Resolution 1981-232 1;L6d, 0:15 rktt 1.'7 -
October 20, 1981
RESOLUTION 81 - 712
RELATING TO PETITION FDPO-81-V-11 FOR A
VARIANCE FROM THE MINIMUM BASE FLOOD
ELEVATION REQUIRED BY THE FLOOD
DAMAGE PREVENTION ORDINANCE (ORD. NO.
79-62).
WHEREAS, the petitioner Mario Magisto desires to build a Single
Family Home at 385 Tradewinds Avenue (Lot 30, Block M, Unit 2,
Conner's Vanderbilt Beach Estates) and has requested a variance from
the Minimum Base Flood Elevation required by the Ord. No. 79-62; and,
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WHEREAS, the Board of Zoning Appeals has held a public hearing
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as required by law; has reviewed Petition FDPO-81-V-11 in accordance
with Section 18 (5), (6) and (7), and has made a finding that the
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granting of this petition complies with the intent and purpose of w
Ord. 79-62 as follows:
(5) The 5 feet reduction from the Flood Insurance Rate Map
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(FIRM) 12' National Geodetic Vertical Datum (NGVD) require-
ment to 7' NGVD is the minimum variance necessary, consider-
• ing the flood hazard, to afford relief, as the adjoining home
on the east is at an elevation of approximately 5.6' NGVD and
the existing home on the west is at an elevation of 6.2'
NGVD. The requested variance will put the elevation of the
petitioner's home approximately 1' above them.
(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.
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(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-m)
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals,
that Petition FDPO-81-V-11 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 7 feet
NGVD. • •
2. The Chief Administrative Official shall mail a copy of this Resolu-
tion 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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• Oa October ini1981
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"Any applicant, to whom a variance Is granted, YFY y;
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I. shall be given written notice that when a ' M
structure is permitted to be built with the
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lowest habitable floor elevation below the
base flood elevation, the cost of flood insur- :'.r`} `. •
r";i
4p... 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 • , •.,
z the engineering data and information provided by the A
Y petitioner .i .:.',..,,
g 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 s .F, °'
L t I property ,
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{ 4 or structures are not subject to flood damages. ,. •
• Further, the y
F , granting of this variance shall not crate Itabil-
"' it the
Y on part of Collier County or by any officer or employee
f thereof for any flood damages that result from reliance on this `!
',/ variance or any administrative decision lawfully made thereunder.
' In accepting this variance, the petitio.ier assumes all respon- :.
sibility for any property damage resulting from its application.
Commissioner Kruse motioned, seconded by Commissioner , ;
i. Rimer for the adoption of this Resolution. Upon call for
the vote, the motion carried.
';'1!'
BOARD OF COUNTY COMMISSIONERS :
DATE: October 20, 1981 COLLIER COUNTY, FLORIDA :
AT E BY• �iG4 i WI 1 M• REAGA , L, RK
1, .'fya f , CHAIRMAN ;
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