Resolution 1994-113
RESOLUTION NO. 94- 113
FEBRUARY 22. 1994
RELATING TO PETITION FDPO-94-1 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 COUNTY LAND DEVELOPMENT CODE
(ORDINANCE NO. 91-102).
WHEREAS, the Petitioner, Vincent DeVoe is requesting
approval of a 2.27 foot flood elevation variance located at
613 Sunset Drive, upon property more particularly described
as set forth in Exhibit "A" which is attached hereto and
incorporated by reference herein; and
WHEREAS, said flood elevation is to be constructed at an
elevation of 8.73 feet (NGVD), thus necessitating a request
for a variance from the minimum base flood elevation of 11
feet (NGVD) required by Ordinance Number 87-80, as
incorporated by reference into the Collier County Land
Development Code (Ordinance No. 91-102); and
WHEREAS, the Board of Zoning Appeals has held a pUblic
hearing as required by law; has reviewed Petition FDPO-94-1
in accordance with Subsections 18(5), (6) and (7), Ordinance
Number 87-80, as incorporated by reference into the Collier
County Land Development Code (Ordinance No. 91-102) and has
made a finding that the granting of this petition complies
with the intent and purpose of Ordinance Number 87-80 as
follows:
(1) The 2.27 foot reduction !IQm the Flood Insurance
Rate Map (FIRM) 11 foot National Geodetic Vertical
Datum (NGVD) requirement to 8.73 feet National
Geodetic Vertical Datum (NGVD) is the minimum
variance necessary, considering the flood hazard,
to afford relief.
(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. 87-80, especially those
contained in Subsections 18 (7) (a-n).
FEBRUARY 22, 1994
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA, that:
Petition FDPO-94-1 is hereby granted subject to the
following conditions:
1. The variance shall be for the reduction of the Minimum
Base Flood Elevation required by Ordinance No. 87-80
!IQm 11 feet NGVD tQ 8.73 feet NGVD.
2. The Chief Administrative Off~cial shall mail a copy of
this Resolution to the Petitioner by certified mail
return receipt requested and such mailing shall
constitute compliance with section 18, (10) of Ordinance
No. 87-80.
3. 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
damage.
4. The granting of this variance shall not create liability
on the part of Collier county or by any officer or
employee thereof for any flood damage that results from
reliance on this variance or any administrative decision
lawfully made thereunder.
5. In accepting this variance, the petitioner assumes all
responsibility for any property damage resulting from
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
Number FDPO-94-1 be recorded in the minutes of thig Board.
Nor-cis
Commissioner
offered the foregoing
Resolution and moved for its adoption, seconded by
Saunders
Commissioner
and upon roll call the vote
was:
~OOK DOn m, 45
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FEBRUARY 22. 1994
NAYS:
AYES: Commissioner Norris, Commissioner Saunders, Corllrnissionac Volpe,
Commissionec Matthews, and Commissioner Constantine
ABSENT AND NOT VOTING:
ABSTENTION:
Done This
22nd day of February
, 1994.
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ATTEST
.: .DWIGHT E.' BROCK, Clerk
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
~C~{lA.u :r.n iJtzz.ap-L'
OR, E M. STUDENT
ASSISTANT COUNTY ATTORNEY
FDPO RESOLUTION
mhjl1077
, CHAIRMAN
800K oen PI", 46
Lot 28, Block E,
Goodland Heights
1st Addition, according to the
Plat thereof as recorded in
Plat Book 8, Pages 1-2,
of the Public Records of
Collier County, Florida
toOK om 1':>;; 47
Exhibit "A"
FEBRUARY 22. 1994