Resolution 1986-160 Septenber 9, 1986
rf RESOLUTION 86 - 160
RELATING- TO PETITION FDPO-86-4 FOR A VARIANCE
FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED
BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORD.
86-28).
ZIREREA$ the
petitioner John McCaa desires to build a single-family home
at 271 6th Street West (Lot 17, Block E, Unit 2, Little Hickory Shores) 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-4 in accordance with Section 18 (5), (6) and
(7), and has made a finding that the granting of this petition complies with the
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intent and purpose of Ord. 86-28 as follows:
(5) The 3 foot reduction from the Flood Insurance Rate Map (FIRM) 12
National Geodetic Vertical Datum (NGVD) requirement to 9 NGVD is the
minimum variance necessary, considering the flood hazard, to afford
relief, as the home contiguous to the south and north are at an
elevation of 8.2'NGV. The requested variance will put the subject I.
home at about the same elevation.
(6) The variance is issued upon:
(a) A showing of good and sufficient cause based on review of
considerations contained in (7), following. T
(b) A determination that failure to grant the variance would result
in exceptional hardship to the applicant.
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(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.
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(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-86-4 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 9 feet NGVD.
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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,
Book 097P,Vt 25
September .9, 1986.
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1500K 097 PAGE 26 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. r .
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 Goodnight Motioned and aye
COMMISSIONER Voss Seconded and aye
COMMISSIONER Hasse Aye
• COMMISSIONER Holland Aye
COMMISSIONER Pistor Aye
DATE: September 9, 1986 BOARD OF COUNTY COMMISSIONERS j
COLLIER COUNTY, FLORIDA
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TTEST: b� •' r•,-, •'..{.� BY: 4`-r4
JAMES GFLESt C tK7-J'',% C J HN A. PISTOR, CHAIRMAN
fir i� :. }raj'•',: �. .
By: /i�.v / . .
irk}••�e�
Mag i' \\.epu Clerk
Approved ks,
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sufficiency: 1,,,.. ,,,,.,
Kenneth B. Cuyler
County Attorney •
TMcD/
Planning Dept.
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