Elawyers Elawyers
Washington| Change

FRANK VANDER HORST vs DR. CLAUDE A. ANDERSON, JOANNE C. ANDERSON, PAIGE S. ANDERSON, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, BEACHES AND COASTAL SYSTEMS, 00-002009 (2000)

Court: Division of Administrative Hearings, Florida Number: 00-002009 Visitors: 26
Petitioner: FRANK VANDER HORST
Respondent: DR. CLAUDE A. ANDERSON, JOANNE C. ANDERSON, PAIGE S. ANDERSON, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, BEACHES AND COASTAL SYSTEMS
Judges: D. R. ALEXANDER
Agency: Department of Environmental Protection
Locations: Cape San Blas, Florida
Filed: May 11, 2000
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Monday, November 27, 2000.

Latest Update: Dec. 25, 2024
FLS-MAR-@2 14:16 FROM: BEACHES + COASTAL SYSTEMS 10: 85@ 488 5257 “SPECIAL PERMIT CONDITIONS. PAGE ae ‘ STATE OF FLORIDA OEPAR oT OF ENVIRONMENTAL PROTECTION Otfice of Beaches and Coastal Systems 3900 Commonwealth Blvd. - Mall Station 300 Tallahassee, Florida 32399-3000 (850) 488-3180 NOTE: THIS AUTHORIZA ON I$ DIFFERENT FROM THE™ ORIGINAL REQUEST. SEE 3 oO PLRMIT NUMBER: GU-286, : EES ons gos € 4 4 o PERMITTEE een wos} ws Claud and Joann C. Anderson, and Paige S. Anderson clo William J. Guilford, P.E. y 0” Post Office Box 13818 00 2 Mexico Beach, Florida 32410 resn ld 1h 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 Séptember 14, 1999, and was determined to be complete pursuant to rule on November 24, 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 adveise impacts to the beach/dune areas oF 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 the seaward location 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 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: February 22, 2003 LOCATION: Between approximately 415 feet east and 485 feet east of the Department of Environmental Protection's reference monument R-126, in Gulf County. Project address: Lot 6, San Blas Plantations, Cape San Blas. & 2 RS-MAR-O@ 14:16 FROM: BEACHES + COASTAL SYSTEMS 1D: 865@ 488 5257 PAGE 3 PERMITTEE: Claud and Joann C. Anderson, and Paige S. Anderson PERMIT NUMBER: GU-300 PAGE 2 PROJECT DESCRIPTION: Two-Story, Single-Family Dwelling 1. Location relative to control line: Refer to Special Permit Condition 2.1. 2. Exterior dimensions: “Approximately 47.3 feet in the shore-normal direction by 36.0 feet in the shore-parallel direction, including an 8-foot shore-normal by 36-foot shore-parallel, seaward, pile-supported, attached, covered, screened wooden first-floor deck and open second-floor deck. 3. Type of foundation: 12-inch diameter pressure-treated wood piles. 4. Penetration of piles: Refer to Special Permit Condition 2.2. 5. Structural elevation: +22.0 feet (NGVD), or higher. Excavation/Fill . 1. Total volume of excavation: Approximately 1 cubic yard. Location of excavation: Approximately 44 feet to 57 feet seaward of the control line, at the edge of the understructure slab on the west side of the dwelling. WV 3. Maximum depth of excavation: To elevation +13.0 feet (NGVD); 1-foot below existing grade. 4. ‘folume of fill to be placed: Refer to Special Permit Condition 2.3. 5. Location of fill to be placed: Refer to Special Permit Condition 2.3. Other Structures/Activities cl AL d-inch ‘thick, ‘frangible, understructure concrete slab. Refer to Special Permit : Condition 2.5. Ph ate i Pae. wees . ; — 2. Seaward, post-supported, 6-foot wide stairs connected to the first-floor, and landward, post- supported, 5-foot wide, covered wooden access stairs connected to the first-floor and the side | carport. Refer to Special Permit Condition 2.4. 3. A septic system “located landward of the proposed” ‘dwelling. Refer to Special Permit Conditions 2 2.4 and 3. ‘ 4. A pervious landward d driveway. Refer to Special Permit Condition 2.6. 15-MAR-@8 14:16 FROM: BEACHES + COASTAL SYSTEMS 1D: 856 488 5257 PAGE VW PERMITTEE: Claud and Joann C. Anderson. and Paige S. Anderson PERMIT NUMBER: GU-300 PAGE 3 5. An understructure storage area with wooden breakaway walls of dimensions 12 feet shore- normal by 13 feet shore-parallel. SPECIAL PERMIT CONDITIONS: 1. w No work shall be conducted under this permit until the permittee has received a written notice to proceed from the Department. 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 shail be signed and sculed by the design engineer or architect (as appropriate), who must be registered in the State of Florida, and shull bear the certifications specified in Rule 62B-33.007(3)(b) 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 dwelling, including the seaward, pile-supported, attached, covered, screened wooden-first floor deck and open second-floor deck a maximum distance of 83-:feet seaward of the control line. : nN ND 2. Minimum foundation pile penetration of -12.0 feet (NGVD). tN Ww or fill. 14 A revised site plan indicating the distances of all permitted major and minor structures seaward of the control line. “2.5. The location and dimensions of the undersiructure concrete slab. 2.6. Construction material and details for the pervious landward driveway. 2.7. An additional $200.00 fee is required for multiple minor structures (driveway and septic system) as set forth in Rule 62B-33.0085, Florida Administrative Code. Prior to commencement of construction activity authorized by this permit, 2 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. A revised grading/site plan depicting the location and volume, in cubic yards, of all cut sense or oregano te eamm easy ane 1S-MAR-@@ 14:17 FROM: BEACHES + COASTAL SYSTEMS ID: 85@ 488 5257 PAGE Ss PERMITTEE: Claud and Joann C. Anderson, and Paige S. Anderson PERMIT NUMBER: GU-300 PAGE 4 4. The 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 matcrial shall be fréé of construction debris, rocks, or other foreign matter. A sample of the sand shall be provided to the staff representative during the preconstruction conference. 5. All permanent exterior lighting shall be installed and maintained as depicted in the approved lighting schematic. No additional exterior lighting is authorized. CAVEAT: Due to potential adverse impacts to the beach and dune system that may result from additional development on the property, the seaward extent of the permitted structures shall not be increased, nor will any additional major structures be permitted which would exceed the limits established by the permitted construction seaward of the coastal construction control line. Approved plans are incorporated into this permit by reference. a . Done and ordered this 22>" day of fe Dror, 2000, in Tallahassee, Florida. Attachment: Standard Permit Conditions FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to $120.52 Florida Statutes, with the designated rin uC Clerk, receipt of which is ho oby acknowledged. & Den +1 x Coe Ql DLE Penuty Clerk ate State of Florida Department of Environmental Protection OB, b Kb bhard Allen P. Hubbard, P.E. Administrator Office of Beaches and Coastal Systems srr erie ert ee

