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SCOTT BROWNSTEIN, THOMAS HORTON, JANET HORTON, AND GEORGIA MASON vs RONALD SACINO, SHERRY SACINO, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION, 08-006117 (2008)

Court: Division of Administrative Hearings, Florida Number: 08-006117 Visitors: 17
Petitioner: SCOTT BROWNSTEIN, THOMAS HORTON, JANET HORTON, AND GEORGIA MASON
Respondent: RONALD SACINO, SHERRY SACINO, AND DEPARTMENT OF ENVIRONMENTAL PROTECTION
Judges: J. LAWRENCE JOHNSTON
Agency: Department of Environmental Protection
Locations: Port Charlotte, Florida
Filed: Dec. 08, 2008
Status: Closed
Settled and/or Dismissed prior to entry of RO/FO on Wednesday, January 6, 2010.

Latest Update: Jun. 14, 2024
Dec 8 2008 15:09 12/68/2088 15:87 B5a2d52297 FLDEP PAGE 14/16 G6/a2/2088 87:41 1944 #7385 CcARa ¢ PAGE 5/88 STATE OF FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION Division of Water Aasdoree Misragemernt Bureau of Beaches and Qoautal Syateme 2900 Commenweelth Blvd, - Vail Station 300 ‘Toltshautaa, Flogda 259-3000 : (880) 486-7768 PERMIT NUMBER: CH-546 " PERMITTEE Ronald A. and Sherry Savina : ofp Krie W. Thoemke, Pi.D., CEP, Senior Scientist Coastal Engineering Consultants, Inc, 3166 South Horseshoe Drive Naples, Florida 34104. PERMIT FOR CONSTRUCTION OR OTHER.ACTIVITIBS _ PURSUANT TO SECTION 161.053, FLORIDA STATUTES FINAL ORDER FINDINGS OF FACT: An applivation for authorization to conduct the activities seaward ofthe coastal canstruction control line thet are indicated in the project description, was filed by the applicant/pernities named herein on November 7, 2007, and was determined to be complete pursuant to rule on January 29, 2008. However, on Apri] 23, 2008, the applinant waived the S0-day processing time limit for the projects which are determined to be complete pursuant to Section 120.60(1), Florida Statutes until May 19, 2008. The proposed project is ta be looated seaward of the 30-year erosion projection. ; CONCLUSIONS OF LAW: After cansideting the merits of the proposal and any written objections fom affected persons, the Department finds that wpon compliance with the permit conditions, the activities indicated in the project description of this permit are of such a natura that they will result in no significant advene impacts to the beach/dime areas ot 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 ih accordance with Section 628-33.005, Flavide Administrative Code: and that it is an activity or type of construction whieh the Chief” of tha Burseu of Besehes and Coastal Systems has authority to approve or deny pursuatit to Delegation of Authority, DEP Directive 100, affective September 27, 2002. The direot and cumulative impacts to the beach and dune system that will be caused by the seaward location and shore-parallel width of the proposed ocnatruction represent the maximum such, itnpacts that are acceptable to the Department. Therefre, future construction on the site seaward of the coastal consttudtion contol line shall not extend further seaward of, or increase the shore-paralle] coverage occupied by, the proposed structures approved pursuant to this permit, Based on the fregsing considerations, the Bureau Chief approves the application; authorizes construction and/or activities at the Jooation indicated below in sirjot accordance with the project description, the approved plans (if any) and the General Permit Conditions which are attached and are by this relrence incorporated herein, and any additional conditions shown, below, pursuant to Section 161,083(5), Florida Statutes. : , EXPIRATION DATE: May 19, 2011 LOCATION: Between approximately 290 feer and 380 feet north of the Department of Environmental Protection's reference monument 2-34, in Charlotte County. Project address: 4 Adele Way, Englewood. Dec 8 2008 15:09 12/ae/28ee 15:87 B5a2d52297 FLDEP PAGE 15/16 ea/az/2Mea a7:45 «1941. 888 ccaRG ( PAGE 2/83 PERMITTER: Ronald. A, and Sherry Sacino PERMIT NUMBER: CH-546 PAGE 2 . . PROJECT DESCRIPTION: Single-Family Dwalling i. Location zalstive to control line: A maximum of 250.6 fect seaward, 2, Exterior dimensions: Approximately 54 feet in the shore-normal direction by 45 fet in the shore-parallal ion. ; a 3, Type of foundation: Pile. Excavation Fill 1. Total volume of excavation: Approximately 60 cuble yards of temporary exeavetion. Volume of set exonvation: Notes; sreavated noaterial to be placed as fill on the projent site within area of the soplic system, 2, Location of excavation: Froin 175 feet to 190 fest seaward ofthe control line, 4. Volume of fill to be placeds, Approximately 60 cubis yards, | 4, Location of fill te be planed: From 175 feet to 190 feet sexward of the control line, Other Sireturee/ Activities . 