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HomeMy Public PortalAbout10/06/1995September 29, 1995 MAYOR: William F. Koch, Jr. VICE MAYOR: Alan I. Armour COMMISSIONER: James E. Cross Joan K. Orthwein A. Curtis True, M.D. REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE TOWN COMMISSION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 6, 1995, AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FL AGENDA I. Call to Order. II. Pledge of Allegiance. III. Roll Call. IV. Minutes. A. Regular Meeting of September 5, 1995 B. Public Hearing of September 5, 1995 C. Public Hearing and Special Meeting of September 20, 1995 V. Additions, withdrawals, deferrals, arrangement of agenda items. VI. Announcements. A. Meeting Dates 1. Regular Meeting to be held on November 9, 1995 at 9:00 A.M. 2. Regular Meeting to be held on December 8, 1995 at 9:00 A.M. VII. PUBLIC HEARING -Board of Adjustment A. Applications for Development Approval 1. Bill Free as Agent for Harold T. Pontius, owner of the property located at 1315 N. Ocean Blvd., Gulf Stream, F1., legally described as the south one -half of Lot 5 and the north one -half of Lot 6, Block D, Revised Plat of Block D and Block E, Palm Beach Shores Acres. a. LAND CLEARING PERMIT -To permit the removal of some existing trees and the addition of fill material. b. AIA VEGETATIVE DISTURBANCE PERMIT -TO permit alteration of existing vegetation and the installation of a fence and gate adjacent to the AlA right -of -way. C. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -To permit construction of a two story single family dwelling and accessory structures. 2. Lamar T. Webb as Agent for Mr. & Mrs. Robert Zelle, owners of the property located at 3300 Polo Drive, Gulf Stream, F1. legally described as Lot 11, less the north 50' thereof an all of Lot 12 in Polo Cove Subdivision. a. LAND CLEARING PERMIT -To permit alteration of vegetation and the addition of fill material. b. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW, -To permit construction of a one story, single family dwelling. (1). Demolition Review -To permit the demolition of the existing single family dwelling at the address stated above. VIII. Reports. A. Town Manager B. Town Attorney C. Architectural Review and Planning Board 1. October Meeting Date - October 25, 1995 at 8:30 A.M. D. Finance Director 1. Financial Report for September, 1995 E. Police Report for September, 1995 F. Construction in Progress Report for September, 1995 September 29, 1995 AGENDA CONTINUED n IX. Items for Commission Action. A. Reconsideration of Conditions of Approval of the Malnove project. B. Items by Mayor and Commissioners X. Public. XI. Adjournment. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THIS MEETING, SAID PARTY WILL NEED A RECORD OF THE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO INSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD.INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S. l ,! MINUTES OF THE REGULAR MEETING AND PUBLIC HEARING HELD BY THE TOWN COMMIS- SION OF THE TOWN OF GULF STREAM ON FRIDAY, OCTOBER 6, 1995, AT 9:00 A.M. IN THE COMMISSION CHAMBERS OF THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FL. I. Call to Order. Mayor Koch called the meeting to order at 4:00 P.M. II. Pledge of Allegiance. Commissioner Armour led the Pledge of Allegiance. III. Roll Call. Present and William F. Koch, Jr. Mayor participating: Alan I. Armour Vice Mayor James E. Cross Commissioner Joan K. Orthwein Commissioner A. Curtis True, M.D. Commissioner Also present & participating: IV. Minutes. E. Scott Harrington John Randolph Rita Taylor William Gwynn Robert Schultz Bill Free Del'_ Swilley Paul Slattery Marjory McGraw Town Manager Town Attorney Town Clerk Finance Director Police Chief Agent for Pontius Agent for Zelle Agent for Malnove Town Resident A. Regular Meeting of September 5, 1995 B. Public Hearing of September 5, 1995 C. Public Hearing and Special Meeting of September 20, 1995 Commissioner Armour moved and Commissioner True seconded that the minutes of these meetings be approved as circulated. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. V. Additions, withdrawals, de The Town Clerk requested t budget adjustments for 1994 -1995 to this addition. VI. Announcements. of agenda items. o aoo xesoluLlon No. 77 -17 autnorizing as Item VIII.D.2. There were no objections A. Meeting Dates 1. Regular Meeting to be held 2. Regular Meeting to be held Mayor Koch made these announcments. Town date be confirmed for the Uanuary,. 