SFWMD Order No. 2009-033-DAO-ROW was issued pursuant to Section 120.542, Florida Statutes, to Paul Venturelli (Application No. 08-1205-1M). The petition for waiver was received by the SFWMD on December 5, 2008. Notice of receipt of the petition ...

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-6.011: Policy and Purpose

NOTICE IS HEREBY GIVEN that on February 12, 2009, the South Florida Water Management District (District or SFWMD) Governing Board has issued an order.
SFWMD Order No. 2009-033-DAO-ROW was issued pursuant to Section 120.542, Florida Statutes, to Paul Venturelli (Application No. 08-1205-1M). The petition for waiver was received by the SFWMD on December 5, 2008. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 34, No. 51, December 19, 2008. No public comment was received. This Order provides a waiver of the District’s criteria to allow existing landscaping consisting of palm trees, low lying planters and a paver stairway/walkway to remain within the northerly right of way of the C-51 Canal, located at the rear of 246 Arlington Road; Section 15, Township 44 South, Range 43 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 encroachments 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 Paul Venturelli from suffering a violation of the principles of fairness.
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, [phone] or by email: [e-mail].