Docket for Case No: 00-002009
Issue Date Proceedings
Nov. 27, 2000 Order Closing File issued. CASE CLOSED.
Nov. 21, 2000 Notice of Dismissal with Prejudice filed by Petitioner.
Sep. 19, 2000 Order Continuing Case in Abeyance issued (parties to advise status by November 10, 2000).
Sep. 18, 2000 Status Report filed by Petitioner.
Jul. 14, 2000 Notice Regarding Additional Extension of Time Granted the Andersons in DEP OGC Case No: 00-766 to Petition the Department of Administrative Hearings filed.
Jun. 22, 2000 Order sent out. (the Andersons` motion to dismiss and request for attorney`s fees is denied, case shall remain in abeyance until 7/17/2000)
Jun. 12, 2000 Petitioner`s Response in Opposition to Respondents` Motion to Dismiss and Attorney`s Fees filed.
May 30, 2000 Joint Response to Initial Order filed.
May 23, 2000 Order sent out. (stipulated motion to extend time is granted, and Petitioner shall have an additional 21 days to file response to pending motion to dismiss)
May 18, 2000 (Proposed) Order Granting Stipulated Motion to Extend Time filed by T. Donaldson.
May 18, 2000 (Petitioner) Stipulated Motion to Extend Time filed.
May 17, 2000 Initial Order issued.
May 15, 2000 (J. Wharton) Initial Response to Motion to Dismiss and for Attorneys Fees filed.
May 11, 2000 Other Supportive Documents filed.
May 11, 2000 Petition for Formal Administrative Hearing filed.
May 11, 2000 Agency Action filed.
May 11, 2000 Final Order filed.
May 11, 2000 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record 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