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Resolution 1982-035 RESOLUTION 82- 35 RELATING TO PETITION FDPO-82-V-2 FOR A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORD. NO. 79-62). WHEREAS, the petitioner Melvin L. Oilman desires to build a home at 841 South Heathwood Drive, Marco Island (Lot 20, Block 317, Unit 13, Marco Beach Subdivision) and has requested a variance to build one •;,'� of the bathrooms of said home below the Minimum Base Flood Elevation ; (BFE) required by the Ord. No. 79-62; and, ,'; WHEREAS, the Board of Zoning Appeals has held a public hearing as required by law; has reviewed Petition FDPO-81-V-2 in accordance with Section 18 (5), (6) and (7), and has made a finding that the granting of this petition complies with the intent and purpose of Ord. 79-62 as follows: �• (5) The 6 feet reduction from the Flood Insurance Rate Map (FIRM) 13 feet National Geodetic Vertical Datum (NGVD) re- quirement to 7 feet NGVD is the minimum variance necessary, 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 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 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 provided to it, all relevant factors, the standards specified in Ordinance No. 79-62. NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, P ' that Petition FDPO-82-V-2 is hereby granted subject to the following conditions: • 1 . The variance shall be for the reduction of the Minimum Base Flood Elevation required by Ord. No. 79-62 from 13 feet NGVD to 7 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 Ord. No. 79-62 which reads as follows: � 1• ,. "Any applicant, to whom a variance is granted, shall be given written notice that when a �• Ya structure is permitted to be built with the fa lowest habitable floor elevation below the ,:1';'•f 444 •s•' s t base flood elevation, the cost of flood insur- ance will be commensurate with the increased Y;. 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 Ord. 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, the granting of this variance 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 Brown motioned, seconded by Commissioner Pistor for the adoption of this Resolution. Upon call for the vote, the motion carried. BOARD OF COUNTY COMMISSIONERS y't DATE: March 23, 1982 A' • COLLIER COUNTY, FLORIDA `;; ATTEST: Z ) \ WILLIAM/J. REA Y, CLERK , CHAS AN / V• "w� • • TP/cm/65-BB Planning Dept. '00T524 5 ! reAR29 AM !I: I7 000 ° 64 001005 ' OR BOOK PAGE COLLIER COUNTY RECORDED ' NOTICE OF VARIANCE TO FLOOD DAMAGE PREVENTION ORDINANCE Notice is hereby given that the Collier County Board of County Commis- sioners did this 23rd day of March, 1982 grant to MELVIN L. OLLMAN a variance to the Flood Damage Prevention Ordinance (County Ordinance No. 79-62) . The property on which this variance was granted is located at: _ 841 South Heathwood Drive further described as Lot 20, Block 317, Unit 13, Marco Beach Subdivision Remarks: This variance was granted in order to locate one bathroom below the minimum Base Flood Elevation. • NOTE: The granting of this variance will result in higher flood insurance rates for this property. By: i > l Planning Director WITNESS MY {AND AND SEAL thi>v>16 c day of >'")J`^"'"'� , 1982. Notary Pu is (SEAL) c;, E (�Inrta: x ,res Ju!,r 1985 My Commission Expires: M Y icn ti J TMcD/na/65-DD • • Recorded and Verified In Official Records of COLLIER COUNTY, FLORIDA WILLIAM 1. REAGAN,CLERK By LAURA PROKOP, D.C.