HomeMy Public PortalAbout03/24/1993PUBLIC 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,
March 24, 1993 at 9:00 A.M. and the Town Commission, sitting as the Board
of Adjustment, will hold a Public Hearing on Monday, April 12, 1993 at
9:00 A.M., 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 Samuel Ogren, Jr., 1117 Lake Drive,
Delray Beach, F1., as Agent for Donald C. McGraw, Jr., 1330 N. Ocean
J Blvd., Gulf Stream, F1. 33483 requesting a variance from the
provisions of the Code of Ordinances of the Town of Gulf
Stream to permit construction at 1330 N. Ocean Blvd. as follows:
A. Chapter 66; ZONING, Article VI; DISTRICT REGULATIONS, Division
2.; RS SINGLE-FAMILY RESIDENTIAL DISTRICT, Section 66-204,
Rear yard required to permit construction of a cloister
that would extend seven and eighty two one hundreths (7.82)
feet into the required twenty seven and eighty two one
hundreths (27.82) foot rear yard setback.
B. Chapter 66; ZONING, Article VI; DISTRICT REGULATIONS, Division
2.; RS SINGLE-FAMILY RESIDENTIAL DISTRICT, Section 66-207,
Roof limitations to permit construction of a cloister with
a flat roof which, together with the existing flat roof area
of the residence, would exceed the maximum six hundred forty
and three tenths (640.3) square foot flat roof area permitted
by five hundred eighty and seven tenths (580.7) square feet.
ALL PERSONS INTERESTED in these matters may appear before the
Architectural Review and Planning Board and the Town Commission, sitting as
the Board of Adjustment, of the Town of Gulf Stream at the times and place
aforesaid and be heard.
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD OR THE TOWN COMMISSION, SITTING AS
THE BOARD OF ADJUSTMENT, WITH RESPECT TO ANY MATTER CONSIDERED AT THESE
PUBLIC HEARINGS, 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.
Dated:
March
9, 1993
TOWN OF GULF STREAM, FLORIDA
Publish:
' Publication Date:
Palm Beach Post
March 17, 1993
/RevMarch
28, 1993
April
4, 1993
' Rita L. Taylor,own Clerk
THIS NOTICE IS PUBLISHED
PURSUANT TO
THE TOWN OF GULF STREAM CODE OF
ORDINANCES AND IS
POSTED
AT THE GULF
STREAM TOWN HALL IN A CONSPICUOUS
LOCATION OUTSIDE
THE FRONT DOOR.
THE PALM BEACH POST
Published Daily and Sunday
West Palm Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
STATE OF FLORIDA
COUNTY OF PALM BEACH
Before the undersigned authority personally appeared Chris Bull
who on oath says that she/he is Class . Sales Mgr. of The Palm Beach Post,
a daily and Sunday newspaper published at West Palm Beach in Palm Beach County,
Florida; that the attached copy of advertising, being a Notice
in the matter of planning hrd- mppf-ing
in the --- Court, was published in said newspaper in
the Issues of March 17, 28, April 4, 1993
Affiant further says that the said The Post is a newspaper published at West Palm Beach,
In said Palm Beach County, Florida, and that the said newspaper has heretofore been
continuously published in said Palm Beach County, Florida, daily and Sunday and has been
entered as second class ,nail matter at the post office in West Palm Beach, in said Palm Beach
County. Florida, for a period of one year next preceding the first publication of the attached
copy of advertisement: and affiant further says that she/he has neither paid nor promised
any person, firm or corporation any discount. rebate. commission or refund for the purpose
of securing this advertisement for publication in the sat ewspaper.Cj
0
l
S4om CpiM d',sttbpgr* this 5 day of April A D 19 93
wi r L
Cr r f + •' L
!CI
Karen M. McLinton, Notary Public
Personally known XX or Produced Identification
Type of Identification Produced
NO. 62TalB
PUBLIC HEARING
NOTICE IS HEREBY GIVEN that
Via Architectural Rerfew and
Planning Board of the Town of
Gulf Steam will hoM a Is go
Nearing on WetlneWay, March
2e, 1BBJ el 9.90 A.M. end Na
Town and of Adjustment.
a.
Ma Board of Hearing On
will
day,orold a PHI 12. Hearing on Moo-
00
N.M. Aoth In
1BCJ m cion
Me bath at the Commission
Chamban o the if Si Hell,
100 Su Road, Gull Steam,
Florida atwhich time the IOF
jawing wilit l los con submitted
An Samuel
u.,U. 1117by
Samuel Ogren, Jr..., 111' Lake
Odea, Basch, Ru
,
AgDonald C. McGraw,
Jr., 1330or 1330 IL Ocun Bled, Gull
ng
Stream, valiance rom provision
etheC from Na provision
oI
the Code of Gulf
SU... of
Ula Town at Gulf Stream to
permit Blvd., o fol ats: N.
