Resolution 1984-225 '#
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x 3` November 20, 1984 "
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RESOLUTION 84 225 j' ''
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a RELATING TO PETITION FDPO 84-V-11`FOR A VARIANCE p ti , w;,k' , ,
FROM THE MINIMUM `REQUIREMENTS Off` THE' FL°Op
F v r h ,
4 DAMAGE PREVENTION3ORDINANCE (ORD. NO. 79-62). . ) a ''f t;
�" T,p WHEREAS, the petitioner Collier'`County Parks and Recreation Department 's .
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J desires to build three bathroom facilities and a park maintenance building ate � w� �a�,i
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ra! V the East Naples Community Park near Avalon School (a part of the NWT of "a a
irk Section 24, Township SO South, Range, 25 East) has requested a variance `from a F` ,A .,•
• , the floodproofing requirements of Ord. No. 79-62$ and, , °t
.1 WHEREAS, the Board of Zoning Appeals has held a public hearing as � � `�' ,x
,( ' required by laws has reviewed Petition FDPO-84-V•1.1 accordance with Section :•
i4 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: x?:r;:
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(5) The grant of a variance to use a lesser degree of floodproofing is ;fr
,
the minimum variance necessary, considering the flood hazard, to ,,,,f.',/, ,5,,;,,,.,
. afford relief.
} (6) The variance is issued upon: �7 '
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(a) A showing of good and sufficient cause based on review ; f.0,:'f•
of considerations contained in (7), following. ,
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(b) A determination that failure to grant the variance would ;` ;#a
a
`` ` 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 d
safety, extraordinary public expense, create nuisances, cause j:�
,. •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 ,, y
considered all technical evaluations provided to it, all relevant ,r
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factors, the standards specified in Ordinance No. 79-62, especially ' i
',', those contained in Paragraph 18 (7) (a-1)
5
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition
FDP0-84-V-11 is hereby granted subject to the following conditions: ' - fire
' 1. The variance shall be to use a lesser degree of floodproofing than that,.
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,`"° required by Ordinance No. 79-62. �∎q°4
; , 2 The;Chief Administrative Official shall mail a copy of this Resolution to � ..t4"„
9 the VS\V
petitioner; by registered return receipt. and such mailing :hail �,
',,,;1:1,-..''.',‘,' ' . ' , ,: , ' ,'i.,,„,„„,,,-,,",,,,,'.,r, ' , , , ., ,,' ' .' , ' ,,.,',"',.',-,,-C,:ziP.-i.Z. -!...;"!pii,'4:`?-fiii4t'?!" ‘',. ''. I
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constitute !compliance with Section 18, Paragraph (10) of,Ord• No. `,
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79 �3 , f ,�
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t which breads as,follows: �, '
u M "Any applicant, to whom a varince is granted, �,shall be given,written'notice.that when a ,, '�i j'y 4 j° ++ "atructure;is permitted.to be built with the, � �-�,lowest habitable'floor elevation below the � �� " '.,' y base flood elevation, the cost of flood incur-
once will be ccmnensurate with the.increased �� `r
r r• risk resulting from the reduced lowest habitable ;! ",g," .';
!? fy floor elevation." ,� "� ,
gym. on 3. The granting of this variance has been predicated principally ' `;z, `
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j the engineering data and information provided by the petitioner and ` � .
a review of same with respect to the considerations required by,,the t .
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'' 74-62 �4'� ,
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ord. No. s
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The granting of this variance by the Board of Zoning Appeals x 3x � }
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does not make or imply any assurances that the subject property or; �,' �, M1
structures are not subject to flood damages. z
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Further, the granting of this variance shall• not cr1ate ,� " 4 '
y part of Collier County or: by any officer: or : t"
�, liability on >the
employee thereof for any flood damages that result from reliance on , aFi �
this variance or any administrative decision lawfully made ,
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thereunder. . n
In accepting this variance, the petitioner assumes all respon-
aibility for any property damage resulting from its application. , ��:'�" �
Commissioner piston motioned, seconded by Commissioner ' '
'` goodnicht for the adoption of this Resolution. Upon call for the a'G
a
vote, the motion carried. "
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BOARD OF COUNTY COMMISSIONERS �� °:
1 DATE: November 20. 1984 COLLIER COUNTY, FLORIDA i `
' ',,..t,'..., ,. .:■* :,f, : ,",,..: (4.: ' - „ y" ,././.. . . ,,,,. .,„,,,,,,,,,,, , .s.A....T, .... -,.,.. . ..=. . ,.„,„ .,. . . ..s WILLIAM J REAGAI4, C r CHAIRMAN' ,, ..}} '. . , ,'`l M
�, i �j4 kC,ry�,i ..
r .,ti`. Approved:'asf,- toform..,and -iip ✓f ,'�
Legal Sufficienoyf., h "„ a jt t'
¢ ennet uy 0 ' Ys.1 ,
Assistant County Attorney r r
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TMCD/sgq/MON ROOK (J ra "t ,:4
;4. Planning Dept. t r