Item I1BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: January 16, 2013 Division: Growth Management
Bulk Item: Yes _ No X Department: Building
Staff Contact Person: Mary Wingate, 289 -2866
AGENDA ITEM WORDING:
A request by Beth Kuhnke, for a floodplain variance from the required 11' elevation to 6 1/2' elevation
to finish floor, in order to allow an unpermitted, illegal ground level enclosure to be used as living area
at property located at 9 Aquamarine Drive Big Coppitt Key, RE #00155620.000000, currently a
violation of Chapter 122 The Monroe County Floodplain Management Ordinance.
ITEM BACKGROUND:
Under the Pilot Program (NFIP), the owner, Mrs. Kuhnke, received a flood insurance inspection which
revealed illegal improvements within the downstairs enclosure, 6.5' below the base flood elevation.
Enclosed areas below post -FIRM residential elevated structures located in Special Flood Hazard Areas
are restricted to limited storage, parking of vehicles and entry. The applicant is elderly and wishes her
family to be able to live in the enclosure and eventually she wants to live in it when she is unable to
climb her stairs. She also states the elevated portion of the house is too small to accommodate her large
family. It should be noted that even if this variance is granted, there would still be violations of Chapter
6- 100(a) Permits required, and 8-37, The 4 year bar to prosecution. After the fact permits would be
required.
PREVIOUS REVELANT BOCC ACTION:
None
CONTRACT /AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS: Based on the variance criteria in Chapter 122, staff recommends
denial.
TOTAL COST: -0- INDIRECT COST -0- BUDGETED: Yes No -0-
DIFFERENTIAL OF LOCAL PREFERENCE
COST TO COUNTY: -0- SOURCE OF FUNDS: -0-
REVENUE PRODUCING: Yes No X AMOUNT PER MONTH Year
APPROVED BY: County Atty N/A OMB /Purchasing N/A Risk Management N/A
DOCUMENTATION: Included X Not Required
DISPOSITION: AGENDA ITEM #
Table of Contents
Part a:
Staff Report
Letter of Notification
FEMA Guidelines for Local Variance and Appeal Boards
Letter from FEMA addressing Brown Variance approved by BOCC
9/10/10
Section 122 -5 Monroe County Floodplain Variance Code
Permit History Summary,, SFR permit documents,, 1978 Flood map
Floodplain Ordinance and amendment effective at time of initial
construction of SFR
CFR 60.6 Variances and Exceptions
Flood Insurance Inspection floor plan and subsequent letter
addressing corrections, colored photos of existing enclosure
Part b:
Flood Variance Application and Owner's drawing of existing floor plan
Current survey of property
Affidavit to be filed with Clerk of Court
Part c:
Receipt
Part a:
Staff Report
Letter of Notification
FEMA Guidelines for Local Variance and Appeal Boards
Letter from FEMA addressing Brown Variance approved by BOCC on
9/10/10
Section 122 -5 Monroe County Floodplain Variance Code
Permit History Summary, SFR permit d 1978 Flood map
Floodplain Ordinance and amendment effective at time of initial
construction of SFR
CFR 6 Variances and Exceptions
Flood Insurance Inspection floor plan and subsequent letter
addressing corrections, colored photos of existing enclosure
Staff Report
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MEMORANDUM
MONROE COUNTY PLANNING DEPARTMENT
We strive to he caring, professional and fair
To: Christine Hurley, Director, Growth Management Division
From: Townsley Schwab, Sr. Director of Planning and Environmental Resources,
Jerry Smith, Sr. Director Building Official, Floodplain Administrator
Through Mary Wingate, CFM, Senior Floodplain Coordinator
Date: November 2, 2013
RE: Flood Elevation Variance from 11' required elevation to 6.55' finished floor elevation to
allow owner to maintain illegal/ unpermitted structure to allow continued illegal
use of living areas within existing below base flood elevation enclosure in a VE
Flood Zone property located at 9 Aquamarine Drive, Big Coppitt Key, FL 33040,
RE# 00155620.000000
VARIANCE REQUEST:
The property owner, Beth Ann Kuhnke has submitted a request for a floodplain variance under
Monroe County Code 122 -5. If granted, the variance would allow Ms. Kuhnke to convert the use
of her unpermitted enclosure to habitable living space. The area enclosed below base flood
elevation shall only be permitted for storage, parking of vehicles and /or access to the elevated
house. Habitation of the below base flood elevation area is not permitted under Monroe County
Code Section 122- 4(a)(9).
BASIS OF REQUEST:
Beth Kuhnke is requesting a variance so that her daughter, who is currently Ms. Kuhnke's
caregiver, be allowed to inhabit the lower enclosure. The flood zone is VE with a base flood
elevation is 11', from the Flood Insurance Rate Map panel # 15 3 2K(Exhibit A) The finished floor
of the enclosure is 4 V2 feet below base elevation. This area has been converted to an apartment
without permits and approvals. The apartment contains electric below the base flood elevation,
furnishings, bathroom a kitchen and air conditioning. Ms. Kuhnke states in her request that she
assumes that she will be moving downstairs in the near future, due to her deteriorating health and
her advanced age. She states that the removal of the apartment would result in her losing the
house and having to relocate out of Monroe County, as her two daughters and three
grandchildren live with her and there is not enough room for all of them in the upstairs.
BACKGROUND:
This vacant lot was purchased by Beth Ann and Robert G. Kuhnke on 6/1/1978. On 9/14/1978
Mr. Kuhnke received a Monroe County Building Permit to construct a new single family
residence on the property, permit # A4144(Exhibit B). The approved plans for the construction
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48 are for an elevated residence on a column foundation. The Kuhnke's received a Certificate of
49 Occupancy for the single family home on 6 /5 /1979(Exhibit C), malting the house a postFIRM
50 structure, since the Monroe County Floodplain Ordinance indicates preFIRM structures as those
51 constructed before January 1, 1975. Monroe County Building Permit records indicate there were
52 no further permits issued to the Kuhnke's until 1998, when they received a permit for an
53 emergency roof replacement( Exhibit D) due to damage from Hurricane Georges. Since that time
54 there were 4 other building permits issued for stair replacement, seawall repair, storm shutters
55 and a sewer lateral permit.(Exhibit E) .Monroe County has found no permits and the applicant
56 has not provided any evidence that the enclosure was permitted with the original permit
57 application A4144(Exhibit B), although the applicant indicates it did exist in her letter dated
58 6/23/12.
59
60 Mrs. Kuhnke was required to obtain an inspection of her downstairs enclosure in September
61 2010 because her home is insured under the National Flood Insurance Program(NFIP) and 44
62 CFR 59.3 requires this inspection. On 7/6/2011, Monroe County performed the required
63 inspection and issued an inspection report and letter on 7/13/2011. The letter identified the
64 violations found on the site. The violations need to be remedied or Mrs. Kuhnke would be
65 subject to Code Enforcement and /or the loss of her flood insurance.. Mrs. Kuhnke was given
66 one year to bring the violations into compliance before Code Compliance referrals would be
67 generated. A Code Compliance referral has not been made as of this date.. On June 22, 2012,
68 Beth Ann Kuhnke filed an application for a variance to the Floodplain Ordinance and submitted
69 the required $50 application fee. She is seeking variance form all code provisions that would
70 make occupancy of a below base flood elevation illegal enclosure legal for living area.
71
72 STAFF REVIEW OF VARIANCE REQUEST:
73
74 As stated in the background, Beth Ann Kuhnke has requested a variance from the Monroe
75 County Floodplain regulations found in Chapter 122, Floodplain Management. The Monroe
76 County Community Inspection Report dated July 13, 2011 indicates the following violations of
77 the Monroe County Code:
78
79 1. Violation of Section 122- 4(b)(5)a...." New construction or substantial improvements within
80 zones V 1 -30, VE or V shall be elevated so that the bottom of the lowest horizontal structural
81 member of the lowest floor_ (excluding pilings or columns) is located at or above the base
82 flood elevation level, with the space below the lowest horizontal structural member open or
83 constructed with breakaway walls so as not to impede the flow of floodwaters. Breakaway
84 walls may be permitted for aesthetic purposes only and must be designed to wash away in
85 the event of abnormal wave action and in accordance with the provisions of sections
86 122- 4_(b)(5)g., (b)(5)h. and (b)(5)i."
87 2. Violation of 122- 4(b)(1)d.3., "Interior walls, ceilings and floor, below base flood
88 elevation in enclosures may be finished with allowable exterior finish, regardless of
89 whether this is specified in the permit or not, in accordance with the most recent FEMA
90 Technical Bulletin 2- 08(Exhibit F). The most recent Technical Bulletin 2 -08 limits the
91 finish to basic wall ceiling and floor construction. This is meant to exclude the use of
92 materials and finishes normally associated with living areas constructed above base flood
93 elevation from those areas of the enclosure located below the base flood elevation."
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94 Monroe County staff found on 7/6/11 that the illegal downstairs enclosure was finished
95 with drywall. Drywall is not an approved finish according to the FEMA Technical
96 Bulletin 2 -08.
97 3. Violation of 122- 4(b)(1)d.4. "The interior portion of an enclosed area below an elevated
98 building may not be partitioned except that garages may be separated from storage and
99 entryway. In the event an existing enclosure is enlarged, the walls between the existing
100 enclosure and the additional enclosure must be deleted. " Monroe County staff found
101 the enclosure has been partitioned into 7 separate areas.
102 4. Violation of 122- 4(b)(1)d.4 Enclosed areas below an elevated building and laterally attached
103 enclosed areas below base flood elevation must be void of utilities that would service the
104 enclosure and cannot be temperature controlled. " Monroe County Staff found the apartment
105 contained three separate wall air conditioners.
106 5. Violation of 122- 4(b)(7)" Enclosures below base flood elevation. No enclosure below the
107 base flood elevation shall be constructed or equipped for such uses as a kitchen, dining
108 room, family room, recreation room, office, bedroom, bathroom or workshop. This
109 prohibition does not apply to new improvements that are not substantial to post FIRM
110 structures rendered noncompliant by amendments to the flood insurance rate map as long
111 as the improvement is at the same elevation the structure was originally built to; ground
112 level structures whose initial construction began prior to January 1, 1975; and those
113 structures that are listed on the National Register of Historic Places, the Florida Inventory
114 of Historic Places or any inventory of local historic places. " Monroe County staff found
115 an apartment containing a kitchen, living room, bedroom and bathroom, as well as a
116 storage room and garage.
