Resolution 1979-173V
November 27, 1979
2 RESOLUTION 79 - 173
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RELATING TO PETITION FDPO- 79 -V -2 FOR
A VARIANCE FROM THE MINIMUM BASE
FLOOD ELEVATION REQUIRED BY THE
FLOOD DAMAGE PREVENTION ORDINANCE
(FDPO) NO. 79 -62.
WHEREAS, the petitioner has requested a variance from the Mini-
mum Base Flood Elevation required by the FDPO No. 79 -62; and,
WHEREAS, the Board of toning Appeals has held a public hearing
as required by law; and,
WHEREAS, the Board of Zoning Appeals has reviewed Petition
FOPO- 79 -V -2 in accordance with Section 18, Paragraphs (5), (6) and
(7), and has made a finding that the granting of Petition FDPO- 79 -V -2,
In its opinion, complies with the Intent and purpose of said Section of
Ordinance 79 -62 as follows:
(5) The three (3) foot reduction from the Flood Insurance Rate
Map (FIRM) 12 foot National Geodetic Vertical Datum (NGVD)
requirement to 9.0 feet NGVD is the minimum variance neces-
sary, considering the flood hazard, to afford relief.
This conclusion is based on the following facts:
(a) The adjoining land on the east and west sides of the
proposed pavilion is County -owned and will probably
never be developed into a habitable structure requiring
a twelve (12) foot NGVD elevation such as is required
for residential development.
(b) The nine foot NGVD elevation was chosen by the design
engineer in order to meet the requirements of abnormal
tidal surges and hurricane wave action.
A lower than 9.0 feet NGVD elevation could endan-
ger the safety and integrity of the structure whereas a
higher elevation will not add significantly to the safety
and integrity of the structure while adding considerably
to the cost of construction.
(c) Raising the base floor elevation to the 12.0 foot NGVD
level required by the FIRM will require an accessive
length of access ramps which will be very costly and
inconvenient to the using public.
Keeping the base flood elevation of the pavilion to
9.0 feet NGVD as per the design requirements will keep
the access ramps shorter and lower, making them easier
to use by older persons and the physically handicapped.
(6) The three (3) foot variance is issued upon:
(a) A showing of good and sufficient cause based on review
of considerations contained in (7), following.
(b) A 'determination that failure to grant the variance. would
result in exceptional hardship to the applicant.
(c) A determination that the granting of a variance will not
result in increased flood heights, additional threats to
November 27, 1979
public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public,
or conflict With existing local laws or ordinances.
(7) In passing upon this variance, the Board of Zoning Appeals
has considered all technical evaluations, all relevant factors,
standards specified in other sections of this ordinance, and
the following; (The Board's, findings are noted in paren-
theses).
(a) The danger that materials may be swept onto other lands
to the injury of others. (The location of the pavilion
for Tiger Tail Beach Park is approximately 400 feet from
the nearest residential lot and established on a 31 -acre
park site. In the event of a storm, the danger of
material being swept onto other lands and injuring others
is very remote, considering that the nearest residence
will be about 400 feet away.
(b) The danger to life and property due to flooding or
erosion damage; (not materially affected by granting of
variance).
(c) The susceptibility of the proposed facility and its con-
tents to flood damage and the effect of such damage on
the individual owner; (the pavilion is primarily a bath-
room structure and is not of a habitable nature). The
contents, other than permanent fixtures, would be
removed to prevent damage to the structure and the
surrounding area. Any damage to the structure will be
the responsibility of the owner (County) to repair or
rebuild. The requested 9.0 feet NGVD elevation has
been determined by the design engineer to afford reason-
able safety to the contents from flood damage.
(d) The importance of the services provided by the proposed
facility to the community; (the level of service resulting
from the granting of a variance will remain the same).
(e) The necessity to the facility of a waterfront location,
where applicable; (the pavilion is designed to serve in a
waterfront location and cannot function in a non- water-
front location).
(f) The availability of alternative locations, not subject to
flooding or erosion damage, for the proposed use; (no
alternative location is possible. Tiger Tail Beach Park is
the only County -deded beach park in this area and there
are no alternative location).
