NOTICE IS HEREBY GIVEN that on May 27, 2010, the Department of Environmental Protection, Central District has issued an order.
Notice of receipt of this petition was published in the Florida Administrative Weekly on April 9, 2010. The petition, filed by Howard Johnson Express Inn located at 2801 East New York Ave., Deland, FL 32720 on February 26, 2010, requested a variance from the 100-foot setback distance from the edge of a rapid infiltration basin to buildings or property lines under subsection 62-610.521(6), F.A.C. Petitioner requested the variance to expand the rapid infiltration basin that has been in existence at the Howard Johnson Express site since 1973 and to eliminate an emergency spray filed. No public comment was received. The Order, file number FLA011144-004-DW3P and OGC No.: 10-1148, granted the Petitioner a variance from the 100 foot setback distance from rapid infiltration basins at the Howard Johnson Express site to the property line as provided in subsection 62-610.521(6), F.A.C., based on a showing that Petitioner demonstrated 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 had successfully fulfilled the requirements of the underlying statute by other means.
A copy of the Order may be obtained by contacting: Dennise Judy, Department of Environmental Protection, Central District, 3319 Maguire Blvd., Suite 232, Orlando, Florida 32803, (407)894-7555, email: dennise.judy@dep.state.fl.us.