Resolution 1994-190
RESOLUTION NO. 94-1~
/lARCH 22. 1994
RELATING TO PETITION FOPO-94-2 FOR A
VARIANCE FROM THE MINIKUK BASE FLOOO
ELEVATION REQUIRED BY THE FLOOD DAIlAGE
PREVENTIOK ORDINANCE (ORDINANCE NO.
87-80) AS INCORPORATED BY REFERENCE INTO
THE COLLIER COUNTY LAND DEVELOPMENT CODE
(ORDINANCE NO. 91-102).
WHEREAS, the Petitioners, William and Ellen Lawrence
desire to build a pool side bath and shower located at 408
panay Avenue, Isle of capri, Collier County, Florida, upon
property ~re particularly described as set forth in Exhibit
-A- which is attached hereto and incorporated by reference
bc"ein; and
lIlIEREAS, said pool side bath and shower is to be
constructed at an elevation of 6.5 foot (NGVD), thus
necessitating a request for a variance from the minimum base
flood elevation of 10 feet (NGVD) required by Ordinance
~r 87-80, as incorporated by reference into the Collier
County Land oevelopaent Code (ordinance No. 91-102); and
WHEREAS, the Board of Zoning Appeals has held a public
bearing as required by law; has reviewed Petition FOPO-94-2
in accordance with Subsections 18(5), (6) and (7), Ordinance
~r 87-80, as incorporated by reference into the Collier
County Land oevelopaent Code (ordinance No. 91-102) and has
..de . finding that the granting of this petition complies
with the intent and purpose of ordinance Number 87-80 as
follows:
(1) The 3.5 foot reduction ~ the Flood Insurance
Rate Map (FIRM) 10 foot National Geodetic Vertical
Datu. (KGVD) requirement tQ 6.5 foot National
Geodetic Vertical Datum (NGVD) is the .iniaum
variance nec...ary, considering the flood hazard,
to afford reli.f.
(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).
I_ OOOPA~l 9~
-1-
MARCH 22. 1994
1IOIf, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEAI.B OF COLLIER COUllTY, FLORIDA, that:
Petition FDPO-94-2 i. hereby granted .ubject to the
following conditions:
1. The variance .hall be for the reduction of the Minimum
as.e Flood Elevation required by Ordinance No. 87-80
txga 10 feet NGVD tQ 6.5 feet NGVD.
2. The Chief Admini.trative Official .hall _i1 a copy of
this Resolution to the Petitioner by certified _il
return receipt requested and .uch _ilinq shall
con.titute compliance with Section 18, (10) of Ordinance
.0. "-'0.
3. The granting of this variance by the Board of Zoning
Appeals does not aake or imply any assurances that the
subject property or .tructures are not subject to flood
da_ge.
4. The granting of this variance .hall not create liability
on the part of COllier COUnty or by any officer or
eaployee thereof for any flood daaage that re.ults from
reliance on this variance or any admini.trative deci.ion
lawfully _de thereunder.
5. In accepting this variance, the petitioner a..ume. all
re.ponsibility for any property da_ge re.ulting from
its application.
The granting of this variance has been predicated
principelly on the engineering data and inforaation
provided by the Petitioner and a review of .... with
r.~pect to the considerations required by Ordinance No.
'7-80.
6. The owner .hall build the .tructure with aaterials that
would not adver.ely affect the aain building in the
event ot a hurricane. All electrical outlets .hall be
po.itioned above the required elevation of 10 feet, MSL.
lDOC lXJO'''A 95
KAICH 22, 1994
.. THEREFOU, BE I1' RESOLVED that this Resolution
nlatiD; to Petition IfIDIber FDPO-94-2 be recorded in the
aimrte8 of this Board.
eo.aissioner
~rfJl
oftered the toregoing
JIesolution ancs aovecS for its acSoption, seconded by
CC-iuloner ~t:ttwvlo
vas:
and upon roll call the vote
AYES: ec-i..ionec Nocris, r.--I-ionec Plat~, CQqaiaaioner Saunders,
r.-INionec Volpe MId CaaIi..loner Constantine
JlAYS:
ABSD! UD 110'1' VCl'l'IJIG:
Dlnuu.lOll:
Done This 22nd
day of
PIacch
, 1994.
.... Ji~~JUI'
A:In..,.r . ;-.&-
":',DlfIGB'r I"~~J\, Clerk
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AI',.....v&U AS '1'0 FORII UD
T~'\L ljuI'I'ICIDCY:
By:
PDPO USOW'l'ION
_/11256
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