NOTICE IS HEREBY GIVEN that on October 21, 2009, the 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 on May 18, 2009, from Donald R. Combs. Notice of receipt of the petition was published in the F.A.W. on May 29, 2009. The petitioner requested a variance from subsections 62B-33.002(18), (44), and (64), F.A.C., which provide the definitions of “Eligible Structures”, “Non-Conforming Structure” and “Vulnerable”, respectively. In addition the petitioner requested a variance from the requirements of subparagraphs 62B-33.0051(1)(a)1., 2., and 3., F.A.C., which provide the conditions where coastal armoring may be authorized. 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, FL 32299, (850)488-7815 or by e-mail: rosaline.beckham@dep.state.fl.us.