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Resolution 1989-107 APRIL 25, 1989 RESOLUTION NO. 89- ~7 RELATING TO PETITION FDPO-89-2 FOR A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUIRED BY THE FLOOD DAMAGE PREVENTION ORDINANCE (ORD. 87-80) WHEREAS, the petitioner Aram Magarian desires to build a single-family home at 2237 River Reach Drive (Lot 78, River Reach SUbdivision) and has requested a variance from the Minimum Base Flood Elevation required by Ord. No. 87-80/ and WHEREAS, the Board ot Zoning Appeals hlS held a pUblic hearing as required by law; has reviewed Pe~ition FDPO-89-2 in accordance with Section 18(5), (6) and (7), and has made a finding that the granting of this petition complies with the intent and purpose of Ordinance 87-80 as tollows: (5) The 0.23 foot reduction 1tQm the Flood Insurance Rate Map (FIRM) 8.00' National Geodetio Vertical Datum (NGVD) requirement tQ 7.77' NGVD is the.minimum variance ne~essary, considering the tlood 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 excsptional hardship to the applicant. (c) A determination that the granting ot a variance will not result in increased flood heights, additional threats to public safety, 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 ot Zoning Appeals has considered all technical evaluations provided to it, all relevant factors, the standards {) ~ /1- If. I /0 ,-1 ., ..." ......,) /',' ';'''-''';'' i'-i~,,_'."; :.c,."~ APRIL 25, 1989 specified in Ordinance No. 87-80, espscially those contained in Paragraph 18 (7) (a-n). NOW, THEREFORE, BE IT ~SOLVED BY THE BOARD OF ZONING APPEALS, that Petition FDPO-89-2 is hereby granted subject to the tollowing conditions: 1. The variance shall be tor the reduction of the Minimum Base Flood Elevation required by Ordinance No. 87-80 1tQm 8 feet NGVD tQ 7.77 feet NGVD. 2. The Chief Administrative Official shall mail a copy ot this Resolution to the petitioner by r.~istered return receipt and such mailing shall constitute compliance with section 18, paragraph (10) of Ord. No. 87-80 which reads as follows: "Any applicant, to whom a variancu is granted, shall be given written notice thaI: when a structure is permitted to be buil~ with the lowest floor elevation below the base flood elevation, the cost 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. Further, the granting of this variance shall not create liability on the part ot Collier County or by any office or employee thereof for any flood damages that result trom reliance on this variance or any administrative decision lawfully made thereunder. In accepting this variance, the petitioner assumes all responsibility for any property damage resulting from its application. 2 ~ A A-.. ...... .. ~ ~,;;;.: q; , ~ ';~{l ~..; I" !!,... ~' ~. \'; ,~ ;.1 l~,' 1.,.,-,' t ~~ . ". 'Ii~, .. ,;: Aye Aye Aye Aye Aye APRIL 25, 1989 vote as follows: This Resolution adopted after motion, second and roll call Commissionsr commissioner commissioner commissioner commissioner Shanahan Goodnight Volpe Hasse Saunders DATED: Ap,..n? ~ , QRQ ATTEST) t'/ .. .,<JAMES C. GILES, Clerk ... .'. .'1' 'J- ;A. ~___:~/ r 0r :~,r-,,,~I~ ,. . " ,#~ ~ . ........ /~pproved as~to torm and 18,'1fl ~'l~~t;1t:iency: FDPO-89-2 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY, FLORIDA BY~~ BURT L. SA~NDERS, Chairman ::~." ~, "1 ;~: .~ . ~.t. ,i ";fi' ."# '. 'i. '11~ :f;; l~: ,~ ~:~i ""J 'i":~ . .'1 '~.f) J,''. .9~ /1- ;{,3 3 ('1-