Notice of Variances and Waivers

DEPARTMENT OF ENVIRONMENTAL PROTECTION
Division of Beaches and Shores
RULE NO: RULE TITLE
62B-33.002: Definitions
62B-33.0051: Coastal Armoring and Related Structures
NOTICE IS HEREBY GIVEN that on January 29, 2009, the Bureau of Beaches and Coastal Systems has issued an order.
A petition was filed on February 19, 2008, by James R. Spires and Michelle M. Spires, regarding the property located at 59 Pelican Cir., Panama City Beach (Walton County). Notice of receipt of this petition was published in the Florida Administrative Weekly on March 7, 2008. The Petitioners sought a variance or waiver from subparagraph 62B-33.0051(1)(a)1., F.A.C., which requires that a structure be eligible in order to be authorized for construction of coastal armoring, from subsection 62B-33.002(64), F.A.C., which defines and requires that a vulnerable structure must be an eligible structure, and from subparagraph 62B-33.0051(1)(a)2. F.A.C., which requires that a vulnerable structure be an eligible structure. No public comment was received.
The variance is granted based upon the Petitioner’s demonstration that a strict application of the rule would result in substantial hardship and because Petitioners have demonstrated that the variance would serve the purposes of the underlying statute.
A copy of the Order may be obtained by contacting: Rosaline Beckham, Department of Environmental Protection, Bureau of Beaches and Coastal Systems, 3900 Commonwealth Boulevard, Mail Station 300, Tallahassee, Florida 32399-3000, (850)488-7815, or by e-mail at: rosaline.beckham@dep.state.fl.us.