Resolution 1981-157 July 14, 1981 I
BOOK 062 PACE 30
RESOLUTION 81 - 157
RELATING TO PETITION FDPO-80-V-7• FOR A
VARIANCE ' FRO*" THE MINIMUM BASE FLOOD
ELEVATION REQUIRED BY THE FLOOD •
DAMAGE PREVENTION ORDINANCE (ORD. NO. • „•
79-62).
WHEREAS, the petitioner HOWARD ROSE desires.to build a Single
•
• S Family Home at 1078 Ruppert Road on Marco Island (Lot 14, Block 5,
Old Marco Village) and has requested a variance from the Minimum Base •
Flood Elevation required 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-7 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 1.9 feet reduction from the Flood Insurance Rate Map
(FIRM) 12' National Geodetic Vertical Datum (NGVD) re-
quirement to 10.1' NGVD is the minimum variance
necessary, considering the flood hazard, to afford relief, as
the adjoining home on the north is at an elevation of
8.43 NGVD and home on the south is at an elevation of
7.97. The requested variance will put the elevation of the
petitioner's home approximately 1.5' above them. _.
(6) The 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
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
•
relevant factors, the standards specified in Ordinance
•
No. 79-62, especially those contained in Paragraph 18 (7)(a-I)
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, •
• that Petition FDPO-81-V-7 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 12 feet NGVD t,4
' 10.1 feet NGVD.
2. The Chief Administrative Official shall mall a copy of this Resolu-
tion to the petitioner by registered return receipt and such mailing
shall' constitute compliance with Section 18, Paragraph (10) of
I Ord. No. 79-62 which reads as follows:
July 14 1981
"Any applicant, to whom a variance is granted,
shall bo given written notice that when a
structure Is permitted to be built with the i
lowest habitable floor elevation below the
' base flood elevation,' the cost of flood insur- li
' once will be commensurate with the increased
risk resulting from the reduced lowest habitable
•
floor elevation." t.•
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 Ord. 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 Ilabil- . •
ity on thu 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 Brown motioned, seconded by Commissioner .
Kruoo for the adoption of. this Resolution. Upon call for
the vote, the motion carried.
•
• . July 14, 1981 BOARD OF COUNTY COMMISSIONERS •
DATE: COLLIER COUNTY, FLORIDA
die
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ATTEST: BY: �Srir'....� Lf.....
-•'uilAIt J. lZGAN RK II Vice of CHAIRMAN
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•
a;� TP/sgg/6S-Y .
Planning Dept.
4 I
7 eou 062 PACE 31