The South Florida Water Management District hereby gives notice:
that on September 21, 2011, the Executive Director of the South Florida Water Management District (SFWMD) issued an Order Granting Variance under Section 120.542, Florida Statutes (SFWMD 2011-175-DAO-ERP), to the City of Fort Myers, concerning a project known as the Fort Myers Riverfront Redevelopment. The petition for variance was received by the SFWMD on May 12, 2011. Notice of receipt of the petition requesting the variance was published in the Florida Administrative Weekly, Vol. 37, No. 22, on June 3, 2011. No public comment was received. This Order provides a variance for the proposed construction and operation of a 1.37 acre wet detention system to serve Phase I of the City of Fort Myers (City) Riverfront Redevelopment District and conceptual approval for the remaining mixed use commercial development, located in Lee County; Section 13, Township 44 South, Range 24 East. Specifically, the Order grants a Variance from Section 6.4 of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District, which is incorporated by reference in Rule 40E-4.091, Florida Administrative Code, concerning flood protection of building floors. Generally the Order sets forth the basis of the Governing Board decision to grant the Variance as follows: 1) the facilities will not significantly interfere with the SFWMD’s ability to perform necessary construction, alteration, operation and maintenance activities; and 2) the Order Granting Variance from the subject rule would prevent the City of Fort Myers from suffering a substantial hardship.
A copy of the Order or additional information may be obtained by contacting:
Water Resource Regulation Department, during normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday, except legal holidays, at 3301 Gun Club Road, West Palm Beach, FL 33406; by telephone: (561)682-6911, by e-mail: permits@sfwmd.gov; or, by accessing the District’s website: www.sfwmd.gov using the Application/Permit Search on the ePermitting page.
For additional information, contact: Dan Waters at (239)338-2929, ext. 7763 or e-mail: dwaters@sfwmd.gov.