Division of Administrative Hearings, Florida
Latest Update: Mar. 02, 1984
Based upon the evidence presented at the hearing, the primary factual issues are as follow: whether the application for a variance was a minor deviation from the standards established by Rule 10D-6.45(3), Florida Administrative Code; Whether the Petitioner clearly showed that the public health would not be impaired or that pollution of surface or groundwater would not result; and whether the petitioner would suffer a hardship if the variance were not granted. Both parties submitted posthearing findings of fact, which were read and considered. Those findings not incorporated herein are found to be subordinate, cumulative, immaterial, unnecessary, or not supported by the evidence.Petitioner should have an alternative wastewater removal system approved because the septic tank cannot be permitted and it will cause him hardship.
