that on June 18, 2013, the Executive Director of the South Florida Water Management District (SFWMD or District) issued an Order Granting Variance under Section 120.542, Florida Statutes, (SFWMD 2013-059-DAO-ERP) to the City of Kissimmee (City), ...

 

WATER MANAGEMENT DISTRICTS

South Florida Water Management District

The South Florida Water Management District hereby gives notice: that on June 18, 2013, the Executive Director of the South Florida Water Management District (SFWMD or District) issued an Order Granting Variance under Section 120.542, Florida Statutes, (SFWMD 2013-059-DAO-ERP) to the City of Kissimmee (City), concerning a project known as Martin Luther King Boulevard Phase 3, located in Osceola County; Section 19, Township 25 South, Range 29 East. The Petition for Variance (Application No. 130419-3) was received by the SFWMD on April 19, 2013. Notice of receipt of the Petition was published in the Florida Administrative Register, Vol. 39, No. 86, on May 2, 2013. No public comment was received. This Order provides a variance for proposed roadway and drainage improvements to Martin Luther King Boulevard (MLK Blvd), extending MLK Blvd west from Thacker Avenue to Dyer Boulevard as well as extending Alaska Avenue, north from Mabbette Street to the MLK Blvd extension, within the City of Kissimmee in Osceola County, Florida. The particular criterion from which the variance is sought is found at Section 7.4(d) of the Basis of Review for Environmental Resource Permit Applications within the South Florida Water Management District (Basis of Review or BOR), which is incorporated by reference in Rule 40E-4.091, Fla. Admin. Code. This criterion provides, in general, that for purposes of public safety, water quality enhancement, and maintenance, all wet retention/detention areas shall be designed with side slopes no steeper than 4:1 (horizontal:vertical) from top of bank out to a minimum depth of two feet below the control elevation, or an equivalent substitute. The Order sets forth the basis of the SFWMD decision to grant the variance, as follows: 1) the variance is necessary to prevent a substantial economic hardship on the City; and 2) the purpose of the underlying rule has been achieved by other means.

A copy of the Order or additional information may be obtained by contacting: the Regulation Division during the normal business hours of 8:00 a.m. - 5:00 p.m., Monday through Friday, except legal holidays, at 3301 Gun Club Road, West Palm Beach, FL 33406; by telephone at [phone]; by e-mail at [e-mail], or by accessing the District's website (www.sfwmd.gov) using the Application/Permit Search on the ePermitting page.