Resolution 1982-016 t
' February 2, 1982
RESOLUTION 82.- 16._
�, RELATING TO PETITION FDPO-81-V-17 FOR A
VARIANCE FROM THE MINIMUM BASE FLOOD
ELEVATION REQUIRED BY THE FLOOD DAM-
. PREVENTION ORDINANCE (ORD. NO. ','`.k',
79-62).
km As
WHEREAS, the petitioner PoWer Cdrporation desires to build a 4*
Meetin /Recreation Hall at Hyde Park Condominium complex on a portion
g ,+r
h of Parcel P, Unit 2, of Pelican _Bay Subdivision and has requested a
variance from the Minimum Base Flood Elevation required by the Ord:
No. 79-62; and, •,r r,
WHEREAS, the Board of Zoning Appeals lies held a public hearing . ''Ka'
` .•
as required by law; has reviewed Petition FDPO-81-V-17 in accordance ,
with Section 18 (5), (6) and (7), and has made a finding that the
N granting of this petition complies with the intent and purpose of
li Ord. 79-62 as follows: .
(5) The 4 feet reduction from the Flood Insurance Rate Map •
I.
" (FIRM) 12 National Geodetic Vertical Datum (NGVD) re-
4 quirement to 8 NGVD is the minimum variance necessary, .
,Y considering the flood hazard, to afford relief.
(6) The variance is Issued updn:
e.` (a) A showing of good and sufficient cause based on review
4 of considerations contained in (7), following.
ii (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
41 public safety, extraordinary public expense, create
',;j • nuisances, cause fraud on or victimization of the public,
• or conflict with existing local laws or ordinances.
x (d) 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 further reduce this risk,
to tl t.r ��
tr, the Board of Zoning Appeals has conditioned its approval
• on the applicant's assurance that the proposed addition
Y
will be flood-proofed and that all materials used in is
r !
.. (, construction and any furnishings placed therein shall be
I • capable of withstanding inundation as provided for by
I.
• � the flood-proofing classification W-4 In the torps of }.
i Engineers Flood-Proofing Regulations (Document Number ,` :
EP 11652314). s1%.
•
(7) In passing upon this variance, the Board of Zoning Appeals f`
• has considered all technical evaluations provided to It, all . 'Y ,e,...
relevant• factors, the standards specified In Ordinance ';?% jf-:
,r
No. 79-62. <� i .
` NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, • :e,
': that Petition FDPO-61-V-17 Is hereby granted subject to the following- {h .
•
Y� conditions: •
eooX 067 PACtS44 *. J J.
BOOK 067 PACe 34J February 2, 1982 ' •
1. Tho variance shall be for the reduction of the Minimum Base Flood
Elevation required by Ord. No. 79-02 fLon 12 foot NGVD to # '
• 8 foot NGVD. ,.
y 2. Further, It Is conditioned 'on compliance with the U.S. Corps of
_- Engineers Flood-Proofing standards as referenced above. The ;
H Chief Administrative Official shall mall a copy
C of this Resolution to
the petitioner by registered return' receipt and such mailing shall ,.
■ constitute compliance with Section 18, Paragraph (10) of
' Ord. No 79-62 which roads as follows: <„' '
"Any applicant, to whom a variance is granted, �, J
El shall be given written notice that when a t1'
1 structure is permitted to be built with the ;�,:
i lowest habitable floor elevation below the u.
' base flood elevation, the cost of flood Insur- 'A,.
. k
e
ance will be commensurate with the increased
risk resulting from the reduced lowest habitable ,
floor elevation.”
I:` 3. The granting of this variance has been predicated principally on
r„, the engineering data and information provided by the petitioner
and a review of same with respect to the considerations required -
i by the Ord. No. 79-62.
to Tho granting of this variance by the Board of Zoning Appeals
. `rid
; does not make or imply any assurances that the subject property
" •h or structures are not subject to flood damages; nor . shall the
h.
• granting of this variance create liability on the part of Collier
County or by any officer or employee thereof for any flood dam-
1 • • ages that result from reliance on this variance or any tdministra-
} Live decision lawfully made thereunder.
n 1
t In accepting this variance, the petitioner a•:sumes all respon-
sibility for any property damage resulting from its application. •
r
' � Commissioner 15istor motioned, seconded by Commissioner
Wenzel for the adoption of this Resolution. Upon call for ``
the vote, the motion carried.
i ti
` BOARD OF COUNTY COMMISSIONERS.
DATE: February 2, 1982 COLLIER COUNTY, FLORIDA
t , 1'I
`u1 ,ATTI:S,T: BY: J .lf.�tf' G% },
. • •• ..WILLIAI�i•J. - .AGAN, * C.R. " U S" WIMER, CHAIRMAN ,r.,
ir e, 7 / F {
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• 'P1ai.ning Dept. .
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