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1984.04.10_TC_Minutes_Regular TOWN OF HIGHLAND BEACH, FLORIDA Minutes of Meeting of Town Commission MORATORIUM VARIANCE APPEALS BOARD April 10, 1984 10:00 A.M. A Meeting of the Moratorium Variance Appeals Board was called to order by Mayor Louis Y. Horton at 10:00 A.M. in the Town Commission Chambers of Town Hall. Also present were Vice Mayor Mary Louise G. Blosser, Commissioners William E. Paul, Betty Jean Stewart and Harry Walker. Also present were Town Attorney Thomas E. Sliney; Town Manager Elaine W. Roberts; Town Clerk Mary Ann Whaley; citizens and the general public. It was noted that the purpose of this meeting was to discuss a request for a variance from the moratorium ordinance as submitted by C. D. Milani. Mr. Milani, as well as Attorney Daniel James was present. Substantial discussion ensued regarding a proposed Stipulation for Settlement dated December 8, 1983, including discussion regarding the two tower versus the one tower plan, time limits, and - previous approvals given by the Planning Commission and CAB for specific plans. Mr. David Custage, Secretary of the Highland Beach Civic League, and Mr. Irving Saunders, Acting Chairman of the Planning Commission, made statements regarding opposition to the settlement, and clarification as to plans approved by the Planning Commission. Further discussion took place regarding density figures pending the outcome of the litigation versus density figures which would be allowed as a result of the acceptance of the Settlement Offer, after which MOTION was made by COMMISSIONER WALKER /MAYOR HORTON, to accept the terms as outlined in a Stipulation for Settlement dated December 8, 1983, limiting development on Lots 4 and 5 East to a two -tower plan in compliance with the Town's building code and zoning laws in existence at the time the two -tower plan was submitted and approved by the Planning Commission; further that a building permit on the subject property be secured within one year (according to provisions in Resolution 438), with substantial completion being accomplished within two years from securing of the building permit, in accordance with the terms of the current moratorium ordinance. f � Town Commission Moratorium Variance Appeals Board L April 10, 1984 Page Two of Two The Town Commission was polled by the Town Clerk with Mayor Horton, Commissioner Walker and Commissioner Paul voting aye. Vice Mayor Blosser and Commissioner Stewart voted no. The MOTION carried. There being no further business to come before the Moratorium Variance Appeals Board at this time, the meeting was adjourned at 11 :35 a.m. APPROVED: Loui Horton, Mayor CL Mary ouise G. B oss Vice Mayor William E. Paul, Commissioner Bet Jean Stewart, Commissioner Harry Walker ATTEST: Mary Ann aley Town Cl rk Date: •4 ..� IN THE CIRCUIT COURT OF THE FIFTEENTH JUDICIAL CIRCUIT OF FLORIDA, IN AND FOR PALM BFACIi COUNTY CIVIL ACTION _ N O.: 82 6846 CA(L)01 J C. D. MILANI, Trustee, and RICHARD G. ORMAN and ROBERT A. wUTT, as Co- Trustees of the Milani Family Trust, Plaintiffs- Petitioners, - vs- TOtr'N OF HIGHLAND BEACH, a municipal corporation under the laws of the State of Florida; AMELIE LENG, D. R. ROME; F. SAV1NO and B. J. STE'WART, individually, Defendants - Respondents. STIPUi,ATION FOR S1- ;TTLEMF.NT The Plaintiffs, C. D. :li l,rn.i, 'Trustee, Richard G. Orman and Robert A. Wutt, as Co- Trustees of the Milani Family Trust, hereinafter referred to as Plaintiffs; the To of highland Beach, hereinafter referred to as Town; and Amelie teeny, D. R. Rome, F. Savino and B. J. Stewart, hereinafter referred to as CAB members, do hereby agree to settle all in this c,aus;e on the following terms and conditions: 1. The Defendant Town will permit the Plaint - iffs to develop the project i.denti f iced as