1996 mi that the January meeting would be held on January 12, 1996 at 9:00 A.M. on November 9, 1995 at 9:00 A.M. on December B, 1995 at 9:00 A.M. Manager Harrington asked that a aeting. It was unanimously agreed the regular meeting date of Friday, VII. PUBLIC HEARING -Board of Adjustment. A. Applications for Development Approval 1. Bill Free as Agent for Harold T. Pontius, owner of the property located at 1315 N. Ocean Blvd., Gulf Stream, F1., legally described as the south one -half of Lot 5 and the north one -half of Lot 6, Block D, Revised Plat of Block D and Block E, Palm Beach Shores Acres. Mayor Koch reqeusted that all of those persons who intended to speak to this matter please stand and be sworn in. Mr. Free was administered the oath. Regular Meeting & Public Hearing Town Commission - October 6, 1995 page 2 Mr. Bill Free displayed color renderings of the proposed structure and advised that all provisions of the Design Manual and other sections of the Town Code have been met. He complimented the Town on the Design Manual, adding that the architect had stated that it was the best and easiest he had used. Mr. Free advised that the landscape plan utilizes the existing mature vegetation with additional plantings to be installed in order Cj to maintain the existing "hammock look ". Mr. Free ended his presentation by advising that they have amended the plan by removing the fence and columns along AlA, leaving only the gates and columns as was recommended by the ARPB. Town Manager Harrington reported that the ARPB had recommended that a Land Clearing Permit be granted based on the detail provided on the amended drawings bearing the Received Date of September 26, 1995. He further reported that the ARPB recommended that an AlA Vegetative Disturbance Permit be granted,provided that the fence and columns shown in the drawings be removed with the exception of two entry columns and the gates. Mr. Harrington then reported that the ARPB had recommended that the site plan be approved with the condition that the project shall meet the previously described conditions of the Landscape Distrubance and Land Clearing Permits, and that a minimum 5' high fence or wall must be provided to enclose' the pool area as per County building requirements. Town Manager Harrington closed by reporting that the ARPB believed the project to be consistent with all applicable standards with the conditions that have been stated. Mayor Koch asked for public comment regarding this project and there was no comment. He then asked for questions and comment from the Commission. Commissioner Orthwein asked what material was used for the front doors. Mr. Free stated that they are glass doors with an aluminum grate, with the appearance of wrought iron, on the outside of the glass. a. LAND CLEARING PERMIT -To permit the removal of some existing trees and the addition of fill material. Commissioner Orthwein moved and Commissioner Armour seconded that a Land Clearing Permit be granted based on the detail provided on the amended drawings bearing the Received Date of September 26, 1995 as recommended by the ARPB. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. b. AlA VEGETATIVE DISTURBANCE PERMIT -To permit alteration of existing vegetation and the installation of a fence and gate adjacent to the AlA right -of -way. Commissioner Armour moved and Commissioner Orthwein seconded that the AlA Vegetative Disturbance Permit be granted provided that the fence and columns shown in the drawings be removed, with the exception of two entry columns and the gates, as recommended by the ARPB. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. C. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -To permit construction of a two -story single family dwelling and accessory structures. Mrs: Orthwein moved that,inasmuch as she believed the project to be consistent with all applicable standards with two conditions, the site plan be approved with the conditionsthat the project shall meet the previously -described conditions of the Landscape Distrubance and Land Clearing Permits, and that a minimum 5' high fence or wall must be provided to enclose the pool area as per County building requirements. Commissioner Armour seconded the motion. