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
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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
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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. ‘
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a
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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.
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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
Issue Date |
Proceedings |
Oct. 04, 2007 |
Order Closing File. CASE CLOSED.
|
Oct. 03, 2007 |
Notice of Voluntary Dismissal filed.
|
Sep. 28, 2007 |
Order of Pre-hearing Instructions.
|
Sep. 28, 2007 |
Notice of Hearing (hearing set for November 27, 2007; 9:00 a.m.; Tallahassee, FL).
|
Sep. 13, 2007 |
Initial Order.
|
Sep. 13, 2007 |
Final Order filed.
|
Sep. 13, 2007 |
Approval of Permit Application filed.
|
Sep. 13, 2007 |
Amended Petition for Administrative Hearing filed.
|
Sep. 13, 2007 |
Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
|