Order No. 2008-328-DAO-ROW grants a waiver under Section 120.542, Florida Statutes, to Adam and Lila Smith. The petition for waiver was received by the SFWMD on April 29, 2008. Notice of receipt of the petition requesting the waiver was published ...

 

WATER MANAGEMENT DISTRICTS
South Florida Water Management District

RULE NO: RULE TITLE
40E-6.011: Policy and Purpose

NOTICE IS HEREBY GIVEN THAT on July 10, 2008, the South Florida Water Management District (SFWMD) Governing Board has issued an order.

Order No. 2008-328-DAO-ROW grants a waiver under Section 120.542, Florida Statutes, to Adam and Lila Smith. The petition for waiver was received by the SFWMD on April 29, 2008. Notice of receipt of the petition requesting the waiver was published in the Florida Administrative Weekly, Vol. 34, No. 19, on May 9, 2008. No public comment was received. This Order provides a waiver of the District’s criteria to allow four existing palm trees, 13-14 feet from the top of canal bank to remain within the west right of way of C-100A at the rear of 14701 S. W. 76th Terrace; Section 23, Township 55 South, Range 40 East, Miami-Dade County. Specifically, the Order grants a waiver from subsections 40E-6.011(4) and (6), 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 40 feet 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 District’s current ability to perform necessary construction, alteration, operation and routine maintenance activities; and 2) the Order granting a waiver from the subject rule would prevent Adam and Lila Smith from suffering a violation of the principles of fairness.

A copy of the Order may be obtained by contacting: Kathie Ruff, South Florida Water Management District, 3301 Gun Club Road, MSC 1410, West Palm Beach, FL 33406-4680, telephone number [phone] or by e-mail at [e-mail].