1. A. seaward stairway is to be loonted approximately 250 feet seaward of the control line. ) 2. A Jandward covered stairway. 3. A saptie system and draintield system landward of the proposed building is to be located approximately 190 feet seaward of the control line. 4, A Jantward driveway. 5. Lendscape plantings. A 6. _ Extarior lighting. ‘, SPECIAL FERMIT CONDITIONS: Ly Construction. aetivity authorized by this permit ahall not commence until after the time period provided in the public notice for the public to exercise eny rights they may have under Chepter 120, Florida Stamites, has expired, or ifs hearing is tequestad, disposition of the hearing request has been rads, ) , Dec 8 2008 15:10 12/ae/28ee 15:87 B5a2d52297 FLDEP PAGE 16/16 “pe/e2/2eee 7:45 8 194f | 7888 coARG f PAGE 93/28 PERMITTEE: ‘Ronald A. and Sherry Jacino . PERMIT NUMBER: CH-346 PAGE 3 2, Prior to corimencement of construction activity authorized by this penmit, a precansttuction conference shall be hald at the site among the contractor, the owner or authorized agent, and a staff representative of the Bureau of Beagles and Coastal Systema to establish an understanding among the parties as to the items spenified in the special and general conditions of the permit, The progased locations of the strictures shall. be stalked out for the conference, Contact Jennifer Cowart at the toll-fres massage center phone number J- 877-314-1329 ta schedule a conference, The proposed locations of the structures shall be staked out for the conterence. 3, Prior io commencement of construction activity authorized by this permit, a tomporery construction fence shall be erected along the perimeter of the permitted activity. The ferice shall ratuain in place until the constuction authorized by this permit le complete. The optimum siting of the construction fence shal! be determined duting the preeonstruction conference by the staff representative so ag to provide maximum profestion to the existing yegetntion located on the site. 4, Prior to installation of the septic tank and drainfield system, the pormittee shall avimitto the Department evidence of lord! approval fom the County Health Deparenent for the installation of the septic tank and drainGield system. A copy of the septic tank and drainfield permit-fton the County Health Department will satisfy this condition, . 5, All lighting shall be installed and maintained as depitted in the approved lighting schematic. No additonal permanent exterior lighting is authorized. : CAVEAT: Dus to potential adverse impacts to the beach and dune system that may reniit ftom additional development on the propery, the shore-patallel and seaward extent of the permitted structures shal! not be increased, nor will any additional major structires be permitted which would exceed tha limits established by the pertnitted construction seaward of the coastal construction eaatrol line, ‘ Approved plans are inameporated inte thie pennit by reference. fh Done and ordered this _/ 9 day of / Dang 2008, in Tallahassee, Florida, Attachment: Gener] Parmnit Conditions FILING AND ACKNOWLEDGEMENT FILED, State of Florida on this dite, pursuant ty $126,592 Florida Department of Environmental Protention Statutes, with the designated Department Clerk, receipt of which is hereby acknowledged. of a gta aa Sete t Michael R. Bdrnett, @E, Chis? Bureau of Beaches and Coastal Systema

Docket for Case No: 08-006117
Issue Date Proceedings
Jan. 06, 2010 Order Closing File. CASE CLOSED.
Jan. 06, 2010 Settlement Stipulation and Joint Motion to Relinquish Jurisdiction filed.
Sep. 10, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for January 20 through 22, 2010; 9:00 a.m.; Port Charlotte, FL).
Sep. 10, 2009 Joint Motion to Continue filed.
Aug. 20, 2009 Respondent Sacinos' Request for Case Management Conference filed.
Aug. 18, 2009 Respondents Sacinos' Third Request for Admissions to Petitioners filed.
Aug. 12, 2009 Notice of Service of Respondents Sacinos' Fifth Interrogatories to Petitioner Thomas Horton filed.
Aug. 12, 2009 Notice of Service of Respondents Sacinos' Fifth Interrogatories to Petitioner Georgia Mason filed.
Aug. 12, 2009 Notice of Service of Respondents Sacinos' Fifth Interrogatories to Petitioner Janet Horton filed.
Aug. 12, 2009 Notice of Service of Respondents Sacinos' Fifth Interrogatories to Petitioner Scott Brownstein filed.
