Elawyers Elawyers
Washington| Change

LORELEI CONDOMINIUM ASSOCIATION, INC. vs PERDIDO KEY BEACH PROPERTIES, L.C. AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, 00-001212 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-001212 Visitors: 19
Petitioner: LORELEI CONDOMINIUM ASSOCIATION, INC.
Respondent: PERDIDO KEY BEACH PROPERTIES, L.C. AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: ELLA JANE P. DAVIS
Agency: Department of Environmental Protection
Locations: Pensacola, Florida
Filed: Mar. 21, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, June 12, 2000.

Latest Update: Dec. 23, 2024
IS DIFFERENT FROM THE ORIGINAL REQUEST. SEE SPECIAL PERMIT CONDITIONS. . NOTE: THIS AUTHORIZAT}4\_ ) ra rave oF FLORIDA . : Dp, DEPART, AT OF ENVIRONMENTAL PROTECTION Ottice of Beaches and Coastal Systems 3900 Commonwealth Bivd, - Mall Station 300 Tallahassee, Florida 32399-3000 (850) 488-3180 PERMIT NUMBERS ES-448 © eS PERMITTEE , a \-e % Perdido Key Beach Properties, L.C. ‘c/o Ong-In Shin, P.E. 35008 Emerald Coast Parkway, Suite 203 Destin, Florida 32541 PERMIT FOR CONSTRUCTION OR OTHER ACTIVITIES - PURSUANT TO SECTION 161.053, FLORIDA STATUTES © FINAL ORDER FINDINGS OF FACT: An application. for authorization to conduct the activities seaward of the coastal construction control line which are indicated in the project description, was filed by the applicant/permittee named herein on January 19, 1999 and was determined to be complete pursuant to rule on September 1, 1999. On November 19, 1999, the applicant waived the 90-day clock for processing completed applications pursuant to Chapter 120, Florida Statutes until. December 10, 1999. The proposed project is to be located landward of the 30-year erosion projection and the existing line of construction established by major structures in the immediate area. CONCLUSIONS OF LAW: After considering the merits of the proposal and any written objections from affected persons, the Department finds that upon compliance with the permit conditions, the activities indicated in the project description are of such a nature that they will " result in no significant adverse impacts to the beach/dune areas or 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 in accordance with Rule 62B- 33.007, Florida Administrative Code; and that it is an activity or type of construction which the designee of the Director of the Office of Beaches and Coastal Systems has authority to approve or deny pursuant to Deputy Secretary Directive "Delegation of Authority", effective July 1, 1999. The direct and cumulative impacts to the beach and dune system that will be caused by both the seaward location and shore-parallel width of the proposed construction represent the maximum such impacts that are acceptable to the Department. Therefore, future construction on the site seaward of the coastal construction control line shall not extend further seaward of, or increase the shore-parallel coverage occupied by, the proposed structures approved pursuant to this permit. Based on the foregoing considerations, the designee approves the application; authorizes construction and/or activities at the location indicated below in strict accordance with the project description, the approved plans (if any) and the Standard Permit Conditions which are attached and are by this reference incorporated herein, and any additional conditions shown below, pursuant to Subsection 161.053(5), Florida Statutes. ; / ‘EXPIRATION DATE: _ December 10, 2002. Perdido Key Drive, Pensacola. woe PROJECT DESCRIPTION: a Mm) ay - PERMITTEE: Anthony Jacobs PERMIT NUMBER: ES-448 ; PAGE 2 LOCATION: Between approximately 248 feet and 324 feet east of the Department of Environmental Protection's reference monument R-3, in n Escambia | County. Project ddress: 17131 Seven-Story, Eleven-Unit, Multifamily Dwelling 1. Location relative to control line: Approximately 150 feet seaward, including 5 feet wide . seaward cantilevered balconies. _ : : : _ ae : 2, Exterior dimensions: 142.3 feet in the shore-normal direction by 48.8 feet in the shore- parallel direction, including seaward and landward balconies, and landward access stairs. 3. Type of foundation: Reinforced concrete columns and shear walls supported by pile caps on 16-inch diameter augercast piles. : 4, Penetration of piles: Refer to Special Permit Condition 2.2. 5. Structural elevation: +21.0 feet (NGVD), or higher. 