Corona Del M,ar t•7,2st in the Amended Complaint herein in iccord.,rice with the project plans which ware heretofore approved by the Town of Highland Reach Planning Commission and with the number of units therein designated. (This property is identified as Lots 4 rrrd 6 West on the Town of Iighland Beach map.) 2, The Town will c, emit t_hc Plaintiffs to develop tl e project identified as Corona Del m4,ir Fast in the Amended Complaint herein,-(Lots 4 and 5 East on the To of Highland Beach rnap.) This plan was ( submitted as a two -tower plan on the above mentioned real 1.1 084. JAMES. & . 0VOUNG property. The Plaintiffs shall hc the option, at their choice, to develop this property with an alternate one -tower plan not to exceed eleven stories in height, and further not to exceed 34 units. If Plaintiffs select the alternate one- tower plan, then it shall comply with the Town's builclirig ode and other zoning laws which were in existence at the time the two -tower plan was submitted and approved by the Town Planning Co!­ 3. Plaintiffs shall, in connection with the development and completion of the above mentioned proiect, be governed by the Town's regular building code, 4. In consideration of the forecloing Milani and Milani Holdings Limited, a C,-rnadian c_or. horation, shall cause, by recorded deed restrictions, that real jrrol „�i ty dc�scrihed bet -ow to be used, in perpetuity, as a single f,,mily residence plus a arage and guest house to be built in accordance wit}i the existing code, and these deed restrictions shall inure to the henc�fit of the Town, and the documents so restricting the arse of t his pror,er Ly shall be in proper form for recording in the r -�-•��c,rrls Of R,i]rn Ilu�r�.h Count The Y p,rrties represent that title to !;aid property is now in Milani and Milani Holdings Limited, a Canadian corporation, and is described as follows : Parcel 1 - The North 100 fcct feet the South 300 int of the North 1; ?_ of the North 1/2 of Government Lot 1, Section 9, To hip 47 South, RI 43 East, except therefrom that Portion lying east of State Road AlA right of way line. Parcel 2 - The North 37.1 3?5 i_c cat of the `youth 867 feet of the North 112 of Government T,ot 1, Section 9, Township 47 South, Ranye 43 L,i t, Palm Beach County, Florida, lying east State Road AlA. of the cast right of way line of All situate, lying and homy in Palm Beach County, Florida. (The above mentioned property is identified as hot 10 1 -ying east of State h Read AlA on the Town map) S. Upon execution of this agreement by all parties, and upon the above mentioned deed restrictions being made and delivered to tire Town, and upon the building r, rmi is h i.ny issued for the above projects, the parties hereto �:i 11. <;t i.hul;:tr to the dismissal ` e, Q utjICX � T �is� cause, with each Party to its, his or her o.Jn costs and attorneys fees. or rON. JAMES. DATED this E ww0 YOUNG day Of D comber, 1983. wo arwaaT •sir aa.Cq •o• roar / .� R1Ch;jr d G. OimarY, o - 'Trustee oL�`t he tli l ani F 11111 ly Trust Y - C. D. Milani S MILANI AND MII,ANI HOLDINGS LIMITED, a Clinad corporation C. D. Milani -, president and s le st ockllo lder JAMES, ME'RKLE & YOUNG Attorneys for Plaintiffs Past Office Box 3246 1'7c2,;t Palm Beach, FL 33402 (305) 6' -4000 BY J 1 -r _ anie .. FT,H'IING, O'BRYAN & FLhMING Attorneys for Amelie Lend, D. R. Rome, F. `�avino and B. J. Stewart, members Of Co;!:C!"Mity Apr,e.irance Bc)ard 308 Comeau Building 31.9 Clematis Street h'c:;t Palm Teach, FL 33401 (305) 832 -3663 BY - George P. Roberts, Jr, TOWIJ OF HIGHLAND BEACH, a municipal Curr BY D11,1 PAXON, YALIS}t, KAUFM & TYLANDER Attorneys for Town of highland Beach 150 East Palmetto Park Road, Suite 700 Boca Raton, FL 33432 (305) 392 -8900 13y _ ` liom<1s E. - Sliney F J LTON, JAM[s, : -[ Am• YOUNG a110 11464T :4�10A )!NI 3.