Resolution 1983-048 RESOLUTION 83 -48
RELATING TO PETITION FDPO-83-V-2 FOR A VARIANCE FROM
THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE
FLOOD DAMAGE PREVENTION ORDIANCE (ORD. NO. 79-62) .
WHEREAS, the petitioner VANS BY DORAN desires to build a van
conversion shop at 941 Windward Dr. (lot 13, Block 777, Unit 4R, Marco
Beach Subdivision) 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-83-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 4 foot reduction from the Flood Insurance Rate Map (FIRM)
12' National Geodetic Vertical Datum (NGFD) requirement to 8'
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, especially those contained in Paragraph 18 (7) (a-l)
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that
Petition FDPO-83-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 12 feet NGVD to 8 feet NGVD.
2. The Chief Administrative Official shall mail a copy 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 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 insurance will be commensurate with
the increase 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
liability 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
responsibility 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
•
DATE: April 5, 1953 COLLIER COUNTY, FLORIDA
a
ATTE T:1 BY: AdVi— • AV
. WIL AS 'REABAN', • ERIC , CHA
Alma
(
Planning Dept.
00805490 1°a3 / 12 PM 2. .11 0C t oils 00 1 850
COLLIER COUNTY
• CORDED OR BO 7K PAGE
NOTICE OF VARIANCE TO FLOOD
* DAMAGE PREVENTION ORDINANCE
^0 Notice is hereby given that the Collier County Board of County
'J Commissioners did this 5th day of Apri) , 1983, grant to:
VANS BY DORAN
a variance to the Flood Damage Prevention Ordinance (County Ordinance
No. 79-62).
• The property on which this variance was granted is located at:
• 941 Windward Dr. (Lot 13, Block 777, Unit 4R,
Marco Beach Subdivision)
Remarks:
NOTE: The granting of this variance will result in higher flood
insurance rates for this property.
By: /
Planning D rector
WITNESS MY HAND AND SEAL this /03,,e.A day of J , 1983.
I• :
/ •c-V
r) �J _ Notary Public
• r- t • SEAL) Notify Pubbt State et .hxid!
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My GommissIon Expires. ,tr' „„. „ Ex.' July 5, 1985
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Notice Of Variance Form
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