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SHELDON J. AND BARBARA SCHLESINGER vs GAIL M. GORDON AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, 07-003166 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-003166 Visitors: 19
Petitioner: SHELDON J. AND BARBARA SCHLESINGER
Respondent: GAIL M. GORDON AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Environmental Protection
Locations: Miami, Florida
Filed: Jul. 12, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, January 10, 2008.

Latest Update: Dec. 23, 2024
STATE OF FLORIDA NOTE: THIS AUTHORIZATION DEPARTMENT OF ENVIRONMENTAL PROTECTION IS DIFFERENT FROM THE Division of Water Resource Management Es stal st ORIGINAL REQUEST. SEE uP 3900 Commonwealth Blvd. - Mail Station 300 SPECIAL PERMIT CONDITIONS. FLORIBA Tallahassee, Florida 32399-3000 (850) 488-7708 PERMIT NUMBER: DA-531 PERMITTEE 0 7 ~ S| (% Y Gail M. Gordon c/o Adrian Lyew-Ayee, Project Manager Coastal Systems International, Inc. 464 South Dixie Highway Coral Gables, Florida 33146 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 that are indicated in the project description, was filed by the applicant/permittee named herein on December 8, 2006, and was determined to be complete pursuant to rule on February 22, 2007. 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 of this permit 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 Sections 62B-33.005, Florida Administrative Code; and that it is an activity or type of construction which the designee of the Chief of the Bureau of Beaches and Coastal Systems has authority to approve or deny pursuant to Delegation of Authority, DEP Directive 137, effective May 14, 2001. The direct and cumulative impacts to the beach and dune system that will be caused by 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, 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 General Permit Conditions which are attached and are by this reference incorporated herein, and any additional conditions shown below, pursuant to Section 161.053(5), Florida Statutes. EXPIRATION DATE: May 23, 2010 LOCATION: Between approximately 338 feet and 438 feet south of the Department of Environmental Protection's reference monument R-4, in Dade County. Project address: 365 Ocean Boulevard, Golden Beach. PERMITTEE: Gail M. Gordon PERMIT NUMBER: DA-531 PAGE 2 PROJECT DESCRIPTION: Three-Story, Single-Family Dwelling 7 3 } i 1. Location relative to control line: A maximum of 88.9 feet seaward. 2. Exterior dimensions: A maximum of 110 feet in the shore-normal direction by a maximum of 80 feet in the shore-parallel direction. 3. Type of foundation: Piles. 4. Elevation of understructure area: +11.0 feet NAVD). Swimming Pool 1. Location relative to control line: See Special Permit Condition 2. 2. Exterior dimensions: A maximum of 27.0 feet in the general shore-normal direction by a maximum of 42.3 feet in the general shore-parallel direction. 3. Type of foundation: Piles. 4. Deck elevation of swimming pool: +17.2 feet (NAVD). 5. Bottom elevation of swimming pool: +11.2 feet (NAVD). 6. Maximum depth of swimming pool: 5.5 feet. Spa 1. Location relative to control line: A maximum of 114 feet seaward. 2. Exterior dimensions: 1-foot diameter. 3. Deck elevation of spa: +13.1 feet (NAVD). Excavation/Fill 1. Volume of excavation seaward of the control line for pool and grading: Approximately 45.6 cubic yards. Volume of net excavation: None; excavated material to be placed as fill on the project site. 2. Location of excavation: Across the site to a maximum distance of 140 feet seaward of the control line. 3. Maximum depth of excavation: To elevation +11.0 feet (NAVD); 2 feet below existing grade. 4. Volume of fill to be placed: Approximately 1,100 cubic yards. } j PERMITTEE: Gail M. Gordon PERMIT NUMBER: DA-531 PAGE 3 Location of fill to be placed: Across the site to a maximum distance of 147 feet seaward of the control line. . Other Structures/Activities 1. Renovate the existing cabana of dimensions 11.4 feet shore-normal by 13.9 feet shore-parallel is to be located a maximum distance of 137.7 feet seaward of the control line. A 10.5-foot by 10.5-foot pavers on sand pool deck area is to be located a maximum distance of 146.7 feet seaward of the control line. - A stone paver over sand deck/patio area between the dwelling, swimming pool and cabana. Access ramp is to be located a maximum of 143.8 feet seaward of the control line. Landscape activities to be located a maximum of 137.7 feet seaward of the control line. Dune enhancement activities to be located a maximum distance of 280 feet seaward of the control line. See Special Permit Condition 4. SPECIAL PERMIT CONDITIONS: 1. 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 revised detailed site and grading plans. These documents shall be signed and sealed by the design engineer or architect (as appropriate), who must be licensed in the State of Florida. The plans and specifications shall be subject to approval from the staff of the Bureau of Beaches and Coastal Systems, and shall include or reflect the following: The proposed pool relocated landward to a maximum distance of 136 feet seaward of the control line. : Prior to issuance of the notice to proceed, the permittee shall provide staff with a copy of the building permit or other final approval from the Town of Golden Beach. Prior to issuance of the notice to proceed, the permittee shall provide the Bureau staff with two copies of a dune enhancement plan as mitigation for impacts associated with the project in accordance with the requirements of Special Permit Condition 10. The plans shall, at the minimum, include planting of native salt-resistant, dune stabilizing vegetation in the dune system. The mitigation shall be performed prior to completion of the project. The plans and work shall be subject to approval from the staff of the Bureau of Beaches and Coastal Systems. Prior to issuance of the notice to proceed, the permittee shall provide the Bureau staff with a revised lighting plan for review and approval. The lighting plan shall be revised to reflect the following: Fixture “B” showing bulbs not to exceed 40 watts. + i ‘ : PERMITTEE: Gail M. Gordon PERMIT NUMBER: DA-531 PAGE 4 10. 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. 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 Bureau of Beaches and Coastal Systems (contact Wesley Cich at toll-free pager number 1-877-314-1329) to establish an understanding among the parties as to the items specified in the special and general conditions of the permit. The proposed locations of the structures shall be staked out for the conference. All rubble and debris resulting from this construction shall be removed to a location landward of the coastal construction control line. 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. Prior to completion of construction activity, the permittee shall have established a restored dune according to the approved dune restoration plan and the following conditions: The permittee shall restore the dune system as depicted on the plans, as well as any area disturbed during construction and shall re-vegetate the disturbed areas with native dune vegetation plants. Plantings shall consist of salt- tolerant species indigenous to the native plant communities existing on or near the site or with other native species approved by the Department. Sod composed of non-native grasses is not authorized seaward the control line. Plantings shall not include invasive nuisance plant species such as listed in the Florida Exotic Pest Plant Council’s May 2003 List of Invasive Species Category I and II. 10.1. The permittee shall place clean, beach compatible sand to create a stable berm seaward of the major structure and continuous with the natural dune features in the area as depicted in the approved grading plans. The seaward toe of the fill is to be located so as not to interact with high frequency storm events. Side slopes matching the slope of natural dunes in the area. The berm crest elevation of is to be set at the crest elevation of natural dunes in the area. 10.2. Permittee shall plant a mix of a minimum of three different species of native tolerant vegetation, including sea oats and railroad vine. Dune restoration plants shall be spaced throughout the designated area in staggered rows a maximum distance of 18 inches apart. Grass planting units shall be installed a minimum of 6 inches deep. The permittee shall fertilize, and water-in the planting units at the time of installation and irrigate and fertilize only as necessary until the plants are established and meet the survival criteria below. 10.3. Within 180 days, a minimum 80 percent overall survival rate of the planting units will be established and 80 percent of the planted area covered with the selected species. The permittee shall replant all deficient areas and maintain the plantings until the above success criterion are met. Irrigation systems and other structures placed during plant installation shall be removed only after approval of planting success by the Department and within thirty days from the submittal for final project certification. 3 j PERMITTEE: Gail M. Gordon PERMIT NUMBER: DA-531 PAGE 5 11. 10.4. The dune restoration area shall be protected from foot traffic or other encroachments. Signs, rope and bollard barriers, or sand fencing will be constructed as required by the Department field representative to prevent trampling of vegetation and erosion of the dune feature. 10.5. Prior to submitting the final certification, the permittee shall submit an as-built plan prepared and certified by a licensed landscape architect showing the dune restoration. All lighting shall be installed and maintained as depicted in the approved lighting schematic. No additional permanent exterior lighting is authorized. CAVEATS: 1. 3. Approved plans are incorporated into Done and ordered this 23 ° day of Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT FILED, on this date, pursuant to $120.52 Florida Statutes, with the designated Department Clerk, receipt of which is hereby 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 permitted which would exceed the limits established by the permitted construction seaward of the coastal construction control line. The plans reviewed by the Department indicate that the proposed understructure walls appear to be designed inconsistently with the standards of Section 3109 of the Florida Building Code for structures located seaward of the Coastal Construction Control Line. Therefore, by approving this permit request, the Department does not endorse or certify the adequacy of the authorized work, and does not guarantee or warrant that such work will be sufficient to prevent immediate or future collapse during a 100-year coastal storm event. No retaining wall is authorized under this permit along the seaward edge of the pool deck. ermit by reference. 2007, in Tallahassee, Florida. F ne a oem samen ne nemses tasty apaana teste new mT Sere SES ate df REGISTRATION y S47 RAMON PACHECO architect & planner eso ad enenge me fy abn Tri SiN tps 0K) AN TY [p a a eo) oO i oo g < iY, 7 an i ub / § Bes 1) ne kk Bris Hi e i E

