been granted approval by the Architectural
Commission to do some remodeling. One of the conditions of this approval was that the
hedge along the front of the property be maintained in the condition it was in at the time the
approval was granted. This agreement was a binding agreement, which passes on to any
subsequent property owner. The agreement was made January 31, 1990. The subsequent
buyer of this property was Mr. Trump, Trump Properties, LLC and some remodeling work
was done, removing the previous hedge. A new hedge was planted to replace the original
hedge and that one has now been removed. This is a violation of the agreement. A letter was
received from Mr. Royce, representing Mr. Trump, asking for a postponement of today’s
hearing. The Town does not feel this matter should be postponed.
Mr. Randolph summarized the letter from Mr. Royce which indicated the ficus
hedge keeps dying and they want to replace it with something different. They plan on hiring a
landscape architect to go before the next Architectural Commission meeting to get approval to
install a hedge in an attempt to meet the conditions of the declaration of use agreement. Mr.
Randolph said he had discussions with Mr. Royce and Mr. Walton and Mr. Royce was told the
Town could not recommend a postponement and the recommendation would be that they are
found in violation, assessed the $150.00 in administrative costs and be given until June 18th,
which is the day before the June Code Enforcement Board meeting, to comply. This would
give them the opportunity to appear before the Architectural Commission to see if they can get
approval to re-plant a hedge. The hedge has to be installed to the height which existed at the
time of the agreement which Mr. Randolph said he believed was twenty-two (22) feet. Mr.
Randolph said Mr. Royce was not present today because he had a planned vacation.
MOTION BY MR. FRIED TO FIND THE VIOLATOR IN NON-
COMPLIANCE, ASSESS ADMINISTRATIVE COSTS OF $150.00 AND GIVE THEM
UNTIL JUNE 18, 2008 TO COMPLY.
SECONDED BY MS. VAN BUREN
MOTION PASSED UNANIMOUSLY
From: John Page/PalmBeach
To: Kirk Blouin/PalmBeach@PalmBeach
Cc: Tim Frank/PalmBeach@PalmBeach
Date: 06/26/2008 09:00 AM
Subject: ARCOM
Kirk: We had our June monthly ARCOM meeting yesterday. You likely know that ARCOM is working
with Mr. Trump to re-install a hedge on his North County Road property. I believe this case is now
pending in front of Code Enforcement. In May, ARCOM approved a plan to replace the former hedge
with silver buttonwood shrubbery, which would additionally be back-planted with silver buttonwood
trees....the overall effect would be an eventual 20' high screen. The shrubs have been planted, but
yesterday attorney Ray Royce asked for postponing the trees until the end of the Hurricane season.
ARCOM said NO and directed the attorney and landscaper to get the trees in ASAP. Also, more
shrubbery was required at the main entry (north side) to match the newly installed hedge on the south
side.
As the meeting was ending, the Commissioners asked for one of two things. They asked that either 1) a
quick written report from Code Enforcement be made available to them at their next meeting on July 23
(9:00 a.m.) about the enforcement status of the case, or 2) that someone from Code Enforcement attend
their meeting to provide a verbal status report. Their patience is wearing thin with the whole hedge issue,
and it has them naturally curious about what is happening with their counterparts on Code Enforcement.
Would you or the appropriate representative from Code Enforcement be available on July 23? That
would be my preference because follow-up questions almost always pop up. If not, can you provide me
with a brief summary of your enforcement history and pending status? Thanks, JP