Resolution 1983-139 RESOLUTION 83 - 139
RELATING TO PETITION FDPO-83-V-4 FOR A VARIANCE FROM
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THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD
, ` DAMAGE PREVENTION ORDINANCE (ORDINANCE NUMBER 79-62) .
WHEREAS, the petitioner San-B Investments desires to build an Auto
Body Shop at 1765 Commercial Drive (W125' of Lot 49 Naples Commercial
Center) and has requested a variance from the Minimum Base Flood Elevation
required by the Ordinance Number 79-62; and,
WHEREAS, the Board of Zoning Appeals has held a public hearing as
required by law; has reviewed Petition FDPO-83-V-4 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 Ordinance Number
79-62 as follows:
(5) The 2.75 foot reduction from the Flood Insurance Rate Map (FIRM)
9' National Geodetic Vertical Datum (NGVD) requirement to 6.25'
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
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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
i,• ' 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
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relevant factors, the standards specified in Ordinance Number
79-62, especially those contained in Paragraph 18 (7) (a-1)
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that
Petition FDPO-83-V-4 is hereby granted subject to the following conditions:
1 . The variance shall he for the reduction of the Minimum Base Flood
Elevation required by Ordinance Number 19-62 from 9 feet NGVD to 6.25
feet NGVD.
2. This variance is granted only for those areas requiring automobile
accessibility. The bathrooms and office areas are to be built at
the required elevation.
3. The Chief Administrative Official shall mail a copy of this Resolu-
4' ? tion to the petitioner by registered return receipt and such mailing
shall constitute compliance with Section 18, Paragraph (10) of
Ordinance Number 79-62 which reads as follows:
"Any applicant, to whom a variance is granted, shall
be given written notice that when a structure is
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permitted to be built with the lowest habitable
floor elevation below the base flood elevation, the
cost of flood insurance will be commensurate with
+`l the increase risk resulting from the reduced lowest
habitable floor elevation."
4. 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
• Ordinance Number 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
liability 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
• responsibility for any property damage resulting from its
application.
Commissioner Pistor motioned, seconded by Commissioner
--" Hollar+d for the adoption of this Resolution. Upon call
for the vote, the motion carried.
BOARD OF COUNTY COMMISSIONERS •
DATE: August 23, 1933 COLLIER COUNTY, FLORIDA
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ATTEST: - BY: A
,.,WIILIAM J..•'REAGAN,, CLERK CHA •
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Planning Dept.
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001039 000635
+ 00829016 r?3 ,, 0 33 t..". ,, ;1
OR BOOK PAGE
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COLLIER COUNTY RECORDED .
NOTICE OF VARIANCE TO FLOOD
DAMAGE PREVENTION ORDINANCE
• V�� Notice is hereby given that the Collier County Board of County
Commissioners did this 23rd day of August, 1983, grant to:
San-B Investments
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a variance to the Flood Damage Prevention Ordinance (County Ordinance
No. 79-62).
a
4 The property on which this variance was granted is located at:
1765 Commercial Drive (W125' of Lot 49, Naples Commercial Center)
Remarks:
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This Variance was granted only for those areas requiring automobile
e . accessibility, the bathrooms and office areas are to be built at the
required elevation.
NOTE: The granting of this variance will result in higher flood
insurance rates for this property.
By: FyL.,''-- c
Planning Director
WITNESS MY HAND AND SEAL this,_, 0,4/day of ,�Lt. .«._,..L. , 1983.
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Notary Public
(SEAL) Mary mac, Si*of AN* •
, My Commission Expires:01 COMIMilliN bilis 1i1►S.MS
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i C Notice Of Variance Form
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