117
118 In addition to the violations cited in the 7/13/11 Monroe County Community Inspection Report,
119 if the variance request would be granted, the following code provisions would be violated:
120
121
122 1. Violation of 122 4(a), "No building permit for proposed construction or development
123 activity within an area of special flood hazard shall be granted, by the Building Official
124 or the Floodplain Administrator unless the proposed new construction is in compliance
125 with the standards set forth in this chapter." Including the subsections (8), "Any
126 alteration, repair, reconstruction or improvement to a structure that already is in
127 compliance with the provisions of this chapter shall meet the requirements of new
128 construction as contained in this chapter" and subsection (9), " Illegal or nonconforming
129 uses, structures, and construction below elevated post -FIRM buildings shall not be
130 expanded or improved or repaired from damages of any origin and no building permit
131 shall be issued for any improvements to below base flood enclosures, other than for
132 demolition or a permit to remedy a life safety hazard, unless the structure is brought into
133 compliance with this chapter ".
134 2. Violation of section 122- 4(b)(1)a., " New construction and substantial improvement
135 of any residential structure shall have the lowest floor for zones A 1 -3 0, AE and AH or
136 bottom of the lowest supporting member of the lowest floor_for zones V 1 -3 0, VE or V
137 elevated at or above the base flood elevation level. "
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138 3. Violation of section 122- 4(b)(1)d. ," Except as noted in subsection (b)(7) of this section,
139 the space below the lowest floor of an elevated structure shall be used exclusively for
140 parking of vehicles, elevators, limited storage or building access purposes."
141 4. Violation of section 122- 4(b)(1)d.7. "The area enclosed below the base flood elevation
142 shall not be used for human habitation.
143 5. Violation of Section 122- 4(b)(5)a., .." New construction or substantial improvements
144 within zones V1 -30, VE or V shall be elevated so that the bottom of the lowest
145 horizontal structural member of the lowest floor (excluding pilings or columns) is
146 located at or above the base flood elevation level, "
147 6. Violation of section 122- 4(b)(5)b. ,New construction or substantial improvements shall
148 be securely anchored on pilings or columns"
149 7. Violation of section 122- 4(b)(5)g., If any space below the base flood elevation level is to
150 be enclosed, such enclosed areas shall not be used for human habitation and must meet
151 the provisions of sections 122- 4(b)(1)d.l., (b)(I)d.2 -8 and (b)(5)a."
152 8. Violation of section 122- 4(b)(5)h, "Prior to construction, plans for any structure that will
153 have enclosed space below the base flood elevation level shall be submitted to the
154 building official or his designee for approval."
155 9. Violation of section 122- 4(b)(5)lc., "Any alteration, repair, reconstruction or
156 improvement to a structure shall not enclose the space below the base flood elevation
157 level except as provided for in sections 122 -4 (b)(5)g. and (b) (5)i. of this section."
158
159
160 Further, as no permit was obtained for the improvements below the base flood
161 elevation(downstairs enclosure) found added to the site in 1999,(based on the property appraiser
162 license). Monroe County permitting records indicate no permit was obtained as required by
163 Chapter 6, Section 6 -100 Building Permit Requirements,
164
165 1. 6- 100(a) Applicability. A building permit shall be required for all work shown in the
166 following table, where specifically exempted by this section and section 104 of the
167 Florida Building Code.. All work subject to the floodplain management requirements of
168 part II of this Code ".
169 2. Section 8 -37 Passage of four years a bar to prosecutions (a) All prosecutions before
170 the code compliance special magistrate shall be initiated within four years of the
171 occurrence of the event complained of or be forever barred. For the purpose of this
172 section, the term "initiated" means the filing of a notice of violation, issuance of a notice
173 to appear , or issuance of a civil citation by the code compliance department. Except
174 however, that tis section shall not bar the initial of a prosecution before the code
175 compliance special magistrate based on the following: (1) The unlawful construction of a
176 structure below the base flood elevation level or the minimum standards of use of a
177 below base flood elevation structure as outlined in 44 CFR, (2)Determination by the
178 building official or his /her authorized designee of an unsafe building, structure or system
179 as provided in Chapter 6, Section 6 -27 of the Code."
180
181 Even if the variances are granted, violations will still exist for the work done without a permit
182 and 4 year bar of prosecution. Therefore, to become fully compliant, if variances are granted, the
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owner will still be required to obtain After the Fact permits and if those are not obtained, a
violation will still exist.
The National Flood Insurance variance criteria adopt the general principal of zoning law that
variances pertain to the specifics of a 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.
In accordance with Section 122 -5 — Variances to the floodplain management requirements:
(a) Generally. Where, owing to special conditions, a literal enforcement of the floodplain
management provisions of this chapter would result in exceptional hardship unique to that
property or proposed project, the board of county commissioners may grant variances from the
terms of those provisions as will not be contrary to the public interest, will be in harmony with
the general purpose and intent of this chapter, and will be the minimum variance that will allow
reasonable use of the property.
(b) Procedures.
(1) An application for a variance from the provisions of this chapter for development in an area
of special flood hazard shall be filed with the building department at the time of application for a
building permit.
(2) Within ten days of receipt of a complete application for a variance from the terms of the
floodplain management provisions of this chapter, the building official shall review the
application, and submit a report and recommendation to the board of county commissioners.
(3) The board of county commissioners shall review the application and the reports and
recommendations of the building official and consider granting the variance in accordance with
the conditions set forth in this section 122 -5(c).
(c) Conditions.
(1) 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 of the following
conditions:
a. A showing of good and sufficient cause;
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; result
in additional threats to public safety; result in extraordinary public expense; create nuisance;
cause fraud on or victimization of the public; or conflict with other provisions of this chapter or
this Code; and
d. Specific written findings linked to the factors below.
(2) The following factors shall be relevant in the granting of a variance:
a. Physical characteristics of construction;
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229 b. Whether it is possible to use the property by a conforming method of construction;
230 c. The possibility that materials may be swept onto other lands to the injury of others;
231 d. The danger to life and property due to flooding or erosion damage;
232 e. The susceptibility of the proposed facility and its contents to flood damage and the effects of
233 such damage on the individual owner;
234 f. The importance to the community of the services provided by the proposed facility;
235 g. The necessity to the facility of a water - dependent location, where applicable;
236 h. The availability of alternate locations less subject to flooding;
237 i.The compatibility of the proposed use with existing and anticipated development;
238 j. The relationship of the proposed use to the comprehensive plan, land development regulations
239 and the floodplain management program for that area;
240 k. The safety of access to the property for ordinary and emergency vehicles in times of flood;
241 1. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters
242 and the effects of wave action, if applicable, expected at the site; and
243 m. The costs of providing governmental services during and after flood conditions, including
244 maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water
245 systems, and streets and bridges.
246
247 (3) When the board of county commissioners considers the propriety of granting a variance as
248 permitted by this chapter, the following factors shall not be considered relevant:
249 a. The physical disabilities or handicaps and health of the applicant or members of his family;
250 b. The domestic difficulties of the applicant or members of his family;
251 c. The financial difficulty of the applicant in complying with the floodplain management
252 provisions of this chapter; or
253 d. The elevation of surrounding structures.
254
255 (4) Any applicant to whom a variance is granted shall be given written notice by the board of
256 county commissioners specifying the difference between the base flood elevation and the
257 elevation to which the structure is to be built and stating that the cost of flood insurance will be
258 commensurate with the increased risk resulting from the lowest floor being located below the
259 base flood elevation.
260 (5) All variances issued shall require that an owners affidavit be prepared, and recorded with the
261 clerk of the circuit court, which shows that the proposed construction will be located in a special
262 flood hazard area, the number of feet that the lowest floor of the proposed structure will be below
263 the base flood level, and that actuarial flood insurance rates increase as the lowest floor within A
264 zone and the bottom of the lowest horizontal structural member of the lowest floor within V
265 zones elevation decreases.
266 (6) The building official shall maintain records of all variance actions and annually report any
267 variances to the Federal Emergency Management Agency.
268
269 STAFF REVIEW OF MINIMUM NECESSARY CONDITIONS under 122 -5 (c)
270 (1) a. — d.:
271
272 a. Showing of good and sufficient cause:
273
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274 The applicant has not demonstrated good and sufficient cause. The applicant claims that her
275 upstairs is too small for the entire family to live comfortably and that her daughter currently lives
276 downstairs. Further due to her physical condition, she would soon be forced to inhabit the below
277 base flood elevation enclosure, because of the difficulty she anticipates in getting up the
278 staircase. The Federal Guidelines for Local Variance and Appeal Boards state that
279 inconvenience, aesthetic considerations, physical handicaps and financial situations as a rule
280 cannot qualify for a variance. These issues can be resolved by adding on to the existing house
281 or by the installation of a chair lift or elevator
282
283 b. A determination that failure to grant the variance will result in exceptional hardship to the
284 applicant:
285
286 Exceptional hardships are relative to land and not property owners. An exceptional hardship
287 would pertain to a parcel of property with physical characteristics so unusual that complying
288 with the ordinance would create the hardship. The characteristics must be unique to the
289 property and not shared by adjacent properties so as to NOT establish a precedent to granting
290 similar variances. There are no geological conditions peculiar to this property and not shared
291 by other properties which would create an exceptional hardship which would prevent Ms. Kuhn
292 from using her property in a compliant manner. FEMA's Guidelines for Local Variance and
293 Appeals Boards Hardships (Section 60.6(a)(3)(ii) (attached) states: "For example, a situation in
294 which it would cost a property owner several thousands dollars more to elevate a house to
295 comply with the ordinance and an additional several thousand to build a wheelchair ramp or an
296 elevator to provide access to that house - for a handicapped member of the e Lamily might at first
297 glance seem like the sort of problem that could be relieved by a variance. However, while
298 financial considerations are always important to the property owners, and the needs of the
299 handicapped person certainly must be accommodated these difficulties do not put this situation
300 in the category o f "exceptional hardships " as they relate to variances " (see attached document
301 for additional information on exceptional hardships)
302
303 c. A determination that granting the variance will not result in increased flood heights,
304 additional threats to public safety; extraordinary public expense; nuisance; fraud on or
305 victimization of the public, or conflict with other provisions of this chapter.
306
307 This property is located in a VE flood zone, which is the more hazardous of flood prone areas.
308 The current unpermitted construction of this enclosure could very well increase the possibility of
309 increased flood heights, and additional threats to public safety. If a variance is granted based on
310 a handicap, other variances on the same criteria may follow setting a precedent and establishing a
311 history which may jeopardize the County's participation in the National Flood Insurance
312 Program which could result in extraordinary expense to the taxpayers of Monroe County. In
313 addition, persons occupying flood prone areas raise a critical public safety concern. It would be
314 essential that elderly or handicap persons leave when an evacuation notice is issued. If flood
315 waters begin to rise, and unforeseen circumstances prevent evacuations he or she may be
316 helpless and in harm's way. Not only would this pose unnecessary danger to handicapped
317 persons but it places an extra demand on the emergency management personnel who may be
318 called to the rescue. As a result, the County may be faced with liability. In this instance the
319 elderly or handicap person would be safer in the elevated part of the home. In addition, the
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320 granting of this variance will significantly increase the yearly flood insurance on this property.
