NOTICE IS HEREBY GIVEN that on November 13, 2009, the South Florida Water Management District (“District” or “SFWMD”) has issued an order.
SFWMD Order No. 2009-284-DAO-ROW was issued to David Fox (Application No. 09-723-1). The petition for waiver was received by the SFWMD on August 14, 2009. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 35, No. 35, on September 4, 2009. No public comment was received. This Order provides a waiver of the District’s criteria to allow a portion of an existing fence enclosure, shed, trees and hedges within 40 feet of the top of the canal bank and an existing dock addition with buried water service, an existing patio and asphalt area to remain within the C-16 Canal right of way, Section 20, Township 45 South, Range 40 East, Palm Beach County. Specifically, the Order grants a waiver from subsections 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 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 Petitioner from a suffering a substantial hardship.
A copy of the Order may be obtained by contacting: Juli Russell, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, (561)682-6268 or by email: jurussel@sfwmd.gov.