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Resolution 1980-243November 4. 1980 RESOLUTION 80 243 RELATING TO PETITION FDPO- 80 -V -11 FOR A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION, ORDINANCE (FDPO) NO. 79 -62. WHEREAS, the petitioner, Thomas Conrad desires to build a single family home at 106 Tahiti Street, Isles of Capri (Lot' 134, Unit 2, Isles of Capri) 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-80 -V -11 in accordance with Section 18, Paragraphs (5), (6) and (7), and has made -a finding that the granting of this petition, in its opinion, complies with the intent and purpose of said Section of Ordi- nance 79 -62 as follows: (S) The 4 feet reduction from the Flood Insurance Rate Map (FIRM) 111- National Geodetic Vertical Datum (NGVD) require- , ment to 7' NGVD is the minimum variance necessary, con- sidering the flood hazard, to afford relief. This conclusion is based on the following facts: The adjoining home on the west is at an elevation of approx- imately 7.09' NGVD and the adjoining house on the east is at . an . elevation of 7.00'. The requested 'variance will put petitioner's home at approximately the same elevation. This is a reasonable difference in order to control drain- age on -site, allow for reasonable acc*bss .-nd provide•for an, appearance in keeping with the surrounding neighborhood. (6) The 4' 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 tG grant the' variance would result in exceptional hardship to the applicant, his neighbors and customers. (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 will not be signif- scantly afrected by the granting of this variance) • . BOOK 056 PA6M5 2 �' y 4C;S 0 November 4, 1980 e0OX 056 PA016 (b) the danger to life and property due to flooding or erosion damage; (not applicable ) (c) the susceptibility of the proposed facility and its con- . tents to flood damage and the effect of such damage on the individual owner; (susceptibility held to the minimal) (d) the importance of the services provided by the proposed facility to the community; (not applicable) " (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 alternative location is possible) (g) the compatibility of the proposed use with existing and anticipated development; (granting of 4' variance deter- mined 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 not be . significantly affected by granting of this variance) (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; (not significantly affected by the granting of this variance) (k) the costs of providing governmental services during and after flood conditions including mainte: ian :e and rep.!!r of public utilities and facilities such as sewer, gas, electri- cal, and water system, and streets and bridges. (nor- mal cost as per surrounding residences) (1) Variances 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 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 surround- ed by lots with existing structures constructed below the base flood level, providing items (a - 1) have been fully considered; (The granting of this variance will be in compliance with this provision.) ' NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition FDPO- 80 -V -i1 is hereby granted subject to the following conditions: 1. The variance shall be for the reduction of the Minimum Base Flood 2 �' y 4C;S 0 Noyember 4, 1980 Elevation required by FOPO No. 79 -62 from 11 feat NGVO to 7 feet NGVD. 2.' The Chief Administrative Official shall mall a copy of this Res6lu- tion to the petitioner by registered return receipt and such mailing shall constitute compliance with Section 18, Paragraoh (10) of FDPO No. 70 -62 which reads as follows: "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 Insur- 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 the engineering 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 damages. Further, tha granting of this v #riance 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- sibility for any. - property damage resulting from its application. Commissioner ArrhPr motioned, seconded by Commissioner Rrnwn for the adoption of this Resolution. Upon call for the vote, the motion carried. DATE: November 4, 1980 ATTEST M11tt. A O' EAGAN�ERK NJS /sgg /65 -J Planning Dept. 9/23/80 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY: CLIFFFIRD WENZE , CHAIRMAN BOOK O5s �ACF1� 3