Resolution 1983-190 RESOLUTION 83 - 190
RELATING TO PETITION FDPO-83-V-7 FOR A VARIANCE FROM
THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE
FLOOD DAMAGE PREVENTION ORDINANCE (ORDINANCE NUMBER
79-62).
WHEREAS, the petitioner C. Mark Cleary desires to build a single
family home at 446 Tradewinds Avenue (Lot 3, Block M, Connor's Vanderbilt
Beach Estates, Unit /2) 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-7 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 5 foot reduction from the Flood Insurance Rate Map (FIRM)
12' National Geodetic Vertical Datum (NGVD) requirement to 7.0'
NGVD is the minimum variance necessary, considering the flood
hazard, to afford relief.
y,` 3 (6) The variance is issued upon:
YY, .4;1, (a) A showing of good and sufficient cause based on review of
Aim �£g•l•..'
>YSr' considerations contained in (7), following.
(b) A determination that failure to grant the variance would
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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
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relevant factors, the standards specified in Ordinance Number
` �' r'� h4`1 79-62, especially those contained in Paragraph 18 (7)(a-l)
y` r NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that
'1 °' Petition FDPO-83-V-7 is hereby granted subject to the following conditions:
y jy,i,�.•u �.
1. The variance shall be for the reduction of the Minimum Base Flood
Elevation required by Ordinance Number 79-62 from 12 feet NGVD to
7 feet NGVD.
2. The Chief Administrative Official shall mail a copy of this
Resolution to the petitioner by registered return receipt and such
4e14&,'; mailing shall constitute compliance with Section 18, Paragraph (10)
+ " ` of Ordinance Number 79-62 which reads as follows:
f•'Y is ;.
"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 Pistor motioned, seconded by Commissioner
Brown for the adoption of this Resolution. Upon call
for the vote, the motion carried.
BOARD OF COUNTY COMMISSIONERS
DATE: October 25. 1983 COLLIER COUNTY, FLORIDA
� � , BY: j .ci2;71-&
�� .mot f
ti� .•
WILL I'AM i REAGAN, CLERK / , CH I
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Planning Dept.
08Z.. 2 C 2 r7.23 if) 0r: I04 9 00001 7
CP;.�i R CCATY o `C�RDEb OR C00h PAGE•
•
NOTICE OF VARIANCE TO FLOOD
DAMAGE PREVENTION ORDINANCE
Notice is hereby given that the Collier County Board of County
Commissioners did this 25th day of October, 1983, grant to:
C. Mark Cleary
a variance to the Flood Damage Prevention Ordinance (County Ordinance
No. 79-62).
The property on which this variance was granted is located at:
466 Tradewinds Ave (Lot 3, Block M, Connor's Vanderbilt Beach Estates)
Remarks:
NOTE: The granting of this variance will result in higher flood
insurance rates for this property.
Planning D rector
WITNESS MY HAND AND SEAL this' " day of r"t!'�" ' 1983.
Notary Public
. ti
(SEAL) Rotary Mk. WU of &ride
->My •CgpDrfiesion Ex.pi re • Gws1s _ s• 1983
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Notice Of Variance Form
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