A. Chapter 68; ZONING, ArticleIONS.
Di DISTRICT REGULATIONS,
RESIDENTIAL
TI RS SINGLE-FAMILY
RESIDENTIAL DISTRICT, Seo
tion 88•204, Pur yard re-
gulled
o-Oufr•e to permit would
Of a cl and a that tooth utau
cso,imhwhi end eighty two one hu.
quite. pent) bat Into d . r 1
to. Manly .aeon entl elphl
Mo one hundredth (27.82) '
Sec.
to Permit cuatruc0cn of e
closishrr with a Ml roof
which• together with the ..let -
Ing flat roof was of the rid-
dance, would ..ase the ...1 -
mum eta hundred forty and
three both. (010.3) square
loot flat roof ens permitted
by five hundred eighty and
.even tenth. (DOM square
bat.
ALL PERSONS INTERESTED In
tMae mattersmay appear be,
fors, the Architectural Review
and Planning Boats well the
Town Comml.elon, Wang all
the Board of Adjustment. al
Me Town of GW Steam at Me
time. and Place eforeuld end
be heard.
SHOULD ANY INTERESTED
PARTY SEEN TO APPEAL ANY
DECISION MADE BY THE AR-
CHITECTURAL REVIEW AND
PLANNING BOARD OF THE
TOWN COMMISSION, SITTING
AS THE BOARD OF ADJUST-
MENT, WITH RESPECT TO
ANY MATTER CONSIDERED AT
THESE PUBLIC HEARINGS,
SAID PARTY WILL NEED A RE-
CORD OF THE PROCEEDINGS,
AND FOR SUCH PURPOSE,
MAY NEED TO INSURE THAT A
VERBATIM RECORD OF THE
PROCEEDINGS IS MADE,
WHICH RECORD INCLUDES
THE TESTMONY AND EVI-
DENCE UPON WHICH THE AP.
PEAL IS TO BE BASED.
206.0105, F.S.S.
Dated March B, 11193
TOWN OF GULF STREAM,
FLORIDA
Rita L Taylor, Town Clark
THIS NOTICE IS PUBLISHED
PURSUANT TO THE TOWN OF
GULF STREAM CODE OF OR-
DINANCES AND IS POSTED AT
THE GULF STREAM TOWN
PUB: The Palm Bosch Poet
March 17, 211, APNI a, HISS
NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
Mr. Delma W. Swilley of Del Swilley, Inc. as agent for Mr. Christopher
R. Rodgers, the owner of real property located at 555 Palm Way, Gulf
Stream, Florida 33483 has submitted an application for a Site Plan
Review to permit the construction of a fourteen (14) foot wide asphalt
circular driveway on said property. Complete application materials are
on file with the Town of Gulf Stream Planning and Building Department
located at 100 Sea Road, Gulf Stream, Florida 33483 and may be inspected
during regular business hours which generally include non -holiday week-
days from 9:00 A.M. to 4:00 P.M.
The Town of Gulf Stream Architectural Review and Planning Board will
consider the subject application at its meeting on March 24, 1993 at
9:00 A.M. in the Commission Chambers in the Gulf Stream Town Hall located
at 100 Sea Road, Gulf Stream, Florida 33483 and shall make a recommendation
to the Town Commission regarding the subject application. Said meeting
may be adjourned from time to time and place to place as may be necessary
to hear all parties and evidence.
The Town of Gulf Stream Town Commission will consider the subject
application at its meeting on April 12, 1993, at 9:00 A.M., in the Com-
mission Chambers in the Gulf Stream Town Hall located at 100 Sea Road,
Gulf Stream, Florida 33483 and shall make a final decision regarding the
subject application. Said meeting may be adjourned from time to time
and place to place as necessary to hear all parties and evidence.
All persons interested in this matter may appear before the Architectural
Review and Planning Board and Town Commission of the Town of Gulf Stream
at the times and place aforesaid and be heard.
Should any interested party seek to appeal any decision made by the
Architectural Review and Planning Board or Town Commission with respect
to any matter considered at these public hearings, 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.
Dated: March 5, 1993
TOWN OF GULF STREAM, FLORIDA
Rita L. Taylor �7 ` =�
Town Clerk /;/
NOTICE OF APPLICATION FOR DEVELOPMENT APPROVAL
Mr. Michael Bryant of B.K. Marine Construction, Inc. as agent for
Eleanor Meyer, the owner of real property located at 530 Old School
Road, Gulf Stream, Florida has submitted an application for a Site Plan
Approval to permit construction of a dock and one dolphin pile on
(, said property. The subject dock and dolphin pile am proposed to consist
of precast concrete piles,with the lumber being pressure treated southern
pine, and will be five (5) feet wide by twenty (20) feet long. The
proposed dock will be located forty (40) feet from each side lot line
and the dolphin pile will be located a distance of twenty five (25) feet
from the seawall. Complete application materials are on file with the
Town of Gulf Stream Planning and Building Department located at 100 Sea
Road, Gulf Stream, Florida 33483 and may be inspected during regular
business hours which generally include non -holiday weekdays from 9:00 A.M.
to 4:00 P.M.
