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Resolution 1986-129 t • 095fA�.t fi95 Asst 5, 1986 min RESOLUTION 86 - 129 RELATING TO PETITION FDPO-86-2 FOR A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORD. 86-28). WHEREAS, the petitioner Michael J. Willing desires to build a single family home at 442 Palm Court (Lot .3, Block H, Unit 2, Conner's Vanderbilt Estates) and has requested a variance from the Minimum Base Flood Elevation required by the Ord. No. 86-28; and, WHEREAS, the Board of Zoning Appeals has held a public hearing as required by law; has reviewed Petition FDPO-86-2 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. 86-28 as follows: (5) The 5.5 foot reduction from the Flood Insurance Rate Map (FIRM) 12' National Geodetic Vertical Datum (NGVD) requirement to 6.5' NGVD is the minimum variance necessary, considering the flood hazard, to afford relief, as the adjoining home on the east is at an elevation of approximately 6.5' NGVD, and the variance will put the petitioner's home at about the same elevation. (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 excentional 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. 86-28, especially those contained in Paragraph 18 (7) (a-n). NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition FDPO-86-2 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 No. 86-28 from 12 feet NGVD to 6.5 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 • t August 5, 1986 constitute compliance with Section 16, Paragraph (10) of Ord. No. 86-28 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 the Ord. No. 86-28. 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 • 41 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. • This Resolution adopted after motion, second and roll call vote ,as 0 follows: COMMISSIONER Holland Motioned and aye . ;7 • COMMISSIONER Hasse Aye COMMISSIONER Voss Absent and not voting COMMISSIONER Goodnight Aye . COMMISSIONER Pistor Nay • DATE: August 5. 1986 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA , ATT4S1': BY: 1-*\ f/—is V 4 Trt A2W.CEILES,. CLERK •�.w,� p JO A. PISTOR, CHAIRMAN . ` ' 4' 1"?.....,'1,..:, •••jor , 'yYgin-fa ! ,s;�eputy clerk '1iIoved as'==to'rtorm and legal sit.f ftniency,;©1,' Kenneth B. Cuyler County Attorney BOOK 095 FAr.!696 . TMcD/ael/1 Planning Dept. A2