321 The current owner as well as future owners may purchase this property unaware that it is subject
322 to higher insurance rates.
323
324 REQUIRED RELEVANT FACTORS IN GRANTING VARIANCE under 122 -5
325 (c) (2) a. — m.:
cz. Physical characteristics of construction;
The building is an elevated building on stilts at the correct base flood elevation. Permit Number
A4144 was issued in 1978 for a one story elevated single family residence on a column
foundation. Currently there is a 1427 square foot apartment below the elevated house which was
unpermitted and does not meet the previous or current floodplain codes.
b. Whether it is possible to use the property by a conforming method of construction;
The subject property can be used in a conforming manner. An elevator or lift may be installed
and the elevated permitted house could be enlarged to accommodate a larger amount of
residents. The lot the house is located on is a large lot and the house is only one elevated floor. A
second story could be added above the first story or the first story could be expanded to add
additional bedrooms. These options would allow Ms. Kuhnke to accommodate all the members
of her family, prepare for her anticipated physical condition and for the structure to be in
compliance with the floodplain regulations.
C. The possibility that materials may be swept onto other lands to the injury of others;
The fact that this enclosure itself is illegal non - conforming already leaves the possibility of the
non - conforming construction materials being swept onto other lands. Because the enclosure
was not permitted nor inspected, the County does not know whether the structure was built with
proper materials or if it was built to the regulations and codes in effect. Additionally, those
materials and household furnishings /furniture associated with living in the enclosure would
further exacerbate the flood impact possibilities. A VE zone storm surge with heights of 11'
above mean sea level with higher than three foot waves on top of that makes this an extremely
hazardous place to occupy. The existing unpermitted construction has not been engineered to fail
at the required safe load design, meaning the existing construction could cause even further
damage to the elevated portion of the house as well as to adjacent properties and structures.
d. The danger to life and property due to flooding or erosion damage.
As stated in l .c., if flood waters begin to rise, and unforeseen circumstances prevent evacuations
an elderly or handicapped person may be helpless and in harm's way. Handicapped persons are
safer in an elevated home but even safer if evacuated. Additionally the risk to emergency
personnel would be increased by the danger a flooded unpermitted structure with electric would
pose.
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365 e. The susceptibility of the proposed facility and its contents to flood damage and the
366 effects of such damage on the individual owner;
367
368 The lower enclosure as well as the elevated house is susceptible to flood damage. The flood
369 zone is eleven feet above mean sea level (VE 11) and the average ground elevation 5 feet above
370 mean sea level. This means there is a one percent change in any given year that the property
371 could be submerged by 6 feet of floodwaters. The damages sustained would not be covered by
372 flood insurance and must be absorbed by the individual owner. If the owner is not financially
373 able to absorb the costs, then the costs would fall to the County.
374
375 f. The importance to the community of the services provided by the proposed facility;
376
377 This is not applicable.
378
379 g. The necessity of the facility of a water dependent location where applicable;
380
381 This is not applicable. This is not a water dependent facility.
382
383 h. The availability of alternative locations less subject to flooding;
384
385 The elevated building and the enclosure is already in place. The best available alternative would
386 be the completed demolition of the enclosure so that the elevated portion of the house would be
387 less subject to flooding and velocity storm surge debris impact.
388
389 i. The compatibility of the proposed use with existing and anticipated development;
390
391 A variance to allow a habitational use in an unpermitted enclosure below the base flood elevation
392 is not compatible with existing or anticipated development. Furthermore, it is in violation of the
393 County's floodplain codes, the Florida Building Code as well as the Federal floodplain
394 regulations.
395
396 j. The relationship of the proposed use to the comprehensive plan, land development
397 regulations and the floodplain management program for the area;
398
399 Habitable floors below base flood elevation under elevated buildings are inconsistent with the
400 goals, objectives and policies of the Monroe County Year 2010 Comprehensive Plan and the
401 Monroe County floodplain management program. Policy 101.8.1 prohibits the expansion of
402 nonconforming uses. Policy 217.1.6 requires enforcement of federal, state and local setback and
403 elevation requirements to promote protection and safety of life and property. Policy 217.1.5
404 promotes participation in the Community Rating System and seeks to improve the current CRS
405 Class 9 rating.
406
407 k. The safety and access to the property for ordinary and emergency vehicles in times of
408 flooding;
409
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410 Coastal floods are generated by hurricanes in Monroe County. In the event of flooding from
411 hurricane conditions, the property would not be accessible for emergency vehicles. In the event
412 that emergency vehicles are not able to respond and the County has knowledge of the risk, then
413 the county may be exposed to liability in the event the flood or enclosure injures a handicapped
414 person.
415
416 1. The expected heights, velocity, duration, rate of rise and sediment transport of the
417 floodwaters and the effects of wave action, if applicable, at the site;
418
419 There is a 1 %chance in any given year this site could experience flood waters reaching 11 (VE
420 11) feet above mean sea level. The average ground elevation at this site is 5' MSL. This
421 specific site could be inundated with up to 6 feet of flood water. In coastal high hazard areas,
422 the National Flood Insurance Program requires that all new buildings be elevated to or above the
423 base flood elevation. Foundations must be designed to allow water moving at high velocity and
424 waves to flow beneath the elevated superstructure of the building. The result is that floodwaters
425 transfer only minimal forces to the foundation system and flood damage is minimal. Any
426 obstruction beneath an elevated building can eliminate the free flow of the coastal storm surge
427 and direct the floodwater into the elevated portion of the building or into adjacent buildings. The
428 result is generally structural failure of the buildings. Also, debris impact and flood borne
429 contaminants associated with coastal flooding would be expected.
430
431 m. The cost of providing governmental services during and after flood conditions,
432 including maintenance and repair of public utilities and facilities such as sewer, gas,
433 electrical and water systems and streets and bridges.
434
435 The elevated building was built prior to the more stringent building codes being in place.
436 Therefore, the home should not to be occupied during hurricane conditions. The occupants
437 should evacuate when an evacuation order is given. There could be additional cost of providing
438 government services in the case of the structure failing and the debris impacting /blocking other
439 nearby properties.
440
441 FACTORS THAT SHALL NOT BE CONSIDERED BY THE BOARD OF
442 COUNTY COMMISSION IN GRANTING VARIANCE under 122 -5 (c) (3) a. —
443 d.:
444 a. The physical disabilities or handicaps and health of the applicant or members of his family;
445 b. The domestic difficulties of the applicant or members of his family;
446 c. The financial difficulty of the applicant in complying with the floodplain management
447 provisions of this chapter; or
448 d. The elevation of surrounding structures
449
450
451 CONCLUSIONS:
452
453 In conclusion the staff has determined that the applicant does not meet the criteria for a variance
454 established in Section 122 -5 of the Monroe County Code. There is a very real possibility that the
Page 10 of 11
455 issuance of this variance, against staff recommendation could result in probation or suspension of
456 the Community from the National Flood Insurance Program, which would jeopardize not only
457 any federally backed mortgages held by County citizens but also any federal grant, loan,
458 allocation and aid to the County.
459
460
461 RECOMMENDATION:
462
463 Deny the variance request.
464
Page 11 of 11
Letter of Notificavion
910` dh Mam- ent Viv L'$1Qn
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289 -2536
County of Monroe
Beth Kee
9 Aquamarine Drive
Big Coppitt Key, FL 33040
November 27, 2012
&wrd..of -County . moom
Mayer George Neugent, Dist. 2
Mayor Pro Tern Heather Carruthers, Dist. 3
Danny L lohlage, Dist. 1
David Rice, Dist. 4
Sylvia Murphy, Dist. 5
RE: Flood variance application to permit a below base flood enclosure to be used for
habitation below an elevated single family residence.
Dear Ms. Kuhnke:
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, 2013. This meeting will be held at
the Harvey Government Center in Key West beginning at 9:00 A.M.
We have made a recommendation of denial for your request. I have enclosed a copy of the Staff
Report for your information. If you have any questions, do not hesitate to contact this office
305) 289.2866.
6 S' erely,
ary Wingate, FM
Senior Floodplain Coordinator
Growth Management Division
FEMA Guidelines for local Variances and Appeal Boards
Federal Emergency Management Agency
Federal Insurance &Mitigation Division Region IV
3003 Chamblee- Tucker Road
Atlanta, GA 30341
o a
FEMA GUI-DELINEs FOR LOCAL VARIANCE AND A pEA
L BOARDS
In circumstances where compliance requirements set out in a conlmuni 's regulati ty Ions pose an
exceptional hardship, the community may, after examining the a licant's hardship, approve lap p, pp ove or
disapprove a request for variance.
Although FEMA does not set forth absolute criteria for granting variances from the -
Title 44 � e prov�s�on of
MFR, §60.3, 60.4, and §60.5, the followi
§60.6 ( ng general standards have been established in
1. An applicant has good and sufficient cause for requestin g a variances, .
Z. An applicant will suffer exceptional hardship should a variance be
denied;
3. A variance will not cause increased flood heights, additional threats to
public safety, extraordinary public expense, create nuisances cause
fraud on or victimization of the public, or conflict with existin g local
laws or ord finances; and
4. A variance is the minimum necessary, considering the flood hazard to
afford relief,
The granting of variance is a local decision that must be based on local ordina NFIP
regulations, State law, and any other provisions the community may wish to req
Y Y eq re.
The Mature of the Variances
A variance represents a community's approval to set aside flood lain regulations p g that ` It adopted
to reduce the loss of life and property damage due to flooding. while the im act of
g p a single
variance on a flood hazard may not be significant, the cumulative imp of se v
may be severe.
p eral ariances
The NFIP variance criteria are based on the general principal of zoning law that .
p g at vary antes pertain
to a piece of property and are not personal in nature. Though standards v
State in g � from State to
eneral a ro rl issued variance is granted
- for a narcel j2r - characteristics so unusual that com I in with the ordinance would treat '
e an exc tonal
hardship to the applicant or the surrounding property wners. Those characteristics
Y must be
uni ue toUTt pro rty an e shared y a iacent parcc s. a unique c arac ens acs m
main to the land itself q us
not to a structure, its inhabitants, itants, or the prope owners. vari
�Y ante
s o be consi ere on an in tvt ua , case- y -case, asis and never on a m
u tr- of o
subdivision basis.
k :%, l x4xn les of the kinds of characteristics that might give rise to a hardship justi 1.01 . g g p that m� ght fy a
va.r�ance to certain other buildin or zonun ordinances would include an i sha d lot. a
parcel with unstable soils� or a paurcel Frith unu�l ' '
o condition below the and
I t c t, wever, to any physia c en�o `
hardship sufyic i give rise to a
ent to ' usti �, t would
fy a anance to a flood elevation requirement.