The Town of Gulf Stream Architectural Review and Planning Board will
consider the subject application at its meeting on March 24, 1993, at 9:00
A.M., in the Commission Chambers in the Gulf Stream Town Hall located at
100 Sea Road, Gulf Stream, Florida 33483 and shall make a recommendation
to the Town Commission regarding the subject application. Said meeting
may be adjourned from time to time and place to place as may be necessary
to hear all parties and evidence.
The Town of Gulf Stream Town Commission will consider the subject
application at its meeting on April 12, 1993, at 9:00 A.M., in the Com-
mission Chambers in the Gulf Stream Town Hall located at 100 Sea Road,
Gulf Stream, Florida 33483 and shall make a final decision regarding the
subject application. Said meeting may be adjourned from time to time and
place to place as necessary to hear all parties and evidence.
All persons interested in this matter may appear before the Architectural
Review and Planning Board and Town Commission of the Town of Gulf Stream
at the times and place aforesaid and be heard.
Should any interested party seek to appeal any decision made by the
Architectural Review and Planning Board or Town Commission with respect to
any matter considered at these public hearings, 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
Dated: March 5, 1993
TOWN OF GULF STREAM,/FLORIDA
Rita L. Taylor //
Town Clerk 7/
CHAIRMAN:
VICE CHAIRMAN
BOARD MEMBER
ALTERNATE MEMBER:
Joan Orthwein
William Lynch
Donald McGraw, Jr.
Samuel Ogren, Jr.
Susanna Souder
Betsy S. Hvide
R. W. Hopkins
March 19, 1993
REGULAR MEETING AND PUBLIC HEARING BEING HELD BY THE ARCHITECTURAL REVIEW
AND PLANNING BOARD OF THE TOWN OF GULF STREAM, FLORIDA ON MARCH 24, 1993
AT 9:00 A.M. IN THE TOWN HALL OF GULF STREAM, 100 SEA ROAD, GULF STREAM,
FLORIDA.
AGENDA
I. Call to Order
II. Roll Call
III. Minutes of the Regular Meeting of February 24, 1993.
IV. Additions, withdrawals, deferrals, arrangement of agenda items.
V. PUBLIC HEARING
A. Variances
1. Samuel Ogren, Jr., Agent for Donald C. McGraw, Jr., 1330
N. Ocean Blvd., Gulf Stream, Fl. 33483
a. Construction of a cloister that would extend 7.82'
into the required 27.82' rear yard setback adjacent
to the Intracoastal Waterway.
b. Construction of a cloister with a flat roof which,
together with the existing flat roof area of the
residence, would exceed the maximum 640.3 sq. ft. flat
roof area permitted by 580.7 sq. ft.
VI. Site Plan Review
A. Samuel Ogren, Jr., Agent for Donald C. McGraw, Jr., 1330 N.
Ocean Blvd., Gulf -Stream, Fl. 33483 -Construction of a cloister
on the west side of the property.
B. Michael Bryant, B.K. Marine Construction, Inc., Agent for
Eleanor Meyer, 530 Old School Road, Gulf Stream, F1. 33483 -
Construction of a dock and one dolphin piling.
-- C. Delma W. Swilley, Del Swilley, Inc., Agent for Christopher R.
Rodgers, 555 Palm Way, Gulf Stream, F1. 33483 -Installation of
an asphalt circular driveway.
VII. Items by Staff
A. Construction in Progress Report for February, 1993.
VIII. Items by Board Members
IX. Public
X. Adjournment
SHOULD ANY INTERESTED PARTY SEEK TO APPEAL ANY DECISION MADE BY THE
ARCHITECTURAL REVIEW AND PLANNING BOARD WITH RESPECT TO ANY MATTER
CONSIDERED AT THIS MEETING AND PUBLIC HEARING, 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
E4iDENCE UPON WHICH THE APPEAL IS TO BE BASED. 286.0105, F.S.S.
REGULAR MEETING AND PUBLIC HEARING OF THE ARCHITECTURAL REVIEW AND PLANNING
BOARD OF THE TOWN OF GULF STREAM, FLORIDA HELD ON WEDNESDAY, MARCH 24, 1993
AT 9:00 A.M. IN THE TOWN HALL, 100 SEA ROAD, GULF STREAM, FLORIDA.
I. Call to Order The meeting was called to order at 9:00 A.M. by the
Chairman, Joan Orthwein.
II. Roll Call
Present and
Participating:
Absent (applicant)
Absent (agent)
Absent with notice
Also Present and
Participating:
Joan Orthwein
William Lynch
Susanna Souder
R. W. Hopkins
Donald McGraw, Jr
Samuel Ogren, Jr.
Betsy Hvide
Scott Harrington
John Randolph
Rita Taylor
Donald McGraw,Jr.
Samuel Ogren, Jr.
