Resolution 1985-115
1-l&y 21, 1985
RESOLUTION 85 - ..l..l.S-
RELATING TO PETITION FDPO-85-V-2 FOR A
VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION
REQUIRED BY THE FLOOD DAMAGE PREVENTION
ORDINANCE (ORD. NO. 79-62).
WHEREAS, the petitioner Robert M. Powell desires to build an aadition to
his house at 3388 Oominion Orive (being a portion of Section 13, Township SO
South, Range 25 East and described as follows: Commence at a point on the
west line of said Section 13 at its intersection with the north right-of-way
line of Areca Avenue, thence N 0"14' W - 130.0' to the P.O.B., thence N 0" 14'
W - 53.0'; thence N 89"35'10" E - 115.0'; thence S 0"14' E - 53.0'; thence
S 89"35'10" W - 115.0' to P.O.B.) and ~as requested a variance from the
Minimum Base Flood Elevation required by the Ord. No. 79-62; and;
WHEREAS, the Board of Zoning Appeals has held a public hearing as re-
quired by law; has reviewed Petition FDPO-85-V-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 Ord. 79-62 as follows:
(5) The 2.93' reduction from the Flood Insurance Rate Hap (FIRM)
10.0' National Geodetic Vertical Datum (NGVD) requirement to 7.07'
NGVD is the minimum variance necessary, considering the flood
hazard, to afford relief, as the existbg house and all of the
neighboring houses are at the same approximate elevation.
(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 exceptional hardship to the applicant.
(c) A determination that the granting of 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 of Zoning Appeals has
considered all technical evaluations provided to it, all relevant
factors, the standards specified in Ordinance No. 79-62, especially
those contained in Paragraph 18 (7)(a-l).
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that
Petition FDPO-85-V-2 is hereby granted subject to the following conditions:
1. The variance shall be for the reduction of the Minimum Base Flood Ele-
vation required by Ord. No. 79-62 from 10.0 feet NGVD 12 7.07 feet ~GVD.
2. The Chief Administrative Official shall mail a copy of this Resolution to
the petitioner by registered return receipt and such mailing shall
constitute compliance with Section 18, Paragraph (10) of Ord No. 79-62
which reads as follows:
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"Any applicant, to whom a variance is granted,
shall be given wt'itten notice that when a
structut'l is permitted to be built with the
low..t 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 the Ord. No.
79-62.
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 grating of this variance shall not create liability on
the part of Collier County or b~ any officer or employee thereof for any
flood damages that result from reliance on this variance or any adminis-
trative decision lawfully made thereunder.
In accepting this variance, the petitioner assumes all responsibil-
ity for any property damage resulting from its application.
Commissioner Holland motioned, seconded by Commissioner
rOoQA18At for the adopt~on of this Resolution. Upon call for the
vote, the motion carried.
DATE:
Hay 21, 1935
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
BY, FRErt:~ss. CHAIRMAN
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