The South Florida Water Management District (District) hereby gives notice:
On January 12, 2012, the District’s Governing Board issued SFWMD Order No. 2012-008- DAO-ROW to Rafael Garcia (Application No. 11-1202-2). The petition for waiver was received by the District on December 2, 2011. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 37, No. 50, on December 16, 2011. No public comment was received. This Order provides a waiver of the District’s criteria to allow existing pavers, palm trees and utility services with above-ground electrical panel with pedestal located within the north right of way of C-51 at the rear of 234 Arlington Road to remain; Section 15, Township 44 South, Range 43 East, Palm Beach County. Specifically, the Order grants a waiver from subsection 40E-6.011(4) and (6), Florida Administrative Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District, incorporated by reference in subsection 40E-6.091(1), Florida Administrative Code, which governs the placement of permanent and/or semi-permanent above-ground facilities within 40' of the top of the canal bank within works or lands of the District. Generally, the Order sets forth the basis of the Governing Board decision to grant the waiver as follows: 1) the existing facilities will not significantly interfere with the District’s current ability to perform necessary construction, alteration, operation, and routine maintenance activities; and 2) the Order granting a waiver from the subject rule is based upon principles of fairness.
A copy of the Order or additional information may be obtained by contacting:
Juli Russell, South Florida Water Management District, 3301 Gun Club Road, MSC #1410, West Palm Beach, Florida 33406-4680, (561)682-6268 or by email: jurussel@sfwmd.gov.