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE, and Mayor Koch; AYE. Regular Meeting & Public Hearing Town Commission- October 6, 1995 page 3 Mayor Koch passed the gavel to Vice Mayor Armour, declaring a conflict in that he participated in the sale of the property to Mr. & Mrs. Zelle. 2. Lamar T. Webb as Agent for Mr. & Mrs. Robert Zelle, owners of the property located at 3300 Polo Drive, Gulf Stream, F1. legally described as Lot 11, less the north 50' thereof and all of Lot 12, in Polo Cove Subdivision. CVice Mayor Armour asked that all of those persons who intended to speak to this matter please stand and be sworn in. Mr. Del Swilley was recognized and stated that he will be representing Mr. & Mrs. Zelle in that Mr. Webb was unable to be present. The Town Clerk administered the oath to Mr. Swiney Mr. Swilley stated that the existing structure will be demolished within two weeks of approval and construction is expected to commence early in November, 1995, provided approval is granted. He reported that most of the existing vegetation will be used and supplemented with mature plantings. Mr. Swilley advised that the applicant is no longer requesting consideration of a side entrance, but is seeking approval of the design with the front entrance as was recommended by the ARPB. Mr.. Harrington reported that the ARPB had found that the plans and documents submitted by the applicant met all applicable permitting criteria and that the design is consistent with the applicable review criteria. He stated that the ARPB recommended that the Land Clearing Permit be granted and the site plan showing the front entrance be approved, provided the pool area is secured with a minimum 5' high fence or wall as per County building requirements. Vice Mayor Armour asked for comment from the public and there was none. He then turned to the Commission for comment. There being none, Vice Mayor Armour called attention to the narrow streets in this area and asked Mr. Swilley's cooperation in following the Construction Site Management Hand- book in an effort to reduce the impact of construction on the neighborhood. Mr. Swilley advised he was familar with the problems and that the Town would have his cooperation in this matter. a. LAND CLEARING PERMIT -To permit alteration of vegetation and the addition of fill material. Commissioner True .stated that he believed the plans and documents submitted by the applicant met all applicable permitting criteria and moved that the Land Clearing Permit be granted. Commissioner Orthwein seconded the motion. Roll Call: Comm. Orthwein; AYE; Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. b. LEVEL III ARCHITECTURAL /SITE PLAN REVIEW -To permit construction of a one- story, single family dwelling. (1). Demolition Review -To permit the demolition of the existing single family dwelling at the address stated above. Commissioner True moved that the site plan with the Received Date of September 27, 1995 showing the front entrance be approved as recommended by the ARPB, in that the design is consistent with applicable review criteria, and that a demolition permit be granted for the existing structure, provided the pool area shall be secured with a minimum 5' high fence or wall as per County building requirements. The motion was seconded by Commissioner Orthwein. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. Regular Meeting & Public Hearing Town Commission - :October 6, 1995 page 4 Vice Mayor Armour returned the gavel to Mayor Koch. VIII. Reports. A. Town Manager There was no report from the Town Manager. B. Town Attorney There was no report from the Town Attorney. C. Architectural Review and Planning Board 1. October Meeting Date - October 25, 1995 at 8:30 A.M. The Town Manager made this announcement. D. Finance Director 1. Financial Report for September, 1995 Finance Director; William Gwynn, presented his report and called attention that the final draw for the Water Fund had been taken from Sun Bank in the amount of $38,199.64 and most of the $5,135.09 shown as received 'from . the County for Occupational Licenses was prepayment for the 1995 -1996 licenses. Mr. Gwynn pointed out that there is $288,406.66 in invested funds for the