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Resolution 1983-176 14 RESOLUTION 83 - 176 RELATING TO PETITION FDPO-83-V-5 FOR A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORDINANCE NUMBER 79-62). ' .r WHEREAS, the petitioner Rosanna Loach desires to build a single '' family home at 401 Capri Blvd. (Lot 593, Unit 3, Isle of Capri Subdivision) . and has requested a variance from the Minimum Base Flood Elevation • required by 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-5 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 3.5 foot reduction from the Flood Insurance Rate Map (FIRM) + 11' National Geodetic Vertical Datum (NGVD) requirement to 7.5 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 Number 79-62, especially those contained in Paragraph 18 (7)(a-l) • NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition FDP0-83-V-5 is hereby granted subject to the following conditions: • 1. The variance shall be for the reduction of the Minimum Base Flood Elevation required by Ordinance Number 79-62 from 11 feet NGVD to 7.5 feet NGVD. 2. The Chief Administrative Official shall mail a copy of this Resolution 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 permitted to be built with the lowest floor elevation " • below the base flood elevation, the cost of flood • insurance will be commensurate with the increased risk resulting from the reduced lowest 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 • 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 Holland motioned, seconded by Commissioner Pis tar for the adoption of this Resolution. Upon call for the vote, the motion carried. BOARD OF COUNTY COMMISSIONERS 'DATE: October 4. 1983 COLLIER COUNTY, FLORIDA •ATTZ�':.Cj BY: .� • WILLr �tEACAN, CLERK '�/ , * ' CI CHAIRMAN By: "Clerk / 4„.> • } Planning Dept. • 3552 . , O 5 1!'.9 CCT IP f . 2: r.? COLLIER 'COUNTY RECORDED 0 0 NOTICE OF VARIANCE TO FLOOD 73 ,, S� DAMAGE PREVENTION ORDINANCE O 0 i CI 431" Notice is hereby given that the Collier County Board of County PC CA Commissioners did this 4th day of October , 1983, grant to: Rosanna Loach r'' a variance to the Flood Damage Prevention Ordinance (County Ordinance No. 79-62). The property on which this variance was granted is located at: O O 401 Capri Blvd. (Lot 593, Unit 3, Isle of Capri Subdivision) �, tOA Remarks: t9 CIO NOTE: The granting of this variance will result in higher flood insurance rates for this property. By: ' . %G%C Planning Director , ' • • WITNESS MY HAND AND SEAL this /t -,day of ( e n--(,4_. , 1983. I1±L J ` Notary Public o ,J (SEAL) J /� �! My Commir;sIon Exp1redi' . • . 'i) • ',.' r J� J' a C Notice Of Variance Form � `(N aril i u p Raco r^I,►} ILLINd 1• EAC:n O.G. py LAURA PUKOf'.