Resolution 1981-173 7777: ,r "7-"-7-' q`r"' 'S T v«.«-.y..c-.. r :77.,,':.,
600K 062.PACE 258 'r
;♦;: July 21, 1991 •
14 RESOLUTION 81 4.73
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.) RELATING TO' PETITION FDPO-81-V-9 FOR A ''l .I
,.,, VARIANCE FROM THE MINIMUM BASE FLOOD xr r
' ELEVATION REQUIRED BY THE FLOOD `
rn DAMAGE PREVENTION ORDINANCE (ORD. NO. i15 ' i
WHEREAS, the petitioner TONY R. TURNER desires to build a , 1`$�
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�. Single Family Home at 165 Fifth Street, Bonita Shores (Lot 13, Block. °
> 15, Bonita Shores Subdivision) and has requested a variance from the f i ; 44i
Minimum Base Flood Elevation required by the Ord. No 79-62; and, r {,
. WHEREAS, the Board of Zoning Appeals has held a public hearing 4,fi`".j
as required by law; has reviewed Petition FDPO-81-V-9 in accordance ' ;#
with Section 18 (5), (6) and (7), and has made a finding that the ''.t,1,ii
,
granting of this petition complies with the intent and purpose of ' �,, I
Ord. 79-62 as follows:
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(5) The 0.97 feet reduction from the Flood Insurance Rate Map • ' " 5,p',
(FIRM) 13' National Geodetic Vertical Datum (NGVD) re- y
quirement to 12.03' NGVD is the minimum variance necess- r
ary, considering the flood hazard, to afford relief, as the
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surrounding homes in the neighborhood are at approximately 4.
the same elevation. .
(6) The variance is issued upon:
° (a) A showing of good and sufficient cause based on review
of considerations contained in (7), following. - Ar ,
(b) A determination that failure to grant the variance would
result in exceptional hardship to the applicant.
(c) A determination titat the granting of a variance will not
result in increased flood heights, additional threats to i?
public safety, extraordinary public expense, create .,,,
nuisances, cause fraud on or victimization of the public,
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or conflict with existing local laws or ordinances. `{
(7) In passing upon this variance, the Board of Zoning Appeals ,,.;, I
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has considered all technical evaluations provided to it, all ;4
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relevant factors, the standards specified in Ordinance ',�'4 '
No. 79-62, especially those contained In Paragraph 18 (7)(a-1) %,,,
< NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, ;5.':-
fa that Petition FDPO-81-V-9 is hereby granted subject to the•following t 4;;
conditions: '
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1. The variance shall be for the reduction of the Minimum Base Flood ` ''�`}
r
,: Elevation required by Ord. No. 79-62 from 13 feet NGVD 10`.. r .
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12.03 feet NGVD. 4 '
2. The Chief Administrative Official shall mall a copy of this Resolu• , 15,�f ,
.. tion to the petitioner by registered return receipt and such malf(ng , 1 �71Y .
�, shall constitute compliance with Section 18, Paragraph (10) of �t"r,,
,,,.f Ord. No 79-62 which roads as follows! ;;Y
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Ga
i July 2981
°Any applicant, to whom n variance is granted, .
shall bo given written notice that when a •
structure is permitted to bo built with the
lowest habitable floor elevation below the ,
base flood elevation, the cost of flood insur-
ance will bo commensurate with tho 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 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 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. i
•
Commissioner Wenzel motioned, seconded by Commissioner
to Wimer for the adoption of this Resolution. Upon call for ,
the vote, the motion carried.
DATE: July 21, 1981 BOARD OF COUNTY COMMISSIONERS 1
COLLIER COUNTY, FLORIDA
I
ATTEST:, BY: .a'/ . iC Q 61
. , . WIL AM J. •EeGAN1 LERK , CHAIRMAN
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1. Planning Dopt.
2 BOOK 062 PACE 259 ' ..