Item G5
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16. 2008
Division:
Growth Management
Bulk Item: Y es ~
No
Department: Building
Staff Contact Person: Dianne Bair, CFM
AGENDA ITEM WORDING:
Approval ofa request by Key West Harbor Development, LLC for a floodplain variance to section 9.5-
317(2)b. in order to construct 3 detached boat storage buildings, 106,938 SF, 27,500 SF & 10,148 SF,
(total 144, 576 square feet) below base flood elevation at Lots 5-7 Square 61 Maloney Subdivision,
Stock Island, FL RE# 00127470.000000 and 00127480.000000.
ITEM BACKGROUND:
Enclosed storage and parking areas below base flood elevation for non-residential uses are limited to
300 square feet. A variance to the size limitation may be approved provided the construction is
consistent with the Federal standards and criteria for Floodplain Management as set forth in section
9.5-317(b)(I)d.(i) through (ix). The storage barns will be located in AE 9' and AE 10' flood zones with
grade elevations ranging from 3' to 3.5' MSL. The finished floor elevations will be 5' MSL. The walls
of the bams will be vented with and will meet all other criteria set forth in 9 .5-3179b)(1 )d(i) through
(ix). This variance does not authorize the storage of boats or other items below base flood elevation
that do not meet the definition oflimited storage contained in 9.5-316.2(f).
PREVIOUS REVELANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval
TOTAL COST: -0-
BUDGETED: Yes No -0-
COST TO COUNTY: -0-
SOURCE OF FUNDS: -0-
REVENUE PRODUCING: Yes
No X
AMOUNTPERMONTH_ Year
APPROVED BY: County Atty N/A
OMB/Purchasing N/ A
Risk Management _ N/ A_
DOCUMENTATION:
Included
X
Not Required_
DISPOSITION:
AGENDA ITEM #
Page 1 of9
County of Monroe
Growth Management Division
Office of the Director
2798 Overseas Highway
Suite #400
Marathon, FL 33050
Voice: (305) 289-2517
FAX: (305) 289-2854
......,
Board of County Commissioners
Mayor Mario Di Gennaro, Dist. 4
Mayor Pro Tern Dixie Spehar, Dist. 1
George Neugent, Dist. 2
Charles "Sonny" McCoy, Dist. 3
Sylvia Murphy, Dist. 5
(jt:: ,tl
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We strive to be caring, professional and fair
FLOOD V ARIANCE REQUEST
KEY WEST HARBOR
DEVELOPMENT, LLC
BOCC JANUARY 16, 2008
TABLE OF CONTENTS:
Part a:
Staff Report
Letters of Notification
Part b:
Flood Variance Application
Site Plan
Building Detail
Photos
Affidavit to be filed with Clerk of Court
Part c:
Receipt
Page 6 of9
Part a:
STAFF REPORT
LETTERS OF NOTIFICATION
Page 70f9
MEMORANDUM
MONROE COUNTY PLANNING DEPARTMENT
We strive to be caringl professional and fair
To:
Andrew O. Trivettel Directorl Growth Management Division
From:
Dianne Bair CFM1 Special Projects Administrator
Date:
December21/2007
RE:
Flood Variance request for a 3 detached boat storage buildings, 106,938 SF, 27,500 SF
& 10,148 SF, (total 144, 576 square feet) below base flood elevation
VARIANCE REQUEST:
As provided for in Article VII, Division 6 Variances to the floodplain management requirements,
Section 9-5-318 of the Momoe County Code, Key West Harbor Development LLC is requesting a
variance to the size limitation for buildings located below base flood elevation in order to construct
three detached boat storage buildings. Enclosed storage areas below base flood elevation for non-
residential uses are limited to 300 square feet. A variance to the size limitation may be approved
provided the construction is consistent with the Federal standards and criteria for Floodplain
Management as set forth in section 9.5-317(b )(1 )d.(i) through (ix). The storage barns will be located in
AE 9' and AE 10' flood zones with grade elevations ranging from 3' to 3.5' MSL. The finished floor
elevations will be 5' MSL. The walls of the bams will be vented with a net opening of 1 square inch
for every square foot of enclosed space and the structures will meet all other criteria set forth in 9.5-
3179b )(1 )d(i) through (ix). This variance does not authorize the storage of boats or other items below
base flood elevation that do not meet the definition oflimited storage contained in 9.5-316.2(f).
