Published on: 5841551. The Order Denying Petition for Variance was issued in response to a Petition for Variance filed by the City of Cocoa on April 1, 2008. Notice of receipt of the Petition was published in the Florida Administrative Weekly on May 2, 2008. Petitioner sought a variance from Rule 9J-33, F.A.C., which sets forth a schedule of deadlines for adoption of the Evaluation and Appraisal Report (EAR). The purpose of the statute that underlies the rule is to ensure timely adoption of the EAR. Petitioner did not demonstrate that the purpose of the underlying statute -- timely adoption of the EAR - has been or will be achieved by the City by other means if the variance were granted. Petitioner also did not demonstrate that application of the schedule would create a substantial hardship or would violate principles of fairness.
Published on: 5548223. variance from the City of Cocoa relating to the schedule for local governments to transmit and submit their evaluation and appraisal reports (“EAR”) as mandated by Section 163.3191, Florida Statutes. The petitioner seeks a retroactive variance which would extend its deadline to submit its EAR from September 1, 2007 until October 1, 2007. This waiver is being requested pursuant to the provisions of Section 120.542, Fla. Stat., and Chapter 28-104.002, Fla. Admin Code. The Petition has been assigned the number DCA08-WAI-098