Resolution 1988-145 4 ,.
:,OOK 115 Gt 70
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�: '�+4 RESOLUTION 88 - 145 f f-
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5 .!•!. RELATING TO PETITION FDPO-88-2 FOR A VARIANCE t
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+' FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED
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1 BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORD.
' 87-80).
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WHEREAS, the petitioner Barclay Building Corporation desires to build a
public swimming pool bath at 10684 Gulf Shore Drive (Lots 1 and 2, Block B,
IP Unit 2, Baker Carroll Point Subdivision) and has requested a variance from
the Minimum Base Flood Elevation required by:the Ord. No. 87-80; and,
WHEREAS, the Board of Zoning Appeals has held a public hearing as required
1 by law; has reviewed Petition FDPO-88-2 in accordance with Section
a 18 (5), (6) and (7) , and has made a finding that the granting of this petition
complies with the intent and purpose of Ord. 87-80 as follows: r
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(5) The 4.5 foot reduction from the Flood Insurance Rate
Map (FIRM) 13 foot National Geodetic Vertical Datum
(NGVD) requirement to 8.5 feet NGVD is the minimum
variance necessary, considering the flood hazard, to afford relief.
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' . (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
4, in exceptional hardship to the applicant.
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(c) A determination that the granting of a variance will not result
t in increased flood heights, additional threats to public safety,
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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
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considered all technical evaluations provided to it, all relevant
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factors, the standards specified in Ordinance No. 87-80, especially
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those contained in Paragraph 18 (7) (a-1).
NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeals, that Petition
/, FDPO-88-2 is hereby granted subject to the following conditions:
1. The variance shall be for the reduction of the Minimum Base Flood
e Elevation required by Ordinance No. 87-80 from13 feet NGVD to 8.5 feet .!!
NGVD.
r_” 2. The Chief Administrative Official shall mail a copy of this Resolution to
r the petitioner by registered return receipt and such mailing shall
tt ', constitute compliance with Section 18, Paragraph (10) of Ord. No. 87-80
i, which reads as follows: . ". "r
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` "Any applicant, to whom a variance is granted, shall be given lc
' i 7s "~ written notice that when a structure is permitted to be built ,
`+ with the lowest floor elevation below the base flood elevation,
', ei the cost of flood insurance will be commensurate with the
r'1°,? increased risk resulting from the reduced lowest floor
r 4' ,'e elevation."
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, Z /,' 3. The granting of this variance has been predicated principally on the
engineering data and information provided by the petitioner and a review
I Z .' of same with respect to the considerations required by the Ord. No. 87-80.
,i, The granting of this variance by the Board of Zoning Appeals does not
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make or imply any assurances that the subject property or structures are
not subject to flood damages.
kYr'; . Further, the granting of this variance shall not create liability on
4 , 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. •
{4 ° In accepting this variance, the petitioner assumes all responsibility
for any property damage resulting from its application.
°''w+. ' This Resolution adopted after motion, second and roll call vote as
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.-66i follows:
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COMMISSIONER Saunders Motioned and aye
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COMMISSIONER Goodnight Seconded and aye
, i COMMISSIONER Pistor Aye
c , COMMISSIONER Hasse Aye
" COMMISSIONER Glass Aye
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DATE: June 14, 1988 BOARD OF COUNTY COMMISSIONERS °^
*XtvCOLLIER COUNTY, FLORIDA
.�x 14,',,f; ATTEST:>j, BY: W� .ft '
aJANCS, GILES, C.ERK , CHAIRMANy
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y. �. 1 .L — 2 ••�• 1. , fir, f ++ iAV,A�i}� . ir. �r
„w� 'approved>.as to form and legal
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dr,wt::,:,-;,,'
;. „' leo' Kenneth B. Cuyler ' " Y
K } 1f -w , County Attorney 'y, ,4. 444,'.
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a ** r:. FDPO-88-2 RESOLUTION
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