BASIS OF REQUEST:
Key West Harbor Development, LLC is requesting a variance to the 300 square foot size limitation in
order to construct grade level boat storage which is an appropriate and historic use of the sits. Other
alternatives would be to flood-proof the buildings, but this not traditionally done with boat storage.
There will be no items stored that would be subject to flood damage. The variance is to the building
size and not the building use.
STAFF REVIEW OF VARIANCE REQUEST:
The National Flood Insurance variance criteria are based on the general principal of zoning law that
variances pertain to a piece of property and are not personal in nature. A properly issued variance is
granted for a parcel of property with physical characteristics so unusual that complying with the
ordinance would create an exceptional hardship to the applicant or the surrounding property owners.
Those characteristics must be unique to that property and not shared by adjacent parcels. The unique
characteristics must pertain to the land itself, not to the structure, its inhabitants, or the property
owners. While this request does not meet these criteria, it is not to the use, only to the size.
(1) In accordance with Section 9.5-318( c )(1) of the Momoe County Code variances shall be issued
only upon a determination that the variance is the minimum necessary, considering the flood hazard, to
afford relief, and only upon ALL the following conditions:
Page 2 of9
a. Showing of good and sufficient cause:
The applicant has demonstrated good and sufficient cause. The request is to the size of the structure
only. This is the minimum variance necessary in that it will comply with all other floodplain
management requirements. The structure will be restricted to storage of boats only as defined in
Section 9.5-316.2(f) and will meet the AE-zone venting requirements of Section 9.5-317(b)(I)d.(I11).
This is consistent with both the Federal standards and the requirements of the Monroe County
Floodplain Management Ordinance.
b. A determination that failure to grant the variance will result in
exceptional hardship to the applicant:
Failure to grant this variance will result in an exceptional hardship to this applicant in the fact that
variances to the size limitation contained in Section 9.5-317(2)(b) have previously been approved by
the Board of County Commissioners for other applicants. This variance is to the enclosure size only.
The proposal meets the intent and purpose set forth in Section 9.5-315 and conditions of 9.5-
317 (b)( 5)g. of the Monroe County Code.
c. A determination that granting the variance will not result in increased flood heights, additional
threats to public safety; extraordinary public expense; nuisance; fraud on or victimization of the
public, or conflict with other provisions of this chapter.
Properly engineered and vented walls will not cause damage to the building and will not increase flood
heights. Storage of boats will be the only use of the enclosed area. The boat racks will be at the
correct base flood elevation. As a result of these conditions granting this variance will not increase the
flood heights, or result in additional threats to public safety.
(2) THE FOLLOWING FACTORS SHALL BE RELEVANT IN GRANTING THE
VARIANCE:
a. Physical characteristics of construction;
The construction will be in compliance with all Federal standards set forth in 60.3 CFR, Florida
Building Codes and the venting and use standards set forth in the Monroe County floodplain
management standards Section 9.5-317. The use is boat storage only.
b. Whether it is possible to use the property by a conforming method of
construction;
The property could be flood-proofed. However, boat storage barns at ground level with proper
venting, is conforming except to the required size limitation. The size requirements are a prescriptive
measure to avoid future conflict with enforcement efforts and continued participation in the National
Flood Insurance Program. Boat storage does not leave area that would encourage a change of use.
Page 3 of9
c. The possibility that materials may be swept onto other lands to the injury of others;
A properly designed and constructed boat storage building with the boat racks being located at or
above the required base flood elevation will eliminate the possibility of materials being swept onto
other lands to the injury of others.
d. The danger to life and property due to flooding or erosion damage.
There will be no danger to life or property. The elevated building is properly anchored to resist
collapse, floatation and lateral movement. The business will be closed during a storm.
e. The susceptibility of the proposed facility and its contents to flood
damage and the effects of such damage on the individual owner;
The building itself will be constructed with materials and methods that will prevent flotation collapse
and lateral movement. The boats will not float off the racks, because the racks will be above base
flood.
f. The importance to the community of the services provided by the
proposed facility;
This property has historically been a marina with boat storage on grade. This variance will be
important to the community by allowing the storing the boats in a wind protected area and will be of
importance to the community by enhancing an up-grading the character of this working waterfront.
g. The necessity of the facility of a water dependent location where applicable;
The Marina is a water dependent facility.
h. The availability of alternative locations less subject to flooding;
All boat storage barns will be located in the AE zone, which is the best available flood zone for this
activity.
i. The compatibility of the proposed use with existing and anticipated development;
The construction is compatible with both existing commercial uses and anticipated commercial uses.
