Petitioner: SCOTT BROWNSTEIN, THOMAS HORTON, JANET HORTON, AND GEORGIA MASON
Respondent: RONALD SACINO, SHERRY SACINO, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Environmental Protection
Locations: Port Charlotte, Florida
Filed: Dec. 08, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 6, 2010.
Latest Update: Nov. 16, 2024
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STATE OF FLORIDA
DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Water Aasdoree Misragemernt
Bureau of Beaches and Qoautal Syateme
2900 Commenweelth Blvd, - Vail Station 300
‘Toltshautaa, Flogda 259-3000 :
(880) 486-7768
PERMIT NUMBER: CH-546
" PERMITTEE
Ronald A. and Sherry Savina :
ofp Krie W. Thoemke, Pi.D., CEP, Senior Scientist
Coastal Engineering Consultants, Inc,
3166 South Horseshoe Drive
Naples, Florida 34104.
PERMIT FOR CONSTRUCTION OR OTHER.ACTIVITIBS
_ PURSUANT TO SECTION 161.053, FLORIDA STATUTES
FINAL ORDER
FINDINGS OF FACT: An applivation for authorization to conduct the activities seaward ofthe coastal canstruction
control line thet are indicated in the project description, was filed by the applicant/pernities named herein on
November 7, 2007, and was determined to be complete pursuant to rule on January 29, 2008. However, on Apri] 23,
2008, the applinant waived the S0-day processing time limit for the projects which are determined to be complete
pursuant to Section 120.60(1), Florida Statutes until May 19, 2008. The proposed project is ta be looated seaward of
the 30-year erosion projection. ;
CONCLUSIONS OF LAW: After cansideting the merits of the proposal and any written objections fom affected
persons, the Department finds that wpon compliance with the permit conditions, the activities indicated in the project
description of this permit are of such a natura that they will result in no significant advene impacts to the
beach/dime areas ot to adjacent properties; that the work is not expected to adversely impact nesting sea turtles, their
hatchlings, or their habitat; that the work is expendable in nature and/or is appropriately designed ih accordance with
Section 628-33.005, Flavide Administrative Code: and that it is an activity or type of construction whieh the Chief”
of tha Burseu of Besehes and Coastal Systems has authority to approve or deny pursuatit to Delegation of Authority,
DEP Directive 100, affective September 27, 2002. The direot and cumulative impacts to the beach and dune system
that will be caused by the seaward location and shore-parallel width of the proposed ocnatruction represent the
maximum such, itnpacts that are acceptable to the Department. Therefre, future construction on the site seaward of
the coastal consttudtion contol line shall not extend further seaward of, or increase the shore-paralle] coverage
occupied by, the proposed structures approved pursuant to this permit, Based on the fregsing considerations, the
Bureau Chief approves the application; authorizes construction and/or activities at the Jooation indicated below in
sirjot accordance with the project description, the approved plans (if any) and the General Permit Conditions which
are attached and are by this relrence incorporated herein, and any additional conditions shown, below, pursuant to
Section 161,083(5), Florida Statutes. : ,
EXPIRATION DATE: May 19, 2011
LOCATION: Between approximately 290 feer and 380 feet north of the Department of Environmental Protection's
reference monument 2-34, in Charlotte County. Project address: 4 Adele Way, Englewood.
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PERMITTER: Ronald. A, and Sherry Sacino
PERMIT NUMBER: CH-546
PAGE 2 . .
PROJECT DESCRIPTION:
Single-Family Dwalling
i. Location zalstive to control line: A maximum of 250.6 fect seaward,
2, Exterior dimensions: Approximately 54 feet in the shore-normal direction by 45 fet in the shore-parallal
ion. ; a
3, Type of foundation: Pile.
Excavation Fill
1. Total volume of excavation: Approximately 60 cuble yards of temporary exeavetion. Volume of set
exonvation: Notes; sreavated noaterial to be placed as fill on the projent site within area of the soplic system,
2, Location of excavation: Froin 175 feet to 190 fest seaward ofthe control line,
4. Volume of fill to be placeds, Approximately 60 cubis yards, |
4, Location of fill te be planed: From 175 feet to 190 feet sexward of the control line,
Other Sireturee/ Activities .
1. A. seaward stairway is to be loonted approximately 250 feet seaward of the control line.
) 2. A Jandward covered stairway.
3. A saptie system and draintield system landward of the proposed building is to be located approximately 190
feet seaward of the control line.
