Resolution 1987-293 2. DEC221987
RESOLUTION 87 - 293
RELATING TO PETITION FDPO-87-7 FOR A VARIANCE • ,
?'' FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED
BY THE FLOOD DAMAGE PREVENTION ORDINANCE
(ORDINANCE #87-80).
WHEREAS, the petitioner Waverly Development desires to build a public
swimming pool bath at 881 Collier Court (Lot 33, Block 338 and a portion of (b
Tract B Marco Beach Unit 10) and has Eby requested a variance.,.
q from the Minimum Base
� Flood Elevation required by the Ord. No. 87-80; and
WHEREAS, the Board of Zoning Appeals has held a public hearing as required
by law; has reviewed Petition FDPO-87-7 in accordance with Section 18 (5), (6)
and (7), and has made a finding that the granting of this petition complies
v.,. •` with the intent and purpose of Ordinance. 87-80 as follows:
(5) The 3 foot reduction from the Flood Insurance Rate Map (FIRM) 11'
National Geodetic Vertical Datum (NGVD) requirement to 8' NCVD is the
minimum variance necessary, considering the flood hazard, to afford
relief.
The variance is issued upon:
•
4,:4Y•
(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
or victimization of the public, or conflict with existing local
laws or ordinances.
(7) In passing upon this variance, the Board o; Zoning Appeals has
' !t considered all technical evaluations provided to it, all relevant
factors, the standards specified in Ordinance No. 87-8o, especially
those contained in Paragraph 18 (7) (a-i). •
N0W, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that
Petition FDPO-87-7 is hereby granted subject to the following conditions:
a
1. The variance shall be for the reduction of the Minimum Base Flood ar
4604# �R Elevation required by Ordinance No. 87-80 from 11 feet NGVD to 8 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. 87-80 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
V: with the lowest floor elevation below the base flood elevation,
BMG 110 pAq
..6GC^ 110 PAG. $1 DEC 2 21987
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
r of same with respect to the considerations required by the Ord. No. 87-80.
, .4 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
i 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 I
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:
J �
' COMMISSIONER Pistor Motioned and aye
COMMISSIONER Saunders Seconded and aye
, COMMISSIONER Hasse Aye
COMMISSIONER Goodnight Aye
COMMISSIONER Glass Aye •
iI
DATE: December 22, 1987 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
•
�' �XTTEST: BY: �-�---
N , JAMES GILES, CLERK CHAIRMAN '
(;
SC wJPrj
f
cr Approvedas to form and legal ' r
is sufficiency: c ;. 1. ?•' !C) f
r t 1 •� s icoalt
Kenneth B. Cuy a„c
County Attorney.
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' ab' RES. WAVERLY DEV./FLOOD INS
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