Notice of Variances and Waivers

Southwest Florida Water Management District
40D-4.091: Publications, Forms and Agreements Incorporated by Reference
NOTICE IS HEREBY GIVEN that on February 05, 2010, the Southwest Florida Water Management District, received a petition for rule waiver from Crystal Bay at Kingsway Condominium Association, Inc. Crystal Bay at Kingsway Way Condominium Association, Inc., seeks a waiver of Section 6.4.1 of the Basis of Review for Environmental Resource Permit Applications incorporated by reference into the District’s rules by way of subsection 40D-4.091(1), F.A.C. Said section lists the dimensional criteria that are acceptable to the District for retention and detention areas utilized for surface water management systems and related protection measures for public safety. The petitioner requests a variance from the public safety requirement that a six foot (6') chain link fence or other protection sufficient to prevent accidental incursion into the retention or detention area be installed due to economic/financial hardship and violation of principles of fairness.
A copy of the Petition for Variance or Waiver may be obtained by contacting: Cathleen C. Kenney, Staff Attorney, Southwest Florida Water Management District, 2379 Broad Street, Brooksville, FL 34604-6899, (352)796-7211. Any interested person or other agency may submit written comments on the petition within 14 days of the date this notice is published.