The area is known for working waterfront, commercial marinas, commercial fishing and boat storage.
j. The relationship of the proposed use to the comprehensive plan, land development
regulations and the floodplain management program for the area;
Boat storage on Stock Island is consistent with the goals, objectives and policies of the Monroe County
Year 2010 Comprehensive Plan.
k. The safety and access to the property for ordinary and emergency vehicles in times of
flooding;
Page 4 of9
Coastal floods are generated by hurricanes in Monroe County. In the event of flooding from hurricane
conditions, the property would not be accessible for emergency vehicles. However, this is true for the
entire County.
I. The expected heights, velocity, duration, rate of rise and sediment transport of the
floodwaters and the effects of wave action, if applicable, at the site;
There is a 1 % chance in any given year this site could experience flood waters reaching 10 (AE 10) feet
above mean sea level. The average ground elevation at this site is 3.3 MSL. This site could be
inundated with up to 6.7 feet of flood water. The velocity of the water would be that associated with
coastal AE wind driven water. The rate of rise and sediment transport is associated with riverine flood
conditions. However, debris impact and flood borne contaminants associated with coastal flooding
would be expected.
m. The cost of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities such as sewer,
gas, electrical and water systems and streets and bridges.
The building is not to be occupied during hurricane conditions and would not impose any more of a
cost for governmental services during or after the flood than any other property with an enclosed area
below the elevated building.
CONCLUSIONS:
In conclusion the staff has determined that the applicant meets the criteria for a variance established in
Section 9.5-318 of the Monroe County Code.
RECOMMENDATION:
Approve the variance request with the conditions that the building be properly vented, the storage racks
begin at the correct base flood elevation and the attached affidavit be filed with the Clerk of the Court.
Page 5 of9
County of Monroe
Growth Management Division
Office of the Director
2798 Overseas Highway
Suite #400
Marathon, FL 33050
Voice: (305) 289-2517
FAX: (305) 289-2854
Board of County Commissioners
Mayor Charles "Sonny" McCoy, Dist. 3
Mayor Pro Tern Mario Di Gennaro, Dist. 4
Dixie Spehar, Dist. I
George Neugent, Dist. 2
Sylvia Murphy, Dist. 5
We strive to be caring, professional and fair
December 21, 2007
Key West Harbor Development, LLC
c/o Trepanier & Associates, Inc.
PO Box 2155
Key West, Florida 33040-2155
RE:
Flood Variance Application for a total of 144,576 SF boat storage buildings. Bid #1
106,938, BId #227,500 and Bid #3 10,148, all below base flood elevation.
Dear Sir:
This is to inform you that your application for a flood variance has been scheduled to be heard before the
Board of County Commissioners on January 16, 2008. This meeting will be held at the Key West
Harvey Government Center BOCC Chambers beginning at 9:00 A.M.
We have made a recommendation of approval with conditions for your request. If you have any
questions, do not hesitate to contact this office 305) 289-2518.
Sincerely, r
~
Dianne Bair, CFM
Special Projects Administrator
Growth Management Division
Page 8 of9
Part b:
FLOOD VARIANCE APPLICATION
SITE PLAN
BillLDING DETAIL
PHOTOS
AFFIDAVIT TO BE FILED WITH CLERK OF COURT
APPLICATION FOR VARIANCE TO FLOOD HAZARD ORDINANCE
Submit to: Monroe County Building Department
$ 50.00 fee for filing of application
DATE: 10/2107
APPLICANT'S NAME: Kev West Harbor Develooment LLC PHONE: Ph (239)489-2969: Fax (239)489-2996
APPLICANT'S MAILING ADDRESS: 15051 Punta Rassa Road. Ft Mvers. FL 33908
NAME OF PERSON SUBMITTING APPLICATION: Treoanler & Associates. Inc.
MAILING ADDRESS OF ABOVE: P.O. Box 2155. Kev West. FL 33045-2155: Ph. 293-8983: Fax. 293-8748
PROPERTY DESCRIPTION: KEY: Stock Island LOT: 5-7 BLOCK: SQR. 61
SUBDIVISION: Malonev
STREET OR ROAD: Peninsular Avenue
EXPLAIN REQUEST FOR VARIANCE: (Drawings or photos if necessary): We reauest a flood elevation
variance to oennlt wet..proofed boat barns. laraer than 300 sa. ft.. to be built on arade and be wet
f1oodol'Oofed.
