Resolution 1986-159 September 9, 1986
RESOLUTION 86 - 159
RELATING.TO PETITION FDPO-86-3 FOR A VARIANCE
FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED
BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORD.
86-28).
WHEREAS, the petitioner Michael Sullivan desires to build a single family
home at 342 Bayside Avenue (Lot 9, Block K, Unit 2, Conner's Vanderbilt Beach
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-86-3 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 6 foot reduction from the Flood Insurance Rate Map (FIRM) 12' .6'
National Geodetic Vertical Datum (NGVD) requirement to 6' NGVD is the
minimum variance necessary, considering the flood hazard, to afford •
relief, as the adjoining home on the south is at an elevation of
4.86' NGVD, and the adjoining home on the north is at 5.45' NGVD, the
requested variance will put the elevation of the petitioner's home at
the same level.
(6) The variance is issued upon: 1
(a) A showing of good and sufficient cause based on review of
considerations contained in (7), following. j ,
(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. 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-86-3 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 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. 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,
1500K 097P g� 21
September 9, 1986
b00K Oi(dl /ry PACE 22 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
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
follows: •
•
COMMISSIONER Voss Motioned and aye
COMMISSIONER Goodnight Seconded and aye
COMMISSIONER Hasse Aye
COMMISSIONER Holland Aye
•
COMMISSIONER Pistor Aye
DATE: September 9, 1986 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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ATTEST'�1 ... D��;'- BY: I 1/
JAL !, �' `C• JO. A. PISTOR, CHAIRMAN
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APpr6 'eeZOL%,to form,aid legal
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Kenneth B. Cuyler
County Attorney
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Planning Dept.
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