Michael Bryant
Christopher Rodgers
Paul Swilley
Gertrude Skelley
Chairman
Vice Chairman
Board Member
Alternate Board Member
Board Member
Board Member
Alternate Board Member
Town Manager
Town Attorney
Town Clerk
Applicant
Agent for Mr. McGraw
Agent for Mrs. Meyer
Applicant
Agent for Mr. Rodgers
Town Resident
III. Minutes of the Regular Meeting of February 24, 1993
Mr. Lynch moved and Mrs. Souder seconded that the minutes be approved
as circulated. Roll Call: Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Hopkins;
AYE, and Chairman Orthwein; AYE.
IV. Additions, withdrawals
There were no chances
deferrals
items.
V. PUBLIC HEARING
A. Variances
1. Samuel Ogren, Jr., Agent for Donald C. McGraw, Jr. 1330 N.
Ocean Blvd., Gulf Stream, F1. 33483
a. Construction of a cloister that would extend 7.82' into
the required 27.82' rear yard setback adjacent to the
Intracoastal Waterway.
Mr. McGraw presered a photograph showing the present pool screen enclosure
on the property and a rendering of the proposed cloister. He explained
Othat the screen enclosure gave the appearance of a bird cage and by installin
the columns, the two wings of the house would be tied together but yet
not give the appearance of closing in the pool. Mr. McGraw added that there
would be a glass enclosure between the columns of a height that would meet
the code requirements for fencing a swimming pool. He pointed out that
the existing screen enclosure already encroaches 2.7' into the required
setback and he is actually asking for only an additional 5' encroachment.
The 5' encroachment applies only to a small portion of the cloister, not
the entire length of the improvement, due to the curve, he said. Mr. McGraw
closed by pointing out that there are no immediate neighbors to his property
in this area due to the pool facing the Intracoastal Waterway and the yacht
basin being to the north and the proposed cloister replacing the screen
enclosure would improve the appearance of the property and the neighborhood.
Architectural Review and Planning Board
Regular Meeting & Public Hearing, March 24, 1993 page 2
Mr. Lynch noted that the Town Manager had recommended that only a variance
of 2.82' be granted and asked that he explain his reasons for this.
Town Manager Harrington explained that one of the variance criteria in the
code is that the variance be the minimum necessary to make possible the
reasonable use of the land. He believed reasonable use can be achieved with
a maximum variance of 2.821, a setback of 25' which is the same setback as
Oof the existing screen enclosure. He stated that this can be achieved
either by reducing the width of the cloister or by moving it closer to the
pool.
Mr. Ogren advised that he and Mr. Harrington had worked with this problem
in an effort to avoid requesting a variance of this size but that after
reviewing the Town Manager§ suggestions, he and Mr. McGraw had decided that
the columns would be too close to the pool coping, not allowing sufficient
clearance to move freely around the edge of the pool.
Chairman Orthwein asked the applicant what hardship is demonstrated here.
Mr. Ogren replied that the property is unique in that there are no immediate
neighbors in the area of the variance request and the architectural improve-
ment will greatly enhance the appearance of the property and the neighborhood
Mrs. Souder, Mr. Lynch, Mr. Hopkins, and Chairman Orthwein, in separtate
statements, agreed that this is a unique location in that there are no
immediate neighbors and that the extra 5' variance requested only involves
a small portion of the entire improvement. They further agreed that the
architecture is very pleasing.
Mr. Lynch, after having determined that there have been no objections
received regarding this request, moved to recommend to the Town Commission,
sitting as the Board of Adjustment, that the request for a variance to
permit the construction of a cloister that would extend 7.82'into the
required 27.82' rear yard setback adjacent to the Intracoastal Waterway
be granted due to the unique location and there being no immediate neighbors
in the area of the improvement provided that a recorded deed restriction
prohibiting any additional enclosure is executed and -the glasswall is 5' high;
seconded by Ws Souder. Roll Call: Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Hopkins;
AYE; and Chairman Orthwein; AYE.
b. Construction of a cloister with a flat roof which,
together with the existing flat roof area of the
residence, would exceed the maximum 640.3 sq. ft. flat
roof area permitted by 580.7 sq. ft.
Members of the Board believed the uniqueness of the location of the property
and the fact that this flat roof area is not being added to the dwelling
itself, justifies the granting of the vabiance_request.
Mr. Lynch moved and Mrs. Souder seconded that it be recommended to the Town
Commission, sitting as the Board of Adjustment,that a variance be granted
to permit the construction of a cloister with a flat roof which, together
with the exiEting flat roof area of the residence, exceedes the maximum
permitted by 580.7 sq. ft. Roll Call: Mrs. Souder; AYE, Mr. Lynch; AYE,
Mr. Hopkins; AYE, and Chairman Orthwein; AYE.
