Resolution 1987-111 MAY 19, 1987 " ': :-
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RESOLUTION 87 - 111
RELATING TO PETITION FDPO-87-1 FOR A VARIANCE
FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED
BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORD.
86-28).
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WHEREAS, the petitioner, Ronto Developments Florida, desires to build
•public swimming pool baths at 820 Hideaway Beach Circle East, more particularly .
described as follows:
Commence at the intersection of Wild Coffee Lane and Hideaway Circle East .
• as shown in said plat of Hideaway Beach; thence run N9d00'00"W for 122.00 feet
to a point; thence run S73d00'00"W for 30.30 feet to the Point of Beginning of
the herein described parcel of land; thence run S73d00'00"W for 585.00 feet to
a point; thence run S9d00'00"E for 405.00 feet to a point; thence, run
Bf87d40'16"E for 110.11 feet to a point; thence, run N28d',5'00"E for 250.00 feet
to a point; thence run N73d00'00"E for 320.00 feet to a point; thence run
N9d00'00"W for 257.00 feet to the Point of Beginning of said parcel, and has
requested a variance from the Minimum Base Flood Elevation required by the Ord.
Do. 86-28; and,
WHEREAS, the Board of Zoning Appeals has held a public hearing as required
by law; has reviewed Petition FDPO-87-1 in accordance with Section 18 (5), (6)
' ' and (7), and has made a finding that the granting of this petition complies j
F'ith the intent and purpose of Ord. 86-28 as follows:•
' o. (5) The 6 foot reduction from the Flood Insurance Rate Map (FIRM) 12'
National Geodetic Vertical Datum (NGVD) requirement to 6' NGVD is the
minimum variance necessary, considering the flood hazard, to afford
relief.
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(6) The variance is issued upon:
(a) A showing of good and sufficient cause based on review of
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considerations contained in (7), following.
(b) A determination that failure to grant the variance would result
` in exceptional hardship to the applicant.
• • 4 ) A .determination that the„granting.of .a •variance ad,l.1 ,rat result
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in increased flood heights, additional threats to public safety, "1
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-1).
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�% MAY 19, 1987
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition
FDPO-87-1 is hereby granted subject to the following conditions:
s 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.
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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
t 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
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 .
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administrative decision lawfully made thereunder.
In accepting this variance, the petitioner assumes all responsibility )
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for any property damage resulting from its application. .
This Resolution adopted after motion, second and roll call vote as
follows:
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COMMISSIONER Pistor Motioned and Aye
COMMISSIONER Glass Seconded and Aye
s COMMISSIONER Saunders Aye•
COMMISSIONER Goodnight Aye-
COMMISSIONER Hasse Aye
DATE: MAY 19, 1987 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY., .FLORIDA
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ATTEST: BY: /�i/��
• JAMES GILESr,..CLER.X• MAX HASSE, CHA
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A��proig.d'as 'to formandGlea1
sufficiency:..: Ir i '.
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Kenneth 8.',C4 le •
County Attorney"
• T)fcD/el
Planning Dept. '
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