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 ...

 

DEPARTMENT OF COMMUNITY AFFAIRS
Division of Community Planning

RULE NO: RULE TITLE
9J-33.005: Local Government Transmittal and Submission Schedule

NOTICE IS HEREBY GIVEN THAT on June 27, 2008, the Department of Community Affairs has issued an order.

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 Chapter 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.

A copy of the Order may be obtained by contacting: Paula Ford, Agency Clerk, Department of Community Affairs, 2555 Shumard Oak Boulevard, Tallahassee, Florida, 32399.