"ampl is the � �equently
encountered
p case of a very small undeveloped lot surrounded b to •
buildings have been constructed at grade,, y is on which
gar ,and an ordinance that requires new structures be
constructed at a level several feet above grade. If the owner wer to elevate on fill, the lot nught
drain onto neighboring property. In this case the size Of the lot and Its* status as the on l
undeveloped tot in the vicinity are characteristics that co y
old result �n a hardship. Howcver, this
situation still probably would not warrant a variance because, as discussed below, the owner does
not face an exceptional hardship since there are man way .
. Y ys to sllev� ate the drainage prob l � (elevation on pilings or a crawl space, m' the fill t . n
� g o dram away from adjoining properties,
etc.). our manual, Elevated Residential Structure � g p p��es,
es and the �'��o� �'1'�adproofing tems and
Techniques, illustrate ways in which various sites ecifi
p c problems can be overcome when
designing and building structures that must be elevated.
Individual Hardship vs. Comm nit Goals
In determining whether or not an applicant has established .
an exceptional hardship sufficient to
Justify a variance, the local board weights the applicant's .
. � app hardship against the purp o
. p� f the
ordinance. In the case of variances from a flood elevation requirement, this would mean asking
which variance is more serious: the hardship
p th that this individual applicant would face, or the
co nun * ty
dams s need for strictly enforced regulations that protect its citizens
es of floodin � P ��ens from the danger and
g g only a truly exceptional, unique hardship n the .
persuade 1 . p p� of an individual
applicant would
p local officials to set aside provisions of an ordinanc
the whole comxnurut 's safe in mi des' igned to with
Y safety find. The hardship might not have to be so severe i
a var iance to a se f the
applicant were seeking setback ordinance, for instance, which was intend
merely to simplify street repair and modific intended
modifications. In the course of considering ariance to
flood protection ordinances, however, local variance
e and. appeals boards must face the more
difficult task of frequently having to den requests from m applicants whose personal
circumstances evoke compassion, but whose hardships
ps are s�rnpiy not sufficient to ustify
deviation from community -wide flood damage prevention .
g p ton mquirements. ,l
Hardship — Title d o. a 3 ii
CFR Section 60.6(s)(3)(ii) states that " Variances shal
I1 only be i ssued b a community upon a
de termination that failure to grant the variance would result
ult in exceptional hardship to the
applicant.' The hardship that would result from failure
to grant Lr equested variance must be
exceptional, unusual, and e, clu *ve to the ro involv Mere economic or financial
h ardship - alone is not ex ce tional. Inconvenience aesthe '
tic considerations physical handica s ,
personal preferences, or the disapproval of one's neighbors likewise cannot ualif as
exceptions ar ships. ,ill of these problems can be resolved through other means without
antrn a variance. This is so, even if the alternative means
than building with a variance or ` t are more expensive or complicated i f they require the property owner to ut the
use than originally intended, or to build his or her home elsewhere.
parcel to a different
ere.
For example, a situation in which it would cost a ro e
p l� rtY owner several thousand dollars more
to elevate a house
to comply with the ordinance and an additional seve thousand to build a
wheelchair ramp or to provide access to that house for a hand' 'ca
family at first glance seems like the so
'capped member of the
sort of problem that could be relieved b variance.
e.
2of10
However, while financial considerations are always - ort to property the handicapped F owners-, and the geed of
�aFped person certa�y must be accommodated, these difficulties do `
not put this
situation in the category of "`exceptional hardships" as they relate to variances.
This is because.
I . The characteristics that result in the hardship are ersonal (the h . F physical
condition and financial situation of the person Proposing to live on the
Fo g
Property) rather than pertaining to the property itsel
2. The problem of day-to-day access to the building an be alleviated .
g gated �n
any one of a number of ways (going to the additional exp ense of
building ramps or an elevator), without grantin g a variance.
3. The situat of handicapped persons occu ' fl ood-prone pYIng p housing
raises a c nt cal public safety concern. If a variance is anted and
building 5 C on stru cted at . �
g grade, it will be cn tical that the handicapped
or infirmed person evacuate when floodwaters begin to rise.
g Even
though he or she may be helpless to do so alone. Not onl y does this
pose an unnecessary danger to handicapped persons but it also laces
extra demand on the commurnit ' F
y s emergency services personnel who
are called upon and placed at risk during rescue. In contrast if
` s the
bu is properly elevated, the hand' can still
p be
evacuated if there is sufficient wanung and assistance available, if
there is not, that person can, in all likelihood, survive the flood si mply
by remaining at home safely above the level of the floodwaters.
More simply, the property owner's difficulties would not really e relieved ed by the
variance, more likely only postponed, and perhaps ultimately incr p y aced. It would
be more prudent over the long run for both the ro err o
F p }� wrier and the
community, if the variance were denied and the home built at the ro er F p e levation
with handicapped access. This will ensure the safet of all family m
y y ern hers when
floodwaters rise and protect the individual and community in '
y est n�ent �n the
property, as discussed below.
Public Safety and Nuisances Title 44 CFR 60, a 3 iii
Variances must not result in additional threats to ublic safer or
above local p y create nu
i sa.nces. As mentioned
flood damage prevention ordinances (including elevation ' requirements) are intended
to help protect the health, safety, well- being, and ro err of the 1 ` •
F P y l ocal c�ti zens. This is a long_
range community effort usually made up of a combination of a roaches
Fp uch as adequate
drainage systems, warning and evacuation lans, and participating F P F rig in the NFIP. These long -term
goals can only be met if exceptions to the laws are kept to a bare i
F minimum.
Fraud gnd Victimization - Title 44 CFR §60,6 a M1110
Properly granted variances must not cause fraud on or victirniat` .
ion of the public. In ex
this requirement, local boards should consider the fact that each
new structure adds to local
government responsibility and remains a part of the communi for the life fe
below the � of the structure.
Structures built belo
the base flood elevation are subject to risk o f damage from
floods, while future own of the property and the communi the increased ty as a whole are sub'
that tho subject to all costs,
inconvenience, danger, and suffering ase ; ncreased flood damages bring. In addition,
3 of to
future owners may purchase the property, unaware that it is subject to potential flood
- Po es,
and can be insured only at very high flood insurance rates.
M iM*mum ess to Afford. Relief — Title 44, CM 60.6 #
The variance that is granted should be for the minimum deviation from the local requirements
that will still alleviate the hardship. In the case of variances to an elevation requirement, this
means the board should not grant permission for the applicant to build at grade.
In
ce bates — Title 44 CFR
60.6(a) 5
While the building standards in a local ordinance may be altered by means of a variance the
flood insurance purchase requirement, which must be enforced by lending institutions cannot be
waived and thus may create severe financial conseq€renGes for the property owners. Insurance
rates for structures build below BFE can be substantially higher than those for elevated
structures. In many instances, the rates will be so high as to make the structure essentially
uninsurable because the owners cannot afford the premium. This may not matter to the original
owner who applied for the variance in the first place, but it may matter a great deal to subsequent
potential owners. The potential buyer might be forced to forgo purchase of the . ro ert
P P Y
Subsequent owners may not find buyers because of the high insurance rates, or the community
may finds it has a large number of un- salable houses.
In addition, if the property is not insured and cannot be insured due to high actuarial rates there
may be no funds available to repair the structure if seriously damaged by flood. Even disaster
loans may not be obtainable if the flood insurance coverage required as a condition of the loans
was available only at very high rates. The result may be that the present owner or a future owner
may chose to abandon. the damaged house rather than repair it since the may damages exceed th
g Y
equity in the house. The local government and/or the holder of the mortgage are than left with
the problem of one or more vacant, flood- damaged, and essentially uninsurable houses.
Technical„ Staff
Assistance
In considering variances, the variance board should utilize local technical expertise and
recommendations from the Building Department, Planning and/or Zoning Department,
Engineering Department, etc. The local technical staff should consider alternatives available
such as relocation of the structure on the lot, slope or fill, retention walls, ro er drainage awn
P P g y
from adjoining structures, and other less drastic variances such as set back or lot coverage
g
variances as previously mentioned elsewhere in this guideline and in other P ublications.
S ulnnl
Because the duty and need of local governments to help protect their citizens from floodin g is so compelling, and the implications of the cost of insuring a structure built below flood level are
so
serious, variances from the flood elevation or from other requirements in the flood ordinance
should be quite rare. This is why the NFIP variance guidelines at §60.6 are so detailed and
contain multiple provisions that must be met before a variance can be ro erl anted,
p P Y granted. The
criteria are designed to screen out those situations in which alternatives other than a variance are
more appropriate. It is not surprising that, when these publications are followed very few
situations qualify for a variance.
4ofl0
Letter from FEMA addressing Brown Variance approved by BOCC
9/10/10
60 e go yietif
U.S. Department of Homeland Secure
Region IV
3003 Chan blee Tucker Road
Atlanta. GA 30341
y
w MA
I
fw
May 11, 2011
Mr. Roman G astesi Jr.
Monroe County Administrator
1100 Simonton Stmeta, Suite 205
Ivey West, Florida 33040 -2798
Reference: Elevation Variance for Strwture at 23048 Sailfish Lane, Cudjoe Key
Dear Mr. Gast * Q \t4JDa--**`
MAY 1 9 2011
,-I
This is regarding the elevation variance that Monroe County granted to the Brown family to permit a lower level
living area in an enclosure that is approximately five feet below the Base Flood Elevation. On September 101
2010, the County issued such variance against the staff recommendation, which based their analysis of the
variance on County variance criteria outlined in Section 122 -5 of the Monroe County Code.
While it is commendable and understandable to have empathy for the Brown family, the variance appears to be
inconsistent with the FEMA requirements that were specifically listed in its letter of October 29, 1987 to Mayor
Hernandez after a finding that Monroe County had established a pattern of issuing unjustified variances. The
County agreed to abide by these requirements for not issuing future variances that did not meet FEMA and
County variance criteria and to rescind all variances for which construction had not yet commenced.
We commend you for not issuing any elevation variance since October 1987. However, the September 2010
variance issued to the Brown family is in nonconformance with this agreement, even though there were
alternatives to granting elevation variances such as installation of ramps, lifts, and elevators.
While a single elevation variance for one structure may not result in FEMA imposing sanctions for lack of
compliance, any additional such variance or other form of noncompliance may. NFIP sanctions include
probation and subsequent suspension in accordance with Title 44 of the Code of Federal Regulations, Section
59.24.
Please feel free call Prasad Inmula of our Mitigation staff at (770) 220 -8841 or write 'if you have any questions
or comments.
