Resolution 1985-175
Auguat 20. 1985
a* 088n'l464
RESOLUTION 85 - ~
RELATING TO PETITION FDPO-8S-V-4 FOR A
VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION
REQUI1lED BY THE FLOoD DAMAGE PREVENTION
ORDINANCE (ORD. NO. 79-62).
WIIEllEAS. the petitioner Ilene Stanley desires to build a single faally
home at 5437 Hardee Street (Lot 27. Block 13. Naple. Manor Addition
Subdivision) and has 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 aa re-
quired by law; has reviewed Petition FDPO-85-V-4 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 a. follow.:
(5) The 0.38 foot reduction ~ the Flood Insurance Rate Map (FIRM)
9.0' National Geodelic Vertical Datum (NGVD) requirement ~ 8.62'
NGVD is the minimum variance necessary. considering the flood
hazard, to afford relief, as the adjoining home on the west is at an
elevation of approximately 8' NGVD, and the adjoining home on the
east is at 8.5' NGVD, the requested variance will put the elevation
of the petitioner's home at approximately the same 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 threat. to public
safety, extraordinary public expense, create nuisances, cause
fraud on or victimization of the public, or conflict with
exiating local laws or ordinances.
(7) In passing upon this variance, the Board of Zoning Appeale 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-m).
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeale, that
Petition FDPO-85-V-4 is hereby granted subject to the following conditional
1. The variance .hall b. for the reduction of the Minimum Baae Flood Ele-
vation required by Ord. No. 79-62 ~ 9.0 feet NGVD ~ 8.62 feet NGVD.
2. The Chief Administrative Official shall mail a copy of thi. Resolution to
the petitioner by registered return receipt and such mai11ng ahall
constitute compliance with Section 18, Paragraph (0) of Ord No. 79-62
which reads a. follows:
"Any applicant. to whom a variance 1. aranted,
shall b. given written notice that when a
-=:I
-
..
-
.-..... ....
August 2Q, ~985
atructure 18 para1tted to be built with tbe
loveat floor elevation below the ba.. flood
elevation, the coat. of flood i~urance vill be
c~o.urate with ebe incra.~ed ri.k-reaulein.
froa,tbe reduced 1~.t 'floorelevatiOD."
1:
. ;
. 1'~4
'.
The aranting of this vadance baa been predicated principally Oft tbe
, '''..:'..,'.,
enaineerina data and inforaation provided by the petitioner and,& revi..'
of .... vith respect to tbe c~ideration. required by tbe Ord. NO"6~'
79-62.
The granting of thia variance by the Board of Zoning Appeal.
not make or imply any aaaurances that the aubject property or structure..,
are not subject to flood damages.
Further. the grant ins of thi. variance .hall not create liability on
the part of Collier County or by 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 Pistor motioned, seconded by Commissioner
Goodnight for the adoption of this Resolution. Upon call for the
vote, the motion carried.
3.
DATE:
August 20, 1985
BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY. FLORIDA
~:.'~Ui\(~a ~
~~.. ..........u.(:t
.:-"...mST: ."."., t!., ,',
'4t' .m.i.IAK'J: ,~~ . ",
C'? ..' . .-
b' ~ . ~
.: :. ..' . --c
~ :. :.: ~1~. :
- . .1"
.~ ", .'\.).,.,J.:.;;......
.<..': ',." 'l'r"....l. ,0
r ',' 0'
Ai~r~T.;\.',~\
.~ff1c1ency:
BY: W~ I~
FREDtY'C{~SS. CHAIRMAN
~..~~d. L.rt...
""SIf: Collier County Att~ey
TKcD/.gc!MON-114
Planning Dept.
7-18-85
'00l( OBB P,\(;t 465