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Resolution 1982-016 t ' February 2, 1982 RESOLUTION 82.- 16._ �, RELATING TO PETITION FDPO-81-V-17 FOR A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAM- . PREVENTION ORDINANCE (ORD. NO. ','`.k', 79-62). km As WHEREAS, the petitioner PoWer Cdrporation desires to build a 4* Meetin /Recreation Hall at Hyde Park Condominium complex on a portion g ,+r h of Parcel P, Unit 2, of Pelican _Bay Subdivision and has requested a variance from the Minimum Base Flood Elevation required by the Ord: No. 79-62; and, •,r r, WHEREAS, the Board of Zoning Appeals lies held a public hearing . ''Ka' ` .• as required by law; has reviewed Petition FDPO-81-V-17 in accordance , with Section 18 (5), (6) and (7), and has made a finding that the N granting of this petition complies with the intent and purpose of li Ord. 79-62 as follows: . (5) The 4 feet reduction from the Flood Insurance Rate Map • I. " (FIRM) 12 National Geodetic Vertical Datum (NGVD) re- 4 quirement to 8 NGVD is the minimum variance necessary, . ,Y considering the flood hazard, to afford relief. (6) The variance is Issued updn: e.` (a) A showing of good and sufficient cause based on review 4 of considerations contained in (7), following. ii (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 41 public safety, extraordinary public expense, create ',;j • nuisances, cause fraud on or victimization of the public, • or conflict with existing local laws or ordinances. x (d) It has been determined that the nature of the building; • '• its use and contents are such that its susceptibility to flood damage is minimal. To further reduce this risk, to tl t.r �� tr, the Board of Zoning Appeals has conditioned its approval • on the applicant's assurance that the proposed addition Y will be flood-proofed and that all materials used in is r ! .. (, construction and any furnishings placed therein shall be I • capable of withstanding inundation as provided for by I. • � the flood-proofing classification W-4 In the torps of }. i Engineers Flood-Proofing Regulations (Document Number ,` : EP 11652314). s1%. • (7) In passing upon this variance, the Board of Zoning Appeals f` • has considered all technical evaluations provided to It, all . 'Y ,e,... relevant• factors, the standards specified In Ordinance ';?% jf-: ,r No. 79-62. <� i . ` NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, • :e, ': that Petition FDPO-61-V-17 Is hereby granted subject to the following- {h . • Y� conditions: • eooX 067 PACtS44 *. J J. BOOK 067 PACe 34J February 2, 1982 ' • 1. Tho variance shall be for the reduction of the Minimum Base Flood Elevation required by Ord. No. 79-02 fLon 12 foot NGVD to # ' • 8 foot NGVD. ,. y 2. Further, It Is conditioned 'on compliance with the U.S. Corps of _- Engineers Flood-Proofing standards as referenced above. The ; H Chief Administrative Official shall mall a copy C of this Resolution to the petitioner by registered return' receipt and such mailing shall ,. ■ constitute compliance with Section 18, Paragraph (10) of ' Ord. No 79-62 which roads as follows: <„' ' "Any applicant, to whom a variance is granted, �, J El shall be given written notice that when a t1' 1 structure is permitted to be built with the ;�,: i lowest habitable floor elevation below the u. ' base flood elevation, the cost of flood Insur- 'A,. . k e ance will be commensurate with the increased risk resulting from the reduced lowest habitable , floor elevation.” I:` 3. The granting of this variance has been predicated principally on r„, the engineering data and information provided by the petitioner and a review of same with respect to the considerations required - i by the Ord. No. 79-62. to Tho granting of this variance by the Board of Zoning Appeals . `rid ; does not make or imply any assurances that the subject property " •h or structures are not subject to flood damages; nor . shall the h. • granting of this variance create liability on the part of Collier County or by any officer or employee thereof for any flood dam- 1 • • ages that result from reliance on this variance or any tdministra- } Live decision lawfully made thereunder. n 1 t In accepting this variance, the petitioner a•:sumes all respon- sibility for any property damage resulting from its application. • r ' � Commissioner 15istor motioned, seconded by Commissioner Wenzel for the adoption of this Resolution. Upon call for `` the vote, the motion carried. i ti ` BOARD OF COUNTY COMMISSIONERS. DATE: February 2, 1982 COLLIER COUNTY, FLORIDA t , 1'I `u1 ,ATTI:S,T: BY: J .lf.�tf' G% }, . • •• ..WILLIAI�i•J. - .AGAN, * C.R. " U S" WIMER, CHAIRMAN ,r., ir e, 7 / F { J:, iv I ` �Tg/spg/65-J s • 'P1ai.ning Dept. . w • t1 4. ._ � , • NMI ...Ai', , O '