Resolution 1982-002 • - M
January S, n "
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RESOLUTION 82- 2
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RELATING TO PETITION FOPO-81-V-1$ FOR A -.
,- VARIANCE FROM THE MINIMUM BASE FLOOD �- -- ---
ELEVATION REQUIRED BY THE FLOOD DAMAGE
t. "a
i , PREVENTION ORDINANCE (ORD. NO. 79-62).
WHEREAS, the petitioner Victor E. DeKonschtn for Angler's Cove :?
Is constructing a condominium complex known as Angler's Cove on `: ,.,
property described as • portion of Tract A, Unit Four, Marco Beach
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Subdivision and has requested a variance from the Minimum Base Flood
Elevation required by the Ord. No. 79-62 in order to install fire pumps
• below the Base Flood Elevation In buildings A, B, C, D, E, F, G, H,
J, K on building permits numbered 81-699, 80-4624, 81-701, 81-702, I
[.. - 80-3813, 80-3814, 80-3815, 80-4625 and 80-4626. '1.
r WHEREAS, the Board of Zoning Appeals has held a public hearing t-
as required'by law; has reviewed Petition FDPO-81-V-15 in accordance
with Section 18 (5), (6) and (7), and has made a finding that the 0 r
71 ' granting of this petition complies with the. Intent and purpose of
••• Ord. 79-62 as follows: t
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+ (5) The 6.2' feet reduction from the Flood Insurance Rate Map ,r.
,t (FIRM) 12' National Geodetic Vertical Datum (NGVD) re- "
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• qutrement to 5.8' NGVD is the minimum variance necessary,
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41 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 vaTfance 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
-i public safety, extraordinary public' expense, create .
A nuisances, cause fraud on or victimization of the public,
s 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
a 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-15 Is hereby granted subject to the following
conditions:
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1. The variance shall be for the reduction of the Minimum Base Flood
Elevation required by Ord. No. 79-62 from 12' foot NGVD to
t 5.8' foot NGVD. "
2. The Chief Administrative Official shall mall 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 i.:,-,::
Ord. No. 79-62 which reads as follows:
!, aooK• �067 M 13 F . �
January 5, 1982 % c
4 °Z "Any applicant, to whom a variance Is granted,,,°
shall bs given written notice that when a .
i ° a structure is permttted�to,be built with the , '.1' `if I .
" �1 r lowest habitable floor elevation.,below the „,,,,:....1,
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f' 0 0x '067 PACE 14 o .,, , ' .
°1, base flood elevation, the cost of flood Incur- '- cs ' •
• apes will be commensurate with the increased +# '11-'4 Y'
,e risk resulting from the reduced lowest habitable
`� floor elevation.”
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•• . 3. The granting of this variance has been predicated principally on -,
the engineering data and Information provided by the petitioner ' '`r t•-
and a review of same with respect to the considerations required • 'r,
by the Ord. No 79-82. ,,
'Ur ' The granting of this variance by the Board of Zoning Appeals
does not make or imply tiny assurances that the subject property
``r or structures are not subject to flood damages.
4.
• • Further, the granting•of this variance shall not create liabil- • �
ity on the part of Collier County or by any officer or employee 1'1*c
thereof for any flood or fire damages that result from reliance on r,,* .
this variance or any administrative decision lawfully made there-
under.
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In accepting this variance,-the petitioner assumes all respon-
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sibility for any property damage resulting from its application.
Commissioner Drown motioned, seconded by Commissioner a
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itrusw for the adoption of this Resolution. Upon call for ;
the vote, the motion carried.
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• BOARD OF COUNTY COMMISSIONERS
., DATE: Jnnvary 5, 11411:, . COLLIER COUNTY, FLORIDA
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ATTEST: / BY:c /g./.44
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, w)t% .!J it/WiLL1A GAN,/!!''RK , CHAIRMAN
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TP/sgg/85-R � .
Planning Dept.
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