STATE OF FLORIDA

DIVISION OF ADMINISTRATIVE HEARINGS

ROSANNA LOACH, )

)

Petitioner, )

)

vs. ) CASE NO. 78-1015

) STATE OF FLORIDA, DEPARTMENT OF ) ENVIRONMENTAL REGULATION and ) CLYDE VETTER, )

)

Respondent. )

)

RECOMMENDED ORDER

Pursuant to notice, an administrative hearing was held before Michael R.N. McDonnell, Hearing Officer for the Division of Administrative Hearings, at 1:30 p.m., on October 31, 1978, in Judge Smith's Hearing Room, Building A, Collier County Courthouse Complex, Naples, Florida.

Petitioner was represented by herself, Rosanna Loach, 379 Capri Boulevard, Isles of Capri, Naples, Florida. Respondent, State of Florida, Department of Environmental Regulation, was represented by Carole B. Haughey, Esquire, Assistant General Counsel, 2600 Blair Stone Road, Twin Towers Office Building, Tallahassee, Florida, and Respondent, Clyde Vetter, represented himself, 3896 - 27th Avenue, S.W., Golden Gate, Florida.

FINDINGS OF FACT

1. Respondent, Clyde Vetter (hereafter Vetter), has made application to the Respondent, Department of Environmental Regulation (hereafter DER), for maintenance dredging and construction of boat docks on his property located in Isle of Capri, Collier County, Florida. Petitioner, Rosanna Loach (hereafter Loach), requested a hearing on the permit request and objected to the issuance of the permit on the grounds that the proposed project would create an offensive odor.

   
   

2. The uncontradicted evidence shows that the proposed project poses no serious impediment to navigation and will create no adverse environmental impact. DER has recommended approval of the permit application.

   
   

3. Loach presented the testimony of herself and other residents of the area which testimony established that each witness was concerned about possible trash from boats using the proposed facilities, noise, odors, additional boat traffic, the creation of an eyesore and resultant danger to sport fishing. There was no evidence presented which would, in fact, demonstrate that the proposed project would have an adverse environmental impact or would constitute a serious impediment to navigation.

   CONCLUSIONS OF LAW

   
   

4. In that did not submit any evidence to establish a legal objection to the permit application, it is concluded that DER's recommendation of approval is well founded. It is, therefore,

RECOMMENDED that DER enter its final order approving the permit application.

DONE and ENTERED this 31 day of January, 1979, in Tallahassee, Florida.

MICHAEL R.N. McDONNELL

Hearing Officer

Division of Administrative Hearings Room 530, Carlton Building Tallahassee, Florida 32304

(904) 488-9675

COPIES FURNISHED:

Rosanna Loach Clyde Vetter

379 Capri Boulevard 3896 27th Avenue, Southwest Isles of Capri Golden Gate, Florida 33942 Naples, Florida 33940

Carole B. Haughey, Esquire Assistant General County 2600 Blair Stone Road Tallahassee, Florida 32304

Docket for Case No: 78-001015

Orders for Case No: 78-001015