Resolution 1982-084 RESOLUTION 8 2 - 84
• RELATING TO PETITION FDPO 82-V-4 FOR
A VARIANCE FROM THE MINIMUM BASE FLOOD
ELEVATION REQUIRED BY THE FLOOD '.
DAMAGE PREVENTION ORDINANCE (ORD. NO.
79-62).
WHEREAS, the petitioner Kenneth P. Overpeck desires to build a
single family home at 3148 Collee Court (Lot 10, Haldeman Canal
Homesites, an unrecorded subdivision) and has requested a variance
from the Minimum Base Flood Elevation required by the Ord. No 79-62;
and, •
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WHEREAS, the Board of Zoning Appeals has held a public hearing
as required by law; has reviewed Petition FDPO-82-4-V 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 as follows:
(5) The 2.96 feet reduction from the Flood Insurance
Rate Map (FIRM) 10' National Geodetic Vertical Datum (NGVD)
requirement to 7.04' NGVD is the minimum variance neces-
sary, considering the flood hazard, to afford relief, as the
adjoining home on the east is at an elevation of approximately
6,18 NGVD and the adjoining home on the west is at an
elevation of approximately 5.88' NGVD. The requested vari-
ance will put the elevation of the petitioner's home approxi-
mately 1' above them.
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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 in exceptional hardship to the applicant,
(c) A determination that the granting of a variance will not
t result in increased flood heights, additional threats to
public safety, extraordinary public expense, create
• •,`• nuisances, cause fraud on or victimization of the public,
F ' or conflict with existing local laws or ordinances,
(7) In passing upon this variance, the Board of Zoning Appeals
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 Appeals,
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that Petition FDPO 82-V-4 is hereby granted subject to the following
conditions:
1. The variance shall be for the reduction of the Minimum Base Flood
Elevation required by Ord. No 79-62 from 10.0 feet NGVD to 7.04
feet NGVD.
2. The Chief Administrative Official shall mail a copy of this Resolu-
tion to the petitioner by registered return receipt and such mailing
shall constitute compliance with Section 18, Paragraph (10) of
Ord. No. 79-62 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 habitable floor elevation below the
base flood elevation, the cost of flood insur-
ance will be commensurate with the increased
risk resulting from the reduced lowest habitable
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 the Ord. No. 79-62.
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 liabil-
ity on the part of Collier County or by any officer or employee
thereof for any flood damages that result from reliance on this
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variance or any administrative decision lawfully made thereunder.
In accepting this variance, the petitioner assumes all respon-
sibility for any property damage resulting from its application.
Commissioner Pistor motioned, seconded by Commissioner
Kt-use for the adoption of this Resolution. Upon call for
the vote, the motion carried.
BOARD OF COUNTY COMMISSIONERS
DATE: July 13, 1982 COLLIER COUNTY, FLORIDA
ATTEST 1.• ' �
BY:
WILLIA J •EAGA CLERK , CHAIRMAN
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Planning Dept.
00770008 In? SA.. Al iO: ':; 000981 001524
` , COLLIER COUNTY RECORDED OR DOORR �. PAGE .
NOTICE OF VARIANCE TO FLOOD •
DAMAGE PREVENTION ORDINANCE
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5.00 Notice is hereby given that the Collier County Board of County Commis-
' sioners did this 13th day of July, 1982, grant to:
Kenneth P. Overpeck
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a variance to the Flood Damage Prevention Ordinance (County Ordinance •
1 No. 79-62).
The property on which this variance was granted is located at: 3148
Collee Court, further described as Lot 10, Haldeman Canal Homesites. .
NOTE: The granting of this variance will result in higher flood
insurance rates for this property.
. By: -
Planning Director
WITNESS MY HAND AND SEAL thist ffl. day of —w.Lc , 1982.
`' '� Notary Pub ilic
(Sfi A i,) notary pub&. State of Florida
,
My Cortiwission Expires: Mr_ es 5. nu
TMcD/na/65-B
7/28/82
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COLLIER
COUNTT FLORIDA
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