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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 4 ■• .) 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`$� 1 4 ,',;:,,I;!ie",,,,,''':;„.'4 1, : �. 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: ,4-2 :F (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 • ;sItc 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, 1 .f.,),•; ! or conflict with existing local laws or ordinances. `{ (7) In passing upon this variance, the Board of Zoning Appeals ,,.;, I j r. has considered all technical evaluations provided to it, all ;4 1 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: ' ,t; 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 . dj1 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 y H ti tH r, +p ,Afi,, 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 ,, .pii .r;j, i 7 o's '. \ ' e4 •S1111.1 \e t .m ) 3 . 1 te TP/s00/GS-E 1 . 1. Planning Dopt. 2 BOOK 062 PACE 259 ' ..