Waiver under Section 120.542, Florida Statutes (SFWMD 2006-173-DAO-ROW), on November 9, 2006, to Donnil Kenney Jr. and Jodie D. Kenney. The petition for waiver was received by the SFWMD on September 26, 2006. Notice of receipt of the petition ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

NOTICE IS HEREBY GIVEN that the South Florida Water Management District (SFWMD) Governing Board issued an Order Granting Waiver under Section 120.542, Florida Statutes (SFWMD 2006-173-DAO-ROW), on November 9, 2006, to Donnil Kenney Jr. and Jodie D. Kenney. The petition for waiver was received by the SFWMD on September 26, 2006. Notice of receipt of the petition requesting the waiver was published in the F.A.W., Vol. 32, No. 41, on October 13, 2006. No public comment was received. This Order provides a waiver of the District’s criteria for the proposed addition of one boat slip (for a maximum of 10 slips); an existing asphalt parking area, deck with railing, and landscaping consisting of palms and seagrapes to remain within the south right of way of C-17 at the rear of 318 and 324 Southwind Drive; S16/T42S/R43E, Palm Beach County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), and paragraph 40E-6.221(2)(j), Florida Administrative Code, and the Basis of Review for Use or Occupancy of the Works or Lands of the District Permit Applications within the South Florida Water Management District, incorporated by reference in subsection 40E-6.091(1), Florida Administrative Code, which governs the maximum allowable number of boat slips within the District canals, prohibits the placement of permanent and/or semi-permanent above-ground encroachments within 40 feet of the top of the canal bank and vehicular parking 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 SFWMD’s ability to perform necessary construction, alteration, operation and maintenance activities; and 2) the Order granting a waiver from the subject rule would prevent Donnil and Jodie Kenney from suffering a substantial hardship.

A copy of the Order can be obtained from: Kathie Ruff, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, [phone] or by e-mail [e-mail].