Resolution 1987-124 JUNE 2, 1987
RESOLUTION 87 - 124
RELATING TO PETITION FDPO-87-2 FOR A VARIANCE
• FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED
-"�I
BY THE FLOOD DAMAGE PREVENTION ORDINANCE A
(ORDINANCE #86-28).
WHEREAS, the petitioner William Fotre desires to build a single-family
home at 2663 Becca Avenue (Lot 35, Rebecca Weeks Subdivision) and has requested
a variance from the Minimum Base Flood Elevation required by Ordinance No.
86-28; and
WHEREAS, the Board of Zoning Appeals has held a public hearing as required
by law; has reviewed Petition FDPO-87-2 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 Ordinance 86-28 as follows:
•
(5) The 2.27 foot reduction from the Flood Insurance Rate Map (FIRM) 9'
National Geodetic Vertical Datum (NGVD) requirement to 6.73' NGVD is
the minimum variance necessary, considering the flood hazard, to •
afford relief, as the home to the Wert is at an elevation of 5.83'
NGVD and the home to the east is at 4.65' NGVD.
, (6) The variancg is issued upon a
(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
r
• 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
S.:
• --those contained in 'Paragraph It 1(7) ,,(e-m). :.', r `±, ,
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition
FDPO-87-2 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 9 feet NGVD to 6.73 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
1
BOOK 104 PAGE 597
600K 104 rAn 598 2, 198 .
constitute compliance with Section 18, Paragraph (10) of Ordinance 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 N
• 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
admir'strative 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 Glass Motioned and aye
COMMISSIONER Saunders Seconded and aye T
COMMISSIONER Pistor
A
•
ye
COMMISSIONER Goodnight Aye r
-'re COMMISSIONER Hasse - Aye •
f • DATE: June 2, 1987 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
aTTE A 79 EY:
,2 /
tif9ES.O:•$ S, CLERK MAX SSE, JR., Cha irman irman 1
n : ;,,,Virg',. a MMygri, Depu Clerk% •
. Approved-gas to form
4f,a��d•7ea�i', efficiency:
J
Kenneth B. Cuyler
County Attorney
t.
• ' FDPO-87-2 RESOLUTION •