General Fund and added that he expects to draw approximately $175,000 from that to meet expenditures until the new tax money starts to be received. In closing Mr. Gwynn noted that $26,999 had been collected in revenues over and above the budgeted amount and less had been expended than was budgeted for expenditures. In comparing the actual- revenues collected and the actual expenditures made during the year, there was $2,050 more expended. With regard to the Water Fund Report, Mr. Gwynn stated that water sales were down considerably causing the deficit revenue figure but that costs were also down since less was purchased from the City of Delray.. Town Manager Harrington advised that the rate structure was such that the system would always be self supporting since a drop in usage would always be off -set by a drop in expenditures to the City of Delray Beach. Commissioner True moved and Commissioner Armour seconded that the Financial Report for September, 1995 be approved as presented and all voted AYE. 2. Resolution No. 95 -19; A RESOLUTION OF THE TOWN COMMISSION OF THE TOWN OF GULF STREAM, FLORIDA PROVIDING FOR THE REAPPROIAT- IONS OF BUDGET EXPENDITURES IN THE GENERAL FUND. The Town Clerk read Resolution No. 95 -19 in it's entirety which authorizes a transfer of $22,000 from Police Salaries in the 1994 -1995 budget to Streets - Maintenance & Repairs, $15,000; Sanitation - Equipment & Repairs, $2,000; and Administrative & General -Legal & Professional,$5,000. Commissioner Orthwein moved and Commissioner Armour seconded that Resolution #95 -19 be adopted. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. Armour; AYE, Comm. True; AYE,.and Mayor Koch; AYE. E. Police Report for September, 1995 Chief Robert Schultz presented his report which gave the monthly activity for the department. He added that training was given in cnaifisaw- operation and safety and a town safety committee of three employees held their first semi - annual meeting. He advised that this has been established at the request of the Workers Compensation Carrier in order to take advantage of premium discounts that are given for such activities. F. Construction in Progress Report for September, 1995. Town Manager Harrington advised that due to the early meeting date, this has not been prepared but that it will be on the next agenda. Regular Meeting & Public Hearing Town Commission- October 6, 1995 page 5 IX. Items for Commission Action. A. Reconsideration of Conditions of Approval of the Malnove Project. Mayor Koch passed the gavel to Vice Mayor Armour advising he had a conflict in that he participated in the sale of this property. Mr. Paul Slattery, representing Paul Malnove, advised that he has been engaged to design a home for Mr. Malnove but the planning has just begun. C He advised that the deadline for submission of a Site Plan Approval Application is November 1, 1995 which cannot be met. He called attention to the fact that there is an existing structure on the 200' parcel that the new owner wants to remove in order to divide the property into 2, 100' parcels. He reminded that the division of the property was approved by the Town Commission with a condition added that the building could not be removed until a Site Plan Application procedure was commenced. Mr. Slattery stated that the existing structure has been vandalized and vagrants frequently are found on the property. He requested that Mr. Malnove be granted a release from the condition that the structute cannot be demolished or subdivided until an application for site plan - approval has been filed. Mr. Harrington recommended that the conditions be removed in view of the fact that the Design Manual is now in place to better control what is constructed on the property and the fact that the existing structure is attracting an undesireable element to the neighborhood. Marjory McGraw was recognized and administered the oath by the Town Clerk. Mrs. McGraw stated that she lives next door to this abandoned structure and urges that it be demolished at once. She believed that it is a health and safety hazard to the neighbors. Commissioner Orthwein moved and Commissioner True seconded that the condition of approval for the division of this property be removed provided that the existing structure is removed from the property as soon as possible