Resolution 1982-035 RESOLUTION 82- 35
RELATING TO PETITION FDPO-82-V-2 FOR A
VARIANCE FROM THE MINIMUM BASE FLOOD
ELEVATION REQUIRED BY THE FLOOD
DAMAGE PREVENTION ORDINANCE (ORD. NO.
79-62).
WHEREAS, the petitioner Melvin L. Oilman desires to build a home
at 841 South Heathwood Drive, Marco Island (Lot 20, Block 317, Unit
13, Marco Beach Subdivision) and has requested a variance to build one
•;,'� of the bathrooms of said home below the Minimum Base Flood Elevation
; (BFE) 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-81-V-2 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 6 feet reduction from the Flood Insurance Rate Map
(FIRM) 13 feet National Geodetic Vertical Datum (NGVD) re-
quirement to 7 feet NGVD is the minimum variance necessary,
considering the flood hazard, to afford relief.
(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.
(7) In passing upon this variance, the Board of Zoning Appeals
has considered all technical evaluations provided to it, all
relevant factors, the standards specified in Ordinance
No. 79-62.
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals,
P '
that Petition FDPO-82-V-2 is hereby granted subject to the following
conditions:
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1 . The variance shall be for the reduction of the Minimum Base Flood
Elevation required by Ord. No. 79-62 from 13 feet NGVD to 7 feet
NGVD.
• 2. The Chief Administrative Official shall mail a copy of this Resolu-
tion to the petitioner by registered return receipt and such mailing
shall constitute compliance with Section 18, Paragraph (10) of
Ord. No. 79-62 which reads as follows:
� 1• ,. "Any applicant, to whom a variance is granted,
shall be given written notice that when a �•
Ya structure is permitted to be built with the
fa
lowest habitable floor elevation below the ,:1';'•f
444 •s•'
s t base flood elevation, the cost of flood insur-
ance will be commensurate with the increased
Y;. 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.
. • Commissioner Brown motioned, seconded by Commissioner
Pistor for the adoption of this Resolution. Upon call for
the vote, the motion carried.
BOARD OF COUNTY COMMISSIONERS
y't DATE: March 23, 1982 A'
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COLLIER COUNTY, FLORIDA
`;; ATTEST: Z )
\ WILLIAM/J. REA Y, CLERK , CHAS AN
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TP/cm/65-BB
Planning Dept.
'00T524 5 ! reAR29 AM !I: I7
000 ° 64 001005
' OR BOOK PAGE
COLLIER COUNTY RECORDED
' NOTICE OF VARIANCE TO FLOOD
DAMAGE PREVENTION ORDINANCE
Notice is hereby given that the Collier County Board of County Commis-
sioners did this 23rd day of March, 1982 grant to
MELVIN L. OLLMAN
a variance to the Flood Damage Prevention Ordinance (County Ordinance
No. 79-62) .
The property on which this variance was granted is located at: _
841 South Heathwood Drive further described as
Lot 20, Block 317, Unit 13, Marco Beach Subdivision
Remarks: This variance was granted in order to locate one bathroom
below the minimum Base Flood Elevation.
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NOTE: The granting of this variance will result in higher flood
insurance rates for this property.
By: i > l
Planning Director
WITNESS MY {AND AND SEAL thi>v>16 c day of >'")J`^"'"'� , 1982.
Notary Pu is
(SEAL) c;, E
(�Inrta: x ,res Ju!,r 1985
My Commission Expires:
M Y icn ti J
TMcD/na/65-DD
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•
Recorded and Verified
In Official Records of
COLLIER COUNTY, FLORIDA
WILLIAM 1. REAGAN,CLERK
By LAURA PROKOP, D.C.