Trump Properties LLC appeals town code violation over hedge replacement at Palm Beach residence

FeE- Tn Sapo Fee yt > F216 Onyiy - AK tan TRUMP PROPERTIES LLC - C.F c/o The Mar-a-Lago Club Fendt ~ FRCON 1100 South Ocean Boulevard Palm Beach, Florida 33480 RECEIVED July 3, 2008 JUL 7 2008 Ms. Susan Eichhorn, Town Clerk 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: 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 HOUSE_OVERSIGHT_016597