Sincerely,
Brad G. Loar, CFM, Director
Mitigation Division
www.fems.gov
Section 122 -5 Monroe County Floodplain Variance Code
Sec. 122 -5. - Variances to the floodplain management re uirements.
(a)
Generally.
Where, owing to special conditions, a literal enforcement of the floodplain
management provisions of this chapter would result in exceptional hardship unique to
that property or proposed project, the board of county commissioners may grant
variances from the terms of those provisions as will not be contrary to the public
interest, will be in harmony with the general purpose and intent of this chapter, and
will be the minimum variance that will allow reasonable use of the property.
(b)
Procedures.
(1)
(2)
(3)
(c)
Conditions.
(1)
An application for a variance from the provisions of this chapter for
development in an area of special flood hazard shall be filed with the building
department at the time of application for a building permit.
Within ten days of receipt of a complete application for a variance from the
terms of the floodplain management provisions of this chapter, the building
official shall review the application, and submit a report and recommendation
to the board of county commissioners.
The board of county commissioners shall review the application and the
reports and recommendations of the building official and consider granting
the variance in accordance with the conditions set forth in this section 122-
5 (c).
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 of the following conditions:
a.
C.
A showing of good and sufficient cause,
A determination that failure to grant the variance would result in
exceptional hardship to the applicant;
A determination that the granting of a variance will not result in
increased flood heights; result in additional threats to public safety;
result in extraordinary public expense; create nuisance; cause fraud
on or victimization of the public; or conflict with other provisions of this
chapter or this code; and
Specific written findings linked to the factors below.
(2)
The following factors shall be relevant in the granting of a variance:
a.
Physical characteristics of construction;
b.
Whether it is possible to use the property by a conforming method of
construction;
C.
The possibility that materials may be swept onto other lands to the
injury of others;
d.
The danger to life and property due to flooding or erosion damage;
e.
The susceptibility of the proposed facility and its contents to flood
damage and the effects of such damage on the individual owner;
f.
The importance to the community of the services provided by the
proposed facility;
g•
The necessity to the facility of a water - dependent location, where
applicable;
h.
The availability of alternate locations less subject to flooding;
The compatibility of the proposed use with existing and anticipated
development;
j•
The relationship of the proposed use to the comprehensive plan, land
development regulations and the floodplain management program for
that area;
k.
The safety of access to the property for ordinary and emergency
vehicles in times of flood;
l .
The expected heights, velocity, duration, rate of rise, and sediment
transport of the floodwaters and the effects of wave action, if
applicable, expected at the site; and
R11
(3)
The costs 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.
When the board of county commissioners considers the propriety of granting
a variance as permitted by this chapter, the following factors shall not be
considered relevant:
a.
The physical disabilities or handicaps and health of the applicant or
members of his family;
C.
(4)
The domestic difficulties of the applicant or members of his family;
The financial difficulty of the applicant in complying with the floodplain
management provisions of this chapter; or
The elevation of surrounding structures.
Any applicant to whom a variance is granted shall be given written notice by
the board of county commissioners specifying the difference between the
base flood elevation and the elevation to which the structure is to be built and
stating that the cost of flood insurance will be commensurate with the
increased risk resulting from the lowest floor being located below the base
flood elevation.
(5)
All variances issued shall require that an owners affidavit be prepared, and
recorded with the clerk of the circuit court, which shows that the proposed
construction will be located in a special flood hazard area, the number of feet
that the lowest floor of the proposed structure will be below the base flood
level, and that actuarial flood insurance rates increase as the lowest floor
within A zone and the bottom of the lowest horizontal structural member of
the lowest floor within V zones elevation decreases.
(s)
The building official shall maintain records of all variance actions and
annually report any variances to the Federal Emergency Management
Agency.
(Code 1979. § 9,5-318, Card. Flo. 39.2000, § 6; Ord. No, 010 -2412. § 1)
Permit History Summary,, SFR permit documents,, 1978 Flood Map
.410 ■
■ ••■ -, " _ BUILDING PERMIT - •,
• . • LDING AND ZONING DEPARTI� OFFICE COPY.
■
OF
MONROE COUNTY, FLORIDA ' -
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i , t
TMS PERMIT VALL ALLOW WORK (AS DEFWW UNDER n RK DESCRIP'TI N BEL W AND AS' SHOWN AND • .
SPECIFIED ON PLANS SUBMITTED AND ON FILE IN THE BUILDING DEPARTMENT OFFICES) TO BE PERFORMED
ON TIDE FOLLOWING PROPERTY BY THE OWNER LISTED;
■
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PERMIT" CARD MUST BE DISPLAYED ON STREET SIDE BUILDING FEE
O F 1W IN - PERMAN �F.N_T SUBST AL R, AND _
IN A CIONSPICUOUS, SHELTERED LOCATION, 1 ACCESS . PLUMBING FEE . • .
■ IBLE TO THE INSPECTOR, PERMIT MUST REMAIN ISIS'- .
• PLAYED MML AFTER FINAL INSPECI ION& ` • • ■ • ► _ • • r . ►.
• OF ' APP VE D PLA 1 , BEARING BUILDING DEPART- • ELECTRICAL FEE
` MEN"T, STAWS, MMU BE N 3M JOBS E AVAIL -:
ABLE TO THE INSPECTORS AT THE TIME OF ALL IN -
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`��/ �� TOTAL FEE '
SPEC'TI _ r
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' T PERMIT BECOMES NULL AND VOID IF WORT: - IS NOT COMMENCED - WITMN THIRTY (30) DAYS OF
ISSUANCE OR IF YORK IS SUSPENDED FOR A PERIOD EXCEEDING NINETY.(90) DAYS, ALL PROVISIONS OF
LAWS AND ORDINANCES GOVERNING-THIS TYPE OF WORK SHALL BE COMPLIED WITH, THE GRANTING OF A .
PERMIT DOES NOT PRESUME TO G'I'VE AUTHORITY TO VIOLATE OR CANCEL THE PROVISIONS OF ANY
STATE OR FEDERAL LAW REGULATIN G CONSTRUCTION OR THE PERFORMANCE OF CONSTRUCTION. THIS • .
PERMIT IS NON- TRANSFERABLE, NON-MARKETABLE AND NON - ASSIGNABLE AND ANY A D TRANS-
FER, SALE OR ASSIGNMENT OF SAID PERMIT SHALL RESULT IN THE AUTOMATIC REVOCATION OF SAID PER-
MIT, .
r
HOw R.D a HNSON
- BUILD G FFICI.A.L '
SIGN•ATU F O RACTOR OR AUTHOR.
IZED AGENT`
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• PERMIT -
County of Monroe
GrowthM
Building DeDsCIMM
2798 Ovasm Highway
Suite #300
Marathon, FL 33450
Voice: (305) 289-2501
FAX: (305) 289-2515
Mayer David Rice, Dist 4
Mayor Pro Terns Kim Wigingtan, Dist. I
George Neugma, Dist 2
Heather Carruthers, Dist.3
Sylvia Murphy, Dist 5
We strive to be caring, projesslonal and fair
PERMIT HISTORY SUMMARY
Permit was issued September„ 14, 1,978 for a 1408 square foot single family residence. The flood
zone was V8 elevation 8. The house was an elevated structure with no enclosure on the ground level. The
Certificate of Occupancy(CO) was issued June 5, 19790
Permit 98141952 was issued November 6,,_.,1998 for a roof replacement due to damage from Hurricane
Georges. There were no inspections performed and this permit is expired.
Permit 021 00686 was issued February 21, 2002 for the construction of exterior stairs and for hurricane
shutters. No inspections were performed and this permit is expired.
Permit 02101 073 was issued March 15, 2002, also for storm shutters. A final inspection was approved on
May 14, 2002.
Permit 03105344 was issued January 8, 2004 for dock and seawall repair. There were no inspections
performed and this permit is expired.
Permit 09103146 was issued August 14, 2009 for a sewer tie in. A final inspection was approved on
September 23, 2009.
Permit 111 02897 was issued June 13, 2011 for a Flood Insurance Inspection. The ground level enclosed
area was inspected on July 6, 2011 and remains an open permit until a reinspection is performed and the
enclosure found compliant.
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OUNTY o �MONROE
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BUILDING AND ZONING DEPARTMENT
CERTIFICATC OF OCCUPAICY
UaiSSG i�O. CC�jpo
Robert Kuhnke 4144A
THIS' IS TO CIEORTUY that th'2 bui t d.Lng loca t = ?d aL Lot 9 Bl ock �
f , Porpoise Point
S ct ion 4 A xja Marine Drive fir t� •ic;z ncr:�i t h��s Ex r�:tcz -c� L -�,�
s foL j b�..rrn isSu.- d
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h :e�z comp e- tad accord i nu to p and spec'* f is t ions f i lcd
in tile a� � icc of tha
:10NNa0S C0U"N V BUILUIIA103 INSPECMR, and that the rr� cscd us4 o�
p F the buildin�, to wit,
as a sin le family residence cc - lolias with nll the b�k' rI'
- i i r. and
hw�-�Z th la ; ,-end ordinal. c ^s of. �t��:R�� C�Lr�� i'�' �nd ; approved for t t l #
i s use -
ALL��`I:�:BL: FT ? C'i� � LU � D `fL'}, ��;� ` ;3�.R OF
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C Ell T'Id. �� U. 79-59
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H01JAP,,D_ B. J ❑�; "?SON, 111 RECTOR
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Floodplain Ordinance and amendment effective at time of initial
construction of SCR
s
O ' RD it M N 3-1,1975
AN O 11WD RAI'-Ax D DUCTS
W'1 1 i To OMMM or Wma, FLDRIM; MVIE1119 A STA OF
VA NTJ W#I31VTONs 1 UQU IMML M
•WIT= Cx3ASM FLOW HAZAR ARM PNOVIDIG FOR
RZVW Of SUNIMVISM P1kDF06ALS AND HATW AND
STAMRDS FOR MRWPOW Wrrg= COASTAL FLOW HAZARD D
PROWDIM rM � � !1P'F 2CA�` N PRt3MIM FDR _ NT;
PROVID 331 a RULES FOX Z TATZDD Of
PEL V'MNG R1iI.88 F =JN; PROMIl'9 FOR V $ AND
E A VARIANC2 GIV WAIN= A DUOADM
OF LUDILITY; FEDYLI UM FOR S FGH
AND PEOVIDIM All EFir TIM DATZ
B19 IT ENAC79D by the County Camiss ion of the County of monroe,
Florida:
Section 1. State- -, Pt of ledt la, tiw iota, nt . The coastal areas of
Monroe County, Florida, are subject to f loodin8, resulting in danger to life,
loss of property, health, and safety hasards, disruption of conwrce and
governmental services, extraordinary public expenditure■ for flood protection
and relief, and impairment of the tax base, all of which adversely affect the
public health, safety, and general ►*lfare. The County Commission at their
meeting hold at the County Court Home in K West, Florida , June 11, 1974,
passed unanimmssly Ordinance # I -1974 and by their action duly expressed
Willingness to take action necessary to meet the ob jectives of the National
Flood Insurance Act of 1988.