4, A Jantward driveway.
5. Lendscape plantings. A
6. _ Extarior lighting. ‘,
SPECIAL FERMIT CONDITIONS:
Ly
Construction. aetivity authorized by this permit ahall not commence until after the time period provided in
the public notice for the public to exercise eny rights they may have under Chepter 120, Florida Stamites, has
expired, or ifs hearing is tequestad, disposition of the hearing request has been rads,
) ,
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PERMITTEE: ‘Ronald A. and Sherry Jacino
. PERMIT NUMBER: CH-346
PAGE 3
2, Prior to corimencement of construction activity authorized by this penmit, a precansttuction conference shall
be hald at the site among the contractor, the owner or authorized agent, and a staff representative of the
Bureau of Beagles and Coastal Systema to establish an understanding among the parties as to the items
spenified in the special and general conditions of the permit, The progased locations of the strictures shall.
be stalked out for the conference, Contact Jennifer Cowart at the toll-fres massage center phone number J-
877-314-1329 ta schedule a conference, The proposed locations of the structures shall be staked out for the
conterence.
3, Prior io commencement of construction activity authorized by this permit, a tomporery construction fence
shall be erected along the perimeter of the permitted activity. The ferice shall ratuain in place until the
constuction authorized by this permit le complete. The optimum siting of the construction fence shal! be
determined duting the preeonstruction conference by the staff representative so ag to provide maximum
profestion to the existing yegetntion located on the site.
4, Prior to installation of the septic tank and drainfield system, the pormittee shall avimitto the Department
evidence of lord! approval fom the County Health Deparenent for the installation of the septic tank and
drainGield system. A copy of the septic tank and drainfield permit-fton the County Health Department will
satisfy this condition, .
5, All lighting shall be installed and maintained as depitted in the approved lighting schematic. No additonal
permanent exterior lighting is authorized. :
CAVEAT:
Dus to potential adverse impacts to the beach and dune system that may reniit ftom additional development on the
propery, the shore-patallel and seaward extent of the permitted structures shal! not be increased, nor will any
additional major structires be permitted which would exceed tha limits established by the pertnitted construction
seaward of the coastal construction eaatrol line, ‘
Approved plans are inameporated inte thie pennit by reference.
fh
Done and ordered this _/ 9 day of / Dang 2008, in Tallahassee, Florida,
Attachment: Gener] Parmnit Conditions
FILING AND ACKNOWLEDGEMENT FILED, State of Florida
on this dite, pursuant ty $126,592 Florida Department of Environmental Protention
Statutes, with the designated Department Clerk,
receipt of which is hereby acknowledged. of
a gta aa Sete t
Michael R. Bdrnett, @E, Chis?
Bureau of Beaches and Coastal Systema
Docket for Case No: 08-006117
Issue Date |
Proceedings |
Jan. 06, 2010 |
Order Closing File. CASE CLOSED.
|
Jan. 06, 2010 |
Settlement Stipulation and Joint Motion to Relinquish Jurisdiction filed.
|
Sep. 10, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for January 20 through 22, 2010; 9:00 a.m.; Port Charlotte, FL).
|
Sep. 10, 2009 |
Joint Motion to Continue filed.
|
Aug. 20, 2009 |
Respondent Sacinos' Request for Case Management Conference filed.
|
Aug. 18, 2009 |
Respondents Sacinos' Third Request for Admissions to Petitioners filed.
|
Aug. 12, 2009 |
Notice of Service of Respondents Sacinos' Fifth Interrogatories to Petitioner Thomas Horton filed.
|
Aug. 12, 2009 |
Notice of Service of Respondents Sacinos' Fifth Interrogatories to Petitioner Georgia Mason filed.
|
Aug. 12, 2009 |
Notice of Service of Respondents Sacinos' Fifth Interrogatories to Petitioner Janet Horton filed.
|
Aug. 12, 2009 |
Notice of Service of Respondents Sacinos' Fifth Interrogatories to Petitioner Scott Brownstein filed.
|
Aug. 04, 2009 |
Sacinos' Objections to Interrogatories and Requests to Produce Served on July 2, 2009 filed.
|
Jul. 31, 2009 |
Respondent Sacinos' Second Request for Admissions to Petitioner filed.
|
Jul. 31, 2009 |
Notice of Service of Respondents Sacinos' Fourth Interrogatories to Petitioner Georgia Mason filed.
