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LAMBCO CORPORATION, INC. vs KENNETH ERLICK AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, 07-004140 (2007)

Court: Division of Administrative Hearings, Florida Number: 07-004140 Visitors: 26
Petitioner: LAMBCO CORPORATION, INC.
Respondent: KENNETH ERLICK AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: T. KENT WETHERELL, II
Agency: Department of Environmental Protection
Locations: Tallahassee, Florida
Filed: Sep. 13, 2007
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Thursday, October 4, 2007.

Latest Update: Dec. 24, 2024
Sep 13 2007 10:19 9/13/2087 1e:88 98582452297 FLDEP PAGE 19/22 Maw O1 2007 10:06 CJ LOFING ENTERPRISES utloemsogs 3¢2: STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Water Resource Management Bureau of Beaches and Coastal Systems 2900 Commonwealth Blvd. - Mail Station 300 Tallahassee, Florida 32299-3000 (850) 488-7708 PERMIT NUMBER: ST-1653 PERMITTEE Kenneth Erlick c/o Thomas G.Tomaselio 1107 Terrace Street Tallahassee, Florida 32308 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 August 28, 2006, and was determined to be complete pursuant to rule on January 10, 2007. However, on April 10, 2007 and again on April 17, 2007, the applicant waived the 90-day processing time limit imposed on the Depariment for processing completed applications pursuant ta Chapter 120, Florida Statutes, until April 24, 2007. The proposed project is to be located landward of the 30-year etasion projection but seaward of the existing line of construction establishéd 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 ta 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 Chief of the Bureau of Beaches and Coastal Systerns has authority to approve or deny pursuant to Delegation of Authority, DEP Directive 100, effective September 27, 2002. 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 ta 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 accupied by, the proposed structures approved pursuant to this permit. Based on the foregoing considerations, the Bureau Chief 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: April 24, 2010 Sep 13 2007 10:19 aa/la/2ae7 1e:ae B5a2d52297 FLDEP PAGE 28/22 May O1 2007 10:06 C4 LOFING ENTERPRISES H41]54y bon r PERMITTEE: Kenneth Erlick PERMIT NUMBER: ST-1653 PAGE 2 LOCATION: Between approximately 447 feet and 497 feet south of the Department of Environmental Protection's teference monument T-51, in Sarasota County. Project address: 656 Beach Road, Sarasota. PROJECT DESCRIPTION: Three-Story, Single-Family Dwelling 1. Location relative ta control line: A maximum of approximately 326.8 feet seaward, 2, Exterior dimensions: 41 feet in the shore-normal direction by 35 feet in the shore-paralle! direction. 3. Type of foundation: Pile foundation. Excavation/Fill 1. Total volume of excavation; Approximately 44 cubic yards. Excavated material to be placed as fill on the project site, 2. Location of excavation: Approximately 320 fect seaward of the control hine. 3. Volume of fill to be placed: Approximately 44 cubic yards. 4, Location of fill to he placed: Approximately 320 feet seaward of the control line. Other Structures/Activities 1. A triangular shaped, on-grade seaward wooden terrace located approximately 346 feet seaward of the coastal construction control line. 2. Four-foot'and 8-foot frangible garden walls located within the front and side yard areas. 3. Shell concrete driveway located landward of the proposed dwelling. 4, Landscape activities and demolition of existing dwelling and ancillary structures. SPECIAL PERMIT CONDITIONS: 1. No work. shall be conducted under this permit until the permittee has received a written notice ta proceed from the Department. ‘ ao/13/2087 18:88 8582452297 FLDEP May OL 2007 10:906_ C1 LOFINO ENTERPRISES D4aic+u acs a Sep 13 2007 10:19 PERMITTEE: Kenneth Erlick PERMIT NUMBER: ST-1653 PAGE 3 Prior to issuarice of the notice to proceed, the permittee shall provide the Bureau staff with a lighting plan for review and approval. The lighting plan shall depict temporary coustruction and permanent exterior lighting appropriate for the protection of marine turtles, The symbol BEGA 8724 shall be revised to 40 or less than 40 watts in the proposed lighting fixtures as described in the lighting plan. : : Prict 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 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. Contact Steve West at 1-877-314-1329 (toll-free pager service) for an appointment, 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, ot if a hearing is requested, disposition ‘of the hearing request has been made. Any existing invasive nuisance species listed in the Florida Exotic Pest Plant Council's May 2003 List of Invasive Species Category J and I and including, but not limited to, Australian Ping, Brazilian Pepper, and Australian Scaevola shall be removed. Areas disturbed due tc vegetation removal shali be planted with salt-tolerant native vegetation indignequs to the site or adjacent sites, such as sea oats, railroad vine, cordgrass, partic grass, dune sunflower or other native shrub and groundlover species approved by Bureau staff at the preconstruction conference. All rubble and debris resulting from the demolition activities shall be removed to a location landward of the coastal construction control linc. All excavated material shall remain on the site seaward of the control Jine and within the immediate vicinity of the excavation. Prior to commencement of construction activity authorized by this permit, a temporary construction fence shall be.erected along the perimeter of the permitted activity. The fence shall remain in place until the construction authorized by this permit is complete. The aptimum siting of the construction fence shall be determined during the preconstruction conference by the staff representative so as to provide maximum protection to the existing vegetation located on the site and adjacent property. All lighting shall be installed and maintained as depicted in the approved lighting schematic, No additional permanent exterior lighting is authorized. PAGE 21/22 aa/la/2ae7 1e:ae _ BSe2d52297 FLDEP Sep 1S 2007 1020 . . PAGE 22 May G1 2007 10:07 G3 LOFING ENTERPRISES adig4yveun 22/22 PERMITTEE: Kenneth Erlick PERMIT NUMBER: ST-1653 PAGE 4 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 petmitted 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. 24 aes i Done and ordered this day of Apes 2007, in Tallahassee, Florida. Attachment: General Permit Conditions FILING AND ACKNOWLEDGEMENT State of Florida FILED, on this date, pursuant to $120.52 Department of Environmental Protection Florida Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. MLS L af - -_, bs Michael R. Bamett, P.E., Chief puty fclerl fate: Bureau of Beaches and Coastal Systems

Docket for Case No: 07-004140
Source:  Florida - Division of Administrative Hearings

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