Resolution 1986-218 NOVEMBER 10, 1986
0
RESOLUTION 86 - 218
RELATING TO PETITION FDPO-86-6 FOR A VARIANCE
•
FROM THE MINIMUM BASE FLOOD ELEVATION RECUIRED •
BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORD.
` 86-28).
• WHEREAS, the petitioner Future Citizens, Inc. desires to build four
camping shelters at a location south of Wiggins Pass Road and east of Gulf
Harbour Subdivision (legal description: Commencing at the E 1/4 corner of
Section 16, Township 48 South, Range 25 East, West 3.14', South 1480.5', West
• 760.4', South 264' to the Point of Beginning; thence West 623.12', North
1016.54', East 617.22', South 1018.99' to P.O.B. containing 14.49 acres) and
has requested a variance from t:he Minimum Base Flood Elevation required by the
• Ord. No. 86-28; and,
is
WHEREAS, the Board of Zoning Appeals has held a public hearing as required
by law; has reviewed Petition 1DP0-86-6 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 )rd. 86-28 as follows:
(5) The 2.6 foot reduction from the Flood Insurance Rate Map (FIRM) 11'
National Geodetic Vertical Datum (NGVD) requirement to 8.4' NGVD is
the minimum variance necessary, considering the flood hazard, to 4'
afford relief.
(6) The variance is issuei upon: •
(a) A showing of good and sufficient cause based on review of
considerations contained in (7), following.
(b) A determination
that failure lure t
o rant the variance nce would result •
i 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 standarcs specified in Ordinance No. 86-28, especially
those contained in Paragraph 18 (7) (a-1).
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition
FDPO-86-6 is hereby granted subject to the following conditions:
1. The variance shall be for the reduction of the Minimum Base Flood
Elevation required by Ordnance No. 86-28 from 11 feet NGVD to 8.4 feet
NGVD.
•
DDO( 099 M�� 17
600!~ 099 rac.i 18 NIDVEMBER 10, 1986
A
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 :hat 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 •
increased risk resulting from th.: 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
e<
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
p 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 Goodn__ght Seconded and aye ; '
COMMISSIONER Hasse Aye Y
COMMISSIONER Holland Aye
.
Y
COMMISSIONER
Piston Aye
DATE: November 10, 1986 _ BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
■
. <G j, 1 mi �ATTFSle . N • BY �
•
JOHN A. PISTOR, CHAIRMAN
• -V Mm�,..Deputy „Jerk
• Appro%e��'aa,tq•form and legal
sufficiehey4 ,,,, ..".
•
Kenneth B.1 uyler
County Attorney
TMcD/a1-10/10 •-
Alannint,
A2 I . •
•