Resolution 1982-049 RESOLUTION 82 - 49
RELATING TO PETITION FDP0-82-V-3 FOR A
VARIANCE FROM THE MINIMUM BASE FLOOD ELEVA-
T I ON REQUIRED BY THE FLOOD DAMAGE PREVENTION
ORDINANCE (ORD. NO. 79-62).
WHEREAS, the petitioner ROBERT H. VOSBURGH desires to build a home
at 1131 Eddington Place (Lot 31, Block 1, Old Marco Village), 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-3 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 2.8 feet reduction from the Flood Insurance Rate Map: �, (FIRM) 12' National Geodetic Vertical Datum (NGVD) re-
quirement to 9.2' NGVD is the minimum variance necessary, •
considering the flood hazard, to afford relief, as the adjoin-
ing home on the north is at an elevation of approximately
9.2' NGVD and the adjoining home on the south is at 8.67'
NGVD, the requested variance will put petitioner's home at
approximately the 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.
(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, especially those contained in Paragraph 18 (7)(a-m)
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that
Petition FDPO-82-V-3 is hereby granted subject to the following
• conditions:
1. The variance shall he for the reduction of the Minimum Base Flood
Elevation required by Ord. No. 79-62 from 12 feet NGVD to
9.2 feet NGVD.
2. The Chief Administrative Official shall mail a copy of this Resolu-
tion to the petitioner by registered return receipt and such mail-
• ing 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 he 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."
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 ifficer 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 Wenzel motioned, seconded by Commissioner
Pistor for the adoption of this Resolution. Upon call for .
the vote, the motion carried. ,: `
BOARD OF COUNTY COMMISSIONERS
DATE: April 20, 1982 COLLIER COUNTY, FLORIDA
ATTE E T: ; ex' (A) !�"'4_'�.
BY: r
. •'WiL M;tl /,REAGAN,,CL RK , CHAIRMAN
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0075.685.3 411 1992 APR27 E4 2: 1:5 •
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 20th day of April, 1982 grant to:
ROBERT H. VOSBURGH CD O
CO o
CO
a variance to the Flood Damage Prevention Ordinance (County Ordinance 0 a)
No. 79-62). 7
The property on which this variance was granted is located at:
1131 Edington Place further described as Lot 31,
Block 1, Old Marco Village
' I
Remarks:
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•
NOTE: The granting of this variance will result in higher flood
insurance rates for this property.
Planning ire or
J fa WITNESS MY HAND AND SEAL this 1 day of , 1982.
Notary Public
(SEAL) ..,air. of .:ocda
My Commission Expires July 5, 1985
My Commission Expires: bondsc Thru uoy fbn•.n34rOpCO3 Inc.
TMcD/na/65-FF
Recorded and Verified
In Offlciol Records of
COLLIER COUN1Y FLCR.UA
WILLIAM J. REAGAN, CLERK
By LAURA PROKOP.O.C.
•