|
Jul. 31, 2009 |
Notice of Service of Respondents Sacinos' Fourth Interrogatories to Petitioner Thomas Horton (complete) filed.
|
Jul. 31, 2009 |
Notice of Service of Respondents Sacinos' Fourth Interrogatories to Petitioner Scott Brownstein (complete) filed.
|
Jul. 31, 2009 |
Respondent Sacino's Request for Admissions to Petitioners (complete) filed.
|
Jul. 27, 2009 |
Respondent Sacino's Request for Admissions to Petitioners (without signature) filed.
|
Jul. 27, 2009 |
Notice of Service of Respondents Sacinos' Fourth Interrogatories to Petitioner Georgia Mason (without signature and certificate of service date) filed.
|
Jul. 27, 2009 |
Notice of Service of Respondents Sacinos' Fourth Interrogatories to Petitioner Jane Horton (without signature and certificate of service date) filed.
|
Jul. 27, 2009 |
Notice of Service of Respondents Sacinos' Fourth Interrogatories to Petitioner Thomas Horton (without signature and certificate of service date) filed.
|
Jul. 27, 2009 |
Notice of Service of Respondents Sacinos' Fourth Interrogatories to Petitioner Scott Brownstein (without signature and certificate of service date) filed.
|
Jul. 14, 2009 |
Respondent Sacinos' Fourth Request to Produce filed.
|
Jul. 02, 2009 |
Notice and Certificate of Service of Petitioners' First Set of Interrogatories to Respondents, Ronald and Sherry Sacino filed.
|
Jul. 02, 2009 |
Notice and Certificate of Service of Petitioners' First Request for Production of Documents to Respondents, Ronald and Sherry Sacino filed.
|
Jul. 02, 2009 |
Order Granting Continuance and Re-scheduling Hearing (hearing set for October 6 through 8, 2009; 9:00 a.m.; Port Charlotte, FL).
|
Jul. 01, 2009 |
Joint Motion for Postponement of Hearing and Request for New Order of Pre-hearing Instructions filed.
|
Jun. 25, 2009 |
Respondents Sacinos' Subpoena Duces Tecum without Deposition filed.
|
Jun. 15, 2009 |
Notice and Certificate of Service of Petitioner's Filing Response to Respondents Sacinos' Second Interlocking Discovery Request filed.
|
Jun. 15, 2009 |
Respondents Sacinos' Third Interlocking Discovery Request (Georgia Mason) filed.
|
Jun. 15, 2009 |
Respondents Sacinos' Third Interlocking Discovery Request (Thomas Horton) filed.
|
Jun. 15, 2009 |
Respondents Sacinos' Third Interlocking Discovery Request (Janet Horton) filed.
|
Jun. 15, 2009 |
Respondents Sacinos' Third Interlocking Discovery Request (Scott Brownstein) filed.
|
Jun. 15, 2009 |
Notice of Service of Respondents Sacinos' Third Interlocking Discovery Request filed.
|
Jun. 15, 2009 |
Respondents Sacinos' Third Request to Produce filed.
|
May 15, 2009 |
Notice of Service of Respondents Sacinos` Second Interlocking Discovery Request filed.
|
Mar. 27, 2009 |
Notice and Certificate of Service of Petitioner`s Filing Response to Respondents Sacinos` First Interlocking Discovery Request filed.
|
Mar. 20, 2009 |
Notice of Hearing (hearing set for August 4 through 6, 2009; 9:00 a.m.; Port Charlotte, FL).
|
Mar. 20, 2009 |
Order of Pre-hearing Instructions.
|
Mar. 20, 2009 |
Joint Status Report filed.
|
Jan. 29, 2009 |
Notice of Service of Respondents Sacinos` First Interlocking Discovery Request filed.
|
Jan. 29, 2009 |
Notice of Appearance (filed by W. Ross).
|
Jan. 29, 2009 |
Joint Response to Initial Order filed.
|
Jan. 21, 2009 |
Order Granting Extension of Time (response to the Initial Order to be filed by January 28, 2009).
|
Jan. 20, 2009 |
Amended Joint Status Report filed.
|
Jan. 20, 2009 |
Joint Status Report filed.
|
Dec. 09, 2008 |
Initial Order.
|
Dec. 08, 2008 |
Final Order filed.
|
Dec. 08, 2008 |
Petition for Formal Administrative Hearing filed.
|
Dec. 08, 2008 |
Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
|