Resolution 1994-019
JANUARY II. 1994
RESOLUTION NO. 94-12-
RELATING TO PETITION FDPO-93-4 FOR A
VARIANCE FROM THE MINIMUM BASE FLOOD
ELEVATION REQUIRED BY THE FLOOD DAMAGE
PREVENTION ORDINANCE (ORDINANCE NO.
87-80) AS INCORPORATED BY REFERENCE INTO
THE COLLIER COUllTY LAND DEVELOPMENT CODE
(ORDINANCE NO. 91-102).
WHEREAS, the Petitioner, Baypoint Development Ltd.
~ires to build pool bath tacility located at Bluebill
Avenue upon property IIOre particularily described as set
torth in Exhibit "A" which is attached hereto and
u~.vurated by reterence herein; and
WHEREAS, said pool bath tacility is to be
constructed at an elevation ot 6 teet (NGVD), thus
necessitating a request tor a variance trom the 2inimum base
flood elevation ot 13 teet (NGVD) required by Ordinance
Xuaber 87-80, as incorporated by reterence into the Collier
County Land DeveloplMnt Code (ordinance lIo. 91-102); and
WHEREAS, the Board at Zoning Appeals has held a public
bearing as required by law; has reviewed Petition FDPO-93-4
in accordance with Subsections 18(5), (6) and (7), Ordinance
BUaber 87-80, as incorporated by reterence into the Collier
County Land Development Code (O.-dinance 110. 91-102) and has
..de a finding that the granting of this petition complies
with the intent and purpose ot ordinance Number 87-80 as
follows:
(1) The 7 foot reduction ~ the Flood Insurance Rate
Map (FIRK) 13 toot National Geodetic Vertical Datum
(NGVD) requireaent ~ 6 teet National Geodetic
Vertical DatUm (NGVD) is the minimum variance
necessary, considering the tloed hazard, to at ford
reliet.
(2) In passing upon this variance, the Board of Zoning
Appeals has considered all technical evaluations
provided to it, all relevant factors, the standards
specified in Ordinance No. 81-80, especially those
!
contained In Subsections 18 \7) (a-n).
JANUARY II, 1994
.
1fOIf, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA, that:
Petition FDPO-93-4 is hereby granted subject to the
following conditions:
1.
The variance shall be tor the reductIon of the Minimum
Bas. Flood Elevation required by Ordinance No. 87-80
?
~ 13 teet NGVD ~ 6 feet NGVD.
2. The Chief Ad.inistrative Official shall mail a copy of
this Resolution to the Petitioner by certitied mail
return receipt requested and such mailIng shall
constitute coapliance with Section 18, (10) at Ordinance
7
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Ita. 87-80.
3.
The granting of this variance by the Board at Zoning
Appeals does not make or imply any assurances that the
subject property or structures are not subject to flood
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4.
dallllge.
The granting of this variance shall not create liability
on the part of Collier County or by any officer or
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employee thereof for any flood damage that results from
reliance on this varIance or any administratIve decIsIon
lawtully IllIde thereunder.
5. In accepting this variance, the petItIoner assumes all
responsIbIlIty for any property damage resulting tram
its application.
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 Ordinance No. 87-80.
BE IT RESOLVED that thIs ResolutIon relating to PetitIon
Nuaber FDPO-93-4 be recorded In the mInutes of this Board.
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6.
JANUARY II, 1994
eo.aissioner
Voloe
ottered the foregoing
Resolution and lIOVed for its adoption, seconded by
eo.aissioner
Saunders
and upon roll call the vote
vaal
AYES: cc-1seiawc Volpe. Caaoiseionee Saunders, Carmissionee Matthevs and
l"..-I....iawc ConstantIne
JlAYS:
ABSEIIT AND NOT VOTING: Caaoissioner Neeris
ABSTEIITION:
Done This 11th
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~\AS TO FORK A.'fD
LEGAL st1FFICIEXCY:
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MARJOJgE M. STUD
ASSISTANT COI....d ATTORNEY
day at.
January
, 1994.
