Resolution 1985-211 October 15, 1985
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600( O9O No 22:7 RESOLUTION 85 - 211
RELATING TO PETITION FDPO-85-V-5 FOR A
VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION
REQUIRED BY THE FLOOD DAMAGE PREVENTION
ORDINANCE (ORD. NO. 79-62).
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4 WHEREAS, the petitioner Waverly Development Corporation desires to build
a public swimming pool bath at 848 Elcam Circle, Marco Island, Florida (Replat
of Unit 11, Lot 27, Block 357, 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 re-
quired by law; has reviewed Petition FDPO-85-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 Ord. 79-62 as follows:`.
(5) The 3.5 feet reduction from the Flood Insurance Rate Map (FIRM)
12 feet National Geodetic Vertical Datum (NGVD) requirement to 8.5
feet 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 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-85-V-5 is hereby granted subject to the following conditions:
1. The variance shall be for the reduction of the Minimum Base Flood Ele-
vation required by Ord. No. 79-62 from 12 feet NGVD to 8.5 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 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 be built with the
lowest floor elevation below the base flood
elevation, the cost of flood insurance will be
IMUMMMO
October 15, 1985
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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 rovided by the
P y 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 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 adminis-
trative decision lawfully made thereunder.
In accepting this variance, the petitioner assumes all responsibil-
ity for any property damage resulting from its application.
This Resolution adopted after motion, second and roll call vote as .
folIdws:
COMMISSIONER Pastor Motioned and aye
COMMISSIONER Goodnight Seconded and aye
COMMISSIONER Hasse . Aye
COMMISSIONER Holland Aye
COMMISSIONER Voss Aye
ii DATE: October 15, 1985 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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�ATTEST:.`,^;.'•. n�� BY: U
WILLIAM-J. ne( CLERK
e ..-* FRED�J. VOSS, CHAIRMAN
' � /,•i ,/ , �c'•
A i� i�'Q\
Approved as to form and
' legal sufficiency:
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•
Kenneth B. Cuyler .
Assistant County Attorney
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TMcD/sgc/MON-FDP0-85-V-5R
Planning Dept.
9/11/85
ROOK 090 Par t 228
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CILLIER COUNTY RECORDED OR BOOK PAGE ••
• •
NOTICE OF VARIANCE TO FLOOD
600K 090,6.44229 DAMAGE PREVENTION ORDINANCE October 15, 1985
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+. • Notice is hereby given that the Collier County Board of County •
Commissioners did this 15th day of October, 1985 grant to:
WAVERLY DEVELOPMENT CORPORATION •
a variance to the Flood Damage Prevention Ordinance (County Ordinance •
No. 79-62).
The property on which this variance was granted is located at:
848 ELcam Circle, Marco Island (Lot 27, Block 357 Marco Beach Unit
I1 Replat)
Remarks: •
NOTE: The granting of this variance will result in higher flood
insurance rates for this property. C ��
By:� —
•
/j'
Planning Director
WITNESS MY HAND AND SEAL this /7/6 day of 664- , 1985.
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V!15 'r`' Notary Publi
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^ Commission Expires AT (:"--''1'" Ec:ry 116' ''. 1`Jfi?
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NpCae,'OE',Dariance Form '
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Rocordoi orlC V.rlll.o
I.O'IKi.,Reco•.f CI
COLLIER COUNTY, IL•RIOA
WILLIAM).RE.4iAN •
• Clerk of CIrcuIl Coon
R-85-211 •
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