Resolution 1981-243 I .. r r..w..wrml
November 17, 1981 S�
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RESOLUTION 01 •213.r t'•
I RELATING TO PCTITION rDP0-81-V-13 FOR A 1i ; 1
VARIANCE FROM T1411 MINIMUM (BASE FLOOD •s;;i
ELEVATION REQUIRED BY IFHE FLOOD •• ", ; ;
DAMAGE PREVENTION ORDINANCE (ORD. NO.
79-62). _ ,
•
E• WHEREAS, the
petitioner Robert J. Durbin desires to build a
_- is single family residence at 10' and has requested a variance from the , 4s
• B Minimum Base Flood Elevation requited by the Ord. No. 79-62; and, •
■ WHEREAS, the Board of Zoning Appeals has held ax public hearing
as required by law; has reviewed Petition FDPO-8I-V-4/i In accordance ,t :
• ; with Section 18 p), (G) and (7), and has made a findingrthat the •
>k granting of this petition complies with the intent and
,. p purpose of A,
a A;
` Ord. 79-62 as follows: r:
— -- (5) Tho 3 feet reduction from the Flood Insurance Rate Map
(FIRM) 13' National Geodetic Vertical Datum (NGVD) require- ---- --
ment to 10' NGVD is the minimum variance necessary, can- °`, .
*!daring the flood hazard, to afford relief, as the adjoining •
home on the north is at an elevation of approximately 8.36 NGVD and the adjoining home to the south at an elevation of
4: 9.92'. The requested variance will put the elevation of the —
petitioner's home approximately at the same elevation. '
14• ,
(6) The variance .s 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. .
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t.
(c) A determination that the granting of a variance will not
result in increased flood heights, additional threats to
public safety, extraordinary public expense, create
c 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 evaluat!ons provided to it, all
' relevant factors, the standards specified in Ordinance
No. 79-62, especially those contained in Paragraph 18 (7)(a-1) ,
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals,
- F , that Petition FDPO-81-V-13 Is hereby granted subject to the following 's
conditions:
1. The variance shall be for the reduction of the Minimum Base Flood i, •
r
e Elevation required by Ord. No. 70-62 from 13 feet NGVD Ls 10 foot .
. 1i
NGVD.
i' :: 2. Tho Chief Administrative Official shall mail a copy of this Resolu- w.. - -----
tion to the petitioner by registered return receipt and such mailing tL
shall constitute; compliance with Section 18, Paragraph (10) of #,
Ord. No. 79.82 which reads as,follows!• K ''..4A';7,4 rr �A"';
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`7 M's, •�,aqr., ■ .; 'Zti I t 5 Ali�k�t1Yt Mfa.c x,•.•t` ,- , • ,0 ill'e't3K; 4, $ ?, o ,^
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Novembor 17, 1981
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[[++ "Any applicant, to whom a variance is granted,
BOOK 066 FACc138 shall be given written notice that when a
structure is permitted to be built with the •: ',' • •
--—•«_._. lowest habitable floor elevation below the
f
ty base flood elevation, the cost of flood insur-
ance will be commensurate with the increased
` risk resulting from the reduced lowest habitable i '
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 sanib 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 me 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- vl
sibility for any property damage resulting, from its application. • .
f '
• Commissioner Pistor 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 17, 1981 COLLIER CO TY, FLORIDA y
• ATTEST: // BY:� GOD
'\ lw,(1;Lll1n J. REAGAN, CLERK , CHAIRMAN
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Planning Dept.
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