Granting Waiver under Section 120.542, Fla. Stat. (SFWMD 2007-232-DAO-ROW), to Michael T. and Myra Caldwell. The petition for waiver was received by the SFWMD on March 16, 2007. Notice of receipt of the petition requesting the waiver was published ...  

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    WATER MANAGEMENT DISTRICTS
    South Florida Water Management District

    RULE NO: RULE TITLE
    40E-6.011: Policy and Purpose
    40E-6.091: Publications Incorporated by Reference
    40E-6.221: Conditions for Issuance of Standard Permits

    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 2007-232-DAO-ROW), on June 14, 2007, to Michael T. and Myra Caldwell. The petition for waiver was received by the SFWMD on March 16, 2007. Notice of receipt of the petition requesting the waiver was published in the F.A.W., Vol. 33, No. 13, on March 30, 2007. No public comment was received. This Order provides a waiver of the District’s criteria to allow an existing cross-fence at the east property line to be extended, and existing deck, trees, landscaping to the top of the canal bank and a planter to remain within the south right of way of C-100A at the rear of 7555     S. W. 108 Terrace; S11/T55S/R40E, Miami-Dade County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), and paragraph 40E-6.221(2)(j), Fla. Admin. 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), Fla. Admin. Code, which governs the placement of permanent and semi-permanent above-ground facilities within 40' of the 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 rules would prevent Michael and Myra Caldwell 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, (561)682-6320 or by e-mail kruff@sfwmd.gov.

Document Information

Contact:
Kathie Ruff, South Florida Water Management District, 3301 Gun Club Road, MSC 1413, West Palm Beach, FL 33406-4680, (561)682-6320 or by e-mail kruff@sfwmd.gov.
Related Rules: (3)
40E-6.011. Policy and Purpose
40E-6.091. Publications Incorporated by Reference
40E-6.221. Conditions for Issuance of Standard Permits