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Resolution 1987-198 �t' 4yp'+j . i 4 September 1, 1987 • !. i . � r(K " 0 „ r, RESOLUTION 87 - 198 ir is y:'. ,..■ ,a CY!b RELATING TO PETITION FDPO-87-6 FOR A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED s': i • • BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORDINANCE #86-28). ° WHEREAS, the petitioner Geoffrey Huguely desires to complete a substantial N. '', improvement to an existing home at 1471 Firwood Court (Lot 50, Block 24, Unit • 1, Marco Beach Subdivision) and has requested a variance from the Minimum Base Flood Elevation required by the Ord. No. 86-28; and ,.,j WHEREAS, the Board of Zoning Appeals has held a public hearing as required 'stk±+ by law; has reviewed Petition FDPO-87-6 in accordance with Section 18 (5), (6) • u'fi: finding 8 p P and (7), and has made a findin that the grantin of this etition complies ,,,, •` "tr with the intent and purpose of Ordinance. 86-28 as follows: r ”' o „ ,.. (5) The 0.44 foot reduction from the Flood Insurance Rate Map (FIRM) 10' ; National Geodetic Vertical Datum (NGVD) requirement to 9.56' NGVD is i. 7 E • the minimum variance necessary. • 4 (6) The variance is issued upon: i „xa (' i t < ' (a) A showing of good and sufficient cause based on review of 1,,,m0kk `" considerations contained in (7), following. ' 8,i'.Y.1r ii'. y (b) A determination that failure to grant the variance would result , r r.� in exceptional hardship to the applicant. - ' ' (c) A determination that the granting of a variance will not result :: a�''�", in increased flood heights, additional threats to public safety, '`;"141:i, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local `` laws or ordinances. 1 ,; • (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 X41. those contained in Paragraph 18 (7) (a-1). • NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition i r FDPO-87-6 is hereby granted subject to the following conditions: 3 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 9.56 feet ;1 NGVD. . r i 2. The Chief Administrative Official shall mail a copy of this Resolution to q, 7, tha petitioner by registered return receipt and such mailing shall constitute compliance with Section 18, Paragraph (10) of Ordinance. No. v,, • ,••� 86-28 which reads as fol:%wa: ,,`. "Any applicant, to whom a variance is granted, shall be given f• written notice that when a structure is permitted to be built ; with the lowest floor elevation below the base flood elevation, NM 107Par1 19 F September 1, 1987 � ps iplitt.ziF Y e,; soon 107 fASb 2 '` the cost of flood insurance will be commensurate with the ^.ts. f , t ', increased risk resulting from the reduced lowest floor i+ elevation." n ,, 3. The granting of this variance has been predicated principally on the Itir<� Y en gineering data and information provided by the petitioner and a review 1'' r 4„2 aka. of same with respect to the considerations required by the Ord. No 86-28. .. �. A# � : The granting of this variance by the Board of Zoning Appeals does not ' ,*1 ' a+'{; make or imply any assurances that the subject property or structures are X 4'% '3 not subject to flood damages. r sy , 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 ' �4 P Y Y Y Y �t+Ra ,pr -. w flood damages that result from reliance on this variance or any . �� " t t� ' administrative decision lawfully made thereunder.•kP 3 �d ' '� ��_ V-44 t '+ r'# In accepting this variance, the petitioner assumes all responsibility N 74 for any property damage resulting from its application. �, ++ , v +4R: This Resolution adopted after motion, second and roll call vote as -, 0“., follows: �, ai { {��`4 :W",'`,.< ..�nl'44 t. �� e COMMISSIONER Pistor Motioned and aye 0 : COMMISSIONER Saunders Seconded and aye a'14 P', ;,.,: 4, COMMISSIONER Glass Aye 'i , -.,`« `;;a, ,ate COMMISSIONER Goodnight Aye }'�, 1* Pte' . . t . i �. ,�: COMMISSIONER Hasse Aye '. • . �,af°af° .i .FSe . 1 'tl 4' ; s �� is DATE: September 1, 1987 BOARD OF COUNTY COMMISSIONERS ry 7 : COLLIER COUNTY, FLORIDA liptiv.,PHA 11�' R - ii .!rx04.z..tee �' ; ATTEST",3 p. BY: //. / /%�'�1 �JA2 9.OILES�,-'CLERK A HA,SE, CHAP f 10 -41114trk ,c, : d AhrilLe Jr -may. ,^' '` T` ;'0Approved as toy orm and legal r„s +d + 1. 1 'G vP ,/,), , t 1 iW ' Kenneth B. Cuyler /ix County Attorney a +' j. RES/FDP0-87-6/Huguely th �% i t yyy y ?fi o "a. t TMcD/ I ri ,4x ..� x x Planning Dept. A2 simi NS 11111 11