Section Z. Def initiona. For the purpose of this Ordinance, the
following definitions shall apply:
(a) "Special Flood Hazard District", (hereinafter referred to as
SFH District) , means those portions of Monroe County, Florida, subject to flooding
or erosion from abnormally high tidal waters resulting from severe storms or
hurricanes. Said SFH District shall be comprised of those areas designated A8
and A14 upon the official Flood Hazard Boundary Map issued and approved by the
Federal Insurance Administrator dated July 1, 1974, and as the same may, from
time to time, be amended by the Federal Insurance Administrator.
(b) Special Flood Hazard with Velocity Districts, (hereinafter
referred to as SFHV Districts) means those portions of Monroe County, Florida,
subject to flooding or erosion from abnormally high tidal waters and wave
velocities resulting from severe storms or hurricanes. Said SFHV Districts
shall be comprised of those areas designated V8, V10 V11 V13 and
f ,� V14 upon
the official Flood Hazard Boundary Map issued and approved by the Federal
Insurance Administrator dated July 1, 1974, and as the same may, from time
to
time, be amended by the Federal insurance Adwiniscrator.
rc) "Flood or Flooding" means a gensral and temporary► condition of
partial or co%Wlste inundation of normally dry IaW Teresa from ahnorsally high
tidal water or rising coastal waters resulting fx severe storms, hurricanes,
or tsun=ls,
(d) ''F loodproof ing" means structural and non-structural additions,
changes or adjustments rather than elevating) to structures and utilities which
reduce or eliminate flood damage to water supply and sanitary savage facilities,
structures, and contents of buildings, and includes, by gray of illustration, but is not
1 imi ted to the following meaasure s
1. Anchorage to resist flotation and lateral movement,
2. Installation of watertight doors, bulkheads, and shutters,
or similar methods of construction to protect against
winds„ crave action, or flood waters,
3. Reinforcement of malls to resist water pressures.
4. Use of paints, membranes , or mortars to reduce
seepage of water through walls.
5. Addition of mass or weight to structures to resist
flotation.
6. Installation of pumps to lower mater levels in
structures,
7. Construction of water supply and waste water treat-
ment and disposal system ■o u to prevent or minimize
infiltration of flood voters.
8. Pumping facilities or comparable practices for sub-
surface drainage systems for buildings to relieve external
foundation wall and basement flood pressures.
9. Construction to resist rupture or collapse caused by
water pressure on floating debris.
10. Installation of valves or controls on sanitary and
storm drains which will permit the drains to be closed to
prevent back -up of sewage and stores waters into the buildings
or structures. Gravity draining of basements may be
eliminated by mechanical devices.
11. Location of all electrical equipment, circuits and installed
electrical appliances in a manner which will assure they are
not subject to flooding and to provide protection from
inundation by the regulatory flood.
12. Location of any structural storage facilities for
chemicals, explosives, buoyant materials, flammable
liquids or other toxic materials which could be hazardous
to public health, ■ of e t y, and ' we if are in a manner which
will assure that the facilities are situated at elevations
above the height associated with the regulatory protection
elevation or are adequately flood proofed to prevent f lo-
tation of storage containers, or damage to storage con-
tainers which could result in the escape of toxic materials
into flood waters.
_ (e) "Regulatory Flood" (also herein referred toe the 100 year
w 'W
flood) means the level of flooding that, on the average, is likely to be equaled
or exceeded once in any 100 -year period, i.e., that has a one - percent chance of
2.,
t
occurring in any year. This level of flooding f►.. the County w, ..anroo, Florida,
has been established per the Flood Insurance Administration blood ga tard Boundary
map dated ,July 1, 1974 as eight (g) foot above w e-an _son level to two lve (l2) foot
above mean sea level as designated on the off icial Flood Hazard boundary daps,
M "Substantial improvmaaent" means any repair, re- construction, or
improvwnnt of a structure, the cost of which equals or &=ands 50 percent of
the market value of the structure either (e) before the improvement is started,
or (b) if the structure has been damaged and is being restored, before the damage
occurred.
(g) "Structure" means anything constructed or erected the use of which
requires rigid location on the ground, or attachment to something having a
permanent location on the ground, including buildings, galls, fences, signs,
light standards, towers„ tanks, etc.
(h) "Accessory building" means a secondary residence, garage, or other
building or structure on a lot or parcel subordinate to and not forming an integral
part of the main or principal building but pertaining to the use of the main
building. An accessory building may include servant's quarters unless prohibited
by existing deed restrictions.
(i) "Residential". The term "residential" or "residence" is applied
herein to any lot, plot, parcel, tract, area or piece of land or say building
used exclusively for family dwelling purposes or intended to bo so used.
(J) " Baseowent" means that portion of a building between floor and
ceiling, which is so located that one -half or more of the clear height from
floor to ceiling in below grade.
Section 3. Development in either SFH or SFHV Districts. The County
official responsible for the administration and enforcement of this ordinance
shall to the extent not otherwise prohibited by Sections 4 and 5, with respect
to development within SFH and GFH Districts:
1. Require building permits for all proposed construction
or other improvements within said districts; and
2. Review building permit applications for repairs within
said districts to determine that the proposed repair (i)
uses construction materials and utility equipment that are
resistant to flood damage and (ii) used construction methods
and practices that will minimize flood damages ,• and
3. Review building permit applications for new construction or
substantial improvements within said districts to assure that
the proposed construction (including prefabricated and mobile
homes) (i) is protected against flood damage, (ii) is de-O
sign or mod ified and anchored to prevent flotation,
59M
colLapse or laterat movement of tht. structure % & &A,,* uses
construction materials and utility equip®ant that are
resistant to flood damage, and also uses construction
methods and practices that will minimize flood damage; and
4. Review subdivision proposals and other proposed new dsvelop-
ments to assure that (i) all such proposals ars consistent
with the need to minimize flood damage, (ii) all public
utilities and facilities, such u sewer, gar, electrical,
and water systems are located, elevated, or constructed to
minimize or eliminate flood damage„ and, (iii) adequate
drainage is provided so as to reduce exposure to flood
hazards; and
S. Require new or replacement rater supply eye tams and treatment
plants and sanitary sewage plants and ap tams to be des igped
to minimizo or eliminate: infiltration of flood maters into
the s ys t ems and plants and discharges f rya the systems and
plants into flood waters, and require ons ite waste grater
disposal systems to be Located so as to avoid impairment of
these or contamination from them during flooding.
Section 4. Development within SPH Districts.
(a) Buildings located in SFHV or "V" Districts must have their
lowest floor elevated to the level of the 100-year flood. The space below
must be kept free of obstructions, but may be covered with breakaway panels
and used for parking and temporary storage* Elevated structures shall be
serviced by electrical and mechanical equipment that is also elevated to or
above the level of the 100-year flood. Panel boards and a disconnect switch
must be located above the 100 year flood level. House sewer and storm drainage
systems that extend below the 100 year flood level shall be provided with
automatic back flow valves or devices installed at the point where the line
passes an exterior wall or slab.
(b) Mobile Homes. All mobile homes in new mobile home parka, in
expansions to existing mobile home parka and new mobile homes not in a mobile
home park, located within the SFHV, SFH, "A" and "V" zones must be elevated
to the 104 -year level, A mobile home within a park can be replaced without
being elevated to the 100-year level as long as the park itself was in existence
before the 100 year level had been determined. If a mobile home is placed in an
established park after the 100 -year level, is known, the County must require
that the mobile home owner or lessee have the fact disclosed to him in a deed
or lease that the mobile home is being located in a flood -prone area and that an
evacuation plan indicating vehicular access and an escape, route is filed with
the Disaster Preparedness Authorities.
(c) Existing uses located on land in SFHV, SFH, "A" or " V" Districts
which is below the elevation of the regulatory flood shall not be expanded and
< no building permit referred to in Section 3 of this Ordinance may be issued
�4-
therefore, unless the provisions of sub- section (a) hereof are complied with; how-
ever, this shall not preclude routine maintenance of existing structures or
improvements thereto which are less than substantial improvements, as herein
defined, and which do not increase the physical size of said structure.
Section 5, Development within SFH or "A" Districts.
Non - residential structures, multi - family structured and motels located in a
SFH or "A" District may make use of the space below the 100-year flood level
for equipment and non - living areas, under the condition that they be floodproofed
up to the level of the 100-year flood, that is, electrical equipment may be
located below the level of the 100 -year flood if it is protected in a waterproof
vault or is of the submersible type. An office, bath, utility room, storage
or laundry may be located below the level of the 100 -year flood if their
omission would cause extreme hardship and if they will be floodproofed. How-
ever, proper recognition should be given to the existing flood hazard, and
investment below the level of the 100-year flood should be minimized. A
U.S. Corp of Engineer Manual, " Floodproof ing Regulations" should be referred
to in order to facilitate design and detailing of floodproof construction.
Section 6, Site Utility Lines. Site Utility lines shall be made
waterproof as far as possible to eliminate infiltration of flood waters into
the system and discharges from the system into flood waters. Joints between
sewer drain the shall be sealed with caulking, plastic, or rubber gaskets
and all manhole covers shall be sealed in a similar manner.
Section 7. Accessory Buildings. Nothing herein shall be construed
to exclude accessory buildings from the provisions of this Ordinance.
Section 8. Application of Ordinance.
(a) This ordinance shall apply to and be enforced in all the un-
incorporated areas of Monroe County, Florida.
(b) Those maps referred to in Section Z (a) and (b) together with
all explanatory matter thereof are hereby adopted by reference and are declared
to be part of this ordinance; and shall be kept on file, available to the public,
in the offices of the Monroe County Building & Zoning Department.
Section 9. Enforcement. The Director of the Monroe County Building
& Zoning Department shall administer and enforce this ordinance.
-5_
section 10. Rul"- four Interpreting District VO That
bound"iss of thn flood hasard didtriatg sham as dw off jaial flood R"ard
1111111P WIN 11 11 OWN W
7. a... -=r . - - - _- •.+,. x+ c.- ax.... .iw..�,.- .....,'..a.._rmw..., w.c.:rr - ..._ _ 4 r - A�.rw•. �.E•�aw�<<. x..r...,....- .,.+.r.a...»n • - - Si -
l+...•.n,'..t.....yr,.,.•� y.W,ueS..y rh '.7Jtr. aJ1}s- .::.wraH..M.gq.•rr- +�r.ww„i - - - - �� . -n.irc wn.4.r _�� .. . .1.....ow +.. v .K..J.... .. __ _ � r . -. - - .- s. .. .._ .
