Resolution 1983-022 RESOLUTION 83 - 22
RELATING TO PETITION FDPO-83-V-1 FOR A
• VARIANCE FROM THE MINIMUM BASE FLOOD
ELEVATION REQUIRED BY THE FLOOD DAM-
AGE PREVENTION ORDINANCE (ORD. NO.
79-62).
WHEREAS, the petitioner William L. Slocum has built a single family
residence at 1765 North Bahama Avenue (Lot 5, Block 71 , Unit 3, 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-83-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 1 .2 feet reduction from the Flood Insurance Rate Map
(FIRM) 12 National Geodetic Vertical Datum (NGVD) re-
quirement to 10.8 NGVD is the minimum variance necessary,
• considering the flood hazard, to afford relief, as the home
has already been completed and there is no practical altera-
tion which could alleviate the problem.
(6) The variance is issued upon:
•
4,
(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,
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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-I)
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals,
that Petition FDPO-83-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
10.8 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:
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•
"Any applicant, to whom a variance is granted,
rr.,
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."
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 Holland motioned, seconded by Commissioner
Brawn for the adoption of this Resolution. Upon call for
the vote, the motion carried.
•
BOARD OF COUNTY COMMISSIONERS
, DATE: February 15, 1983 COLLIER COUNTY, FLORIDA ,'"
ATTEST: 2 BY: ,4=4. — �—'� • . 'IRMAN
WILLI J ' EAGAN, CLERK
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L 6 C�:
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TMC D/na/65-0
Planning Dept.
1/19/83
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00800648 1983 MAR. AN II O: � OC 1 01 I 000548
OLLIER COUNTY PAGE
RECORDED 0R BOOK
• tA/ NOTICE OF VARIANCE TO FLOOD
DAMAGE PREVENTION ORDINANCE
Notice is hereby given that the Collier County Board of County Commis-
sioners 44
did this 15th day of February, 1983, grant to:
William L. Slocum
a variance to the Flood Damage Prevention Ordinance (County Ordinance
No. 79-62).
The property on which this variance was granted is located at: 1765
North Bahama Avenue (Lot 5, Block 71, Unit 3, Marco Beach Subdivision.)
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Remarks:
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NOTE: The granting of this variance will result in higher flood
insurance rates for this property.
• By: �1:, _
Planning Director
WITNESS MY HAND AND SEAL this /,,,/ 7/.., day of 1983.
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• •
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•, , Notary Public
,BEAD); Notary Public. State of Florida
tr' My Commission Expires July 5, 1985
N9 Cpmmission Expires: 11.6414 1444. U6,f6.11•sasenaM,Irk 4
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