VI. Site Plan Review
Architectural Review and Planning Board
Regular Meeting & Public Hearing, March 24, 1993 page 3
A. Samuel, Ogren, Jr., Agent for Donald C. McGraw, Jr., 1330 N.
Ocean Blvd., Gulf Stream, F1. 33483 -Construction of a cloister
on the west side of the property.
Mr. Lynch moved and Mrs. Souder seconded that it be recommended to the Town
Commission that the site plan be approved as presented. Roll Call: Mrs.
Souder; AYE, Mr. Lynch; AYE, Mr. Hopkins; AYE, and Chairman Orthwein; AYE.
^ B. Michael Bryant, B.K. Marine Construction, Inc., Agent for
(J1 Eleanor Meyer, 530 Old School Road, Gulf Stream, F1. 33483 -
Construction of a dock and one dolphin piling.
Mr. Michael Bryant explained there is no dock at this residence and the
applicant proposes to construct a wooden dock 5' wide by 20' in length
and to install one dolphin pile 25' from the bulkhead and 40 feet from
the west property line. The dock would be setback 40' from each side
property line, he said.
Mr. Lynch moved and Mrs. Souder seconded that site plan approval
as requested, be recommended to the Town Commission. Roll Call: Mrs. Souder;
AYE, Mr. Lynch; AYE, Mr. Hopkins; AYE, and Chairman Orthwein; AYE.
C. Delma W. Swilley, Del Swilley, Inc., Agent for Christopher R.
Rodgers, 555 Palm Way, Gulf Stream, F1. 33483 -Installation of
an asphalt circular driveway.
Paul Swilley of Del Swilley, Inc. as agent for Mr. Rodgers, advised that
the applicant is requesting permission to construct a circular driveway
on the west side of his property in order to be able to park vehicles off
Palm Way and have cars closer to the front entrance of the dwelling. He
pointed out the: entry to the garage is from the south side of the property,
this being a corner lot. Mrs. Orthwein noted that there is a strip of
asphalt on the right-of-way on the west side of Mr. Rodgers property which
is now used for parking. She questioned if Mr. Rodgers would be willing
to remove this if a circular driveway were to be permitted. Mr. Rodgers
stated he would be agreeable to this as it is not wide enough to park a
vehicle and still be totally clear of Palm Way.
Miss.. Gerturde Skelly, 566 Palm Way, asked to speak regarding this matter.
She stated that she lived across the street from this proposed driveway and
she was opposed to it being permitted. She felt another driveway off Palm
Way was unnecessary, citing the fact that this house had been there for
a number of years and did very well without a circular driveway. She stated
that she had been inconvenienced all season with workers at this residence
using her driveway and disturbing the quiet atmosphere of the neighborhood
and felt there should be no more disturbance. She added that vehicles could
turn around at the end of the street, making the circular driveway unnecessar
Mr. Swilley stated that he was not aware that any of his workers had been
using Miss. Skelly's drivway and assured her that had he known, he would have
corrected the problem. He further advised that there is not room to turn-
around at the end of the street without backing up.
Mrs. Souder stated that she can sympathize with Miss. Skelly as there have
been two large houses under construction on her street for the past two
seasons. She added, however, that these interruptions are unavoidable
when construction is in progress. She then asked Mr. Swilley how long the
driveway installation would take. He advised possibly only one week, but
three weeks at the most.
Architectural Review and Planning Board
Regular Meeting & Public Hearing, March 24, 1993
page 4
Chairman Orthwein advised she lives in the neighborhood and she suggested
to Mi $.Skelly that if Mr. Rodgers had the circular driveway, there would
be less parking and traffic in front of her house as the vehicles would
be on Mr. Rodgers property.
Mr. Hopkins questioned if it would be necessary to remove landscape material
^ to accomodate the driveway. He was advised that while it may be necessary
�) to relocate some, there will be extra added.
Mr. Lynch moved that it be recommended to the Town Commission that the site
plan be approved to permit a circular driveway provided every effort is made
to complete the installation within 1 week, landscape material is installed,
and the paved parking area that exists in the right-of-way is removed and
the area landscaped. The motion was seconded by Mr. Hopkins. Roll Call:
Mrs. Souder; AYE, Mr. Lynch; AYE, Mr. Hopkins; AYE, and Chairman Orthwein;AYE
VII. Items by Staff
A. Construction in Progress Report for February, 1993.
The Construction in Progress Report revealed there to be $6,706,410 worth of
construction in progress during the month of February, 1993.
VIII. Items by Board Members
Mrs. Souder questioned if the provisions to regulate the permitted
times of construction had been eliminated from the Code. Mr. Harrington
advised that they had, but that the Commission will be addressing this
matter at their April 12, 1993 meeting.
IX. Public
There was no comment from the public.
X. Adjournment
Chairman Orthwein adjourned the meeting at 10:20 A.M. following a
motion to do so by Mr. Lynch which was seconded by Mrs. Souder with all
voting in the affirmative.