BF %q& may a de scaling talY: � t
of thDso zq* for pram 3st loctt1MW of said• ■ hacll bm made by the
Director of the Mou County 1hailding, do Wining Dspa�rnt„
Ssctiou I1. This ordinance shall r4orcedn my confiict3ng ordinance,
building code, or' any other regulation to the •e ctent that this ordlnmce imposOO
mgrs s tr inow t retp iremente for the use or dM mlo;t- of any lands or s true to ras
within WK and STOW Districts. It to not intend" to repeal, modify, or cheap!
any ordinance, building, code or other rogulation'Q=ipt as herein stated.
Section ll: Interpr Q tati0n. The prov s ions of this ordinance shall
be liberally construed in favor of the County of Kontos F lori" t in order to
effectuate the purposo■ heroin stated.
Section 13. Variances.
(a) Au thor f ty of the Count Co nis s ion. The County Comes s ion shall
have the authority and duty to consider and act upon applications for a
v from these- regulations. Such Board is admonished that in granting any
variances hereunder, it must consider the purposes of the National Flood
Insurance Progrm, as specified in Title 24 Coda of Federal ReguUtions,
Chapter 14, subchapter B. Farts 1949 et seq. Further, such Board shall con-
sider the fact that an annual report on variances granted not be submitted
to the National Flood Insurance A4 inistration, which report is the basis for
continued availability of flood insurance to the inhabitants of woe County,
and therefore, variances should be granted with extrwn caution.
(b) The Board may grant Variances from the terms of this ordinance
as will not be contrary to the public interest, where owing to special
conditions, a literal enforcement of the provisions hereof will result in
unnecessary hardship, and so the spirit of the regulations shall be observed
and substantial justice done: provided that the variance will be in hsrwny
with the general purpose. and intent of this ordiname and that the same is the
minimum variance that will permit the reasonable use of the premises.
(c) Variances may be granted only upon the following conditions.
[1 A new structure is to be erected on a lot of on* -half
acre or lass in site, contiguous to and surrounded by
lots with existing structures constructed below the
flood protection elevation or
.640
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(2) If an official historic structure located below the
mini== level is to be restored or 're•- cm%structsd,
A variance may only be issued if good and suf f is isnt cause exists
for granting it or if failure to grant the variance Wuld result in e=aptional
hardship to owners of the land.
In all circumstances, as a matter of policy, variances may only be
issued if the County requirss that a notice be placed on the dead to the
property stating that the proposed construction will be located in a flood
Prone area. In the case of a variance for new construction or substantial
improvement for which construction is to ba s tar ted after December 31, 1974
and which is located in an area designated on an effective Flood Iaoura=e
Rata Map as having special flood hazards, the notice must contain a statement
of the number of feet that the lowest non -f loodproofed floor of the proposed
structure will be below the 100-year flood level and that actuarial flood
insurance rates increase as the first floor elevation decreases.
In all cases the County must notify the Administrator of the issuance
of the variance in writing, including written notification documenting the
justification for the issuance. A copy of the notification should be sent to the
State Coordinating Agency.
(d) Review and Appeal,* Review and appeal of any such decision by
the County Commission shall be by petition to the Circuit Court for relief.
Section 14. Warning and Disclaimer of Liability. The degree
of flood protection required herein is considered reasonable for regulator
purposes and is based on scientific studies. Larger floods may occur. This
ordinance shall not be deemed to imply that areas inside or outside designated
flood hazard districts will be entirely free from flooding or flood damages,
g :
and shall not create liability on thepart of Monroe County or any officer or
employee thereof for any flood damages that results from reli on this
ordinance of any administrative decision lawfully made thereunder.
Section 15. Penalties for Violation.
(a) Willful violations of the provisions of this ardinance or failure
to comply with any requirements hereunder (including violations of conditions
established in connection with any variances) shall constitute a misdemeanor,,
punishable by fine or not more than $540 or imprisonment for not more than
ba d&ys or both. Each day such violations continues shall be considered
as a
separate offense,
2Z
0
(b) Notwithstanding the Provisions of subsection (a the official
: i ial
responsible for the enforcement of the provisions of this ordinance may secure
saforcment hereof by any legal action necessary, such as applicati to any
court for injunctive relief , revocation of any building permit issued hereunder
or other appropriate means.
Section 16. It is the intention of the County Commissioners and it
is hereby ordained that the provisions of this ordinance ■hall become part of
Plat Filing Law of Monroe County 1373.
Section 17. Provisions of this ordinance ahal l not apply to those
buildings for which a building permit has been issued and is in effect or for
which proper and comply to applications and plans have been submitted for
building permits on or before the effective date of this ordinance provided
that the construction under the permit shall be commenced and progressively
Y
carried to a conclusion within the time limitations for permits established
by the Building Code.
Section la• All special laws, Ordinances, Resolutions, Rules and
Regulations in conflict herewith are hereby repealed to the
extent of said
conflict.
Section 19. This Ordinance shall take effect upon receipt of the
official acknowledgment from the Departmrsnt of State acknowledging receipt t o
g p f
certified copy of this ordinance and that said ordinance has been filed
in said office.
0
NOTICE OF INTENTION TO CONSIDER ADOPTION
OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that on
Tuesday, March 25, 1975, at 2:00 P.M. at the Monroe County Courthouse
Annex, Rey West, Florida, the Board of County Commissioners of
Monroe County, Florida, intends to consider the adoption of the
following County Ordinance.-
ORDINANCE NO. -1975
AN ORDINANCE REGULATING DEVELOPMENT WITHIN FLOOD
HAZARD DISTRICTS WITHIN THE COUNTY OF MONROE,
FLORIDA; PROVIDING A STATEMENT OF LEGISLATIVE
INTENT; PROVIDING DEFINITIONS; REQUIRING BUILD-
ING PERMITS WITHIN COASTAL FLOOD HAZARD DISTRICTS;
PROVIDING FOR REVIEW OF BUILDING PERMITS, SUB-
DIVISION PROPOSALS AND WATER AND SEWER SYSTEMS
TO INSURE PROTECTION FROM FLOOD DAMAGE; SETTING
STANDARDS FOR DEVELOPMENT WITHIN COASTAL FLOOD
HAZARD DISTRICTS; PROVIDING FOR COUNTY WIDE
APPLICATION; PROVIDING FOR ENFORCEMENT; PROVIDING
RULES FOR INTERPRETATION OF DISTRICT BOUNDARIES;
PROVIDING RULES FOR INTERPRETATION; PROVIDING FOR
VARIANCES AND ESTABLISHING A VARIANCE PROCEDURE;
GIVING WARNING AND DISCLAIMER OF LIABILITY; PRO-
VIDING FOR SEVERABILITY; PROVIDING PENALTIES FOR
VIOLATIONS; AND PROVIDING AN EFFECTIVE DATE.
DATED at Key West, Florida, this 3rd day of March, A. D.
1975.
RALPH W. WHITE
Clerk of the Circuit Court of
Monroe County, Florida, and ex
officio Clerk of the Board of
County Commissioners of Monroe
County, Florida.
(SEAL)
Publish: Wednesday, March 5, 1975.
Ti41 i7,��
W 9
131tucm A. SM ATHER$
SECET ^Ay of STATE
April 4, 1975
DEPARTMENT of STATE
STATE OF FLORIO^
THE CAPI TOL
TALLANASUE 32304
Honorable Ralph W. white
Clerk of Circuit Court
Monroe County
Post Office Sox 1580
Key west, Florida 33040
Dear Mr, white:
Pursuant to the provisions of Section 1 Florida 5. ��, Flori
Statutes, this will acknowledge receipt o f Monr
Ordinance Na 75-3, P oe County 5 3, which was received and filed i
office on April 4 197 n this
p 5.
Kindest regards.
Cordially,
BRUCE A. SMATHERS
Secretary of State
By
(Mrs&) Nancy avanaugh
Chief, Bureau of Laws
NK /mb
0
..
