Resolution 1984-142 (FDPO-84-V-9) r 1 {r y.!,
(�� tr•ot r• RESOLUTION 04 - 142
COOK Utz 1AGC4 63 RELATING TO PETITION FDPO-84-V-
9 FOR A VARIANCE
FROM TUE MINIMUM REQUIREMENTS OF THE FLOOD
DAMAGE PREVENTION ORDINANCE (ORD. NO. 79-62).
M(ERZAS, the petitioner Williams Capri Marine, Inc., desires to build a
28' x 90' storage building on property described as 230 Capri boulevard (Lots
566 through 576, Isle of Capri business District), and has requested a
variance from the floodproofing requirements of Ord. No. 79-62, and,
WHEREAS, the Hoard of toning Appeals has held a public hearing as re-
quired by law, has rervlwed Petition FDPO-04-V-9 in accordance with Section 15
(S), (6) and (7), and His dada a finding that the granting of this petition
complies with the intent and purpose of Ord. 79-62 as follows,
(f) The grant et a variance in use a lesser degree of floodproofinq is
the minimum variance necessary, considering the flood harard, to
afford relief.
(6) The variance le Issued uprft
(a) A showing of good and sufticiont cause based on review
of considerations contained in (7), following. .
(b) A determination that failure to grant the variance would
result in exceptional herd►h,p 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 victimisation of the public, or conflict with
existing local laws or ordinances.
(7) In palming upon this variance, the $oard of Eoning Appeals has _ ..4
considered all technical evaluations provided to it, all relevant
factors, the standards specified in Ordinance No. 79-62, especially
those contained in Paragraph 10 (7) (a-1)
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NON, ThERLrORL, OR IT ARSOLVED by the board of Zoning Appeals, that Petition
TDPO-84-v-9 is hereby granted subject to the following conditionst
1. The variance shall be to use a lesser degree of floodproofing than that
required Ly Ordinance No. 79-62.
2, The Chief Administrative 0fficio' shell mail a copy of this Resolution to
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the petitioner by registered return receipt and such mailing shall
constitute compliance with section 10, Paragraph (10) of Ord. No. 79-62
which roads 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 habitable floor elevation below the
base flood elevation, the cost of flood insur-
ance will be commensurate with the increased
risk resulting from the reduced lowest habitable
floor elevation."
••fi4
3. The granting of this variance has been predicated principally on
the engineering data and information provided bythe petitioner and
a review of same with respect to the considerations required by the
Ord. No. 7942.
The granting of this variance by the Hoard of Zoning Appeals
does not sake or imply Any aeMlrancwa that the aUhlwct property or
t structures are not subject to flood damages.
Further', the granting et this variance shall not create
liability, the part of Collier County or by any officer or
el-bole tAereof for any flood damages that result from reliance on
this varlanee or any administrative decision lawfully made
thereunder.
In accepting this variance, the petititnwr muses all reepon•
► slbilit for anyqresulting r,t,
Y property damage from its a llcatlon.
Consiglio toner Ikillfn i mottune4. seconded by Commissioner
.bp, for the adoption of this resolution. Upon call for the
vote, the notion carried.
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ACAAD OF ect4,ry coo 1 bA Ic rp.
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