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Resolution 1980-091Y V April 29, 1980 8001( 053 PACE 14 RESOLUTION 80 - 41_,_ RELATING TO PETITION FDPO- 80 -V -8 FOR A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION ORDINANCE (FDPO) NO. 79 -62. WHEREAS, the petitioner, the Bonita Shores and Little Hickory Shores Improvement Association, Inc., desires to build an addition to their existing Association meeting hall on Lot 6, Block D, Unit 2 of Little Hickory Subdivision and has requested a variance from the Mini- mum Base Flood Elevation required by the FDPO No. 79 -62; and, WHEREAS, the Board of Zoning Appeals has held a public hearing as required by law; and, e WHEREAS, the Board of Zoning Appeals has reviewed Petition FDPO- 60 -V•8 in accordance with Section 18, Paragraphs (5), (6) and (7), and has made a finding that the granting of Petition FOPO-80-V -8,c as qualified and conditioned in (7)(c) of this Resolution, complies with the intent and purpose of said Section of Ordinance 79 -62 as follows: (5) The 519" reduction from the Flood Insurance Rate Map (FIRM) 13' National Geodetic Vertical Datum (NGVD) requirement to 713" NGVD is the minimum variance no ssary, considering the flood hazard, to afford relief. This conclusion is based on the following facts: The existing community hall is at ate, elevation of approx- imately 713" NGVD and the requested' varianii' will permit construction of the addition at the same elevation.,­, c` (6) This variance is issued upon: c:g, (a) A showing of good and sufficient cause bases on review of considerations and conditions contained in (7), follow - ing. (b) A determination that failure to grant the variance would result in exceptional ,hardship to the applicant, his neighbors and customers. (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 ZonineAppeals has considered all technical evaluations, all relevantjj )ractors, standards specified in other sections of this ordinance, and the following; (The Board's findings are noted in paren- theses) (a) the danger that materials may be swept onto other lands to the injury of others. (such danger will not be signif- Icantly affected by the granting of this variance) (b) the danger to life and property due to flooding or erosion damage; (not significantly affected by granting of variance) (c) the susceptibility of the proposed facility and its con - r., Z. _ _ ei Y At , 198Q tents to flood damage and the effect of such damage, on the individual owner; (It • has been determined that the nature of the building, its use and contents are such that its susceptibility to flood damage is minimal. To reduce this risk even more, the Board of Zoning Appeals,, has conditioned this approval on the applicant' r r- ance that the proposed addition will be flood proofid' and that all materials used In Its construction and any fur- nishings placed' therein shall be capable of withstanding inundation as provided for by the flood,, proof ing,classift- cation W -4 in the Corps of Engineers Flood- Proofing Regulations (Document Number EP 11652314). (d) the importance of the. services provided by the proposed facility to the community; (The Association Hall is an Integral part of the neighborhood and is Jointly owned by all. It is used for variou9+tecreational and civic functions 'and is the only public meeting 0place, irk that area of the County). 0, o "*' (e) the necessity to the facility of a waterfront location, where applicable; (not applicable) (f) the availability of alternative locations,• not subject to flooding or erosion damage, for the prop6s.ed use; (no alternative location is possible) 4. �. (g) the compatibility of the proposed use vAth •existing and anticipated development; (granting of this variance determined to be compatible) "a (h) the relationship of the proposed use to the plan and flood plain management program for the area; (•consistent with County's flood plain management program) (i) the safety of access to the property in times of flood for ordinary and emergency vehicles; (access will not be significantly affected by granting this variance) (J) the expected heig velocity, duration, rate of rise and sediment of the flood waters and the effects of wave action, if applicable, expected at the site; (not significantly affected by the granting of this variance) (k) the costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electri- cal, and water system, and streets and bridges. (nor- mal cost as per surrounding residences) (1) Variances shall not be Issued within any designated floodway If any Increase in flood levels during the base flood discharge would result. (Not applicable, not in designated floodway)•. (m) Generally, variances may be Issued for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surround- ed by lots with existing structures constructed below the ~ 2 053 1 K W April 29, 1930 BOOK 05.. rACE 16 base flood level, providing items (a - 1) have t*:en fully considered; (this is not the justification for granting this variance). NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition FDPO- 80 -V -8 is hereby granted subject to the following conditions: 1. The variance shall be for the reduction of the Minimum Base Flood Elevation required by FDPO No. 79 -62 from 13 feet NGVD to 7�.teet 3 inches NGVD. 2. The Chief Administrative Official shall mail a copy of this Resotu- tion to the petitioner by registered return receipt and such mailing shall constitute compliance with Section 18, Paragraph (10) of FDPO No. 79 -62 which reads as follows: Any applicant, to whom a variance is gr*tedt shall be given written notice that when a structure is permitted to be built with ghe lowest habitable floor elevatog below ' the base flood elevation, the cost of flood insur- ance will be commensurate with th.vincAased risk resulting from the reduced lowest hal&itable floor elevation. 3. The granting of this variance has been pregicated principally on the engineering data and information provided,, by the petitioner and a review of same with respect to the considerations required by the FDPO No. 79 -62. Further, it is conditioned_dn compliance with the U.S. Corp of Engineers Flood- Proofing standards as ref- erenced above. 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;-,nor does the granting of this variance create liability 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. APO In accepting this variance, the petitioner assumes all respon- sibility for any property damage resulting from its application. - Commissioner Pistor motioned, seconded by Commissioner Wiaer for the adoption of this Resolution. Upon call for the vote, the motion carried. ri BOARD OF COUNTY COMMISSIONERS DATE: Apl 99, 1980 COLLIER COUNTY, FLORIDA WILCLIV J; .'f� LERK BY• •CL17 RD WENZVt, CHAIRMAN J ' ja'nn,iing,'gtPt. 3'