Resolution 1980-268December 2. 1980
BOOK 058 PAGE'"'
RESOLUTION 80 - 268
RELATING TO' PETITION FDPO- 80 -V -1S FOR A
VARIANCE FROM THE MINIMUM BASE FLOOD,
ELEVATION REQUIRED BY THE FLOOD AMAGE
PREVENTION ORDINANCE (FDPO) NOD 19-62.
WHEREAS, the petitioner Danny Neal Mitchell desires to place a
mobile home at Tract "J" of Lot 2, Smaliwoods Subdivision, Chokoloskee
Island further described as:
Tract NJ"
Commencing at the NW corner of the sA of the NVA of
Section 31, T53S, R30E, Tallahassee meridian, Collier County,
Florida. Thence S 00 012114" W, along the west line of Section
31 742.70 feet to a point, thence S 83 000146" E, 274.64 feet to
a point, thence N 18 044114" E, 25.S3 feet to a 3/4" iron pin,
continue N 18 044114" E 100 feet to an iron pin, the point of
beginning; continue N 18 044114" E 100 feet to an iron pin,
thence S 83 000146" L 105 feet to an Iron pipe, thence S
18 644114" W 100 feet to an iron pin, thence N83 000'46" W 10S
feet to the point of beginning.
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and has requested a variance from tie 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 -15 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:
(5) The 6 feet reduction from the Flood Insurance Rate Map
(FIRM) 16' National Geodetic Vertical Datum (NGVD) require-
ment to 10' NGVD is the minimum variance neces-ary, con-
sidering the flood hazard, to afford relief. ,
This conclusion is based on the following facts:
The adjoining mobile home on the south is at an elevation of
approximately 10.3' NGVD and the adjoining mobile home to
the north is at an elevation of 9.5' NGVD, the requested
variance will put the petitioner's mobile home at approximately
the same elevation.
This Is reasdnable In order to control drainage on -site,
allow for reasonable access and provide for an appearance in .
keeping with the surrounding neighborhood.
(6) The 6' variance Is issued.upons
a A showing of good 'and sufficlont cause bas Mr
of) ccor„stderattons contained.. in .(7), folioWlf 0 x !
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December 2, 1980
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(b)
A determination that failure to grant the variance would
a,
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
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nuisances, cause fraud on or victimization of the public,.
or conflict with existing local laws or ordinances.
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(7) In passing upon this variance, the Board of Zoning Appeals
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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. (Board feels, in this instance,
that potential damage by wind blown debris from an
elevated mobile home to grade level homes close by could
be significant.)
(b)
the danger to life and property due to flooding or
erosion damage; (not applicable )
(e)
the susceptibility of the proposed facility and its con-
tents to flood damage and the effect of such damage on
the individual owner; (owner has acknowledged increased
flood susceptibility).
(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; (this
is only property owned by applicant).
(g)
the compatibility of the proposed use with existing and
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anticipated development; (granting of 6' variance deter -a'
mined to be compatible)'
(h)
the relationship of the proposed use to the plan and
flood plain management program for the area; (consistent
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with County's flood plain management program)
(i)
the safety of access to the property In times of flood
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for ordinary and emergency vehicles; (access will not be
significantly affected by granting of this variance)
?a`;
(J)
the expected heights, velocity, duration, . rate of rise [
and sediment transport of .the flood: waters and the �
.
effects of wave action, . If applicable, ,expectedy'at
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site; (not significantly , affectod by, the grsntinO o U'
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variance)
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December 2, 1980
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(k) the costs of providing governmental services during and
after flood conditions Including maintenance and repair of
f public utilities and facilities such as seworl .gas# olectri-
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cal, and water. system, and streets and .bridges. (coat
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;.' the same as per surrounding residences),,
(1) Variances • shall not be Issued within any , dosignated
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
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one -half acre or less in size contiguous to and surround -;
ed by lots with existing structures constructed below the
a - 1 have been full
base flood level, providing items ( ) Y
considered; ( The granting of this variance is in com-
pliance with the provision).
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NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals,
that Petition FDPO -V -80-15 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 16 feet NGVD to 10
feet NGVD.
2. The Chief Administrative Official shall mail 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
FDPO No. 79-62 which reads as follows:
"Any applicant, to whom a variance is granted,
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shall be g;ven 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."
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3. The granting of this variance has been predicated principally on
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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
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does not make or imply any assurances that the subject pro perty
or structures are not subject to flood damages.
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Further, -the granting' of this variance shall not create IIabil-
ity on the part of Collier County or by. any .officer or; employ"
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thereof for any flood damages that result from rallance on th o"
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variance or any administrative decision., lawfully, made th6reun
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