Issue link: https://newsleader.uberflip.com/i/325356
variance and waiver" under Florida State Statute 120.542. That law allows for the granting of variances and waivers "when the person subject to [a uniformly applica- ble rule] demonstrates that the purpose of the underlying statute will be or has been achieved by other means by the person and when application of a rule would create a substantial hardship or would violate princi- ples of fairness." For purposes of that section, the statute continues, "'substantial hardship' means a demonstrated economic, technological, legal, or other type of hardship to the person requesting the variance or waiver." "In the meantime," Amanda Kenney wrote, "Bob's has taken and is taking action to keep patrons out of the fountain." Higginbotham told the News Leader last month that his department had received reports of people in the approximately 20-foot-long body of shallow water near the bar and part of the restaurant's dining area. In checking with county staff, Higginbotham added, he learned that the pool was indicated as a fountain in construction plans submitted to the Sarasota County Building Department and that the county had issued a permit to the business to use the structure as a fountain. In her May 30 letter — which Higginbotham told the News Leader he had received only by email as of June 2 — Kenney noted that Higginbotham's May 20 Cease and Desist order "refers to the fountain at Bob's as a swimming pool. It is not a swimming pool." Kenney added, "I have reviewed the construc- tion plans for the subject fountain submitted A photo posted on the Bob's Boathouse Facebook page in April showed a man sitting in the pool. Photo courtesy Florida Department of Health Sarasota News Leader June 6, 2014 Page 40