Resolution 1982-025 BOOK 067 PACs 511 February 16, 1982
RESOLUTION 82 - 95
RELATING TO PETITION FDPO-82-V-1 FOR A
,
VARIANCE FROM THE MINIMUM BASE FLOOD ' . .
ELEVATION REQUIRED BY THE FLOOD DAM-
AGE PREVENTION ORDINANCE (ORD. NO.
. ..:,r. 79-62).
WHEREAS, the petitioner Marco Beverages, Inc.. desires to build •
an addition to a drive-through beverage store/auto repair shop at 722 - '
•
Elkcam Circle, Marco Island (Lot 2, Block 777, Unit 4, Marco Beach
Subdivision and has requested a variance from the Minimum Base Flood
•
Elevation required by the Ord. No. 79-62; and,
WHEREAS, the Board of Zoning Appeals has held a public hearing •
as required by law; has reviewed Petition FDPO-82-V-1 in accordance
•
with Section 18 (5), (6) and (7), and has made a finding that the
• granting of this petition complies with the intent and purpose of
Ord. 79-62 as follows:
(5) The 5 feet reduction from the Flood Insurance Rate Map
(FIRM) 12' National Geodetic Vertical Datum (NGVD) require-
ment to 7' NGVD is the minimum variance necessary, con-
,
sidering the flood hazard, to afford relief, as the existing
structure is at an elevation of approximately 7' NGVD and the
requested variance will put the addition at the same elevation.
(6) The variance is issued upon:
y
(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 i
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 Zoning Appeals
•
•
has considered all technical evaluations provided to it, all
t relevant factors, the standards specified in Ordinance
No. 79-62, especially those contained in Paragraph 18 (7)(a-l) .
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals,
• that Petition FDPO-82-V-1 is hereby granted subject to the following
conditions:
1. The variance shall be for the reduction of the Minimum Base Flood
Elevation required by Ord. No. 79-62 from 12 feet NGVD to 7 feet •
NGVD. _
2. The addition shall be so designed that the offices, bathrooms,
electrical and mechanical equipment are above the flood plain.
3. The construction materials shall not be susceptible to flood ;
' damage.
•
4. The Chief Administrative Official shall mail a copy of this Resolu-
Lion to the petitioner by registered return receipt and such mailing
February 16, 1982
•
• shall constitute compliance with Section 18, Paragraph (10) of •
Ord. No. 79-62 which reads as follows:
"Any applicant, to whom a variance is granted,
shall be given written notice that when a
structure is permitted to be built with the
lowest habitable floor elevation below the
base flood elevation, the cost of flood insur-
ance will be commensurate with the increased
• risk resulting from the reduced lowest habitable
floor elevation."
5. 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.
Commissioner Pistor motioned, seconded by Commissioner
Wenzel for the adoption of this Resolution. Upon call for •
the vote, the motion carried.
BOARD OF COUNTY COMMISSIONERS
DATE: February 16, 1982 COLLIER COUNTY, FLORIDA
,, e,,r C� G�� -
• \\ ATT EST: BY
WILLIA,M•�J. t 'GAN, C • , CHAIRMAN
e/
4
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BOOK 067 PAGE 512
TP/sgg/GS-S
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• 00747658
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000959 001917
COLLIER �z �::s� �
COIINTY OR BOOK PAGE
RECORDED
NOTICE OF VARIANCE TO FLOOD
DAMAGE PREVENTION ORDINANCE
Notice is hereby given that the Collier County Board of County Comms-
sioners did this 16th day of February, 1982 grant to:
P.B. LAWRENCE/MARCO BEVERAGES, INC.
a variance to the Flood Damage Prevention Ordinance (County Ordinance
No. 79-62) .
The property on which this variance was granted is located at: 722
Elkcam Circle, further described as Lot 2, Block 777, Unit 4, Marco Beach
• Subdivision.
Remarks: This variance was granted to build an addition to the existing
Marco Beverage building.
NOTE: The granting of this variance will result in higher flood
insurance rates for this property.
• By:
Community Dev opment Adult 'strator
WITNESS MY HAND AND SEAL, this '7/ day of ?1,L • , 1982.
Notary Publi -
.
(SEAL) Ncta+y iullc, Stag �1 :'•r1�
•
My (o;r n.ission C><F+res luly 5, 585
My Commission Expires :
TMcD/na/65-V
Recorded and Vorifl�
COL/j Ol,it,al Kcc,:.l,,,l
WILLbEk C:L)JTY, rL_RID^
by DEE LANG,D:C.