but no later than November 30, 1995. Roll Call: Comm. Orthwein; AYE, Comm. Cross; AYE, Comm. True; AYE, and Vice Mayor Armour; AYE. Vice Mayor Armour returned the gavel to Mayor Koch. X. Public. There was no comment from the public. XI. Adjournment. Mayor Koch adjourned the meeting at 9:45 on a motion by Commissioner Armour that was seconded by Commissioner True with all voting AYE. Rita L. Taylor, To Clerk FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS I \VI \ \ \II IIN�I \ \.. \II 1111111111 \AV11 V\ VII O1-IN)ARIr. ('UII.C'll.. C'(IMMISSIO \.At II ION I I1 ON(MI M1 III 1 KOCH, WILLIAM F., JR. \I\II IVI \nl)NI �� 545 Golfview Drive rl n Gulf Stream Florida I()% %k lilt ll Noll OE( 'I NNFU 10 -6 -95 1111 HOAR II.('011.('11_('OMMISSIOS.AUIHUN I l ON C'(1M VI I Ili I M A llil'II I SI'N\•F IS A UNIT OP csc ('nY ❑ CouN" ❑ Ol IIF.N I.00'Al ACIF.0 COUNII \ Awu or Ito nl(•nl. suxulvlzu). 33483 1 m....... ..F n "I F ca 110SI110% IC WHO MUST FILE FORM 8B tX EITMIVE ❑ APPOINIni Till, Iorm I• for uac by any person Cer\ ing a t the count \. ill\, or Mille: local le \cl of gmernme11I (in all a relllle: I" :i;cIcJ hoora. council. commission, authority. or committee. It applic, equally to members of advisor' and non - advisory bodic, \s i.. are prcscmed 1\ith a lolinc conflict of interest under Section 112.3143. Florida Statutes. lour responsibilities under the la\\ when faced with a measure in \%high you have a conflict of interest \\ill vary greail% depending on "hcthcr you hold an elective or appointive position. For this reason, please pay close attention to the instructions on this term before comrlcling the re\ersc side and filing the form. i INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person iloldulg elccmc county. municipal. or other local public office \LUST ABSTAIN from voting on a mea.u:: 1\hich inure, to his special private gain. Each local officer also is prohibited from kno\\'ingly voting on a measure uhlch inure to the special gain of a rr:nclpal (other than a emernment aeency) by \ \'ham he i, retained. In either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly static. g to the assemble the nature of your interest in :he mcasurr or. \\high you are abstaining from voting: and WITHIN li DAYS AFTER THE VOTE OCCURS by completing and filing this form \with the person respomible for recording the minutes of the meeting, who should incorporate the form in the minutes. kPPOINTED OFFICERS: person holding appointive county, municipal, or other local public office MUST ABSTAIN from \otine on a measure \ 1hich ores to his special private gain. Each local officer also is prohibited from knowingly voting on a measure Mitch inures to the special gain of a principal (other than a government agency) by «horn he is retained. A person ho!dme an appointive local office otherwise may participate in a matter in which he has a conflict of interest, but must dl,close the nature of the conflict before making any attempt to Influence the decision by oral or \bitter Conlin till, ::,!ion, \\ilc:hcr made b\ the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • You should complete and file this form (before making any attempt to influence the decision) \with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • .A copy of the form should be provided immediately to the other members of the agency. • Tha rnrm should be read oublicly at the meeting prior to consideration of the matter in which you have n rnnfiicl of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and rite it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1. William F. Koch, Jr. , hereby disclose that on n fah, r F I qqS , 19 (a) A measure came or %ill come before my agency which (check one) muted to IM special prnate Lain; or with whom I had real esta x inured to the special gain of *•— x Mrs o t, rt 'a" a involvement (b) The measure before my agency and the nature of my interest in the measure is as follows: Mr. & MrsLelle are requesting a site plan approval to construct a single family dwelling and accessory structures at 3300 Polo Drive in Gulf Stream. The real estate firm that I am affiliated with participa in the sale of the property to Mr. & Mrs. Zelle. i n -t; —ns Date Filed Signature NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES $112.317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED 5500. FORM 813 MEMORANDUM OF VOTING CONFLICT FOR COUNTY, MUNICIPAL, AND OTHER LOCAL PUBLIC OFFICERS IIR,I\AMI WOOL %A MI \ASII 1IP 1111 .AHU.