A petition was filed on May 2, 2008, by Archibald J. Thomas, on behalf of himself, Mr. & Mrs. Herron, and Mr. & Mrs. Neary, regarding properties located at 3560, 3570 and 3550 Coastal Highway, repectfully, Vilano Bch., in St. Johns County. Notice ...

 

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 31, 2008, the Bureau of Beaches and Coastal Systems has issued an order.

A petition was filed on May 2, 2008, by Archibald J. Thomas, on behalf of himself, Mr. & Mrs. Herron, and Mr. & Mrs. Neary, regarding properties located at 3560, 3570 and 3550 Coastal Highway, repectfully, Vilano Bch., in St. Johns County. Notice of receipt of this petition was published in the Florida Administrative Weekly on May 23, 2008. The petition sought a variance or waiver from subsections 62B-33.002(18) and (19), F.A.C., which defines “eligible structures” and “emergency protection”, respectfully, and Rule 62B-33.0051, F.A.C., which provides the conditions where construction of armoring shall be authorized. No public comment was received.

The Order, file number SJ-1031 AR V, grants the Petitioner a variance from subsection 62B-33.002(18) and subparagraph 62B-33.0051(1)(a)1., F.A.C. No variance is granted for subsection 62B-33.002(19), F.A.C., or for the remaining sections of Rule 62B-33.0051, F.A.C. The variance is granted based upon the Petitioner’s demonstration that a strict application of the rule would result in substantial hardship to the Petitioner 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: Rosaline Beckham, Department of Environmental Protection, Bureau of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000, [phone], e-mail: [e-mail].