Resolution 1986-217 NOVEMBER 10, 1986
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RESOLUTION 86 - 217
RELATING TO PETITION FDPO-86-5C FOR A'VARIANCE
FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED
BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORD.
86-28).
WHEREAS, the petitioner Ermon Beck desires to build a single-family home •
at 103 Bayview Avenue (Lots 3:: & 32, Block B, Unit 1, 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-86-5C in accordance with Section 18 (5), (6)
and (7), and has made a fincing that the granting of this petition complies
with the intent and purpose of Ord. 86-28 as follows:
(5) The 4 foot reduction from the Flood Insurance Rate Map (FIRM) 13'
National Geodetic Vel ,ical Datum (NGVD) requirement to 9' NGVD is the •
minimum variance ne: •-Jary, considering the flood hazard, to afford
relief, as the existing homes in the area are generally at 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.
(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,
+ i 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-86-5C 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 13 feet NGVD to 9 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
• eo ix 098 vast 13
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BOOK 099 PAG[ 14 NOVEMBER 10, 1986
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constitute compliance with Section 18, Pa*.graph (10) of Ord. No. 86-28 ■
i
which reads s9 follows:
• 1 "Any applicant, to whom a variance is granted, shall be given 4.
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
'i increased risk resulting from the reduced lowest floor
f
1 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.
s The granting of this variance by the Board of Zonin g Appeals does not
•i.
make or imply any assuranee8 that the subject property or structures are
not subject to flood damages.
t
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. '. 1
Iii 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
i follows:
F
COMMISSIONER Holland Motioned and aye )
COMMISSIONER Hasse Seconded and aye
COMMISSIONER Voss Aye
COMMISSIONER Goodnight Aye
COMMISSIONER Pistor Nay •
,
DATE: November 10, 1986 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA '
ATTEST:,,•,,,,. , BY ' ' P. M ii-(
JAMES�GI.F , qL RK JSHN A. PISTOR, CHAIRMAN
,-;'•u , .• 'L
:virgihi gri_Deputy erk
Apiir4ved:as to forn:and legal
siiffi'c ency: "` .e:;' 0 .
,,,;„•_..i •., ..•, .+,- ...•
Kenneth B. Cuyler
County Attorney
TMcD/
Planning Dept.
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