Resolution 1988-123 DA
MAY 24, 1988
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RESOLUTION 88 - 123 lk '
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RELATING TO PETITION FDPO-88-1 FOR A VARIANCE
FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED III
BY THE FLOOD DAMAGE IREVENTION ORDINANCE (ORD. .
87-80).
•
J j WHEREAS, the petitioner Ronto Development desires to build a public (.,,
swimming pool bath on land located north of Hideaway Beach known as the )1
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unrecorded Royal Marco Point Subdivision and described as follows: From the
1.
r• South } corner of Section 6, Township 52S, Range 26 E, N 20° 16' 23" E-2389.57'
to the Point of Beginning. Thence, N 60° 29' 11" E-320.71', N 14° 7'33"
W-424.93', S52° 45' 48" W-438.74', S 29° 43' 40" E-350.87 to the P.O.B. and has
Ar C :.-f, requested a variance from the Minimum Base Flood Elevation required by the Ord.
}�' " No. 87-80; and, c
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i� ti �'" WHEREAS, the Board of Zoning Appeals has held a public hearing as required
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by law; has reviewed' Petition FDPO-88-1 in accordance with Section 18 (5), (6)
"1 y rt and (7), and has made a finding that the granting of this petition complies
11 �' . with the intent and purpose of Ord. 87-80 as follows: '
.,4,420110,1* ' (5) The 6.5 foot reduction from the Flood Insurance Rate Map (FIRM) 13
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i ,� +s�F� National Geodetic Vertical Datum (NGVD) requirement to 6.5 NGVD is t-
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��', 4 •• the minimum variance necessary, considering the flood hazard, to
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'4 1 f afford relief,
� (6) The variance is issued upon:
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k# �� '� ' (a) A showing of good and sufficient cause based on review of
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lit:c�!��a .. considerations contained in (7), following.
ireWliTs b A determination that failure to grant the variance would result
5T 1 �q�y vin exceptional hardship to the applicant.A,44„41 eCs
,” rq �k (c) A determination that the granting of a variance will not result
f,'�s l4z ,• in increased flood heights, additional threats to public safety,
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, , w ' extraordinary public expense, create nuisances, cause fraud on
t f >: or victimization of the public, or conflict with existing local
laws or ordinances.
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i; (7) In passing upon this variance, the Board of Zoning Appeals has
=t:;,; considered all technical evaluations provided to it, all relevant
t'"' factors, the standards specified in Ordinance No. 87-80, especially
4those contained in Paragraph 18 (7) (a-1).
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition ,
FDPO-88-1 is hereby granted subject to the following conditions:
', 1. The variance shall be for the reduction of the Minimum Base Flood
V Elevation required by Ordinance No. 87-80 from 13 feet NGVD to 6.5 feet
NGVD.
2. The Chief Administrative Official shall mail a copy of this Resolution to
3 the petitioner by registered return receipt and such mailing shall ,>.
,, . constitute compliance with Section 18, Paragraph (10) of Ord. No. 87-80
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which reads as follows:
41160110 I UMW
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MW 24, 1988 .i� ,
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A .;s ten ,,,, "Any applicant, to whom a variance is granted, shall be given
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A ,f � written notice that when a structure is permitted to be built *v �+t
, a }a',d•.
y}µ �_ - �
e4. with the lowest floor elevation below the base flood elevation, ,, s:
�a �„k {�} the cost of flood insurance will be commensurate with the
`rtr �, increased risk resulting from the reduced lowest floor x��sF;
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R'�. Y " /Sj r, *.
1,�#: elevation.
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A •4 3. The granting of this varianc has been predicated principally on the „ ‘i,.1'' }rp,,
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k' �y engineering data and information provided by the petitioner and a review v �{
> ,, ,,-.,� '`{3�'yl of same with respect to the considerations required by the Ord. No. 87-80. t�° 1 .
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�' r V The granting of this variance by the Board of Zoning Appeals does notito r+
'� {{, make or imply any assurances that the subject property or structures are �I r•IA:
. . not subject to flood damages. A^, '1.4
' ' Further, the granting of this variance shall not create liability on ro ';.
14 • .r the part of Collier County or by any officer or employee thereof for any t •
�+�," r§' flood damages that result from reliance on this variance or any • z'
�r=.4r,�tiwya lC administrative decision lawfully made -thereunder.
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h ''P* .4' In accepting this variance, the petitioner assumes all responsibility
'
., i �, s, for any property damage resulting from its application.
T, F".. This Resolution adopted after motion, second and roll call vote as
follows:
4'' ki ;' COMMISSIONER Saunders Motioned and aye
"-ikr”"d ', ; COMMISSIONER Hasse Seconded and aye
r"4"P COMMISSIONER Pistor Aye •
Y
p .. COMMISSIONER Goodnight Aye
,-'' - , . , } " COMMISSIONER Glass Aye .
•
IA
+Wa A" r g
i } ` t DATE: May 24, 1988 BOARD OF COUNTY COMMISSIONERS
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, �.,�;, �, ' COLLIER COUNTY, FLORIDA
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�7stY ed ! &M - V it
'
+a; ' ATTEST:., BY: s
'p�*� ,, - JAMES`OILI5, CLERK ARNOLD LEE GLASS, CHAIRMAN y,
ta 'Le o, ' h„ By=��c�s-:--✓,/4�s-Gv �=P
,4 At; ' • Virginj,� Magri, Deputy Clerk t <
, t ; '' '.Approved as to form and legal
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MAY 24, 1988 •
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jn aoa,c 114 PAc:297 ;
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'� Legal Description: From the South } corner of Section 6, Township 52S,
I ?II„ Range 26 E, N 20° 16' 23" E-2389.57' to the Point of Beginning. Thence, N
'F 60° 29' 11" E-320.71', N 14° 7'33" W-424.93', S52° 46' 48" W-438,74", S •
' ,;. 29° 43' 40" E-350.87' to the P.O.B.
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