(I)IIN('ll..(I)MMISAio \, At '1 I I OR I ILI IN t MI M I I I II KOCH, WILLIAM F., JR. Town Commission II11 HOARU.('(lUN('II_('OMMISSIO \. Al :1 HUH 01 OR('IIMM II 111 a\ V All I %(- \VI)RI Inl'll 1 SI'RVF IS A VNII OF 545 Golfview Drive ac(1Ii o COUNTY ❑ OlIlER1.00A1 AGr \C1 CI n CODNI) ♦ AVIP Oh IY)I Il I('AI. Sl1HU1\'ISION Gulf Stream Florida 33483 Town of Gulf Stream .I1 O♦ Nmill %oil l)t't'1'RRrV MV POSIT ION IS: 10 -6 -95 EXEI.ErrIVE ❑ APPOINIM WHO MUST FILE FORM BB Thl, Iorm j, :,,r use be all person scn ing at the count N. cil'N, or Odle! local Joel of Cm'ernmem all ail pJII11C: I" ti:aed boxtl . council, commission. authorit \. or committee. It applic, equally to mcn,t ers of advisor\ and non- ad\isor, bodic, \1i'.., are pre,ented \kill, a violin,, conflict of interest under Section 112.3143. Florida Statutes. Your responsibilitics under the la\\ when faced with a measure in \% high you have a conflict of interest \kill \nr> gre:uly depending on whether Wu hold an elective or appointive position. For this reason, please pay close attention to the Insirucuon, on this form before completing the roerse side and filing the form. INSTRUCTIONS FOR COMPLIANCE WITH SECTION 112.3143, FLORIDA STATUTES ELECTED OFFICERS: A person holcling clectne count\. municipal. or other local public office MUST ABSTAIN from \cning on a n1Ca,u:, k\ high inure to his special private gain. Each local officer also is prohibited from knowingly voting on a measure a high inure to the special gain of a pr:nClpal (other than a cmernment agency) by \vhom he i, retained. In either case. you should disclose the conflict: PRIOR TO THE VOTE BEING TAKEN by publicly stating to the assembly the nature of your micresl in the measure or. \\high \ou are abstaining_ from voting; and WITHIN L DAYS AFTER THE VOTE OCCURS by completing and filing this form with the person respon,ibic for recording the minutes of the meeting. who should incorporate the form in the minutes. 1PPOINTED OFFICERS: kk person holding appointive count}', municipal, or other local public office MUST ABSTAIN from \onng on it measure \\high ,nures to his special private gain. Each local officer also is prohibited from knowingly voling on a measure "high inures to the special gain of a principal (other than a government agency) by \\hom he is retained. A person ho!dinp an appointive local office otherwise may participate in a matter in \%high he has a conflict of interest, but must disclose the nature of the conflict before making any attempt to Influence the decision by oral or o ritien comn,u Ili ::,:ion, made b\ the officer or at his direction. IF YOU INTEND TO MAKE ANY ATTEMPT TO INFLUENCE THE DECISION PRIOR TO THE MEETING AT WHICH THE VOTE WILL BE TAKEN: • lbu should complete and file this form (before making any attempt to influence the decision) with the person responsible for recording the minutes of the meeting, who will incorporate the form in the minutes. • A cop> of the form should be provided immediately to the other members of the agency. • Th- form 0nuld be read oublicly at the meeting prior to consideration of the matter in which you have a conf ici of interest. IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION AT THE MEETING: • You should disclose orally the nature of your conflict in the measure before participating. • You should complete the form and file it within 15 days after the vote occurs with the person responsible for recording the minutes of the meeting, who should incorporate the form in the minutes. DISCLOSURE OF LOCAL OFFICER'S INTEREST 1. William F. Koch, Jr. , hereby disclose that on (a) A measure came or will come before my agency which (check one) inured to m> special private gain; or x inured to the special gain of Paul Malnove October 6, 1995 19 with whom I had real estate dea , k�c }CJh2it`Ft�9�aYs+ {?eFa'Ft�if. (b) The measure before my agency and the nature of my interest in the measure is as follows: Mr. Paul Slattery, as agent for Mr. Paul Malnove, is requesting the removal of conditions that were attached to the approval for the division of a 2001 parcel of property in Gulf Stream. The real estate firm that I am affiliated with participated in the original sale of the property to Mr. Malnove. 