Resolution 1996-193
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RESOLUTION NO. 96 193
RELATING TO PETITION FOPO-96-1 FOR A
VARIA..'lCE FROM THE MINIMUM BASE FLOOO
ELEVATION REQUIRED BY THE fLOOD DAMAGE
"REVENTION ORDINAIICE (ORDINANCE 110.
87-80) AS INCORPORATED BY REFERENCE INTO
THE COLLIER COUNTY LAND DEVELOPMENT CODE
(ORDINANCE NO. 91-102).
WHEREAS, the Petitioners, Ed and Sharon Dwyer, desire to
allow their ~xiBting sj.ngle faoily home to remain as
constructed, locat~d at 16e Cyrus street, Marco Island,
Collie~ County, Florida upon property more particularily
dASCribed dB sot forth in Ex}tibit "A" vhich is attached
bltreto and Incorporatl.}o(j by reference herlPini -l'Ind
~, s.ai..1 Rin<Jle (Ul11y ~ ha" bean constructed at
an .leva.tion ot 9.16 te<<t (JlJGVO). thus ~"sitating .QI
request r~r a varia~ frOB the aini.ua base flood elevation
ot 10 t_t (1IJCVtl) r"'JUir<Od by OrdtrnlIlOO II\mlx>r 87-80, as
Lnoorparat~ by ret~r~nc0 into the Collier County Land
.Development Cod'! (Ordinance Ho. 91-10'-); and
WHEREAS, the Board of Zoning Appeals has held a public
h~Aring as requir9d by law; has reviewed Petition FDPO-96-1
in accordance with Subsections 18(5), (6) and (7), Ordinance
NU~r 87-80, as incorporated by reference into the Collier
County Land Development Code (Ordinance :~o. 91-102) and has
made a finding that the grantj.ng of this petition complies
'With the intent and purposf~ n[ Ordinance Nunbp.r 87-80 as
f0110...s:
(l) The 0.84 foot reduc~ion ~ID the Flood Insurance
Rate ?i{.:lP (FIR!{) 10 foot National Geodetic Vertical
Datum (r~GVD) requiremp.nt 1.9 9.16 feet National
Geodetic Vertical Datum (NGVD) is the minimum
variance ncc~s5ary, considering the flood hazard,
to afford relief.
(2) In passing upon tllis variance, the Board of Zoning
Appeals has considered all technical evaluations
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provided to it, all relevant factors, the standards
specified in Ordinance No. 87-80, especially those
contained in Subsections i8 (7) (a-n).
NOW, THEREFORE, BE IT RESOLVED BY THE BOhRD OF ZONING
APPEALS Of COLLIER COUNTY, fln~IDA, that:
Petition No. FDPO-96-1 is hereby granted subject to the
follo~ing conditions:
1. The variance shall be for the reduction of the Minimum
Bane Flood Elevation required by Ordinance No. 87-80
Lr2m 10 feet NGVD ~ 9.16 feet NGVD.
2. !ne Chief AdminiAtrative Official shall mail a copy of
this Resolution to the Petitioner by certified mail
return receipt requested and such mailing shall
conntitute compliance with Section 18, (10) of Ordinance
No. 87-80.
3. 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 BUbject to flood
damage.
4. The granting of this variance shall not create liability
on the part of Collier County or by any officer or
employee thereof for any flood damage that results from
reliance on this variance or any administrative decision
lawfully made thereunder.
5. Upon the petition fo~ and granting of this varianc~, the
petitioners assume any and all liability, including any
and all damage to the subject structure or structures
that result from its application.
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 Ordinance No. 87-80.
BE IT RESOLVED that this Resolution relating to Petition
Number FDPO-96-1 be recorded in the minutes of this Board.
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Commissioner
Mac'Kie
Resolution and moved for its adoption, seconded by
and upon roll call the vote
Commissioner ~pcock
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offered the foregoing
was: Commissioner Mac I Kie, Commissioner Han-::ock, Corr,missioner
Commissionec Matthews, and Commissioner Norris
AYES:
NAYS:
ABSENT !\NO NOT VOTING:
ABSTENTION:
Done This
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day of
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, 1996.
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.-, ATTEST
DWIGHT E. BROCK, Clerk
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APPROVED' 1.S TC FORM AND
LEGAL SUFFICIENCY:
1Iir' ~^^-LIn ~c.bd:
OEM. STUD!:N1'
ASSISTANT COUNTY ATTOm,EY
FDPO RESOLUTION/16664
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LEGAL DESCRIPTION
Lot 13, BloCK 788, Marco Beach unit 25 Replat, as recorded in
Plat BOOK 12, paq.. 86-89, of the Public Records of Collier
county, Florida.
FDPO-96-1
EXHIBIT "A"
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97 FEB - 7 AM 10: 29
Matjorie M. Student, Esq.
County Attorney's Office
Administrative Buildi.ng
3301 &st Tsmiami TI1li\
Naples, Florida 33962
Dear M.s. Student:
Please be advised that we accept the variance (petition FDPO-96-1), granted on April 9,
1996, for a .84 foot reduction from the requiTed 10 (tel N&tional Geodetic Vertical Datum
(NGVD) to 9.16 feet pursuant to Resolution No. 96-193. In so doing, we agree to re1e!.5e,
iMemnify and hold harmless Collier County from any and all liability including any insurance
matt=, damages to or claims affecting any and all structures which are the subject of the above-
referenced variliIl{,.e.
D-O
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Edwar~ )
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STATE OF FLORIDA
COUNTY OF COLLIER
BEFORE ME, the undersigned, authority r=onally appeared EDWARD DWYER and
SHARON DWYER, who life r=onally known to me 8< Jl". 'o1d _
* N. ;rl-hl:_di9R, and executed the &x>ve of their own free
"ill.
SWORN Al'<'D SUBSCRIBED on this
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1996.
_ day of ,kLuUd.,t
My Commission Expires:
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No~ ;>..hlV- State of Florida
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