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Resolution 1985-175 Auguat 20. 1985 a* 088n'l464 RESOLUTION 85 - ~ RELATING TO PETITION FDPO-8S-V-4 FOR A VARIANCE FROM THE MINIMUM BASE FLOOD ELEVATION REQUI1lED BY THE FLOoD DAMAGE PREVENTION ORDINANCE (ORD. NO. 79-62). WIIEllEAS. the petitioner Ilene Stanley desires to build a single faally home at 5437 Hardee Street (Lot 27. Block 13. Naple. Manor Addition Subdivision) and has requested a variance from the Minimum Base Flood Elevation required by the Ord. No. 79-62; and; WHEREAS, the Board of Zoning Appeals has held a public hearing aa re- quired by law; has reviewed Petition FDPO-85-V-4 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 Ord..79-62 a. follow.: (5) The 0.38 foot reduction ~ the Flood Insurance Rate Map (FIRM) 9.0' National Geodelic Vertical Datum (NGVD) requirement ~ 8.62' NGVD is the minimum variance necessary. considering the flood hazard, to afford relief, as the adjoining home on the west is at an elevation of approximately 8' NGVD, and the adjoining home on the east is at 8.5' NGVD, the requested variance will put the elevation of the petitioner's home at approximately the same elevation. (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 threat. to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with exiating local laws or ordinances. (7) In passing upon this variance, the Board of Zoning Appeale has considered all technical evaluations provided to it, all relevant factors, the standards specified in Ordinance No. 79-62. especially those contained in Paragraph 18 (7)(a-m). NOW, THEREFORE, BE IT RESOLVED by the Board of Zoning Appeale, that Petition FDPO-85-V-4 is hereby granted subject to the following conditional 1. The variance .hall b. for the reduction of the Minimum Baae Flood Ele- vation required by Ord. No. 79-62 ~ 9.0 feet NGVD ~ 8.62 feet NGVD. 2. The Chief Administrative Official shall mail a copy of thi. Resolution to the petitioner by registered return receipt and such mai11ng ahall constitute compliance with Section 18, Paragraph (0) of Ord No. 79-62 which reads a. follows: "Any applicant. to whom a variance 1. aranted, shall b. given written notice that when a -=:I - .. - .-..... .... August 2Q, ~985 atructure 18 para1tted to be built with tbe loveat floor elevation below the ba.. flood elevation, the coat. of flood i~urance vill be c~o.urate with ebe incra.~ed ri.k-reaulein. froa,tbe reduced 1~.t 'floorelevatiOD." 1: . ; . 1'~4 '. The aranting of this vadance baa been predicated principally Oft tbe , '''..:'..,'., enaineerina data and inforaation provided by the petitioner and,& revi..' of .... vith respect to tbe c~ideration. required by tbe Ord. NO"6~' 79-62. The granting of thia variance by the Board of Zoning Appeal. not make or imply any aaaurances that the aubject property or structure.., are not subject to flood damages. Further. the grant ins of thi. variance .hall not create liability on 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 adminis- trative decision lawfully made thereunder. In accepting this variance, the petitioner assumes all responsibil- ity for any property dAmage resulting from its application. Commissioner Pistor motioned, seconded by Commissioner Goodnight for the adoption of this Resolution. Upon call for the vote, the motion carried. 3. DATE: August 20, 1985 BOARD OF COUNTY COMMISSIONERS COLLIER COUNTY. FLORIDA ~:.'~Ui\(~a ~ ~~.. ..........u.(:t .:-"...mST: ."."., t!., ,', '4t' .m.i.IAK'J: ,~~ . ", C'? ..' . .- b' ~ . ~ .: :. ..' . --c ~ :. :.: ~1~. : - . .1" .~ ", .'\.).,.,J.:.;;...... .<..': ',." 'l'r"....l. ,0 r ',' 0' Ai~r~T.;\.',~\ .~ff1c1ency: BY: W~ I~ FREDtY'C{~SS. CHAIRMAN ~..~~d. L.rt... ""SIf: Collier County Att~ey TKcD/.gc!MON-114 Planning Dept. 7-18-85 '00l( OBB P,\(;t 465