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Resolution 1986-159 September 9, 1986 RESOLUTION 86 - 159 RELATING.TO PETITION FDPO-86-3 FOR A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORD. 86-28). WHEREAS, the petitioner Michael Sullivan desires to build a single family home at 342 Bayside Avenue (Lot 9, Block K, Unit 2, Conner's Vanderbilt Beach Estates) and has requested a variance from the Minimum Base Flood Elevation required by the Ord. No. 86-28; and, WHEREAS, the Board of Zoning Appeals has held a public hearing as required • by law; has reviewed Petition FDPO-86-3 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. 86-28 as follows: (5) The 6 foot reduction from the Flood Insurance Rate Map (FIRM) 12' .6' National Geodetic Vertical Datum (NGVD) requirement to 6' NGVD is the minimum variance necessary, considering the flood hazard, to afford • relief, as the adjoining home on the south is at an elevation of 4.86' NGVD, and the adjoining home on the north is at 5.45' NGVD, the requested variance will put the elevation of the petitioner's home at the same level. (6) The variance is issued upon: 1 (a) A showing of good and sufficient cause based on review of considerations contained in (7), following. j , (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. 86-28, especially those contained in Paragraph 18 (7) (a-n). • NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition ' • FDPO-86-3 is hereby granted subject to the following conditions: 1. The variance shall be for the reduction of the Minimum Base Flood Elevation required by Ordinance-No. 86-28 from 12 feet NGVD to 6 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. 86-28 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, 1500K 097P g� 21 September 9, 1986 b00K Oi(dl /ry PACE 22 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 Ord. No. 86-28. 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. This Resolution adopted after motion, second and roll call vote as follows: • • COMMISSIONER Voss Motioned and aye COMMISSIONER Goodnight Seconded and aye COMMISSIONER Hasse Aye COMMISSIONER Holland Aye • COMMISSIONER Pistor Aye DATE: September 9, 1986 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA .. g � • o� BOAT G),‹ ,/r ATTEST'�1 ... D��;'- BY: I 1/ JAL !, �' `C• JO. A. PISTOR, CHAIRMAN 0 • ,,; ; rte,= • 1/ rgi ,O Ma *,: Deput lerk • .n APpr6 'eeZOL%,to form,aid legal suffi ,,,-'N'; ,ee..r.4 6. (' Kenneth B. Cuyler County Attorney • 0• TMcD/ Planning Dept. A2