Resolution 1989-107
APRIL 25, 1989
RESOLUTION NO. 89- ~7
RELATING TO PETITION FDPO-89-2 FOR A VARIANCE
FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED
BY THE FLOOD DAMAGE PREVENTION ORDINANCE
(ORD. 87-80)
WHEREAS, the petitioner Aram Magarian desires to build a
single-family home at 2237 River Reach Drive (Lot 78, River
Reach SUbdivision) and has requested a variance from the
Minimum Base Flood Elevation required by Ord. No. 87-80/ and
WHEREAS, the Board ot Zoning Appeals hlS held a pUblic
hearing as required by law; has reviewed Pe~ition FDPO-89-2 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 87-80 as tollows:
(5) The 0.23 foot reduction 1tQm the Flood Insurance Rate
Map (FIRM) 8.00' National Geodetio Vertical Datum
(NGVD) requirement tQ 7.77' NGVD is the.minimum
variance ne~essary, considering the tlood 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 excsptional hardship to
the applicant.
(c) A determination that the granting ot 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 ot Zoning
Appeals has considered all technical evaluations
provided to it, all relevant factors, the standards
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APRIL 25, 1989
specified in Ordinance No. 87-80, espscially those
contained in Paragraph 18 (7) (a-n).
NOW, THEREFORE, BE IT ~SOLVED BY THE BOARD OF ZONING APPEALS,
that Petition FDPO-89-2 is hereby granted subject to the
tollowing conditions:
1. The variance shall be tor the reduction of the Minimum
Base Flood Elevation required by Ordinance No. 87-80 1tQm
8 feet NGVD tQ 7.77 feet NGVD.
2. The Chief Administrative Official shall mail a copy ot
this Resolution to the petitioner by r.~istered return
receipt and such mailing shall constitute compliance with
section 18, paragraph (10) of Ord. No. 87-80 which reads
as follows:
"Any applicant, to whom a variancu is granted,
shall be given written notice thaI: when a
structure is permitted to be buil~ 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 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.
Further, the granting of this variance shall not create
liability on the part ot Collier County or by any office or
employee thereof for any flood damages that result trom
reliance on this variance or any administrative decision
lawfully made thereunder.
In accepting this variance, the petitioner assumes all
responsibility for any property damage resulting from its
application.
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Aye
Aye
Aye
Aye
Aye
APRIL 25, 1989
vote as follows:
This Resolution adopted after motion, second and roll call
Commissionsr
commissioner
commissioner
commissioner
commissioner
Shanahan
Goodnight
Volpe
Hasse
Saunders
DATED: Ap,..n? ~ , QRQ
ATTEST) t'/ ..
.,<JAMES C. GILES, Clerk
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/~pproved as~to torm and
18,'1fl ~'l~~t;1t:iency:
FDPO-89-2
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY~~
BURT L. SA~NDERS, Chairman
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