STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

In Re: )

Application of Luther J. ) Russell to State of Florida, )

Board of Trustees of the ) Case No. 75-033

Internal Improvement Trust ) IITF FILE NO. 13-25-3080E Fund to construct an upland )

boat basin and remove part of ) seawall fronting on his ) property on Mashta Island, Key ) Biscayne, Florida )

)

RECOMMENDED ORDER

Pursuant to notice, the Division of Administrative Hearings by its duly designated Hearing Examiner, K. N. Ayers, held a public hearing on the above matter February 19, 1975, Miami, Florida.

APPEARANCES

Mr. Charles Schnepel testified regarding the application. There were no Protestants.

1. By this application to the State of Florida, Board of Trustees of the Internal Improvement Trust Fund, Luther J. Russell seeks authorization to remove part of the seawall fronting on his property on Mashta Island adjacent to West Mashta Drive, Key Biscayne, Florida. The application was investigated by Mr. Charles Schnepel, Field Inspector for the Trustees of the Internal Improvement Trust fund.

   
   

2. Mr. Russell proposes to create an upland boat basin 60' X 16' X 6' on his property inland from the existing seawall, and upon completion of the basin to remove that portion of the seawall fronting on the basin thereby creating a safe mooring for his boat. The only portion of this project affected by the Biscayne Bay Aquatic Preserve Act, Chapter 74-171, Laws of Florida, (hereinafter referred to as the Act) involves the removal of the seawall, and this is covered by Section five (5) of the Act which provides:

Neither the establishment nor the management of the Biscayne Bay aquatic preserve shall operate to infringe upon the riparian rights of upland property owners adjacent to or within the preserve. Reasonable improvement for ingress and egress, mosquito control, shore protection, public utility expansion, and similar purposes may be permitted by the trustees of the internal improvement trust fund, or department of pollution control, subject to any other provision*

* NOTE: The remaining text of this paragraph is not readable on the document filed with the Division and is therefore not a part of this ACCESS document.

Not only is the proposed construction a reasonable improvement within the terms of the Act above quoted, but also such construction should not adversely affect the water quality of Biscayne Bay. It it therefore,

RECOMMENDED that the application of Luther J. Russell be granted so as to authorize the construction of an upland boat basin 60' X 16' X 6' on his property and upon completion thereof to remove that portion of the existing seawall fronting on the boat basin.

DONE and ORDERED this 24th day of March, 1975.

K. N. AYERS, Hearing Officer Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Luther J, Russell 1040 Alfonso Avenue

Coral Gables, Florida 33146

Board of Trustees of the Internal Improvement Trust Fund

State of Florida Elliott Building Tallahassee, Florida

Docket for Case No: 75-000033

Orders for Case No: 75-000033