Resolution 1982-003 ■ :Jii.ti� .. �.•. .. . ' .. .. it .{. .., r.ry: .. r. ... ..Y.-T l
• January 5, 1982
RESOLUTION 82 • - 3
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<". ('�c Ac RELATING TO PETITION FDPO-81-V-16 FORA ?„ era
° ., oox 067 PAGE 16 VARIANCE FROM THE MINIMUM BASE FLOOD
ELEVATION REQUIRED BY THE FLOOD • / {•r $• ,
DAMAGE PREVENTION ORDINANCE (ORD. NO. ;• _ y
E ' 79-62). ti
WHEREAS, the petitioner Tom Bogen desires to build an addition to d.' .
his home at 548 Nassau Court, Marco Island (Lot 5, Block 21, Unit 1, ,
Marco Beach Subdivision) and has requested a variance from the Mini-
mum Base Flood Elevation required by the Ord. No 79-62; and, f¥
WHEREAS, the Board of Zoning Appeals has held a public hearing 41 ,
4 as required by law; has reviewed Petition FDPO-81-V-16 In accordance , r«,
with Section 18 (5), (6) and (7), and has made a findinfg that the k•1
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it granting of this petition complies with the intent and purpose of '
Ord. 79-62 as follows:
(5) The 2.27 feet reduction from the Flood Insurance Rate Map
(FIRM) 11' National Geodetic Vertical Datum (NGVD) require- '
ment to 8.73' NGVD is the minimum variance necessary, -
considering the flood hazard, to afford relief, as the adjoining
home on the west is at an elevation of approximately 8.51' .
NGVQ and the adjoining home on the east is at an elevation of •
8.75' NGVD the requested variance will put the elevation of
the petitioner's home and new addition at approximately the m
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.
(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. I
. • ; (7) In passing upon this variance, the Board of Zoning Appeals
• ¢I11 has considered all technical evaluations provided to it, all
uy
• relevant factors, the standards specified In Ordinance r''
cp§ No. 79-62, especially those contained In Paragraph 18 (7)(a-I)
564
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals,
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that Petition FDPO-81-V-16 is hereby granted subject to the following #`
conditions: }Xkt,
1. The variance shall be for the reduction of the Minimum Base Flood to x'
Elevation required by Ord. No. 79-62 from 11' feet NGVD to 8.73' Ay,,-
a feet NGVO.
2. The Chief Administrative Official shall mall a copy of this Resotur °}% '
tion to the petitioner by registered return receipt and such mailing $�,+, .`
shall constitute compliance with Section 16, Paragraph (10) of ,
Ord. No. 79-62 which reads as fotlowst , ',:-$V, •
•
.# N • lige . . 1111111 o
} January 5, 19 2
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"Any applicant, to whom a variance Is granted, ;.,
shall be given written notice that when a
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structure is permitted to bo built with the.
lowest habitable.floor elevation below the . .
` base flood elevation, the cost of flood insur- 2
ance will be commensurate with the increased '
EL ; risk resulting from the reduced lowest habitable 4,,A ,{
4. floor elevation." r 9
w 3. The granting of this variance has been predicated principally on '<
., 1 the engineering data and information provided by the petitioner L r
and a review of same with respect to the considerations required ."/'°., t•
•I by the Ord. No. 79-62. ▪ h.
' The granting of this variance by the Board of Zoning Appeals oil?
' does not make or imply any assurances that the subject property • }_ yr
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or structures are not subject to flood damages.
,Further, the granting of this variance shall not create Ilabil- '
ity on the part of Collier County or by any officer or employee f
1 thereof for any flood damages that result from reliance on this '' '
4 , 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. '
Yf
•Commissioner Kruse motioned, seconded by Commissioners
r. ,'t Brown for the adoption of this Resolution. Upon call for
the vote, the motion carried. • o
BOARD OF COUNTY COMMISSIONERS f
• • DATE: January 5, 1982 COLLIER COUNTY, FLORIDA . f`
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A� ' 5T CF C BY: •1.a o i (.41•���' ,
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TP/sgg/65-I boo' 06`'PAGE 17
Planning Dept.
12/11/81
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