Rita L. Taylor, own Clerk
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t h e u s e o f t h i s p a r t i c u l a r f o r m i s n o t r e q u i r e d b y l a w , y o u a r e e n c o u r a g e d t o u s e i t i n m a k i n g t h e d i s c l o s u r e r e q u i r e d b y l a w .
Y o u r r e s p o n s i b i l i t i e s u n d e r t h e l a w w h e n f a c e d w i t h a m e a s u r e i n w h i c h y o u h a v e a c o n f l i c t o f i n t e r e s t w i l l v a r y g r e a t l y d e p e n d i n g
o n w h e t h e r y o u h o l d a n e l e c t i v e o r a p p o i n t i v e p o s i t i o n . F o r t h i s r e a s o n , p l e a s e p a y c l o s e a t t e n t i o n t o t h e i n s t r u c t i o n s o n t h i s f o r m
b e f o r e c o m p l e t i n g t h e r e v e r s e s i d e a n d f i l i n g t h e f o r m .
I N S T R U C T I O N S F O R C O M P L I A N C E W I T H S E C T I O N 1 1 2 . 3 1 4 3 , F L O R I D A S T A T U T E S
E L E C T E D O F F I C E R S :
p e r s o n h o l d i n g e l e c t i v e c o u n t y , m u n i c i p a l , o r o t h e r l o c a l p u b l i c o f f i c e M U S T A B S T A I N f r o m v o t i n g o n a m e a s u r e w h i c h i n u r e s
t o h i s s p e c i a l p r i v a t e g a i n . E a c h l o c a l o f f i c e r a l s o i s p r o h i b i t e d f r o m k n o w i n g l y v o t i n g o n a m e a s u r e w h i c h i n u r e s t o t h e s p e c i a l
g a i n o f a p r i n c i p a l ( o t h e r t h a n a g o v e r n m e n t a g e n c y ) b y w h o m h e i s r e t a i n e d .
I n e i t h e r c a s e , y o u s h o u l d d i s c l o s e t h e c o n f l i c t :
I
j P R I O R T O T H E V O T E B E I N G T A K E N b y p u b l i c l y s t a t i n g t o t h e a s s e m b l y t h e n a t u r e o f y o u r i n t e r e s t i n t h e m e a s u r e o n
W h i c h y o u a r e a b s t a i n i n g f r o m v o t i n g ; a n d
W I T H I N 1 5 D A Y S A F T E R T H E V O T E O C C U R S b y c o m p l e t i n g a n d f i l i n g t h i s f o r m w i t h t h e p e r s o n r e s p o n s i b l e f o r r e c o r d i n g
t h e m i n u t e s o f t h e m e e t i n g , w h o s h o u l d i n c o r p o r a t e t h e f o r m i n t h e m i n u t e s .
A P P O I N T E D O F F I C E R S :
A p e r s o n h o l d i n g a p p o i n t i v e c o u n t y , m u n i c i p a l , o r o t h e r l o c a l p u b l i c o f f i c e M U S T A B S T A I N f r o m v o t i n g o n a m e a s u r e w h i c h
i n u r e s t o h i s s p e c i a l p r i v a t e g a i n . E a c h l o c a l o f f i c e r a l s o i s p r o h i b i t e d f r o m k n o w i n g l y v o t i n g o n a m e a s u r e w h i c h i n u r e s t o t h e
s p e c i a l g a i n o f a p r i n c i p a l ( o t h e r t h a n a g o v e r n m e n t a g e n c y ) b y w h o m h e i s r e t a i n e d .
p e r s o n h o l d i n g a n a p p o i n t i v e l o c a l o f f i c e o t h e r w i s e m a y p a r t i c i p a t e i n a m a t t e r i n w h i c h h e h a s a c o n f l i c t o f i n t e r e s t , b u t m u s t
d i s c l o s e t h e n a t u r e o f t h e c o n f l i c t b e f o r e m a k i n g a n y a t t e m p t t o i n f l u e n c e t h e d e c i s i o n b y o r a l o r w r i t t e n c o m m u n i c a t i o n , w h e t h e r
m a d e b y t h e o f f i c e r o r a t h i s d i r e c t i o n .
I 1 Y O U I N T E N D T O M A K E A N Y A T T E M P T T O I N F L U E N C E T H E D E C I S I O N P R I O R T O T H E M E E T I N G A T W H I C H
T H E V O T E W I L L B E T A K E N :
" Y o u s h o u l d c o m p l e t e a n d f i l e t h i s f o r m ( b e f o r e m a k i n g a n y a t t e m p t t o i n f l u e n c e t h e d e c i s i o n ) w i t h t h e p e r s o n r e s p o n s i b l e f o r
r e c o r d i n g t h e m i n u t e s o f t h e m e e t i n g , w h o w i l l i n c o r p o r a t e t h e f o r m i n t h e m i n u t e s .
" A c o p y o f t h e f o r m s h o u l d b e p r o v i d e d i m m e d i a t e l y t o t h e o t h e r m e m b e r s o f t h e a g e n c y .
