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Resolution 1983-073 RESOLUTION 83 - 73 •• RELATING TO PETITION FI)PO-83-V-3 FOR A VARIANCE FROM TILE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION ORDIANCE (ORD. NO 79-62). .!.` WHEREAS, the petitioner Lloyd Sheehan desires to build a golf course • r; equipment maintenance building at 4403 Fern Street (Beginning at the northwest corner of Lot 19 of Eagle Acres Subdivision as recorded in Plat Book 4, Page 151 the Official Records of Collier County, Florida. Thence east along the north line of Lot 19 a distance of 150'. Thence north 100' , west 200' , south 100' and east 50' to the point of beginning. t Said tract lying at the north end of Fern St.) 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-3 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) • 11' National Geodetic Vertical Datum (NGFD) requirement to 7' „ 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. rf (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-3 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 11' feet NGVD to 7 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 . i 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." r. • 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 1' 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 Voss for the adoption of this Resolution. Upon call for the vote, the motion carried. k'. 3'• BOARD OF COUNTY COMMISSIONERS ' DATE: May 10, 1983 COLLIER COUNTY, FLORIDA Alf • ATTESTp / BY ALI* • WIL I/G Fj�REAGAN: IRK , C • 4 /di./ • • Planning Dept. �^ _ i r� , • , ! 001024 0 0 0 I 4 0 00 �313fl36 PAGE COLLIER COUNTY RECORDED OR BOOK " NOTICE OF VARIANCE TO FLOOD DAMAGE PREVENTION ORDINANCE Notice is hereby given that the Collier County Board of County Commissioners did this 10 day of May, 1983, grant to: Lloyd Sheehan a variance to the Flood Damage Prevention Ordinance (County Ordinance No. 79-62). The property on which this variance was granted is located at: 4403 Fern St. (Beginning at the northwest corner of Lot 19 of Eagle Acres Subdivision as recorded in Plat Book 4, Page 15 the Official Records of Collier County, Florida. Thence east along the north line of Lot 19 a distance of 150' . Thence north 100' , west 200' , south 100' and east 50' to the point of beginning. Said tract lying at the north end of Fern St.) Remarks: A golf course maintenance building is to be built below the Base Flood Elevation by authority of this variance. NOTE: The granting of this variance will result in higher flood insurance rates for this property. • By:��V✓^ �� Planning Director WITNESS MY HAND AND SEAL thissA1Z day of 7�</ , 1983. Y` ( - . Notary Public I- .`-' rl•Cam-) ! Notary Public, State of Florida t lly..Co emission Expi res*AY Commission Expires July 5, 1515 1 .Y11 x.11 Isow„o,hPh.IIUYInIK..b.-. 7 Notice Of Variance Form InoNklnl�V a. .11 cowER cr.!INT v rlrcInA WILLIAM 1. P AN Mort of Circuit court