Resolution 1980-269•
058 PACE� December 21 1980
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BOOK
RESOLUTION 00 - �g-
` RELATING TO PETITION FDPO- ,00 -V -16 FORA
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VARIANCE FROM THE > MINIMUM BASE FLOOD
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ELEVATION REQUIRED BY THE FLOOD DAMAGE'
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PREVENTION ORDINANCE (FDPO) NO. 79 -62.`;
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WHEREAS, the petitioner, Hideaway Beach, Inc. dQslres, to build
` two gate house on Marco Island at the entrances to Hideaway Beach on
Spinnaker Drive and at the north and of Kendall Drive and has re-
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quested a variance from the Minimum Base Flood Elevation required by`±
the FDPO No. 79 -62; and,
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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
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FDPO- 80 -V -16 in accordance with Section la, Paragraphs (5), (6) and
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(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-
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nance 79 -62 as follows:
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(5) The 5.5 feet reduction from the Flood Irisurance Rats Map:
(FIRM) 12' National Geodetic Vertical Datum (NGVD) require -
ment to 6.5' NGVD is the minimum variance necessary, con-
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sidering tine flood hazard, to afford relief.
This is a reasonable elevation in order to control drainage on -site,
allow for reasonable access and provide for an appearance in keeping
with the surrounding neighborhood.
(6) The 5.5 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 e::ceptional hardship to the applicant and
the future residents of Hideaway Beach.5
• (c) A determination that the granting of a variance will not
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result in increased flood heights, additional threats to
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public safety, extraordinary public expense, create
nuisances, cause fraud on or victimization of the public,
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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
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the following; (The Board's findings are noted' in paren-
theses)
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(a) the danger that materials may be swept onto other 'land s
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to the Injury- of others. ` (such danger will not be signit�.
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Icantly affected by the granting of this variants)'",—.4&, ,
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(b) ,, the danger to life and,,,,, property ;due to flooding oN.°
�, erosion damagoi (not appIt We,)
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stisceptibil ty of the' pl Wilty�,ahrtto!'
poeec
is tent to flood damage and . the effect of such dangge
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December 2, 1980
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the Individual owner; (It has been determined that the
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nature of the building, its use and contents are such
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that Its susceptibility to flood damage is minimal. To
reduce this risk even more, the Boad of toning Appeals';
has conditioned this approval on the applicant's assur-
ance that the proposed additon will be flood proofed and
that all materials used in its construction and any fur-
nishings placed therein shall be capable -of withstanding
inundation as provided for by the flood proofing classifi-
cation W -4 in the Corps of Engineers Flood - Proofing
Regulations (Document Number EP 11652314).
(d)
the importance of the services provided by the proposed
facility to the community; (the function of the gatehouse`
°a
requires a ground level location)
(e)
the necessity to the facility of a waterfront location,
where applicable; (not applicable)
'g.
(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 V a proposed use with existing and
anticipated' development; (granting of 5.5' variance
determined to be compatible)
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the relationship cf the proposed use to the plan and
flood plain management program for the area; (consistent
with County's flood plain management program)
(i)
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 th�a v•riance)
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(J)
the expected heights, velocity, duration, rate of rise
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and sediment transport of the flood waters• and the
effects of ' wave action, if applicable, expected at the
a:
site; (not significantly affected by the granting of this!`;i
variance)
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(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. (nor-
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mal cost as per surrounding residences)
(1)
Variances shall not be issued within any designated
fioodway 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 constructio i .•
and substantial improvements to be erected on a et o
one -half acre or less In to'an8ilri�•
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size contiguous
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"by +lots withxiittnb lttructures ructetl:
base flood level, providing: items, (a • 1) have`��bi�n IN
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con:ido i�il M• 1n1P9 �t rippli�abl�a�.1
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058 PACE'�� December 2 1980Y
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NOW, THEREFORE, BE IT RESOLVED by the [bard of Zoning, Appeals, ws'
that Petition FDPO- 80 -V -16 is` hereby �� • y granted subject to the following
conditions: {
1. The varlanci 'shalt' be tdr the reduction of the Minim m Base Flood
Elevation required by 'FDPO No.' 79-62 from 12 foot NGVD to'46.5� ."
feet NGVD.
2. The 'Chief Administrative .Official ' shall mail a copy of this' Reiofu- t { r
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,
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 predidated principally on
the engineering data and Information provided by the petitioner
and a review of same with respect to the considerations required
by the F7PO No. 79 -62. Further, it is conditioned on compliance
with the U.S. Corp of Engineers Flood- Proofing standards as ref-
erenced above.
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, the granting 'of this variance shall not create WWI -
lty on the part of Collier County or by any officer or employee
thereof for any flood damages that result from reliance on this.'I
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.
Vu-
Commissioner Brown motioned, seconded by Commissioner
—Kruse for the adoption of this Resolution. Upon call for
the vote, the motion carried. k °"
f..
BOARD OF COUNTY COMMISSIONERS
DATE: n enmh -r • 1980 COLLIER COUNTY, FLORIDA
64
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10/27/80 �. a
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