" T h e f o r m s h o u l d b e r e a d p u b l i c l y a t t h e m e e t i n g p r i o r t o c o n s i d e r a t i o n o f t h e m a t t e r i n w h i c h y o u h a v e a c o n f l i c t o f i n t e r e s t .
- 1 3 l u p . P A G N ��
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE 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 minu
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF STATE OFFICER'S INTEREST
( Samuel Daren, 7r hereby disclose that on M@rGb 24. i993 19
(a) A measure came or will come before my agency which (check one)
X inured to my special private gain; or
inured to the special gain of
(b) The measure before my agency and the nature of my interest in the measure is as follows:
, by whom I am retain
I acted as Agent for Donald McGraw in the request for a variance and
site plan review to permit the construction of a cloister at his residence
which would encroach into the required setback area. I am the architect
for this project and.did not sit as a member of the Architectural Review
and Planning Board at this meeting.
March 24, 1993
CALI
Date Filed Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUL
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOW'
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTIO,
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
CE FORM 8n - 10 96
�% \ / �% a w s V Y w w �%m �% �� w . ��
C O U N T Y , M U N I C I P A L , A N D O T H E R L O C A L P U B L I C O F F I C E R S
I " ' . , I N A N I L F I R S T N A M E M I D D L
M c G r a w , D o n a l d
M A I L I N G : \ D U R E S S
1 3 3 0 N o r t h O c e a
I n
G u l f S t r e a m
U > I I o N t % N I C H % o r u O C C U R R E D
M a r c h 2 4 , 1 9 9 3
C
N A M E O F B O A R D , C O U N C I L , C O M M I S S I U N , A U 1 H I M I T . U n
A r c h i t e c t u r a l R e v i e w
' r H E B O A R D , C O U N C I L . C O M M I S S I O N , A U T H O R I T Y . O R C O M M I T T E E O N
W H I C H 1 S E R V E I S A U N I T O F :
' g C I T Y C O U N T Y I ' O T H E R L O C A L A G E N C Y
T o w n o f G u l f S t r e a m
N I ) 1 1 O S I ' I I O N I S :
E L E C T I V E ��, A V P O I N ' I ' I V E
W H O M U S T F I L E F O R M 8 2 1
I h i s f o r m i s f o r u s e b y a n y p e r s o n s e r v i n g a t t h e c o u n t y , c i t y , o r o t h e r l o c a l l e v e l o f g o v e r n m e n t o n a n a p p o i n t e d o r e l e c t e d b o a r d ,
c o u n c i l , c o m m i s s i o n , a u t h o r i t y , o r c o m m i t t e e . I t a p p l i e s e q u a l l y t o m e m b e r s o f a d v i s o r y a n d n o n - a d v i s o r y b o d i e s w h o a r e p r e s e n t e d
w i t h a v o t i n g c o n f l i c t o f i n t e r e s t u n d e r S e c t i o n 1 1 2 . 3 1 4 3 , F l o r i d a S t a t u t e s . T h e r e q u i r e m e n t s o f t h i s l a w a r e m a n d a t o r y ; a l t h o u g h
t h e u s e o f t h i s p a r t i c u l a r f o r m i s n o t r e q u i r e d b y l a w , y o u a r e e n c o u r a g e d t o u s e i t i n m a k i n g t h e d i s c l o s u r e r e q u i r e d b y l a w .
Y o u r r e s p o n s i b i l i t i e s u n d e r t h e l a w w h e n f a c e d w i t h a m e a s u r e i n w h i c h y o u h a v e a c o n f l i c t o f i n t e r e s t w i l l v a r y g r e a t l y d e p e n d i n g
o n w h e t h e r y o u h o l d a n e l e c t i v e o r a p p o i n t i v e p o s i t i o n . F o r t h i s r e a s o n , p l e a s e p a y c l o s e a t t e n t i o n t o t h e i n s t r u c t i o n s o n t h i s f o r m
b e f o r e c o m p l e t i n g t h e r e v e r s e s i d e a n d f i l i n g t h e f o r m .
I N S T R U C T I O N S F O R C O M P L I A N C E W I T H S E C T I O N 1 1 2 . 3 1 4 3 , F L O R I D A S T A T U T E S
E L E C T E D O F F I C E R S :
1 p e r s o n h o l d i n g e l e c t i v e c o u n t y , m u n i c i p a l , o r o t h e r l o c a l p u b l i c o f f i c e M U S T A B S T A I N f r o m v o t i n g o n a m e a s u r e w h i c h i n u r e s
t o h i s s p e c i a l p r i v a t e g a i n . E a c h l o c a l o f f i c e r a l s o i s p r o h i b i t e d f r o m k n o w i n g l y v o t i n g o n a m e a s u r e w h i c h i n u r e s t o t h e s p e c i a l
g a i n o f a p r i n c i p a l ( o t h e r t h a n a g o v e r n m e n t a g e n c y ) b y w h o m h e i s r e t a i n e d .
