Resolution 1987-175 SOCK 106 PA(,c 40
AUGUST 4, ,1987_
F.ESOLUTION #87 - 175 • ,
RELATING TO PETITION FDPO-87-5 FOR A VARIANCE
FROM THE MINIMU1i BASE FLOOD ELEVATION REQUIRED
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BY THE FLOOD DAMAGE PREVENTION ORDINANCE `
(ORDINANCE #86-28).
WHEREAS, the petitioner !iarco Bay Associates desires to continue to use
enclosed areas below the Base Flood Elevation for purposes other than limited •
storage and parking in their Condominium Hotel described as Building "L", Marco
Bay Resorts (a portion of Tract A, Marco Beach Unit 4) and has requested a 4
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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-87-5 in accordance with Section 18 (5), (6)
and (7), and has made a finding that the granting of this petition complies
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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 V rtical Datum (NGVD) requirement to 6' NGVD for
the use listed above is the minimum variance necessary, consider-
ing 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 determinatior 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-l). •
'•"., ,, NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition
FDPO-87-5 is hereby granted subject to the following conditions:
is 1. The variance shall be for the reduction of the Minimum Base Flood
Elevation required by Ordinance 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 o
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. :3tructure is permitted to be built with the lowest
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AUGUST 4, 1987
floor elevation below the base flood elevation, the cost of flood
insurance will be commensurate with the increased risk --5ulting from
the reduced lowest floor elevation." ;, r
3. The granting of this variance has been predicated principally on the
engineering data and information provided by the petitioner and a review cs ''
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
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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 .14.
follows:
COMMISSIONER Glass Motioned and aye 'R
COMMISSIONER Goadnight Seconded and aye c' '
COMMISSIONER Pistor Aye
COMMISSIONER Saunders Nay 1
COMMISSIONER Hass;: Nay 1 -'
DATE: August 4 , 1987 BOARD OF COUNTY COMMISSIONERS
COLLIER COUNTY, FLORIDA
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ATTEST: BY: // /
L/ 1. ra 1•44: I_ L
4- JAMES C,. gILE CLERK MAX • . r SSE, JR., HAIRMAN , .,.
r A ,
• 7 x1„ Virgin Or Magr.L, Deputy d
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Approved as >?o .form and lega L
7c PP •
,sufficiency.: T
• Kenneth B. Cuyler
County Attorney
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A2/FDP0875/1
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