Granting Waiver under Section 120.542, Florida Statutes (SFWMD 2007-115-DAO-ROW), to Jose and Connie Alvarez. The petition for waiver was received by the SFWMD on March 26, 2001. Notice of receipt of the petition requesting the waiver was published ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-6.091: Publications Incorporated by Reference
40E-6.221: Conditions for Issuance of Standard Permits

NOTICE OF DISPOSITION

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 2007-115-DAO-ROW), on May 10, 2007, to Jose and Connie Alvarez. The petition for waiver was received by the SFWMD on March 26, 2001. Notice of receipt of the petition requesting the waiver was published in the F.A.W., Vol. 27, No. 14, on April 6, 2001. No public comment was received. This Order provides a waiver of the District’s criteria to allow an existing fence enclosure encroaching 10' to 17' (40' to 33' from the top of bank) to remain within the south right of way of C-100C at the rear of 9821 S. W. 130th Street; S16/T37S/R40E, Miami-Dade County. Specifically, the Order grants a waiver from 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 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 Jose and Connie Alvarez 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 1413, West Palm Beach, FL 33406-4680, [phone], or by e-mail [e-mail]