10 -6 -95 Date Filed 1 � gnamre NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112317 (1985), A FAILURE TO MAKE ANY REQUIRED DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOWING: IMPEACHMENT. REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTION IN SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000. PUBLIC HEARING NOTICE IS HEREBY GIVEN that the Architectural Review and Planning Board of the Town of Gulf Stream will hold a Public Hearing on Wednesday, October 25, 1995 at 8:30 AM and the Town Commission, sitting as the Board of Adjustment, will hold a Public Hearing on Thursday, November 9, 1995 at 9:00 AM, both in the Commission Chambers at the Town Hall, 100 Sea Road, Gulf Stream, Florida, at which the following will be considered: An application submitted by Richard Mulhern, contract holder for a parcel of property owned by Tetrad Limited Partnership and described as Lot 4 of the Hidden Harbour Estates subdivision located in Section 9, Township 46 South, Range 43 East, requesting the following: 1. Approval of a Land Clearing Permit pursuant to Chapter 58 of the Town of Gulf Stream Code of Ordinances; 2. Approval of a Level 3 Architectural /Site Plan Review pursuant to Chapter 66, Article V.1. of the Town of Gulf Stream Code of Ordinances; and 3. Approval of the following Variances pursuant to Chapter 66, Article V.2. of the Town of Gulf Stream Code of Ordinances: a. A Variance of 10 feet from the required 35 foot front setback prescribed for principal structures (main house & guest house) in Article IV - Site Development Regulations, section H. Setbacks, of the Gulf Stream Design Manual; b. A Variance of 10 feet from the required 30 foot setback from water connected to the Intracoastal Waterway prescribed for principal structures (main house & guest house) in Article IV - Site Development Regulations, section H. Setbacks, of the Gulf Stream Design Manual; c. A Variance'of 19 feet from the required 50 foot side setback prescribed for principal structures (guest house) in Article IV - Site Development Regulations, section H. Setbacks, of the Gulf Stream Design Manual; and d. A Variance of 11 feet from the required 20 foot setback from water connected to the Intracoastal Waterway prescribed for accessory structures (pool) in Article IV - Site Lie Ve,upTent PCgulag• s , section r Setbacks, vt i the G-! f Stream, Design v 8i ia . to permit the construction of a 4- bedroom, 4 1/2 -bath home with a covered patio and a 4 -car garage and a 1- bedroom, 1 -bath guest house, that together contain 5,415 square feet of living area and 7,394 square feet of floor area under roof. Other proposed improvements include a pool /spa and deck, a dock and 4 dolphin pilings, and a circular driveway and service driveway. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the subject application at their respective meetings noticed above. These meetings may be adjourned from time to time and place to place as may be necessary to hear all parties and evidence. Complete application materials are on file in the Office of the Town Clerk located at 100 Sea Road, Gulf Stream, Florida 33483 and may be reviewed during regular business hours, which generally include non - holiday weekdays from 9:00 AM to 4:00 PM. ALL PARTIES INTERESTED IN THIS MATTER may appear before the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Stream at the times and place aforesaid and be heard. SHOULD ANY II I I EVES TED PAPPI Y SEEK TO AFPEAL ANY DECISION MADE BY THE ARCH- ITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION WITH RESPECT TO ANY MATTER CONSIDERED AT THESE MEETINGS, SAID PARTY WILL NEED A RECORD OF THESE PROCEEDINGS, AND FOR SUCH PURPOSE, MAY NEED TO ENSURE THAT A VERBATIM RECORD OF THE PROCEEDINGS IS MADE, WHICH RECORD INCLUDES THE TESTIMONY AND EVIDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S. Dated: October 6, 1995 Publish: Palm Beach Bost Publication Dates: October 18, 1995 October 25, 1995 November 4, 1995 Town of Gulf Stream, Florida �.