Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2007-021-DAO-ROW), on February 15, 2007, to James W. Brownell and Bessie L. Landis. The petition for waiver was received by the SFWMD on November 6, 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, Fla. Stat. (SFWMD 2007-021-DAO-ROW), on February 15, 2007, to James W. Brownell and Bessie L. Landis. The petition for waiver was received by the SFWMD on November 6, 2006. Notice of receipt of the petition requesting the waiver was published in the issue Vol. 32, No. 47, F.A.W., on November 22, 2006. No public comment was received. This Order provides a waiver of the District’s criteria to allow an existing wood rail fence (located on top of the existing bulkhead) and a portion of an existing residence building to remain within the south right of way of C-6 adjacent to 8211 N. W. South River Drive; S11/T53S/R40E, Miami-Dade 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 Permit Applications within the South Florida Water Management 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 forty feet of 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 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 James W. Brownell and Bessie L. Landis from suffering a substantial hardship and a violation of the principles of fairness.

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]