Granting Waiver under Section 120.542, Florida Statutes (SFWMD 2007-117-DAO-ROW), to Gilberto and Caridad Lugo. The petition for waiver was received by the SFWMD on November 8, 2006. Notice of receipt of the petition requesting the waiver was ...

 

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 2007-117-DAO-ROW), on May 10, 2007, to Gilberto and Caridad Lugo. The petition for waiver was received by the SFWMD on November 8, 2006. Notice of receipt of the petition requesting the waiver was published in the F.A.W., Vol. 32, No. 47, on November 22, 2006. No public comment was received. This Order provides a waiver of the District’s criteria to allow an existing, unauthorized pile-supported boat dock to remain within the east right of way of C-10 adjacent to 2666 Coolidge Street in Hollywood; S9/T51S/R42E, Broward 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 minimum low member elevation of pile-supported docking facilities 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 Gilberto and Caridad Lugo 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 1413, West Palm Beach, FL 33406-4680, [phone], or by e-mail [e-mail]