6. Pile cap elevation: +4.5 feet (NGVD) at seaward end of foundation, increasing to +6.5 feet (NGVD) at the landward end. 7. Elevation of understructure parking area: +12.0 feet (NGVD). Swimming Pool and Spa . 1. Location relative to control line: Refer to Special Permit Condition 2.1. 2. Exterior dimensions: Approximately 29 feet in the shore-normal direction by 55 feet in the shore-parallel direction. Refer to Special Permit Condition 2.1. 3. Type of foundation: Reinforced concrete pool on compacted sand fill. Refer to Special Permit Condition 2.3. : 4. Deck elevation of swimming pool: +11.5 feet (NGVD). 5. Bottom elevation of swimming pool: +6.0 feet (NGYD). 6. Maximum depth of swimming pool: 5 feet. 7. Height of pool deck above existing grade: Approximately 1.6 feet. fi al Re li i ll an A PERMITTEE: Anthony Jacobs PERMIT NUMBER: ES-448 PAGE3 8. Total volume of excavation: 103 cubic yards. Excavation/Fill 1. Total volume of excavation: Approximately 103 cubic yards. Volume of net excavation: None; excavated material to be placed as fill on the project, sit : Location of excavation: At pool only. Refer to Special Permit Condition 2.1, .<. : To elevation +6.0 feet (NGVD); 4 feet below existing Maximum depth of excavati grade. os Volume of fill to be placed: Approximately 820 cubic yards. Location of fill to be placed: From 0 feet to approximately 165 feet seaward of the control line. Refer to Special Permit Condition 2.1. Other Structures/Activities 1. NN Understructure foyer and Storage/equipment rooms including a 4-inch thick, frangible concrete slab of dimensions approximately 65 feet in the shore-normal direction by 48 feet in the shore-parallel direction, access stairs, and an elevator. Refer to Special Permit Conditions 2.4 and 2.5. : ae mee RES A 5-foot wide beach/dune walkway structure is to be located seaward of the control line. Refer to Special Permit Condition 8. A 5-foot to 10-foot wide pool deck attached to the periphery of the swimming pool. Refer _ to Special Permit Condition 2.6. “A 12-inch diameter solid ADS stormwater pipe and drain system located seaward of the control line, connecting the pool area stormwater and overflow to a 30-inch diameter perforated ADS stormwater pipe and bedding system located landward of the control line. Refer to Special Permit Conditions 2.1 and 2.7. A paver block driveway with concrete ribbon curbing of dimensions approximately 148 feet shore-normal by 62 feet shore-parallel is to be located from 0 to approximately 80 fect seaward of the control line. Landscaping with native species around the perimeter of the structures. ~ += lil lh Ailes = OD A PERMITTEE: Anthony Jacobs PA _ SPECIAL PERMIT CONDITIONS: ‘PERMIT NUMBER: ES-448 GE 4 No work shall be con d under t notice to proceed from the Department. ~* permit unti Prior to issuance of the notice to proceed, the permittee shall submit two copies of detailed final construction plans and specifications for all authorized structures or excavation, including all appurtenant structures and utilities. These documents shall be signed and sealed by the design engineer or architect (as appropriate), who must be registered in the State of Florida, and shall bear the certifications specified in Rule 62B-33.007(3)(b), 62B- 33.007(3)(1), and 62B-33.007(3)(n), Florida Administrative Code, These plans and specifications shall be subject to approval from the staff of the Office of Beaches and Coastal Systems, and shall include or reflect the following: 2.1. The pool structure shall be relocated landward such that the maximum seaward extent of the structure shall be landward of a line between a point on the east. Property line that is approximately 166 feet seaward of the control line (as measured perpendicular from the control line) and a point on the west property line that is approximately 164 feet seaward’ of the control line (as measured perpendicular from the control line), in order to minimize impacts to the frontal . dune. i) “Ne Pile tip elevations shall be indicated and referenced to NGVD. 2.3. Pool construction details, including the indicated cover/gazebo structure over spa area. The plans shall be certified by the design engineer that the pool will not increase the risk of damage to the dwelling during coastal storm events. tw * Construction details of understructure non-shear walls. Walls shall be of breakaway design. , 2.5. The grade-level concrete slab shall be Structurally independent of the foundation. The slab shall be jointed at the columns and shear walls, and shall be Jointed, saw- cut (J-inch minimum), or weakened in some fashion so as to breakaway into Segments measuring a maximum of 25 square feet in response to overwash or undermining during a future storin event. 