I n e i t h e r c a s e , y o u s h o u l d d i s c l o s e t h e c o n f l i c t :
P R I O R T O T H E V O T E B E I N G T A K E N b y p u b l i c l y s t a t i n g t o t h e a s s e m b l y t h e n a t u r e o f y o u r i n t e r e s t i n t h e m e a s u r e o n
r s ' h i c h y o u a r e a b s t a i n i n g f r o m v o t i n g ; a n d
W I T H I N 1 5 D A Y S A F T E R T H E V O T E O C C U R S b y c o m p l e t i n g a n d f i l i n g t h i s f o r m w i t h t h e p e r s o n r e s p o n s i b l e f o r r e c o r d i n g
t h e m i n u t e s o f t h e m e e t i n g , w h o s h o u l d i n c o r p o r a t e t h e f o r m i n t h e m i n u t e s .
A P P O I N T E D O F F I C E R S :
A p e r s o n h o l d i n g a p p o i n t i v e c o u n t y , m u n i c i p a l , o r o t h e r l o c a l p u b l i c o f f i c e M U S T A B S T A I N f r o m v o t i n g o n a m e a s u r e w h i c h
i n u r e s t o h i s s p e c i a l p r i v a t e g a i n . E a c h l o c a l o f f i c e r a l s o i s p r o h i b i t e d f r o m k n o w i n g l y v o t i n g o n a m e a s u r e w h i c h i n u r e s t o t h e
s p e c i a l g a i n o f a p r i n c i p a l ( o t h e r t h a n a g o v e r n m e n t a g e n c y ) b y w h o m h e i s r e t a i n e d .
p e r s o n h o l d i n g a n a p p o i n t i v e l o c a l o f f i c e o t h e r w i s e m a y p a r t i c i p a t e i n a m a t t e r i n w h i c h h e h a s a c o n f l i c t o f i n t e r e s t , b u t m u s t
d i s c l o s e t h e n a t u r e o f t h e c o n f l i c t b e f o r e m a k i n g a n y a t t e m p t t o i n f l u e n c e t h e d e c i s i o n b y o r a l o r w r i t t e n c o m m u n i c a t i o n , w h e t h e r
I m a d e b y t h e o f f i c e r o r a t h i s d i r e c t i o n .
I f Y O U I N T E N D T O M A K E A N Y A T T E M P T T O I N F L U E N C E T H E D E C I S I O N P R I O R T O T H E M E E T I N G A T W H I C H
j T H E V O T E W I L L B E T A K E N :
I
i " Y o u s h o u l d c o m p l e t e a n d f i l e t h i s f o r m ( b e f o r e m a k i n g a n y a t t e m p t t o i n f l u e n c e t h e d e c i s i o n ) w i t h t h e p e r s o n r e s p o n s i b l e f o r
i r e c o r d i n g t h e m i n u t e s o f t h e m e e t i n g , w h o w i l l i n c o r p o r a t e t h e f o r m i n t h e m i n u t e s .
" A c o p y o f t h e f o r m s h o u l d b e p r o v i d e d i m m e d i a t e l y t o t h e o t h e r m e m b e r s o f t h e a g e n c y .
" T h e f o r m s h o u l d b e r e a d p u b l i c l y a t t h e m e e t i n g p r i o r t o c o n s i d e r a t i o n o f t h e m a t t e r i n w h i c h y o u h a v e a c o n f l i c t o f i n t e r e s t .
1 1 I n v ! . V A I ; 1
IF YOU MAKE NO ATTEMPT TO INFLUENCE THE DECISION EXCEPT BY DISCUSSION OR VOTE AT THE MEETIN,
• 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 minu
of the meeting, who should incorporate the form in the minutes.
DISCLOSURE OF STATE OFFICER'S INTEREST
Donald McGraw hereby disclose that on March 94 ., 1493 19
(a) A measure came or will come before my agency which (clSeck one)
x inured to my special private gain; or
inured to the special gain of
(b) The measure before my agency and the. nature of my interest in the measure is as follows:
, by whom I am retain
I requested a variance to construct a cloiser at my residence
which would encroach into the setback area, and a site plan
review. In delclaring a conflict, I did not sit as a member
of the Architectural Review and Planning Board at this meeting.
March 24, 1993
Date Filed
��6ce° IU c C,tju
Signature
NOTICE: UNDER PROVISIONS OF FLORIDA STATUTES §112.317 (1985), A FAILURE TO MAKE ANY REQUI,
DISCLOSURE CONSTITUTES GROUNDS FOR AND MAY BE PUNISHED BY ONE OR MORE OF THE FOLLOW:
IMPEACHMENT, REMOVAL OR SUSPENSION FROM OFFICE OR EMPLOYMENT, DEMOTION, REDUCTIOt
SALARY, REPRIMAND, OR A CIVIL PENALTY NOT TO EXCEED $5,000.
Ur r0R%1 flR - nl-AR