Resolution 1981-034 • Boox 059 rAcz445
• b ':r RESOLUTION 81 .- 34
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RELATING TO PETITION FDPO-81-V-1 FOR A
4.. VARIANCE FROM TIME MINIMUM BASE FLOOD
ELEVATION REQUIRED BY THE FLOOD DAM-
AGE vREVENtION ' ORDINANCE (ORD. NO.
�. . 79-62). , •
• e. WHEREAS, the petitioner Bill Grant desires to build an Auto Body
Shop at Lot 138, Naples Grove and Truck Company Little Farms 42 and
has requested a variance from the Minimum Base Flood Elevation re-
,
• quired by the Ord. No. 79-62; and,
WHEREAS, the Board of Zoning Appeals has held a public hearing
•
as required by law; has reviewed Petition FDPO-81-V-1 in accordance
with Section 18 (5), (6) and (7), and has made a finding that the
-- granting of this petition complies with the intent and purpose of
Ord. 79-62 as follows:
(5) The 2.25 feet reduction from the Flood Insurance Rate Map
(FIRM) 9' National Geodetic Vertical Datum (NGVD) require-
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ment to 6.75'NGVD is the minimum variance necessary, con-
sidering the flood hazard, to afford relief.
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(6) The variance is issued upon:
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(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
• 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 provided to it, all rel-
evant factors, the standards specified in Ordinance No. 79-62,
especially those contained in Paragraph 18 (7)(a-l)
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, •
that Petition FDPO-81-V-1 is hereby granted subject to the following
conditions:
.-. 1. The variance shall be for the reduction of the Minimum Base Flood
Elevation required by Ord. No 79-62 from 9 feet NGVb to 6.75
feet NGVD,
2. The Chief Administrative Official shall mail a copy of this.Resolu-
tion to the petitioner by registered return receipt and such mailing
shall constitute compliance with Section 18, Paragraph (19; of
Ord. No. 79-G2 which- reads as follows:
"Any applicant, to whom a variance is granted,
shall be given 'written notice that when a struc-
• turn Is permitted to bo built with the lowest
floor elevation below the base flood elevation,
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Miftiori .,
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the cost of flood Insurance will bo commensurate �' ,
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; with the •Increased risk resulting from the •' -;a ' .
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reduced lowest floor elevation.'i Z 4 � $, .•
,F . The granting of this building is'u,conditioned on the applicant+•i� ,v ,
��.• flood-proofing the body shop ;,+;;: ., , f..
F P g proposed auto bod sho to lho W-4 novel.of ths, ti�
'. U.S. Corps of Engineers'Flood Proofing Regulations.' ; ', . t
4. The granting p principally ,
grantin of this variance. has been;predicated rincipally on:;
0
the engineering data arid information by petitioner A v *'
provided b the i.� ,
> nr 31 ar.
• and a review of same with respect to the considerations required 1 f «i ,`
by the Ord. No. 79-62. 'Ail:
The granting of this variance by the Board of Zoning Appeals w
: does not make or imply any assurances that the subject property `. ."'
. °y'.
. or structures are not subject to flood damages.
t'• Further, the granting of this variance shall not create liabil- ''r p .•
ity on the part of Collier County or by any officer or employee .-:
thereof for any flood damages that result from reliance on this '%T-:
a .
• variance or any administrative decision lawfully made thereunder.
In accepting this variance the - r:,
petitioner assumes all respon- a
4
sibility for any property damage resulting from its application.
Commissioner Wimer motioned, seconded by Commissions;
_Wenzel for the adoption of this Resolution. Upon call for
the vote, the motion carried. :.
•
• BOARD OF COUNTY COMMISSIONERS ',.`
DATE:February 10, 1981 COLLIER COUNTY, FLORIDA ,r`t;.
9 ATTEST: BY: ,(,a .�C:1 bZ• ..„
•`,`�,% Wj}i SA r,J. •EAGAi�, LER CHAIRMAN
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