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Resolution 1989-033 RESOLUTION NO. 89- ~ RBltOARY U, RELATING TO PETITION FDPO-89-1 FOR A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORD. 87-80) WHEREAS, the petitioner Irma Rivera desires to build a single-family home at 265 Porter Street (Lots 17 & 18, Block 3, Trail Acres Unit 3) and has requested a variance from the 'Minimum Base Flood Elevation required by Ord. No. 87-80; and WHEREAS, the Board of Zoning Appeals has held a public hearing as required by law; has reviewed Petition FDPO-89-1 in accordance with Section 18(5), (6) and (7), and has made a finding that the granting of this petition cO',.plies with the intent and purpose of ordinance 87-80 as follows: (5) The 0.82 foot reduction ~ the Flood Insurance Rate Map (FIRM) 8.00' National Geodetic Vertical Datum (NGVD) requirement 12 7.18' NGVD is the minimum variance necessary, considering 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 determination 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 ot the pUblic, or conflict with existing local laws or ordinances. (7) In passing upon this variance, th? B~~rd of Zoning Appeals has considered all technical evaluations provided to it, all relevant factors, the standards O~d~-A. / lUll d( "~""-'~""~'._.~..._~,~_.~._-~._....__.~. .- -"._-_..-..~-~,--- RBItOARY 14, 111811 specified in Ordinance No. 87-80, evpecially those contained in Paragraph 18 (7) (a-m). NOW, THEREFORE, BE IT RESOLVED BY THE BOARD OF ZONING APPEALS, that Petition FDPO-89-1 is hereby granted subject to the following conditions: 1. The variance shall be for the reduction of the Minimum Base Flood Elevation required by Ordinanl;e No. 87-80 WlIl 8.00 feet NGVD 12 7.18 feet NGVD. 2. The Chief Administrative Official shall "ail a copy of this Resolution to the petitioner by registered return receipt and such mailing shall constitute compliance with Section 18, paragraph (10) of Ord. No. 8~-80 which reads as follows: "Any applicant, to whom a variance is granted, shall be given written notice that when a structure is permitted to be built with the lowest floor elevation below the base flood elevation, the c~st of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation." 3. The. granting of this variance has been predicated principally on the engineering data and information provided by the petitioner and a review of same with respect to the considerations required by Ord. No. 87-80. 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. FOrther, the granting of this variance sha~l not create liability on the part of Collier County or by an~ office 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 fissumes all responsibility for any property damage resulting from its application. ~a~a~-t9. a tju RBItoAKY 14, 111811 This Resolution adopted after motion, senond and roll call vote as follows: commissioner Shanahan 110tioned and aye Commissioner Volpe ,Seconded and aye Commissioner Hasse Aye Commissioner Goodnight Absent and no c vo ting Commissioner Saunders Aye DATED: February 14. 1989 ATTEST JAMES, .C', GILES, Clerk , .1'" "Jr: .~::~';/;'" ~ ".~ - , . . .". . , ..... . ' BOARD OF COUNTY COMMISSIONERS C~TY' FLORIDA By .~ URT L. SAUNOERS, Chairman Approved as=to form and , legal sUffilliency: '. ~ ~ ~~r:.'" ctrLE~ County Attorney > -. FDPOS 9lRES Pa-p~~-/f..3 3 L/'I