On October 25, 2024, the South Florida Water Management District denied Bimini Square, LLC’s (“Petitioner”) Petition for Variance filed on April 2, 2024 (Variance Application No. 240329-43097/Permit No. 36-110649-P, regarding ....

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

RULE NO.:RULE TITLE:

40E-4.091Publications, Rules and Interagency Agreements Incorporated by Reference

The South Florida Water Management District hereby gives notice: On October 25, 2024, the South Florida Water Management District denied Bimini Square, LLC’s (“Petitioner”) Petition for Variance filed on April 2, 2024 (Variance Application No. 240329-43097/Permit No. 36-110649-P, regarding Application No. 230718-39473/Permit No. 36-109871-P), located in Lee County, Florida. The Petition sought a variance from the requirement in Section 3.4 of the “Environmental Resource Permit Applicant’s Handbook Volume II: For Use Within the Geographic Limits of the South Florida Water Management District”, effective May 22, 2016, incorporated by reference in Rules 40E-4.091 and 62-330.010, F.A.C. (“A.H. Vol. II”), which requires building floors to be at or above the 100-year flood elevation. Petitioner sought approval to construct an 8,719 square feet commercial use portion of a mixed-use building with a finished floor elevation of +6.20 National Geodetic Vertical Datum, which is below the 100-year flood elevation. Petitioner demonstrated that the underlying purpose of Chapter 373, Fla. Stat., will be or has been achieved by other means. However, Petitioner failed to demonstrate that strict application of Section 3.4, A.H. Vol. II, has or will result in a substantial hardship to Petitioner. Notice of receipt of the Petition for Variance was published in the Florida Administrative Register, Vol. 50, No. 72 on April 11, 2024.

A copy of the Order or additional information may be obtained by contacting:

Regulation Division during the normal business hours of 8:00 a.m. – 5:00 p.m., Monday through Friday, except legal holidays, at 3301 Gun Club Road, West Palm Beach, FL 33406; by telephone at [phone]; by e-mail at [e-mail]; or, by accessing the District’s website (www.sfwmd.gov) using the Application/Permit Search on the ePermitting page.