Resolution 1994-350
RESOLUTION NO. 94- 350
MAY 10, 199.
RELATING TO PETITION FDPO-94-3 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, Raymond G. Harris desires to
build restrooms at the recreation center building on an
existing PUD located at Hideaway Beach upon property more
particularily described as set forth in Exhibit "A" which is
attached hereto and incorporated by reference herein; and
WHEREAS, said recreational building restrooms are to be
constructed at an elevation of 6.5 feet (NGVD), thus
necessitating a request for a variance from the minimum base
flood elevation of 12 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-94-3
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 5.5 foot reduction ~ the Flood Insurance
Rate Map (FIRM) 12 foot National Geodetic vertical
Datum (NGVD) requirement tQ 6.5 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
&DOK ODn~',! 274
.._...,,,,_.e_~'__~"'.^'.
MAY 10, 19U
contained in Subsections 18 (7) (a-n).
NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING
APPEALS OF COLLIER COUNTY, FLORIDA, that:
Petition FDPO-94-3 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
~ 12 feet NGVD tQ 6.5 feet NGVD.
2. The Chief Administrative Official 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.
6. The restrooms shall be constructed with non-supporting
breakaway walls as required by Ordinance No. 87-80.
7. In accordance with Ordinance No. 87-80, the sanitary
sewer lateral serving the proposed restroom facilities
shall be equipped with a backflow prevention device.
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.
BOOK OCthl~' 275
-'-
MAY 10, 199t
BE IT RESOLVED that this Resolution relating to Pet tion
commissioner
Saunders
Number FDPO-94-3 be recorded in the minutes of this Board.
offered the foregoing
Resolution and moved for its adoption, seconded by
commissioner Yolpe
and upon roll call the vote
was:
AYES: Commissioner Saunders, Commissioner Yolpe, Commissioner Norris,
Commissioner Matthews, and Commissioner Constantine
NAYS:
ABSENT AND NOT VOTING:
ABSTENTION:
Done This
lOth day of
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- ~ _-ATTEST '-";I
~_ . DWIGHTE. BROCK, Clerk
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APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
-ntu..'1lA" _"YY1, iJa. ~'....t.
iiARJ(jRIE M. STUDENT
ASSISTANT COUNTY ATTORNEY
FDPO-94-3 RESOLUTION/11554
May
, 1994.
BOOK OeD PI'" 276
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MAY 10, 199.
Tract "An, Hideaway Beach, as recorded in Plat BOOK
12, Pages 80-85, of the Public Records of Collier
County, Florida.
BOOK 000 PI',! 2TI
EXHIBIT "A"
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