Notice of Variances and Waivers

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Beaches and Shores
RULE NO: RULE TITLE
62B-33.002: Definitions
62B-33.0051: Coastal Armoring and Related Structures
NOTICE IS HEREBY GIVEN that on October 21, 2009, the Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems has issued an order.
The Bureau received the petition for variance on October 30, 2008 and an amended petition for variance on May 18, 2009. Notice of receipt of the petition was published in the F.A.W. on May 29, 2009. The petitioner requested a variance from the definitions in subsections 62B-33.002(18), 62B-33.002(44), and 62B-33.002(64) and the requirements of subparagraphs 62B-33.0051(1)(a)1., 62B-.0051(1)(a)2., and 62B-33.0051(1)(a)3., F.A.C., to build a coastal armoring structure. The property is located at 3870 Coastal Highway, St. Augustine, Florida. No public comment was received.
The Order, file number SJ-1034 AR V, denied the variance petition because the petitioner failed to demonstrate that a strict application of the rule would result in substantial hardship to petitioner or would affect petitioner differently than other similarly situated applicants and because petitioner did not successfully fulfill the requirements of the underlying statute by other means.
A copy of the Order may be obtained by contacting: Rosaline Beckham, 3900 Commonwealth Blvd., MS #300, Tallahassee, Florida 32299, (850)488-7815 or by e-mail: rosaline.beckham@dep.state.fl.us.