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Resolution 1987-174 • AUGUST 4, 1987 4. F.ESOLUTION 87 - 174 RELATING TO PETITION FDPO-87-4 FOR A VARIANCE ,. FROM THE MINIMU1 BASE FLOOD ELEVATION REQUIRED •fir ? BY THE FLOOD DAMAGE PREVENTION ORDINANCE • 4 (ORDINANCE 986-1.8). M1 WHERFAS, the petitioners Marco Bay Associates and Anglers Cove Condominium • Association desire to continua using an enclosed area below the flood plane as • a maintenance shop in Unit 21.0, Building C, Anglers Cove Condominium, and has requested a variance from the Minimum Base Flood Elevation required by Ord. No. • °, 86-28; and •• WHEREAS, the Board of Zoning Appeals has held a public hearing as required y by law; has reviewed Petition FDPO-87-4 in accordance with Section 18 (5), (6) and (7), and has made a fin2,ing that the granting of this petition complies with the intent and purpose of Ordinance. 86-28 as follows: (5) The 4 foot reduction from the Flood Insurance Rate Map (FIRM) 10' ' National Geodetic Vertical Datum (NGVD) requirement to 6' NGVD is the minimum variance necessary, considering the flood hazard, to afford relief. (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, extraordinary public expense, create nuisances, cause fraud on - r� 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 tt 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-1). j NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition FDPO-87-4 is hereby granted subject to the following conditions: 1. The variance shall be for the reduction of the Minimum Base Flood .�. Elevation required by Crdinance No. 86-28 from 10 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 Ordinance. 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, the cost of flood 106 PA 33.4 600 � 6 BOOK 106 PAcE 34 A ULT 4, 1987 . insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation." r' 3. The granting of this variance has been predicated principally on the . , engineering data and in'ormation provided by the petitioner and a review r. 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. .1' • •, 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 'I. r: follows: ' COMMISSIONER Saunders Motioned and aye • COMMISSIONER Goodnight Seconded and aye t COMMISSIONER Pistor Aye - COMMISSIONER Glass Aye COMMISSIONER Hasse Aye 4 e DATE: August 4, 1987 BOARD OF COUNTY COMMISSIONERS ". COLLIER COLTr , FLORIDA e • ATTEST; ' COMMI• . /.y/� .TAMBS,C, GILES, CIERK MAX . HASSE, JR., HAIRMAN t - • By:/ 4A/ ViLg.ini agri; Deputy lerk• ! • ,. I Approved,as to•form and legal • suffi.ciency:.�', __.c _ . i r.` Kenneth B. Cuyler County Attorney I.' TMcD/ Planning Dept. A2/FDP0-87-4