Resolution 1982-001 ..• t• January;'1982
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' .. RESOLUTION 8 2- 1
RELATING TO PETITION FDP0-81-V-14 FOR A ix
•VARIANCE FROM THE MINIMUM BASE FLOOD
• ELEVATION REQUIRED BY THE FLOOD DAMAGE "It,,; >
1- : s. PREVENTION ORDINANCE (ORD. NO 79-62). ;,-„' '
WHEREAS, the petitioner Lonnie Rogers desires to build a single ykr��
•' family home at 1751 Ludlow Road (Lots 2 & 3, Block 408, Unit 13, Marco
.-- Beach Subdivision) and has requested • variance from the Minimum Base .
!'l ,
Flood Elevation required by the Ord. No 79-62; and, Y
WHEREAS, the Board of Zoning Appeals has held a public hearing f
as required by law; has reviewed Petition FDPO-81-V-14 in accordance ; g
• with Section 18 (5), (6) and (7), and has made a finding that the e "'3
' :.
1`„ granting of this petition complies with the intent and purpose of •'”
t Ord. 79-62 as follows: r�'
n (5) The 4.9 feet reduction from the Flood Insurance Rate Map 4. ?
(FIRM) 12' National Geodetic Vertical Datum (NGVD) re- 'r
quirement to 7.1' NGVD for certain components of this -
home is the minimum variance necessary, considering the flood
{ hazard, to afford relief.
' (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
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
,a
has considered all technical evaluations provided td it, all '''
4 relevant factors, the standards specified in Ordinance _
W > No. 79-62, especially those contained in Paragraph 18 (7)(a-l) •
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals,
that Petition FDPO-81-V-14 is hereby granted subject to the following
r ,.--
."; 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
7.1' , feet NGVD. F .
• 2. The Chief Administrative Official shall mail a copy of this Resolu- • ".•
r, Lion 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: ,4 r�.�•.
Any applicant, to whom a variance. Is granted, "4"�zre."''
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shall be given written notice that when a {w
-` r structure Is permitted to be built ,with the' <•.,'1
lowest habitable floor elevation below the ' , 4 • 1
a,,1 s y et
' �,� lost 067 iiii 09 sir� i
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•
January 5, 1982 •V`
10
'b g9K C6? FACE base flood elevation, the cost of flood Insur- � '
_____
ancc will be commensurate with the Increased
.. risk resulting from the reduced lowest habitable 1 .
..�` floor eievation.N _ • ,.
'',„ 3. The granting of this variance has been predicated principally on ;' ;
4. .` the engineering data and Information provided by the petitioner ¢'
t .“ and a review of same with respect to the considerations required * ;',>
r .• by the Ord. No 79-62. `,
,
The granting of this variance by the Board of Zoning Appeals fir_
t does not make or Imply any assurances that the subject property ,., .. • ..
1 `'` or structures are not subject to flood damages. , ?
Further, the granting of this variance shall not create Habil- , tr
y ity on the part of Collier County or by any officer or employee , u=
' thereof for any flood damages that result from reliance on this ,
variance or any administrative decision lawfully made thereunder. . I
•
In accepting this variance, the petitioner assumes all respon-
sibility for any property damage resulting from• its application. . .
*Commissioner ,
,. _�lstor motioned, seconded by Commissioner 1' •,
Kruse for the adoption of this Resolution. Upon call for ,f
' the vote, the motion carried.
` BOARD OF COUNTY COMMISSIONERS
DATE: January 5, 1982 COLLIER COUNTY, FLORIDA
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J ATTEST: BY: e/'
6) .,t4tde
.• .
WILt1'tW AGAN, • ' K C.R. "R SWIMER,
CHAIRMAN '; I 4
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