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Resolution 1979-173V November 27, 1979 2 RESOLUTION 79 - 173 BOOK 050 5% RELATING TO PETITION FDPO- 79 -V -2 FOR A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION ORDINANCE (FDPO) NO. 79 -62. WHEREAS, the petitioner has requested a variance from the Mini- mum Base Flood Elevation required by the FDPO No. 79 -62; and, WHEREAS, the Board of toning Appeals has held a public hearing as required by law; and, WHEREAS, the Board of Zoning Appeals has reviewed Petition FOPO- 79 -V -2 in accordance with Section 18, Paragraphs (5), (6) and (7), and has made a finding that the granting of Petition FDPO- 79 -V -2, In its opinion, complies with the Intent and purpose of said Section of Ordinance 79 -62 as follows: (5) The three (3) foot reduction from the Flood Insurance Rate Map (FIRM) 12 foot National Geodetic Vertical Datum (NGVD) requirement to 9.0 feet NGVD is the minimum variance neces- sary, considering the flood hazard, to afford relief. This conclusion is based on the following facts: (a) The adjoining land on the east and west sides of the proposed pavilion is County -owned and will probably never be developed into a habitable structure requiring a twelve (12) foot NGVD elevation such as is required for residential development. (b) The nine foot NGVD elevation was chosen by the design engineer in order to meet the requirements of abnormal tidal surges and hurricane wave action. A lower than 9.0 feet NGVD elevation could endan- ger the safety and integrity of the structure whereas a higher elevation will not add significantly to the safety and integrity of the structure while adding considerably to the cost of construction. (c) Raising the base floor elevation to the 12.0 foot NGVD level required by the FIRM will require an accessive length of access ramps which will be very costly and inconvenient to the using public. Keeping the base flood elevation of the pavilion to 9.0 feet NGVD as per the design requirements will keep the access ramps shorter and lower, making them easier to use by older persons and the physically handicapped. (6) The three (3) foot 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 November 27, 1979 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, all relevant factors, standards specified in other sections of this ordinance, and the following; (The Board's, findings are noted in paren- theses). (a) The danger that materials may be swept onto other lands to the injury of others. (The location of the pavilion for Tiger Tail Beach Park is approximately 400 feet from the nearest residential lot and established on a 31 -acre park site. In the event of a storm, the danger of material being swept onto other lands and injuring others is very remote, considering that the nearest residence will be about 400 feet away. (b) The danger to life and property due to flooding or erosion damage; (not materially affected by granting of variance). (c) The susceptibility of the proposed facility and its con- tents to flood damage and the effect of such damage on the individual owner; (the pavilion is primarily a bath- room structure and is not of a habitable nature). The contents, other than permanent fixtures, would be removed to prevent damage to the structure and the surrounding area. Any damage to the structure will be the responsibility of the owner (County) to repair or rebuild. The requested 9.0 feet NGVD elevation has been determined by the design engineer to afford reason- able safety to the contents from flood damage. (d) The importance of the services provided by the proposed facility to the community; (the level of service resulting from the granting of a variance will remain the same). (e) The necessity to the facility of a waterfront location, where applicable; (the pavilion is designed to serve in a waterfront location and cannot function in a non- water- front location). (f) The availability of alternative locations, not subject to flooding or erosion damage, for the proposed use; (no alternative location is possible. Tiger Tail Beach Park is the only County -deded beach park in this area and there are no alternative location). (g) The compatibility of the proposed use with existing and anticipated development; (the 'facility will be compatible to the surrounding area and will be built according to the County Codes and will be used as intended). (h) The relationship of the proposed use to the plan and flood plain management program for the area; (the facility BOOT( 050 PACEP3.9 600K 050 PACE 254 November 27, 1979 will be located landward of the Coastal Construction Control Line and comply with all County regulations consistent with flood management of the area). (i) The safety of access to the property in times of flood for ordinary and emergency vehicles; (access to the park for maintenance and emergency vehicles will be provided at all times through designated areas and traffic circulation In accordance to the plan). (J) The expected heights, velocity, duration, rate of rise and sediment transport of the flood waters and the effects of wave action, if applicable, expected at the site; (based on 100 -year storm frequency, the expected high water will be at elevation 12 feet NGVD, which is the computed surge value based on flood insurance study for Collier County. This project is located within the "V" zone area which has special flooding hazards asso- ciated with high velocity waters from 'tidal surges and hurricane wave action. Associated with the flooding will be large amounts of tidal debris scattered about the area. As previously mentioned, the flood at the site will be caused by tidal and hurricance wave action, thus the rate of .rise and fall of the flooding will be based on the hurricane intensity and forward speed). (k) The costs of providing governmental services during and after flood conditions including maintenance and repair of public utilities and facilities such as sewer, gas, electri- cal, and water system, and streets and bridges. (Costs of maintenance and services will be provided by the Parks and Recreation Department through the County Governmental Policy of funding and will not be materially affected by the granting of the variance). (1) Variances shall not be issued within any designated floodway if any increase in flood levels during the base flood discharge would result. (Not applicable; the site is not located within a designated floodway). (m) Generally, variances may be issued for new construction and substantial improvements to be erected on a lot of one -half acre or less in size contiguous to and surround- ed by lots with existing structures constructed below the base flood level, providing items (a - 1) have been fully considered. (This paragraph applies to a residential area and is not applicable in the instance of this petition). NOW, THEREFORE, BE IT RESOLVED by the Board of Toning Appeals, that Petition FOPO- 79 -V -2 is hereby granted subject, to the following conditions: 1. The variance shall be for the reduction of the Minimum Base Flood Elevation required by FDPO No. 79 -62 from twelve (12) feet NGVD to 9.0 feet NGVD and the waiving of all FDPO 79 -62 requirements which are contingent on the granting of this variance. November 27, 1979 2. The Chief Administrative Official shall mail a copy of this Resolu- tion to the petitioner by registered return mail, and such mailing shall constitute compliance with Section 18, Paragraph (10) of FDPO No. 79 -62 which reads as follows: "(10) Any applicant, to whom a variance is granted, shall be given written notice that when a structure is permitted to be built with the lowest habitable floor elevation below the base flood elevation, the cost of flood insur- ance will be commensurate with the increased risk resulting from the reduced lowest habitable 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 FDPO 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 granting of this variance shall not create liabil- ity 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 administrative decision lawfully made thereunder. In accepting this variance, the petitioner assumes all respon- sibility for any property damage resulting from its application. Commissioner Winter motioned, seconded by Commissioner Brown for the adoption of this Resolution. Upon call for the vote, the motion carried. BOARD OF COUNTY COMMISSIONERS DATE: November 27, 1979 COLLIER COUNTY, FLORIDA ATTEST: „WI,aiL1 J A BY: E�,GAN,�K DAVI C. "DOC" BROWN CHAIRMAN NJS /sgg /31 -U Planning Dept. 11/6/79 BOOK 050 PACE *2SS C