BRIEFLY EXPLAIN WHY YOU BELIEVE YOUR REQUEST SHOULD BE GRANTED: Grade level boat storace
Is an aoorooriate and historic use on this site. 9.5-317(b)(3)b allows such structures but limits them to a
maximum of 300 sa. ft.. unless the structures are drv-f1oodoroofed. Since we are oroDOsina boat storaae.
we seek to wet-f1oodOl'Oof the buildinas.
I/WE UNDERSTAND THAT FLOOD INSURANCE RATES FOR IMPROVEMENTS BELOW THE REQUIRED
ELEVATIONS WILL RESULT IN HIGH PREMINUM RATES.
~~~
DO NOT WRITE BELOW THIS LINE
TO BE COMPLETED BY ZONING DIRECTOR
PROPERTY INSPECTED BY
COMMENTS
DATE
SIGNATURE OF THE Assistant Building Official
PLEASE RETURN APPLICATION TO:
5. ALL EXISTING DRAINAGE IMPROVEMENTS SHALL BE REMOVED. INCLUDING STRUCTURE
FRENCH DRAINS, ETC.
6. ALL EXISTING UTILITIES INCLUDING. BUT NOT LIMITED TO. WATER. SEWER, GAS. pm
TELEPHONE SHALL BE TERMINATED AT PROPERTY LINE AND REMOVED WITHIN THE [
LIMITS. CONTRACTOR SHALL COORDINATE WITH EACH AFFECTED UTILITY COMPANY.
7. ALL DEMOLITION DEBRIS. EQUIPMENT AND APPURTENANCES SHALL BECOME THE PRe
THE CONTRACTOR AND DISPOSED OF OFF -SITE IN AN APPROVED MANNER. UNLESS
DESIGNATED BY THE OWNER.
PROJECT AREA
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VICINITY MAP
N.T.S.
JOHN A~ BODZIAK, A~lA~ ARCHffECT
October 24, 2007
Monroe County Building Department
2798 Overseas Hwy
Marathon, Florida 33050
Re: F.E.M.A. Review
Flow through Calculations
To Whom It May Concern:
I have verified that the boat storage building plans as submitted and approved for permit
do exceed the required flow through standard of a minimum of 1 square inch foot of floor
area. (See attached Detail)
The three buildings in question and their respective calculations are as follows:
REQUIRED
PROVIDED
Building #1
Building #2
Building #3
106,938 S.F.
27,500 S.F.
10,148 S.F.
106,928 S.L
27,500 S.L
10,148 S.L
120,345 S.L
52,684 S.L
26,726 S.L
These calculations are taken based on the actual net open area of the mesh and deducts the
door areas that do not have mesh.
I trust this will answer your question as to the flow through and please feel free to call on
me should you have any questions.
2527 CENTRAL AYENUE, ST. PETERSBURG, FLORIDA 33713
PHONE.: 727.327.1966 FAX: 727.327.1933
EMAIJ..: JACKBODZIAK@AOLCOM
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FLOOD VARIANCE AFFIDAVIT
STATE OF FLORlDA
COUNTY OF MONROE
BEFORE ME, the undersigned authority personally appeared:
who, being by me first duly sworn, deposes and says:
1) That affiant(s) is/are the owner(s) in fee simple and haslhave possession
(except for tenants) of that certain real property, situate, lying and being in Monroe County, State
of Florida, described as follows:
Key West Harbor Development, LLC
RE# 00127480-000000.00127480-000100
Legal Description:
Address:
Lots 5 -7, Square 61, Maloney Subdivision, Stock Island
6000 Peninsula Ave, Stock Island, Florida, 33040
2) That affiant(s) acknowledge(s) that the above described property is located in
an AE 9 and AE 10 flood zone.
3) That a variance to the Floodplain Management provisions of the Florida Keys
Comprehensive Plan and Land Development Regulations adopted by the Monroe County
Board of County Commissioners on February 28, 1986, and approved by the Administration
Commission of the State of Florida on July 29, 1986, has been approved for construction of
three boat storage buildings totaling 144,576 square feet of enclosed area below base flood
elevation on the above described property.
4) That the lowest floor of each building will be 4 to 5 feet below the base flood
elevation (AE 9 & AE 10) on the above described property.
5) Affiant(s) acknowledge(s) that the actuarial flood insurance rates increase as
the floor elevation decreases.
Authorized to sign for Key West Harbor Development, LLC
Subscribed and sworn to before me this_the day
2008
Notary Public in and for
County of
State of
Part c.
THE FLOOD VARIANCE APPLICATION FEE
Page 9 of9
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