Resolution 1984-060 08011"1- March 20, 1984
seen 677 RESOLUTION 84 - 60
RELATING TO PETITION FDPO-84-11-4 FOR A VARIANCE FROM THE
MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE
PREVENTION ORDINANCE (ORDINANCE NUMBER 79-62).
WHEREAS, the petitioner Rubhar Enterprises, Inc. desires to install
a pool bath at the Mansions Condominium, 10633 Gulf Shore Drive (Lot 51,
Block A, Unit 1, Connor's Vanderbilt Beach Estates) and has requested a
variance from the Minimum Base Flood Elevation required by Ordinance
Number 79-62; and,
•
WHEREAS, the Board of Zoning Appeals has held a public hearing as
required by law; has reviewed Petition FDPO-84-V-4 in accordance with
Section 18 (S), (6) and (7), had has made a finding that the granting of
this petition complies with the intent and purpose of Ordinance Number h
79-62 as follows:
(S) The 3.2 foot reduction from the Flood Insurance Rate Map (FIRM)
12' National Geodetic Vertical Datum (NGVD) requirement to 6.8
NCVD is the minimum variance necessary, considering the flood
hazard, to afford relief.
(6) The variance is issued upon:
(a) A showing of good and r”ffi4ient 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.
xy, (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, „p
or conflict with existing local laws or ordinances. a,
(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) (s»l)
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that
Petition FDPO-84-V-4 is hereby granted subject to the following,
conditionat
as
Mirth 20, 1984
1. The variance shall be for the reduction of the Minimum Base Flood
,.0
Elevation required by Ordinance Number 79-62 from 12 feet NOVD to
ik
.q.:;
6.8 feet NOD.
!!'..,...,
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 read‘ as follows:
"Any applicant, to whom a variance is granted, shall be given
. .
written notice that when a structure is permitted to be built
',..g with the lowest habitable floor elevation below the base flood
elevation, the cost of flood insurance will be commensurate .'.
with the increased risk resulting from the reduced lowest
..'',..;1
44 habitable floor elevation."
6 .
tiii
*.e..
, 3. The granting of this variance has been predicated principally on
1
,
11 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. It 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
4 the part of Collier County or by any officer or employee thereof for
40
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 reopen.* .'%.
sibility for any property damage resulting from its
application.
•
Commissioner Kruse motioned, seconded by Commissioner
, Pistor for the adoption of this Resolution. Upon call for ..',
- the vote, the motion carried.
. . .
.4i1.7,3 ltlerch 20, 1984 , BOARD OF COUNTY COMMISSIONERS
.
COLLIERIpENTY. FLORIDA
,.,` •• . ,':,. /* '
,'- —1.$ ATTEST r• .,,:l.. BY: i A
• ... '(..' A. •--*
: ' WILLIAM..J.:REAGAN, CLERK , , 1
,...r :
, 00 • ! , ' .,
; % BY t ........;..% '
• '°... '..... i ....rar/'..., , • , c ! .
44 IlfInparllopt.
' •,1-V*
• sotoc 080 Pg!078
•,,,,'4,4 4.,),,,,,qt?.:,,,,,i4,;,,i.a,,,:,., .,.;,,,,,,,','„.,, .,„,,!.,,,..',: ,, , ,, ,,$.i.:,,,.i,..,:r.v,,,,:.,.,,,,. .
,,, ::::::', '1'.''...',"■';',,'A.: '''''F'.,', ::'