(, Rita L. Taylor, Town C/ lerk 1� THE PALM BEACH POST West PalPublished ea h Palm Beach Couny. ty. Florida PROOF OF PUBLICATION STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authorst�(�3ersonall Chris Bull who on oath says that she /he is L FnS Advwred a daily and Sunday newspaper published at West Palm Beach in Pe Palm Beach Post, Florida; that the attached copy of advertising, being Notice mBeachCounty, In the matter of Public Hearing 10 5 In the - -- y y the issues of Court , was published in said newspaper in AIIlant further says that the said The Post is a newspaper published at West palm Be ch, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Heath County, Florida, dailyand Sunday and has been entered as second class snail matterat the post office in West Palm Beach, !n said palm Beach County, Florida, fora period of one year next preceding the first publication of the attached copy of advertisement; and afiiant further says that she /he has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the p u rpose of securing this advertisement for publication in the said newspaper - Sworn to and subscribed before me this November VFFICIA' � N day of oTARrseAL A.D. Is 95 VOTARY PUBLIC STATE O FLORIDA :)n IU��� n C0.% ISSIOI NO. CC240480 Karen M. McIdnto , No Public �1Y CUM, ISSION Q(p_ NOV, 15.1996 Personally known XX or Produced Identification Type of Identification Produced 11558) NOTICE f the T bald a be, 25, 1995 at Bi30 AM and the Tor„ I.— .... _ - Of 9:00 AM, both In the Cal mission Chambers at It Town Halt, 1D0 Sae Road, Gs Stream, Florida, at which it following will be cOhsidarad: An application submitted i Richard Mulhern, contra, hold., far a parcel of proparl caned by rated Limited Par n.rahip and described as Lc 4 01 the Hmn... u..._..- ._ 1011awing: rear, requesting the I. Approval of a Lend Clearing Permit Pursuant to Chapter 58 of the Town of Gulf Si Cade of Ormnahca.: 2. Approval of Leval 3 Acid. factual, Site Plan Review pur- suant to Chapter 58, Article V.1. OI the Town of Gull Stream Code of Ordinance.; end D. Approval of the following Chapter 116, Article pursuant a Chapter B8, Stream V.2 of Iba Town of ..3 Stream Coea of Ordl- nancee: the A Variance al fact leaf Nom the required s Prescribed foot Irani ipal back ( for ave. al guest structures (main house 8 Silo velop In R.guts IV - SNe Development ee9ulof tin , Gulf Si H. Seat,. M of iM Gull Stream Oadgn Manuel; Is. A Variance of 10 feet from eM required 30 foot setback from water connected to the Intracoastal Waterway p , scribed far principal stroc. n .... I In Article IV - Site De- velopment Regulations, sec. than H. Setbacks, or the Gull Stream Design Manual; c. A Variance of to feel Irnm Regulations, section H. Sel- becln, of the Gull Steam De- alg, Manual; and d. A Variance of 11 feet from ih. required 20 foot setback tram water connected to the Intracoastal Waterway pre. scribed for accessary struc. tures (pool) In Article IV - Site Development Regulations, section H. Setbacks, of the Gull Stream Design Manual. to permit the construction of a 4- bedroom, 4 1 2 -bath home with a covered patio and a a. car garage and a 1- bedraom, I bath guest house, that to. gether contain 5.415 square feet Of living area and 7,394 square feel Of floor area on. der root Other proposed In- provemenls Include a pooH spa and deck, a dock and 4 dolphin pilings, and a circular driveway and service drive- way. The Architectural Review and Planning Board shall make a recommendation to the Town Commission, and the Town Commission shall make a final decision regarding the sObject application at their respective maatlnes noticed above. These meetings may be ad. lourned from time to time and place to place as may be nec. essary to hear all parties and evidence. CamPlete application malarl- Bis are on file In the Office of the Town Clerk located at 100 Jea R:od, Gull Stream, FlorF viewed during regular �buc4 nags hours, which generally include non - holiday weekdays from 9:00 AM to 4:00 PM. ALL PARTIES INTERESTED IN THIS MATTER May appear be- fore the Architectural Review and Planning Board and the Town Commission of the Town of Gulf Streem at the times and place afarasaid and be heard. SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE AR- I AT THESE MEET. LID PARTY WILL NEED 'RD OF THESE PRO - 3S, AND FOR SUCH E, MAY NEED TO EN. IAT A VERBATIM RE- F THE PROCEEDINGS WHICH. RECORD IW THE TESTIMONY AND :E UPON WHICH THE IS TO BE BASED. i, F.S. Gulf Stream, Florida .Via,. Town Clark .lobar 5, 1895 Palm Beach Post 18, 25, November 4.