A petition was filed on October 29, 2009, by Archibald and Martha Thomas, William and Debra Herron, and Laura Lundberg (Neary), requesting a renewal of a variance from subsections 62B-33.002(18), (19) and Rule 62B-33.0051, F.A.C. A variance was ...

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Beaches and Coastal Systems

RULE NO: RULE TITLE
62B-33.002: Definitions
62B-33.0051: Coastal Armoring and Related Structures

NOTICE IS HEREBY GIVEN that on April 14, 2010, the Florida Department of Environmental Protection, Bureau of Beaches and Coastal Systems has issued an order.
A petition was filed on October 29, 2009, by Archibald and Martha Thomas, William and Debra Herron, and Laura Lundberg (Neary), requesting a renewal of a variance from subsections 62B-33.002(18), (19) and Rule 62B-33.0051, F.A.C. A variance was previously granted October 31, 2008, #SJ-1031 AR V, but expired. The properties are located at 3550, 3560 and 3570 Coastal Highway, Vilano Bch., in St. Johns County, FL. Notice of receipt of this petition was published in the Florida Administrative Weekly on November 13, 2009. On November 17, 2009, an amended renewal of petition for variance was received requesting a permanent variance from subsections 62B-33.002(18) and (19), F.A.C., which defines “eligible structures” and “emergency protection”, respectively, and from Rule 62B-33.0051, F.A.C., which provides general armoring criteria. No public comment was received. The Order, #SJ-1031 AR V2, grants a variance from subsection 62B-33.002(18) and subparagraph 62B-33.0051(1)(a)1., F.A.C., only, and for a one year time period. No variance is granted for remaining sections in Rule 62B-33.002 or 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] or e-mail: [e-mail].