Resolution 1981-156 ... !—.. • Ju1) =1981
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• RESOLUTION 81 — 156 u
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RELATING TO PETITION FDPO-81-V-6 FOR A' '
VARIANCE FROM THE MINIMUM BASE FLOOD
ELEVATION REQUIRED BY THE FLOOD
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DAMAGE PREVENTION ORDINANCE (ORD. NO.
. 79-62). •
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WHEREAS, the petitioner ELMER J. ELLIS desires to build a home
at 1750 Hummingbird Court, Marco Island, (Lot 9, Block 76, Unit 3,
Marco Beach 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
as required by law; has reviewed Petitinn FDPO-81-V-6 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
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Ord. 79-62 as follows:
(5) The 3.5 feet reduction from the Flood Insurance Rate Map
(FIRM) 12' National Geodetic Vertical Datum (NGVD) re-
quirement to 8.5' 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 8.5'
NGVD and the home on the east is at an elevation of 8.6' •
NGVD. The requested variance will put the petitioner's
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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 threats to
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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-I)
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, •
that Petition FDPO-81-V-6 is hereby granted subject to the following
conditions: '
1. The variance shall be for the reduction of the Minimum Base Flood
Elevation required by Ord. No. 79-62 from 12 feet NGVD to
8.5 feet NGVD. •
2. The Chief Administrative Official shall mail a copy of this Resolu- ± -
tlon 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:
600K 062 PACE IG i •
B
28 July 14, 1981
boa 062 PACE 20 "Any applicant, to whom a variance Is granted, I
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shall be given written notice that when •
structure Is permitted to be built with the j -
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 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. o
Further, the granting of this variance shall not create liabil- "—'
Ity on the part of Collier County or by any officer or employee
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• thereof for any flood damages that result from reliance on this
variance or any administrative decision lawfully made thereunder. • v
In accepting this variance, •the petitioner assumes all respond
sibiiity for any property damas,e resulting from Its application.
( Commissioner Brown motioned, seconded by Commissions:•
Kruse for the adoption of this Resolution. Upon call for
the vote, the motion carried.
July 14, 1981 'BOARD OF COUNTY COMMISSIONERS
' DATE: COLLIER COUNTY, FLORIDA •
ATTES . BY:
• l L,• W RMAN
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