Resolution 1980-026February 5, 1980
B00(
RESOLUTION 80 - 26
RELATING TO PETITION FOPO- 79 -V -7 FOR A
VARIANCE FROM THE MINIMUM BASE FLOOD
ELEVATION REQUIRED BY THE FLOOD DAM -
AGE PREVENTION ORDINANCE (FDPO) NO.
79 -62.'
WHEREAS, the petitioner desires to build a Single Family home and
has requested a variance from the Minimum Base Flood Elevation required
by the FDPO No. 79 -62; and,
WHEREAS, the Board of Zoning Appeals has held a public hearing
as required by law; and
WHEREAS, the Board of, Zoning Appeals has reviewed Petition
FDPO- 79 -V -7 In accordance with Section 18, Paragraphs (5), (6) and
(7), and has made a finding that the granting of Petition FDPO- 79 -V -7,
in its opinion, complies with the intent and purpose of said Section of
Ordinance 79 -62 as follows:
(5) The 2.6 foot reduction from the Flood Insurance Rate Map
(FIRM) 13 foot National Geodetic Vertical Datum (NGVD) re-
quirement to 10.4 feet NGVD is the minimum variance necess-
ary, considering the flood hazard, to afford relief.
This conclusion is based on the following facts:
The adjoining home on the north and south are at an eleva-
tion of approximately 8.5 feet NGVD and the requested vari-
ance will put the elevation of the petitioner's home approxi-
mately two feet above the existing homes.
This is a reasonable difference in order to control drain-
ing on -site, allow for reasonable access to the subject home
and provide for a reasonable appearance in keeping with the
homes in the surrounding neighborhood.
(6) .The 2.6 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 and his
neighbors.
(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
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; (such danger non- existent or
minimal)
BOOK 051 PACE 30i
2
February 5, 1980
(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 - s,
tents to flood damage and the effect of such damage on
the individual owner; (the lowered elevation has In-
creased the susceptibilty for flooding. Owner has, by
letter, acknowledged the probability of Increased insur-
ance costs)
(d)
the importance of the services provided by the proposed
facility to the community; (no increase in service result-
ing from the granting of a variance)
(e)
The necessity to the facility of a waterfront location,
where applicable; (not applicable)
(f)
the availability of alternative locations, not subject to
flooding or erosion, damage, for the proposed use; (no
such alternative location is possible)
(g)
the compatibility of the proposed use with existing and
anticipated development; (granting of 2.6 foot variance
determined to be compatible)
(h)
the relationship of the proposed use to the plan and
flood plain management program for the area; (consistent
with County's flood plain management program)
(1)
the safety of access to the property in times of flood
for ordinary and emergency vehicles; (access will be
unchanged)
(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; (the expected heights have been considered)
(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, (same
cost as surrounding residences) and;
(1)
variance shall not be issued within any designated
floodway if any increase in flood levels during the base
flood discharge would result; (not applicable, not in
ti?
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 sur-
rounded by lots with existing structures constructed
below the base flood level, providing items (a -1) have
been fully considered; (subject property is less than It
acre in area and there are existing homes on abutting
lots to the north and south;
BOOK 051 PACE 30i
2
February 5, 1980
BOOR O5� PAGE S02
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning
Appeals, that Petition FDPO- 79 -V -7 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 13 feet NGVD to 10.4
feet NGVD.
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. 78 -62 which reads as follows:
11(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 insurance will
be commensurate with the increased risk resulting from
the reduced lowest habitable floor elevation."
3. The granting of this variance has been predicted on the engineer-
ing 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 damage.
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 administrative decision lawfully made thereunder.
In accepting this variance, the petitioner assumes all respon-
sibility for any property damage resulting from its application.
Commissioner Pistor motioned, seconded by Commissioner
Ifimer for the adoption of this Resolution. Upon call for the
vote, the motion carried.
DATE: February 5, 1980 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
ATTEST:
WILLIAM J. REAGAN, CLERK
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BY:
CLIFF D WENZEL, VHAIRMAR
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Pay 20, 1980
AGENDA - APPROVED WITH DELETIONS AND ADDITION
Upon motion by Commissioner Archer, seconded by Com-
missioner Pistor and unanimously carried, the agenda was
approved with the following addition and deletions:
1. Petition FDPO -V -7, William Slocum, requesting
a variance from the minimum base flood eleva-
tion, as required under FDPO 79 -62 (continued
from 4/22 and 5/6/80 agendas) - Withdrawn.
2. Petition R- 80 -4 -C, Thomas Kraus, requesting
rezoning from "A" to "PUD" for property located
in Section 1, T50S, R25E - Withdrawn.
3. Petition CP- 80 -4 -C, Bruce Green and Associates,
requesting Comprehensive Plan Amendment on Lot
104, Naples Grove and Truck Company's Little
Farms No. 2 - Withdrawn from agenda (scheduled
in error).
A. Petition R- 80 -8C, Bruce Green and Associates,
requesting rezoning on Lot 104, Naples Grove
and Truck Company's Little Farms No. 2 - With-
drawn from agenda (scheduled in error).
5. Award of Bids for construction of Willoughby
Acres Water and Sewer Improvements - Added under
Utility Director's Report.
MINUTES OF MEETING, OF APRIL 29, 1983 - APPROVED
Commissioner Archer moved, seconded by Commissioner
Pistor and unanimously carried, that the minutes of the
meeting of April 29, 1980 be approved as presented.
PETITION R- 79 -30C, KINGS LAKE (SOUTH), WAFAA F. ASSAAD FOR
POWER DEVELOPMENT CORPORATION /KINGS ?SAKE, LTD. - WITHDRAWN
AT REQUEST OF PETITIONER
Legal notice having been published in the Naples Daily
News on January 25, 1980 as evidenced by Affidavit of Publica-
tion previously filed with the Clerk, Petition R- 79 -30C, filed
by Wafaa F. Assaad for Power Development Corporation /Kings
Lake Ltd., was withdrawn upon request of the Petitioner, public
hearing having been continued from February 26, 1980.
PETITION CP- 80 -4C, BRUCE GREEN AND ASSOCIATES, REQUESTING
COMPREHENSIVE PLAN AMENDMENT RE RESIDENTIAL LAND USE ON LOT
104, NAPLES GROVE AND TRUCK COMPANY'S LITTLE FARMS NO. 2 -
REMOVED FROM AGENDA (SCHEDULED IN ERROR)
It was noted that Petition CP -80 -4C was inadvertently
scheduled on the agenda in error, public hearing to be held
June 3, 1980, as advertised.
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