Resolution 1987-174 •
AUGUST 4, 1987
4.
F.ESOLUTION 87 - 174
RELATING TO PETITION FDPO-87-4 FOR A VARIANCE ,.
FROM THE MINIMU1 BASE FLOOD ELEVATION REQUIRED
•fir ? BY THE FLOOD DAMAGE PREVENTION ORDINANCE •
4 (ORDINANCE 986-1.8). M1
WHERFAS, the petitioners Marco Bay Associates and Anglers Cove Condominium
•
Association desire to continua using an enclosed area below the flood plane as
• a maintenance shop in Unit 21.0, Building C, Anglers Cove Condominium, and has
requested a variance from the Minimum Base Flood Elevation required by Ord. No.
• °, 86-28; and ••
WHEREAS, the Board of Zoning Appeals has held a public hearing as required
y
by law; has reviewed Petition FDPO-87-4 in accordance with Section 18 (5), (6)
and (7), and has made a fin2,ing that the granting of this petition complies
with the intent and purpose of Ordinance. 86-28 as follows:
(5) The 4 foot reduction from the Flood Insurance Rate Map (FIRM) 10'
' National Geodetic Vertical Datum (NGVD) requirement to 6' 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 -
r� 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 tt
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). j
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition
FDPO-87-4 is hereby granted subject to the following conditions:
1. The variance shall be for the reduction of the Minimum Base Flood
.�.
Elevation required by Crdinance No. 86-28 from 10 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 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
106 PA
33.4
600
� 6
BOOK 106 PAcE 34
A ULT 4, 1987
. insurance will be commensurate with the increased risk resulting from
the reduced lowest floor elevation." r'
3. The granting of this variance has been predicated principally on the
. , engineering data and in'ormation provided by the petitioner and a review r.
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.
.1' • •, 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 'I. r:
follows: '
COMMISSIONER Saunders Motioned and aye
•
COMMISSIONER Goodnight Seconded and aye
t COMMISSIONER Pistor Aye -
COMMISSIONER Glass Aye
COMMISSIONER Hasse Aye
4
e DATE: August 4, 1987 BOARD OF COUNTY COMMISSIONERS
". COLLIER COLTr , FLORIDA e
• ATTEST; '
COMMI•
. /.y/�
.TAMBS,C, GILES, CIERK MAX . HASSE, JR., HAIRMAN
t - •
By:/ 4A/
ViLg.ini agri; Deputy lerk•
! • ,.
I Approved,as to•form and legal
• suffi.ciency:.�',
__.c _ . i
r.` Kenneth B. Cuyler
County Attorney
I.'
TMcD/
Planning Dept.
A2/FDP0-87-4