Resolution 1989-033
RESOLUTION NO. 89- ~
RBltOARY U,
RELATING TO PETITION FDPO-89-1 FOR A VARIANCE
FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED
BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORD.
87-80)
WHEREAS, the petitioner Irma Rivera desires to build a
single-family home at 265 Porter Street (Lots 17 & 18, Block 3,
Trail Acres Unit 3) and has requested a variance from the
'Minimum Base Flood Elevation required by Ord. No. 87-80; and
WHEREAS, the Board of Zoning Appeals has held a public
hearing as required by law; has reviewed Petition FDPO-89-1 in
accordance with Section 18(5), (6) and (7), and has made a
finding that the granting of this petition cO',.plies with the
intent and purpose of ordinance 87-80 as follows:
(5) The 0.82 foot reduction ~ the Flood Insurance Rate
Map (FIRM) 8.00' National Geodetic Vertical Datum
(NGVD) requirement 12 7.18' 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 or victimization ot the pUblic,
or conflict with existing local laws or
ordinances.
(7) In passing upon this variance, th? B~~rd of Zoning
Appeals has considered all technical evaluations
provided to it, all relevant factors, the standards
O~d~-A. /
lUll
d(
"~""-'~""~'._.~..._~,~_.~._-~._....__.~. .- -"._-_..-..~-~,---
RBItOARY 14, 111811
specified in Ordinance No. 87-80, evpecially those
contained in Paragraph 18 (7) (a-m).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS,
that Petition FDPO-89-1 is hereby granted subject to the
following conditions:
1. The variance shall be for the reduction of the Minimum
Base Flood Elevation required by Ordinanl;e No. 87-80 WlIl
8.00 feet NGVD 12 7.18 feet NGVD.
2. The Chief Administrative Official shall "ail 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. 8~-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 with the
lowest floor elevation below the base flood
elevation, the c~st 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 Ord. No. 87-80.
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.
FOrther, the granting of this variance sha~l not create
liability on the part of Collier County or by an~ office or
employee thereof for any flood damages that result from
reliance on this variance or any administrative decision
lawfully made thereunder.
In accepting this variance, the petitioner fissumes all
responsibility for any property damage resulting from its
application.
~a~a~-t9. a
tju
RBItoAKY 14, 111811
This Resolution adopted after motion, senond and roll call
vote as follows:
commissioner Shanahan 110tioned and aye
Commissioner Volpe ,Seconded and aye
Commissioner Hasse Aye
Commissioner Goodnight Absent and no c vo ting
Commissioner Saunders Aye
DATED: February 14. 1989
ATTEST
JAMES, .C', GILES, Clerk
, .1'" "Jr:
.~::~';/;'" ~
".~
- , . . .". .
, .....
. '
BOARD OF COUNTY COMMISSIONERS
C~TY' FLORIDA
By .~
URT L. SAUNOERS, Chairman
Approved as=to form and
, legal sUffilliency:
'. ~ ~
~~r:.'" ctrLE~
County Attorney
>
-.
FDPOS 9lRES
Pa-p~~-/f..3
3
L/'I