(g) The compatibility of the proposed use with existing and
anticipated development; (the 'facility will be compatible
to the surrounding area and will be built according to
the County Codes and will be used as intended).
(h) The relationship of the proposed use to the plan and
flood plain management program for the area; (the facility
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November 27, 1979
will be located landward of the Coastal Construction
Control Line and comply with all County regulations
consistent with flood management of the area).
(i) The safety of access to the property in times of flood
for ordinary and emergency vehicles; (access to the
park for maintenance and emergency vehicles will be
provided at all times through designated areas and
traffic circulation In accordance to the plan).
(J) The expected heights, velocity, duration, rate of rise
and sediment transport of the flood waters and the
effects of wave action, if applicable, expected at the
site; (based on 100 -year storm frequency, the expected
high water will be at elevation 12 feet NGVD, which is
the computed surge value based on flood insurance study
for Collier County. This project is located within the
"V" zone area which has special flooding hazards asso-
ciated with high velocity waters from 'tidal surges and
hurricane wave action. Associated with the flooding will
be large amounts of tidal debris scattered about the
area. As previously mentioned, the flood at the site will
be caused by tidal and hurricance wave action, thus the
rate of .rise and fall of the flooding will be based on the
hurricane intensity and forward speed).
(k) The costs of providing governmental services during and
after flood conditions including maintenance and repair of
public utilities and facilities such as sewer, gas, electri-
cal, and water system, and streets and bridges. (Costs
of maintenance and services will be provided by the
Parks and Recreation Department through the County
Governmental Policy of funding and will not be materially
affected by the granting of the variance).
(1) Variances shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result. (Not applicable; the site
is not located within a designated floodway).
(m) Generally, variances may be issued for new construction
and substantial improvements to be erected on a lot of
one -half acre or less in size contiguous to and surround-
ed by lots with existing structures constructed below the
base flood level, providing items (a - 1) have been fully
considered. (This paragraph applies to a residential
area and is not applicable in the instance of this petition).
NOW, THEREFORE, BE IT RESOLVED by the Board of Toning
Appeals, that Petition FOPO- 79 -V -2 is hereby granted subject, to the
following conditions:
1. The variance shall be for the reduction of the Minimum Base Flood
Elevation required by FDPO No. 79 -62 from twelve (12) feet NGVD
to 9.0 feet NGVD and the waiving of all FDPO 79 -62 requirements
which are contingent on the granting of this variance.
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2. The Chief Administrative Official shall mail a copy of this Resolu-
tion to the petitioner by registered return mail, and such mailing
shall constitute compliance with Section 18, Paragraph (10) of
FDPO No. 79 -62 which reads as follows:
"(10) Any applicant, to whom a variance is granted,
shall be given written notice that when a
structure is permitted to be built with the
lowest habitable floor elevation below the
base flood elevation, the cost of flood insur-
ance will be commensurate with the increased
risk resulting from the reduced lowest habitable
floor elevation."
3. The granting of this variance has been predicated principally on
the engineering data and information provided by the petitioner
and a review of same with respect to the considerations required
by the FDPO No. 79 -62.
The granting of this variance by the Board of Zoning Appeals
does not make or imply any assurances that the subject property
or structures are not subject to flood damages.
Further, the granting of this variance shall not create liabil-
ity on the part of Collier County or by any officer or employee
thereof for any flood damages that result from reliance on this
variance or any administrative decision lawfully made thereunder.
In accepting this variance, the petitioner assumes all respon-
sibility for any property damage resulting from its application.
Commissioner Winter motioned, seconded by Commissioner
Brown for the adoption of this Resolution. Upon call for
the vote, the motion carried.
BOARD OF COUNTY COMMISSIONERS
DATE: November 27, 1979 COLLIER COUNTY, FLORIDA
ATTEST:
„WI,aiL1 J A
BY:
E�,GAN,�K DAVI C. "DOC" BROWN
CHAIRMAN
NJS /sgg /31 -U
Planning Dept.
11/6/79
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