Resolution 1982-189 RESOLUTION 8 2- 189
•
RELATING TO PETITION FDPO-82-V-8 FOR A
• VARIANCE FROM THE MINIMUM BASE FLOOD
ELEVATION REQUIRED BY THE FLOOD DAM-
"` AGE PREVENTION ORDINANCE (ORD. NO.
79-62).
•
WHEREAS, the petitioner The Commons Investment Partnership has
built an office building at 720 Goodlette Road and has requested a
variance from the Minimum Base Flood Elevation 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 82-V-8 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 2.5 feet reduction from the Flood Insurance Rate Map
(FIRM) 10' National Geodetic Vertical Datum (NGVD) require-
ment to 7.5' NGVD is the minimum variance necessary, con-
,
.
sidering 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, especially those contained in Paragraph 18 (7)(a-I)
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals,
that Petition FDPO-82-V-8 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 10 feet NGVD to 7.5
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
3,. shall constitute compliance with Section 18, Paragraph (10) of
Ord. 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 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 Pistor motioned, seconded by Commissioner
Wenzel for the adoption of this Resolution. Upon call for
the vote, the motion carried.
BOARD OF COUNTY COMMISSIONERS
DATE: November 9, 1982 COLLIER COUNTY, FLORIDA
ATTEST: BY
WILL! • M J. REA • • CLERK , CHAIRMAN
IF
•
TP/sgg/65-H
Planning Dept.
10/6/82
00788575 02 ccc20 PM : c.E 00099910 001300
COLLIER COUNTY RECORDED OR BOOK PAGE.
NOTICE OF VARIANCE TO FLOOD
DAMAGE PREVENTION ORDINANCE
Y'r
Notice is hereby given that the Collier County Board of County Commis-
- t• sioners did this 11th day of November, 1982, grant to:
The Commons Investment Partnership
a variance to the Flood Damage Prevention Ordinance (County Ordinance
No. 79-62).
The property on which this variance was granted is located at: 720
Goodlette Road, and further described as property lying in Section 34,
Township 49 South, Range 25 East and more particularly described as:
Commencing at the center of Section 34, then South 89°
East 100 feet to the east Right-of-Way line of Goodlette Road,
then South 596.58 feet to Point of Beginning, then North 89°
East 480 feet, South 332. 18 feet, South 89° West 180.01 feet,
North 1.36 feet, South 89° West 300 feet, North 330 feet to
Point of Beginning containing 3.64 Acres. OR 944 Page 1498.
Remarks:
NOTE: The granting of this variance will result in higher flood
insurance rates for this property.
By:
Planning irector
.'. WITNESS MY HAND AND SEAL, this if_27toLJ day o l , 1982.
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