2.6. The pool deck shall be pavers on sand base. 2.7. Revised stormwater system management plans. Stormwater shall not be transported or discharged from landward of the control line to seaward of | the control line, mse ; ttee has received a written te o_o Prior to the issuance of the notice to proceed, the permittee shall Oo). A PERMITTEE: Anthony Jacobs PERMIT NUMBER: ES-448 PAGE 5 Prior to issuance of the notice to proceed, the permittee shall submit written. «. evidence, provided by the appropriate local govemmmental agency having jurisdiction over the activity, that the proposed activity, as submitted to DEP, docs not contravene local building codes. : that a public notice of the Department's action has been published for one ay in the largest newspaper of general circulation in the county where the proposed project is located. A certification from the newspaper showing compliance shall be. provided to the staff. Prior to publishing the required public notice, the permittee shail contact the staff and obtain the specific language that must appear in the advertisement. The public notice must be published within 10 days of the date of issuance of this permit. Prior to commencement of construction activity authorized by this permit, a preconstruction conference shall be held at the site among the contractor, the owner or authorized agent, and a staff representative of the Office of Beaches and Coastal Systems to establish an understanding among the parties as to the items specified in the special and standard conditions of the permit. The proposed locations of the structures shall be staked out for the conference. : : Construction activity authorized by this permit shall not commence until after the time period provided in the public notice for the public to exercise any rights they may have under Chapter 120, Florida Statutes, has expired, or if a hearing is requested, disposition of the hearing request has been made. All imported fill material shall be obtained from a source landward of the control line and shall consist of sand which is similar to that already on the site in both grain size and coloration. This fill material shall be free of construction debris, rocks, or other foreign matter. A sample of the sand shall be provided to the staff representative during the preconstruction conference. The deck of the walkover structure shall maintain an elevation above the existing dune vegetation canopy. The piles for the walkover structure shall not be greater than 4-inch by 4-inch posts and shall not be encased in concrete. The walkover shall extend at least up to the existing line of vegetation but not further than 10 feet seaward of the vegetation. The optimum siting of the walkover structure shall be determined by the staff representative during the preconstruction conference to provide maximum protection to the existing dune topography and vegetation located on the site, All permanent exterior lighting shall be installed and maintained as depicted in the approved lighting schematic. No additional exterior lighting is authorized. itten evidence. =~. iene a cei limits established by the permitted constructior eaward of the coastal c1 A> A PERMITTEE: Anthony Jacobs ~ PERMIT NUMBER: ES-448 PAGE 6 CAVEAT: Due to potential adverse impacts to the beach and dune system that may result from additional development on the property, the shore-parallel and seaward extent of the permitted structures shall not be increased, nor will any additional major structures be permi Approved plans are incorporated into this permit by reference. Done and ordered this | of day of De Com er ___ 1999, in Tallahassee, Florida. _Attachment: Standard Permit Conditions FILING AND ACKNOWLEDGEMENT State of Florida FILED, on this date, pursuant to $120.52 epyrtment of Environmerfa} Protection Florida Statutes, with the designated / Department Clerk, receipt of which is hereby acknowledged. C ony D. Neal,’ ESA d L q Office of Beaches and Cotstal eputy Clerk ate

Docket for Case No: 00-001212
Issue Date Proceedings
Jun. 12, 2000 Order Closing File sent out. CASE CLOSED.