BOARD OF ZONING APPEALS
COLL~, FLORIDA
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ANTIN!, CIlAIRI\AN
FDPO RESOLUTION
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JANUARY II, 1994
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SCHEDULE 'A'
A portion of Tract 'A' BAKER - CARROLL POINT, more partieularly
described as follows:
Beginning at the Southesst corner of Tract A, Bakar - Carroll
Point, as recorded in Plat Boolt 8, Page 42, Public Records of
COllier County, Florida, run II 89052'20. W slong the South line ot
Tract A, being also the lIorth Right-of-Way line of State Road S-
846, for 302.57 feet; thence run N 00007'40' E tor 273.10 teet to
a point on the property and waterway line; thence run 64.85 teet
along the arc of s curve concave to the Northwest, having a radius
of 100.00 teet, and subtended by a chord having a bearing N
71033'00' E, and a length of 63.72 feet ~o a point of tangeney;
tbence " 52058'20' E for 100.44 teet to a point ot curvature;
tbence run 64.22 feet along the arc ot s eurve eoneave to the
Southeast having a radius of 100.00 feet, and subtended by a chord
having a bearing II 7l022'10' E, and a length of 63.12 feet to a
point of tangency; thence N 89046'00' E for 100.00 feet, the last
4 courses being along the waterway line; thence S 00014'00' E along
the property line for 375.00 feet to the Point at Beginning;
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EXHIBIT "A"
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.JANUARY II. 1994
:01779494
COLlIER COUNTY
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gl.JhN II, AH 10: 57
RECORDED
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XOTICB OF VARIANCB TO FLOOD
DAMAGJI PREVEXTIOM ORDINANCE
J(otice is hereby given that the Collier County Board of
co.ai.sioners did this 11th day of January, 1994, grant to:
Baypoint Development LTD
a variance to the Flood Daaage Prevention Ordinance (County
ordinance 110. 87-80) as referenced in Resolution 110, 94-19.
The property on whIch this variance was granted is located at:
Exhibit "A"
IlOTE :
The granting of this varIance may result in higher tlood
Insurance rates for this property.
By:
STATB OF FLORIDA
....ua.H OF COLLIER
The foregoing NotIce of Variance to the FloodtRamage Prevention
Dance was acknowledged before De this ~ day of
~ ,1994 by!t;-'I/CTH tv 8/'61,</.51<, , who is personally
o ae ho-has to' UL,;cd . --
.-identific~ion and WhO did (did-noer.take-en-oath.
c;:' ;c/
(S nature 0 Notary Pu 1 c)
#x,;///> /i.dNPC
(pr nt Name at Notary Public)
NOTARY PUBLIC ~
Commission I ((J$Z/5f 7.'2..
My Commission Expires: ~;I)"~0
(SEAL)
I ICllIMAA.x:,.-
HafAS'f PUIUC irAti 01 R.OIIDA
~NO.cx::mm
Katie. of Variance Form
e03( OOOPI~[ 45
JANUARY 11, 1994
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OR BOOK
SCHEDULE "A"
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A portion ot Tract "A" BAKER - CARROLL POHIT, more partieularly::O
described aa follows: CD
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Beginning at the Southesst corner ot Trsct A, Baker - Carroll:::;;
point, ss recorded in plat Book 8, Page 42, Publie Records of
Collier County, Florids, run H 89"52'20" W along the South line of
Tract A, being also the lIorth Right-ot-Way line of State Road S-
846, for 302.57 teet; thence run N 00007'40" E for 273.10 teet to
a point on the property snd vatecway line; thence eun 64.85 feet
along the arc of a curve eoncave to the North~est, ha'ling a rsdius
of 100.00 feet. snd subtended by s chord having a besring II
71033'00' E, and s length at 63.72 feet to a point of tsngeney;
thence H 52058'20' E tor .100.44 feet to a point at eurvature;
thence run 64,22 feet along the arc of a curve coneave to the
Southeast having a radius ot 100.00 feet, snd subtended by a chord-o
having a bearing II 71022'10. E, and a length of 63,12 feet to a~
point of tangency; thence N 89046'00' E for 100.00 feet, the last~
4 courses being along the vatecway line; thence S 00'14'00' E along~
the property line for 375.00 feet to the Point of Beginning;
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EXHIBIT "A"