Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2007-022-DAO-ROW), on February 15, 2007, to the City of Wilton Manors. The petition for waiver was received by the SFWMD on October 3, 2006. Notice of receipt of the petition requesting the ...

 

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 2007-022-DAO-ROW), on February 15, 2007, to the City of Wilton Manors. The petition for waiver was received by the SFWMD on October 3, 2006. Notice of receipt of the petition requesting the waiver was published in the issue Vol. 32, No. 42, F.A.W., on October 20, 2006. A revised petition for waiver was received by the SFWMD on November 14, 2006. Notice of receipt of the revised petition requesting a waiver was published in the issue Vol. 32, No. 49, F.A.W., on December 8, 2006. No public comment was received. This Order provides a waiver of the District’s criteria for the proposed construction of a pavilion with decking, light fixtures with buried electrical service, landscaping, signage, fencing, asphalt parking area, curb and stormwater treatment facilities to be placed within the east right of way of C-13, immediately north of the Powerline Road Bridge; S28/T49S/R42E, Broward County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), and paragraph 40E-6.221(2)(j), 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 semi-permanent above-ground facilities within 40 feet of the top of the canal bank, placement of drainage treatment facilities and parking/vehicular use and signage 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 the City of Wilton Manors 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]