Aug. 04, 2009 Sacinos' Objections to Interrogatories and Requests to Produce Served on July 2, 2009 filed.
Jul. 31, 2009 Respondent Sacinos' Second Request for Admissions to Petitioner filed.
Jul. 31, 2009 Notice of Service of Respondents Sacinos' Fourth Interrogatories to Petitioner Georgia Mason filed.
Jul. 31, 2009 Notice of Service of Respondents Sacinos' Fourth Interrogatories to Petitioner Thomas Horton (complete) filed.
Jul. 31, 2009 Notice of Service of Respondents Sacinos' Fourth Interrogatories to Petitioner Scott Brownstein (complete) filed.
Jul. 31, 2009 Respondent Sacino's Request for Admissions to Petitioners (complete) filed.
Jul. 27, 2009 Respondent Sacino's Request for Admissions to Petitioners (without signature) filed.
Jul. 27, 2009 Notice of Service of Respondents Sacinos' Fourth Interrogatories to Petitioner Georgia Mason (without signature and certificate of service date) filed.
Jul. 27, 2009 Notice of Service of Respondents Sacinos' Fourth Interrogatories to Petitioner Jane Horton (without signature and certificate of service date) filed.
Jul. 27, 2009 Notice of Service of Respondents Sacinos' Fourth Interrogatories to Petitioner Thomas Horton (without signature and certificate of service date) filed.
Jul. 27, 2009 Notice of Service of Respondents Sacinos' Fourth Interrogatories to Petitioner Scott Brownstein (without signature and certificate of service date) filed.
Jul. 14, 2009 Respondent Sacinos' Fourth Request to Produce filed.
Jul. 02, 2009 Notice and Certificate of Service of Petitioners' First Set of Interrogatories to Respondents, Ronald and Sherry Sacino filed.
Jul. 02, 2009 Notice and Certificate of Service of Petitioners' First Request for Production of Documents to Respondents, Ronald and Sherry Sacino filed.
Jul. 02, 2009 Order Granting Continuance and Re-scheduling Hearing (hearing set for October 6 through 8, 2009; 9:00 a.m.; Port Charlotte, FL).
Jul. 01, 2009 Joint Motion for Postponement of Hearing and Request for New Order of Pre-hearing Instructions filed.
Jun. 25, 2009 Respondents Sacinos' Subpoena Duces Tecum without Deposition filed.
Jun. 15, 2009 Notice and Certificate of Service of Petitioner's Filing Response to Respondents Sacinos' Second Interlocking Discovery Request filed.
Jun. 15, 2009 Respondents Sacinos' Third Interlocking Discovery Request (Georgia Mason) filed.
Jun. 15, 2009 Respondents Sacinos' Third Interlocking Discovery Request (Thomas Horton) filed.
Jun. 15, 2009 Respondents Sacinos' Third Interlocking Discovery Request (Janet Horton) filed.
Jun. 15, 2009 Respondents Sacinos' Third Interlocking Discovery Request (Scott Brownstein) filed.
Jun. 15, 2009 Notice of Service of Respondents Sacinos' Third Interlocking Discovery Request filed.
Jun. 15, 2009 Respondents Sacinos' Third Request to Produce filed.
May 15, 2009 Notice of Service of Respondents Sacinos` Second Interlocking Discovery Request filed.
Mar. 27, 2009 Notice and Certificate of Service of Petitioner`s Filing Response to Respondents Sacinos` First Interlocking Discovery Request filed.
Mar. 20, 2009 Notice of Hearing (hearing set for August 4 through 6, 2009; 9:00 a.m.; Port Charlotte, FL).
Mar. 20, 2009 Order of Pre-hearing Instructions.
Mar. 20, 2009 Joint Status Report filed.
Jan. 29, 2009 Notice of Service of Respondents Sacinos` First Interlocking Discovery Request filed.
Jan. 29, 2009 Notice of Appearance (filed by W. Ross).
Jan. 29, 2009 Joint Response to Initial Order filed.
Jan. 21, 2009 Order Granting Extension of Time (response to the Initial Order to be filed by January 28, 2009).
Jan. 20, 2009 Amended Joint Status Report filed.
Jan. 20, 2009 Joint Status Report filed.
Dec. 09, 2008 Initial Order.
Dec. 08, 2008 Final Order filed.
Dec. 08, 2008 Petition for Formal Administrative Hearing filed.
Dec. 08, 2008 Request for Assignment of Administrative Law Judge and Notice of Preservation of Record filed.
Source:  Florida - Division of Administrative Hearings

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