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Resolution 1981-172 �.� ^s s '.:t' ySr'f'i m• -�v. ••r ;-• • rye . ergr , �.':,..` -:+t.�.�•. .,,,:,a.-„ �:„ 4,a c.,...- . , _ .. . .,.\ ,. t. «rA«Faa,K.u��'�u.s+,:.. �•, . • acolc 062 PACE 2 :,}1:f July 21, 1981 , RESOLUTION 81 - 172 • RGLATING TO PETITION FDPO-81-V-0 FOR A :^•,,,: VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD �� DAMAGE PREVENTION ORDINANCE (ORD. NO. •F , 79-62). �` .' WHEREAS, the petitioner E. J. Zammit desires to build a singla�` t} 3r:. , family home at 175 Sixth Street, Bonita Shores (E40' of Lot 13 and W40' �, .5 � 1sT4 s '' of Lot 14, Block 16, Unit 2 of Bonita Shores Subdivision) and has« _ .`. requested a variance from the Minimum Base Flood Elevation required by r -.c # ; ; '- the Ord. No 79-62; and, ,t 1 WHEREAS, the Board of Zoning Appeals has held a public hearing • as required by law; has reviewed Petition FOPO-81-V-8 In accordance ; with Section 18 (5), (6) and (7), and has made a finding that the 44,`!,; granting of this petition complies with the intent and purpose of ; Ord. 79-62 as follows: (5) The 2.13 feet reduction from the Flood Insurance Rate Map , ,.4 (FIRM) 13' National Geodetic Vertical Datum (NGVD) re- i. a quirement to 10.87' NGVD is the minimum variance neces- 'A sary, considering the flood hazard, to afford relief, as the VAIS adjoining home on the west is at an elevation of approximately `" 9.53' NGVD and the adjoining home on the east is at an n " elevation of 11.00' . The requested variance will put the • elevation of the petitioner's home at approximately the same -. elevation as his neighbors. "'' n, (6) The variance is issued upon: � ` • (a) A showing of good and sufficient cause based on review '`a. 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-1) 1 ' NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, k': 1 that Petition FDPO-81-V-8 is hereby granted subject to the following ,eNro conditions: '?`: 1. The variance shall be for the reduction of the Minimum Base Flood ,1-..,.'..;:. „ • Elevation required by Ord. No. 79-62 from 13 feet NOVO to ,', �, 1 11.00 feet NGVD. "� t t. 2. The Chief Administrative Official shall mail a copy of this Resolu∎;' :`,,,,,,',.1..*. ` , lion to the petitioner by•registered return receipt and such eialiitig �'� ' q ,"; ` shall constitute compliance with .Section 18, Paragraph (10) ot.' `I " ' % 3' Ord. No. 79-62 which readsCaa foilowss ', "`"- , a O ..c, l• •f• �j July 21, 1981 s x<a "Any applicant, to whom a variance Is granted, y!`r "4, r, , shall be given written notice that when a .� 7,6. , ,� yc'V, structure Is permitted to be built with the rXR. + x.. II ;:c'': lowest habitable floor elevation below,the a�r` �' . • base flood elevation, the cost of flood. insur- �t ,,•;'j,... ; '. ance will be commensurate with the increased �r1 , • risk•resulting from tho reduced lowest habitable ** •:."' -` floor elevation." = F k, *i 3. The granting of this variance has been predicated principally on ' 1-.•.,.•,,,., 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 a 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 awfully made thereunder. ', ' In accepting this variance, the petitioner assumes all respon- . a ' ; albilit for Y any property damage resulting from its application. Commissioner Wenzel motioned, seconded by Commissioner li Brown for the•adoption of this Resolution. Upon call for the vote, the motion carried. -i' July 21, 1981 BOARD OF COUNTY COMMISSIONERS DATE: COLLIER COUNTY, FLORIDA .' ATTEST:, BY: /141 • WIL • •J. •EAGAN, K , CHAIRMAN• ,, siii1 `)a • • e'• . n i r mTiy •• C r�'* Sri • �' ,-A ��f t?L y� Y ' 1 Th .4.,.,;-.„, t P P ,,ti s �+ ,--s:,',.' , Planning Dept. % !, ', _tarn( 062 PAN 255 _