Notice of Variances and Waivers
RULE NO: RULE TITLE
40E-6.011: Policy and Purpose
NOTICE IS HEREBY GIVEN that on May 14, 2009, the South Florida Water Management District (District or SFWMD) has issued an order.
SFWMD Order No. 2009-121-DAO-ROW was issued to the Town of Davie (Application No. 08-1229-5). The petition for waiver was received by the SFWMD on March 6, 2009. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 35, No. 12, on March 27, 2009. No public comment was received. This Order provides a waiver of the District’s criteria for the addition of three (3) equestrian bridges, handrails, bollards, and signs all within the C-11 south right of way adjacent to 66th way, 70th Terrace and 73rd Terrace; Section 27, Township 50 South, Range 41 East, Broward County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), F.A.C., 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), F.A.C., which governs the placement of permanent and/or semi-permanent above-ground facilities within 40 feet 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 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 would prevent the Town of Davie from a suffering a substantial hardship.
A copy of the Order may be obtained by contacting: Kathie Ruff, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, (561)682-6320 or by email: kruff@sfwmd.gov.