Resolution 1990-288
RESOLUTION NO. 90" ..2.88
RlitATING TO PliTtTION FDPO...89-4 tOR A VARIANCE
FROM THIi MINIMUM BASE FLOOD ELEVATION
REQUIRED BY THE FLOOD DAMAGE PREVENTION
ORDINANCE (ORD. NO. 81"'80)
JUNE 5, 1990
WHEREAS, the petitioner Michael H. LapidUS, desires to
build a full service recreational boatinq facility on
.
property located in part ot Tract F, Marco Beach, Unit 4, to
be known as Cedar Bay Marina in Section 8, Township 52 south,
Ranqe 26 East, Collier county, Florida at an elevation of 6
feet (NGVD) and has requested a variance from the Minimum
Base Flood Elevation required by Ordinance Number 87"'80; and
WHEREAS, the Board of Zoninq Appeals has held a public
hearing a8 required by law; has reviewed Petition FDPO...S9...4
in accordance with Subsections 18(5), (6) and (7), Ordinance
Number 87...80 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 4 foot reduction 1t2m the Flood Insurance Rate
Map (FIRM) 10 feet National Geodetic Vertical Datum
(NGVO) requirement .t2 6 feet NGVO is the. minimum
variance necessary, considering the flood hazard,
to afford relief.
(2) In passinq upon this variance, the Board of Zoninq
Appeals has considered all teChnical evaluations
provided to it, all relevant factors, the standard8
specified in Ordinance No. 87-80, especially those
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"'89-4
is hereby qranted subject to the fOllowinq conditione:
1. The variance shall be for the reduction of the Minimum
Base Flood Elevation required by Ordinance No. 87"80
fX2m 10 feet NGVD tQ 6 feet NGVO.
2. The Chief Administrative Official shall mail a copy of
this Resolution to the petitioner by reqistered return
receipt and such mailing shall constitute compliance
with Section le, (10) of Ordinance No. 87-80.
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00072
JUNE 5, 1990
3. The granting of this variance'~Y the Board of Zoning
Appeals does not make or imply any assurances that the
subject property or structure. are not subject to flood
damages.
4. The qranting of this variance shall not create liability
on the part of Collier county or by any o~ficer or
.
employee thereof for any flood damag6Ss that result 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 ~amage resulting from
its application.
The grantinq 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...S9...4 be recorded in the minutes of this Board.
commissioner
offered the foregoing
~hAnAhAn
Resolution and moved for its adoption, seconded by,
Commissioner r.nnnnig~~
and upon roll call the vote
was:
AYES: Commissioner Shanahan, Commissioner Goodnight, Commissioner
Volpe, Commissioner Saunders, and Commissioner Hass8 '
NAYS:
ABSENT AND NOT VOTING:
.'.:ABSTINTION:
,';z-,'
Donethis 5th day of
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::"'A'l"1'EST .' ','
;.' ,aMES C. QIL~S, Clerk
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June , 1990.
BOARD OF ZONXNGAPPEA~S
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RESOLUTION fl~ 11-/1. ~
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I JUNE .5,
j
1990
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1990 SEP 21 M' 0: S9
itECOI~OEO
001560
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':;~~Notioe is hereby. qiven that the collier. County Board of
Commissioners did this 5th day of June, 1990, grant to:
Cedar Say Marina
a variance to the Flood Damage Prevention Ordinance (County
Ordinance No. 87-80) as referenced in Resolution NO.90"288
The property on which this variance w~s granted is located at:
See attached legal ~escription
EXHIBIT "A"
NOTE:
The granting of this variance will result in hiqher flood
insurance rates for this property.
B~~
R nald F. Nino
Acting Planning Service. Manager
WITNESS MY HAND AND SEAL this ~ day of ~, 1990.
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,Not;~ry Public
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EXHIRIT "A"
Marco Boach Unit 4, all 0' Tracl F, less the 'ollowlng:
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PAGE
Beglr:at ,the moSI southerly cornor 01 TraCt DiN 45- Wost
570 leet, S6Ulh 56- Wast 123.38 leel, southerly along
curve, 40.74 'eot 5oUlhOllStcrly along Elkeam CIrcle 573.46
leot, North 45- East 159.77 'cot to PoInt 01 BegInnIng, and
less Parcel FA1, as doserlbad In O.R. 636, Png. 1636, less
a.R. 690, Page 191 or O.R. 840, Pngo 825 and O.R. 844,
Page 947 . 48.
Seellon 8. TownshIp 525, Range 26E.
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