Docket for Case No: 07-003166
Issue Date Proceedings
Jan. 10, 2008 Order Closing File. CASE CLOSED.
Jan. 10, 2008 Exhibit A to Stipulated Settlement Agreement filed.
Jan. 07, 2008 Stipulated Settlement Agreement filed.
Jan. 03, 2008 Order Continuing Case in Abeyance (parties to advise status by January 4, 2008).
Dec. 21, 2007 Third Joint Status Report filed.
Dec. 10, 2007 Order Continuing Case in Abeyance (parties to advise status by December 21, 2007).
Dec. 07, 2007 Second Joint Status Report filed.
Dec. 03, 2007 Order Continuing Case in Abeyance (parties to advise status by December 7, 2007).
Nov. 30, 2007 Joint Status Report filed.
Oct. 22, 2007 Order Cancelling Hearing and Placing Case in Abeyance (parties to advise status by November 30, 2007).
Oct. 19, 2007 Joint Request to Cancel Hearing and Stay Proceedings filed.
Aug. 07, 2007 Order of Pre-hearing Instructions.
Aug. 07, 2007 Notice of Hearing (hearing set for October 24 through 26, 2007; 9:00 a.m.; Miami, FL).
Aug. 03, 2007 Department of Environmental Protection`s Supplemental Response to Initial Order filed.
Jul. 20, 2007 Department of Environmental Protection`s Response to Initial Order filed.
Jul. 13, 2007 Initial Order.
Jul. 12, 2007 Final Order filed.
Jul. 12, 2007 Notice of Issue of Construction Control Line Permit filed.
Jul. 12, 2007 Petition for Formal Administrative Hearing filed.
Jul. 12, 2007 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
Source:  Florida - Division of Administrative Hearings

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