Resolution 1987-294 0EC221987
r .
tet.
. RESOLUTION 87 - 294
41,
RELATING TO PETITION FDPO-87-8C FOR A VARIANCE
'11- THE MINIMUM BASE FLOOD ELEVATION REQUIRED
BY THE FLOOD DAMAGE PREVENTION ORDINANCE
(ORDINANCE 087-80).
::: WHEREAS, the petitioner Leonard Niederriter desires to place a
c.,. , manufactured home at 522 Coconut Drive (Lot 18, Block B, Goodland Isles
T,': ' '
,, }•s, Subdivision) and has requested a variance from the Minimum Base Flood Elevation
,7:
a ''" required by the Ord. No. 87-80; and
i• 1` . WHEREAS, the Board of Zoning Appeals has held a public hearing as required
Y res,'.
by law; has reviewed Petition FDPO-87-8C in accordance with Section 18 (5), (6)
k
z
# and (7), and has made a finding that the granting of this petition complies
.
1�`' • .i .with the intent and purpose of Ordinance. 87-80 as follows:
li: (5) The 3 foot reduction from the Flood Insurance Rate Map (FIRM) 11
M Sys,s ,
5.. National Geodetic Vertical Datum (NGVD) requirement to 8 NGVD is the
minimum variance necessary, considering the flood hazard, to afford
t •` `r' relief, as the existing manufactured home contiguous to the west is
tat an elevation of 8.10 feet NGVD and the existing manufactured home
contiguous to the east is at an elevation of 7.5 feet NGVD. The •
' • `' requested elevation will place the applicants home at about the same
• elevation.
,' (6) The variance is issued upon:
i ;
,. (a) A showing of good and sufficient cause based on review of
considerations contained in (7) , following.
`4' • (b) A determination that failure to grant the variance would result
in exceptional hardship to .he applicant.
I (c) A determination that the granting of a vat ance will not result
in increased flood heights, additional threats to public safety,
' extraordinary public expense, create nuisances, cause fraud on
q., or victimization of the public, or conflictwith existing localre^
laws or ordinances.
(7) In passing upon this variance, the Board of Zoning Appeals has
i': considered all technical evaluations provided to it, all relevant
.,Zr' factors, the standards specified in Ordinance No. 87-80, especially •
re those contained in Paragraph 18 (7) (a-n).
w, NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition
FDPO-87-8C is hereby granted subject to the following conditions:
1. The variance shall be for the reduction of the Minimum Base Flood
'f` Elevation required by Ordinance No. 87-80 from 11 feet NGVD to 8 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.
Ali Y= s 87-80 which reads as follows:
'� .n+C, 4UUn
:110;!,,,, 384 ,
}
HU �10 Pr•:385 0 E C 22 1987
"Any applicant, to whom a variance is granted, shall be given 4
'. written notice that when a structure is permitted to be built
.7r
with the lowest floor elevation below the base flood elevation,
1.• t the cost of flood insurance will be commensurate with the
ts ` increased risk resulting from the reduced lowest floor
i.
•
v,, ; "P4'` elevation."
I3w 3. The granting of this variance has been predicated 1principally on'the
: a engineering data and information provided by the petitioner and a review
x, k, of same with respect to the considerations required by the Ord. No. 87-80.
�•� . k 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
;'`A4,4;
' ' `." '� not subject to flood damages.
�.44.1 * Further, the granting of this variance shall not create liability on
the•+` the part of Collier County or by any officer or employee thereof for any
:Wr. V:
: �0flood damages that result from reliance on this variance or any
�,T ;11 administrative decision lawfully made thereunder. -
t In accepting this variance, the
tfloq;- ,.”' P $ petitioner assumes all responsibility
d ; for any property damage resulting from its application.
i This Resolution adopted after motion• , second and roll call vote as •
• 5 ."` 4,rfollows:
+
4.I' COMMISSIONER Hasse Motioned and aye
'`':: COMMISSIONER Saunders Seconded and aye
COMMISSIONER Pistor Nay
COMMISSIONER Goodnight Aye
a 4COMMISSIOP:ER Glass Aye
d f%
DATE:December 22, 1987 BOARD OF COUNTY C(`44ISSIONERS
-;.•N• COLLIER COUNTY, FLJRIDA
ATTEST; BY: ( %.LG
1 JAMES'CILES, CLERK
,r ,•' ARNOLD LEE GLASS,CHAIRMAN
./.'•
*: ,A ,
pproved as to;form and legal '.!` '
2 •sufficiency: at nts
'�
4; Kenneth B. Cuyler
,. 16 A ' County Attorney
Ins'<. .
A
RES. FDPO-87-8C • r ,,
s i
Vit , ...� , (,� � r H .
I7 4y i •, :Lii; r y