Jun. 07, 2000 Notice of Dismissal (Petitioner filed via facsimile) filed.
Jun. 02, 2000 Order sent out. (comprehensive plans and compliance therewith may not be litigated in this type of permit, the motion to strike subparagraphs 3(b) 3 and 3(d) 3 of the petition is denied, the motion in limine is denied)
Jun. 02, 2000 Notice of Taking Deposition Duces Tecum (W. Newsome, B. O`brien, Lorelei Condominium Owner`s Association, Inc. filed.
May 31, 2000 Petitioner`s Witness and Exhibit List (filed via facsimile).
May 31, 2000 Respondent`s Witness and Exhibit List (filed via facsimile).
May 26, 2000 Respondent`s Response in Opposition to Motion for Leave to Amend and Supplement Petition (filed via facsimile).
May 25, 2000 Petitioner`s Motion for Leave to Amend and Supplement Petition; Amended Petition for Administrative Hearing (filed via facsimile).
May 24, 2000 Notice of Unavailability (Respondent) filed.
May 24, 2000 DEP`s Witness and Exhibit List (filed via facsimile).
May 22, 2000 Petitioner`s Response to Respondent`s Motion to Strike and Motion in Limine (filed via facsimile).
May 18, 2000 Department`s Response to Respondent`s Motion to Strike and Motion in Limine (filed via facsimile).
May 18, 2000 Respondent`s Motion for; (1) Expedited Ruling on Motion to Strike and Motion in Limine; and (2) Expedited Discovery Schedule (filed via facsimile).
May 15, 2000 Respondent`s Motion to Strike and Motion in Limine (filed via facsimile).
May 12, 2000 Order Reserving Ruling Pending Evidence sent out. (motions remain under advisement, and will be disposed of in the recommended order)
May 12, 2000 Order of Pre-Hearing Instructions sent out.
May 12, 2000 Notice of Hearing sent out. (hearing set for June 14 and 15, 2000; 9:30 a.m.; Pensacola, FL)
May 05, 2000 (P. Groom) Notice of Filing; Certification of the reinstatement of Lorelei Condominium Owner`s Association, Inc. (filed via facsimile).
May 05, 2000 Letter to B. O`Brien from P. Groom Re: Enclosing theacknowledgment of the reinstatement of Lorelei Condominium Owner`s Association, Inc., and the certification of reinstatement (filed via facsimile).
May 04, 2000 Notice of Filing filed.
May 01, 2000 Petitioner`s Response to Respondent`s Second Motion to Dismiss (filed via facsimile).
Apr. 28, 2000 Petitioner`s Response to Respondent`s Second Motion to Dismiss (filed via facsimile).
Apr. 25, 2000 Department`s Response to Respondent`s Motion to Dismiss (filed via facsimile).
Apr. 21, 2000 Respondent`s Second Motion to Dismiss (filed via facsimile).
Apr. 19, 2000 Petitioner`s Response to Respondent`s Motion to Dismiss (filed via facsimile).
Apr. 07, 2000 (DEP) Response to Initial Order filed.
Apr. 07, 2000 Respondent`s Motion to Dismiss filed.
Mar. 28, 2000 Initial Order issued.
Mar. 21, 2000 Final Order filed.
Mar. 21, 2000 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
Mar. 21, 2000 Petition for Administraive Hearing filed.
Mar. 21, 2000 Agency Action Letter filed.
Source:  Florida - Division of Administrative Hearings

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer