Loading...
Resolution 1983-178 RESOLUTION 83 - 178 RELATING TO PETITION FDPO-83-V-6 FOR A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORDINANCE NUMBER • 79-62). WHEREAS, the petitioner Marco Island Shopping Center, N.V. desires to build a a three structure shopping center addition at Marco Island on property bounded by Elkhart Circle, Collier Blvd. and Bald Eagle Drive (Tract G, Unit 4, Marco Beach Subdivision) and has requested a variance from the Minimum Base Flood Elevation required by the Ordinance Number 79-62; and, WHEREAS, the Board of Zoning Appeals has held a public hearing as • , required by law; has reviewed Petition FDPO-83-V-6 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 Ordinance Number -r 79-62 as follows: (5) The 3.5 foot reduction from the Flood Insurance Rate Map (FIRM) 12' National Geodetic Vertical Datum (NGVD) requirement to 8.5 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 Number 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-6 is hereby granted subject to the following conditions: 1. The variance shall be for-the reduction of the Minimum Base Flood „• Elevation required by Ordinance Number 79-62 from 12 feet NGVD to 8.5 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 Ordinance Number 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 floor elevation below the base flood elevation, the cost of flood • insurance will be commensurate with the increased risk resulting from the reduced lowest 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 Ordinance Number 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 Holland motioned, seconded by Commissioner Brown for the adoption of this Resolution. Upon call for the vote, the motion carried. October 11, 1983 BOARD OF COUNTY COMMISSIONERS DATE: COLLIER COUNTY, FLORIDA • Or tL14i ',' /e BY:// . ' ! • WILL ,AM?' • • AN, CLE•• , •IRMAN . � ;- e ' N idw . :c' .\�. •S 73'l3\? • Planning Dept. • • FDPO-83-V-6 Res • },+ .. 1 • 0083681 0 ^ f 13 r � 5 2: 0c 10 001623 COLLIER COUNTY RECORDED PAGE OR BOOK NOTICE OF VARIANCE TO FLOOD DAMAGE PREVENTION ORDINANCE 09 Notice is hereby given that the Collier County Board of County Commissioners did this 11th day of October, 1983, grant to: Marco Island Shopping Center, N.V. a variance to the Flood Damage Prevention Ordinance (County Ordinance No. 79-62). The property on which this variance was granted is located at: Elkham Circle, Collier Blvd. and Bald Eagle Drive (Tract G, Unit 4, Marco Beach Subdivision) Remarks: NOTE: The granting of this variance will result in higher flood p .this property. insurance rates for P y By: l Planning Director WITNESS MY HAND AND SEAL this //. day of 0-z1fO4` )'' , 1983. Notary Public ` ! (SEAL) Notary Po6bc. State of Hd� , Coomiosioa in 114 5, MS My Commission Expires: ,, W ....e �,� 01 d Notice Of Variance Form N NIY�.R'.tT•4 �iaM of