AN ORDINANCE AMMING ORDINANCE HO, 3 - 197 5
ENTITLED *AN ORDZMNCZ REGULATING DEVELOFMrr
WITHIN FLOOD HAZARD DrsTRICTs WITHIN THE COUNTY
OF MONROE IPWRIDA PROVIDING A STATEMSNT OF
LEGISLATIVE INTENT; PROVIDING DEF IN'IT IONS : RR-
QUIRING BUILDING PERMITS WITHIN COAS'T'AL FLOOD
HAZARD DISTRICTS; PROVIDING FOR REVIEW OF
BUILDING PERMITS t SUBDIVISION PROPOSALS AND
WATER AND SEWER SYSTEMS TO INSURE PRDTZCTION
FROM FLOOD DAMAGE SETTING STANDARDS FOR DEVELOP -
MEIlTS WITHIN COASTAL FLOOD HAZARD DISTRICTS I
PROVIDING FOR COUNTY -WIDE APPLICATION; PROVIDING
FOR ENFORCEMENT t PROVIDING RULES FOR INTERPRETA-
TION OF DISTRICT BOUNDARIESI PROVIDING RULES FOR
INTERPRETATION= PROVIDING FOR VARIANCES AND ESTA-
BLISHING A VARIANCE PROCEDURE t GIVING WARNING AND
DISCLAIMER OF LIABI LITY t PROVIDING FOR SEVERAB I-
LITYt PROVIDING PENALTIES FOR VIOLATIONS; AND
PROVIDING AN EFFECTIVE DATEt BY AMENDING SECTION
1 OF ORDINANCE NO. 3 - 1975 TO EXPAND LEGISLATIVE
INTENT; BY AMENDING PARAGRAP N 4 OF mo
ORDINANCE NO., 3 -- 1975 TO REQUIRE ALL NEW CONSTRUC-
TION IN MONROE COUNTY TO BE LOCATED LANDWARD OF THE
REACH OF THE MEAN HIGH TIDE $ TO REQUIRE SAME TO BE
ANCHORED BY PILINGS OR COLUMNS TO PROHIBIT THE USE
OF FILL FOR STRUCTURAL SUPPORT AND TO PROHIBIT MAN-
MADE ALTERATION OF SAND DUNES AND MANGROVE STANDS
WHICH WOULD INCREASE POTENTIAL FOR FLOOD DAMAGE;
BY AMENDING PARAGRAPH (b) OF SECTION 4 OF ORDINANCE
NO. 3 - 1975 TO PROHIBIT AFTER APRIL 1, 1977 THE
PLACEMENT OF MOBILE HOMES IN MONROE COUNTY EXCEPT
IN A LOT IN A THEN EXISTING PLATTED AND PROPERLY
ZONED MOBILE HOME SUBDIVISION OR PARK OR LOT WITH
TRAILER VARIANCE WHERE SAID LOT HAS ALL UTILITIES
SERVING SAID LOT CONNECTED AND STRERT OR ROAD
SERVICING SAID LOT IN PLACE ALL AS OF APRIL 1. 1977;
TO REQUIRE THAT ALL SUCH MOBILE HOMES AFTER APRIL 1
1977 SO QUALIFYING FOR PLACEMENT BE ELEVATED TO THE
MINIMUM HEIGHT OF EIGHT (S) FEET MEAN SEA LEVEL
PROVIDING FOR VARIANCES TO MOBILE HOMES TO BE PLACED
AT BELOW S FEET IF SAID MOBILE HOME IS SURROUNDED
BY MOBILE HOMES WHICH ARE BELOW THE REQUIRED EIGHT
(B) FOOT ELEVATION; PROHIBITING THE BUILDING OFFICIAL
FROM ISSUING A BUILDING PERMIT OR CERTIFICATE
OCCUPANCY UNTIL THE MOBILE HOME OWNER O TE OF
SHOWS TO SAID OFFICIAL A RECORDED R LESSEE
LEASE WHEREIN THE MOBILE HOME DEED OR UNRECORDED
FACT DISCLOSED TO HIM IN OWNER OR LESSER HAS THE
SAID DEED OR LEASE THAT THE
MOBILE HOME IS BEING LOCATED IN A FLOOD PRONE AREA
AND THAT AN EVACUATION PLAN INDICATING VEHICULAR
ACCESS AND AN ESCAPE ROUTE IS FILED WITH THE DISASTER
PREPAREDNESS AUTHORITIES; TO PROHIBIT THE MONROE
COUNTY ZONING BOARD AFTER APRIL 1, 1977 FROM REZONING
LAND FOR MOBILE HOME PARKS OR SUBDIVISIONS A
GRANTING MOBILE HOME VARIANCES t BY ADD FROM
( e ) AND (f) TO SECTION 13 OF ORDINANCE ADDING PARAGRAPH
TO PROVIDE GUIDELINES FOR THE CE NO. 3 - 1975
FACTUAL DETERMINATION
OF VARIANCES AND TO REQUIRE PAYMENT OF A VARIANCE
APPLICATION FEE, PROVIDING► AN EFFECTIVE DATE,
. 2-
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA s
Section 1. That Section 1 of Monroe Count Ordi nance
z.nance
No. 3 - 1975 be and the same is hereby amended to
read as foll
"Section 1. Statement of Legislative Intent
• The coastal
areas of Monroe County, Florida, are subject to flood
ing, resulting
in danger to . 1 i fe, loss of property, health and safety hazard$,
disruption of commerce and governmental services, extraordinary
public expenditures for flood protection and relief, and impairment
of the tax base, all of which adversely affect y the public health,
safety, and general welfare. And whereas the
Board of County
Commissioners of Monroe County, Florida deers it in the best interest
Of its citizens that said County at all times
be eligible for and
receive the benefits of the National Flood Insurance Program
administered by the Federal Insurance Administration tration of the Depart-
ment of Housing and Urban Development, said r ro
P gam providing its
citizens with federally subsidized flood insurance, VA and F.H.A.
mortgage insurance, conventional mortgage loa
from federally
insured or regulated lending institutions
for Purposes of purchasing
and improving real property and makes available federal flood
disaster assistance funds so long as sa id County adopts and main-
tains certain flood plain management regulations 9' tians consistent with
Federal criteria as set forth in Title 24 Code of Federal Regu-
lations Parts 19Q9, 191Q, 1911, 191, 1915 and 1917. And, whereas
the Administrator of the Federal Insurance
Administration has
previously identified Monroe County, Florida
as being a Coastal
High Hazard Area and therefore. the roe'
P �sions of Section 1910.3 {e}
Of Title 24, Code of Federal Regulations
must be adopted and adhered
to by Monroe County
in the program, in order to maintain continued participation
It is therefore the intent of the Beard that the
Provisions of this ordinance will be strictly adhered to, is
I
WE
Section 2. That paragraph (a) of Section 4 of Monroe
County Ordinance No. 3 - 1975 be and the same is hereby amended
to read as follows x
"(a) Buildings located in SFHU or "V" Districts must
have the lowest portion of the lowest floor elevated to the level
of the 100 year flood. The space below must be kept free of
obstructions, but may be covered with breakaway panels and used
for parking and temporary storage, Elevated structures shall be
serviced by electrical and mechanical equipment that is also
elevated to or above the level of the 100 year flood. Panel
boards and a disconnect switch must be located above the 100 year
flood level. House sewer and storm drainage systems that extend
below the 140 year level shall be provided with automatic
flow valves or devices installed at the point where the line
passes an exterior wall or slab. All new construction shall be
located landward of the reach of the mean high tide. All such
new construction shall be adequately anchored by pilings or columns
and fill shall not be used for structural support„ No Oman -made
alteration of sand dunes and mangrove stands shall be allowed
which would increase potential for flood damage."
Section 3. That paragraph (b) of Section 4 of Monroe
County Or d inance No. 3 - 1975 be and the same is hereby amended
to read as follows;
"(b) Mobile Homes. Effective ,Tune 1, 1977, the placem
of mobile homes (except in existing zoned and platted mobile home
parks and subdivisions or on lots with existing mobile home
variances) within Districts designated V1 though X130 is absolutely
prohibited in accordance with Title 24, Section 1910.3 (e) 7
s t
Code of Federal Regulations.
0 44 -
The term "existing" as used herein shall mean
that on June 1. 1977, the land is properly zoned and platted for
mobile homes or a mobile home variance has been granted and the
lot on which the mobile home therein is to be affixed han at a
minimum either final site grading or concrete pads in place, has
a street or road serving said lot and all utilities servicing
said lot are connected, Said definition being in accordance with
Title 24, Section 1999.1. Code of Federal Regulation definition
of "existing mobile home park or mobile home subdivision".
After April 1, 1977, all mobile homes so qualifying
for placement in existing zoned and platted mobile home parks and
subdivisions. A mobile home so qualifying for placement may be
placed at a height below said minimum elevation providing that a
variance is granted by the Board of County Commissioners. The
requirement for granting of said variance is that the mobile home
to be placed will be placed on a qualified lot which is presently
contiguous to and surrounded by mobile homes which are not elevated
eight (B) feet. In such cases, the Board may grant a variance to
allow said mobile home to be placed at an elevation equal to that
of the neighboring mobile homes.
No other variances shall be issued for mobile homes.
An existing mobile home may in all cases be replaced
without elevation and without need of variance providing the mobile
home so replaced was at a height below the required eight (S) foot
elevation.
If a mobile home is placed in an existing park or
subdivision or varianced lot, the Building Department shall not
issue a Building Permit or Certificate of Occupancy unless and
until the owner of the mobile home or lessee, as the case may be,
shows the Building Official a recorded deed or unrecorded
written Lease wherein the mobile home owner has the fact disclosed
to him in said deed or lease that the mobile home is being located
ti 5_
in a flood -prone area and that an evacuation plan indicating
vehicular access and an escape route is filed with the Disaster
Preparedness Authorities,
Section 4. That paragraph (e) to Section 13 of Monroe
County ordinance No. 3 . 1975 be and the same is hereby added to
read as follows*
"(e) Guidelines. When the Board of County Commissioners
of Monroe County. Florida shall consider the propriety of rantin
9 g
a variance as permitted by this ordinance the following factors
shall not be considered:
(1) The physical disabilities or handicaps and health
of the applicant or members of his or her family.
(2) The domestic difficulties of the applicant or
members of his or her family.
(3) The financial hardships of the applicant or members
of his or her family and the financial difficulty of the applicant
pp scant
to comply with this Ordinance.
The following factors shall be relevant in the rantin
9 g
of a variance:
(4 ) Whether the public would suffer if the variance is
granted.
(5) Whether the ordinance operates against the ro
P petty
so as to constitute an arbitrary and capricious interference with
the basic right of private property.
(6) Whether it is possible to use the Property b
P y y a
conforming method of construction.
(7 ) Whether failure to grant a variance would
in effect
deprive the applicant of his property without compensation.
p sativn.
(8) Physical characteristics of construction."
w6w
Section 5. That paragraph (f) to section 13 of Monroe
County Ordinance No. 3 - 1975 be and the same is hereby added to
read as follows
1#(f) Appl,ica „ti_ Fee Each application for a variance
hereunder shall be accompanied by a $ 50.00 application fee made
payable to Monroe County, Florida.”
Section 6. This Ordinance sha take effect upon receipt
P
of the official acknowledgment from the Department of State
acknowledging receipt of certified copy of this Ordinance and
that said Ordinance has been filed in said office by the Department
p ment
of Administration, Division of State Planning pursuant to the
requirements of Florida Statutes Section 380, 05 and Florida Statutes
Chapter 120.
I NRBY CEM W his dmmoot h"
bw r viowcd for legal u0s "Mmpj4 e+.l
cod wt od tkat tke tame me is
apirevaL
MAID 3. PAY�`I
Asst, Cow:y Ai -6 ;
NOTiCE OF I1 TEsTION To CONSIDER
ADOPTION OF COUNTY ORDINANCE
NOTICE IS HEREBY GIVEN TO WHOM IT MAY CONCERN that the
BOARD OF COUNTY COMMISSIONERS OF MONROE COUNTyl FLORIDA
intends to
consider the adoption of an Ordinance which amends
the County
Ordinance Regulating Development within Flood Hazard Districts
within the unincorporated areas of Monroe County, Florida.
Two public hearings on the adoption of the ro ose
P P d amendatory
Ordinance will be held by the Board at the following times and
locations:
FIRST HEARING: Tuesday, March 15, 1977 at 7:00 o 1
clock P.M.
at the Marathon County Courthouse, Mara thon
Florida,
SECOND AND FINAL HEARING: Tuesday March 22, 1977 at
7 o'clock P.M, at the Plantation Ke
Sheriff's Substation, Plantation xe
y. Florida.
At those times the Board will consider adoption P of the following
County Ordinance
ORDINANCE NO. _ 1977
AN ORDINANCE AMENDING ORDINANCE NO, 3 - 1975
ENTITLED "AN ORDINANCE REGULATING DEVELOPMENT
WITHIN FLOOD HAZARD DISTRICIS WITHIN THE COUNTY
OF MONROE, FLORIDA; PROVIDING A STATEMENT OF
LEGISLATIVE INTENT PROVIDING DEFINITIONS; RE�
QUIRING BUILDING PERMITS WITHIN COASTAL FLOOD
HAZARD DISTRICTS; PROVIDING FOF REVIEW OF
BUILDING PERMITS; SUBDIVISION PROPOSALS AND
WATER AND SEWER SYSTEMS TO INSURE PROTECTION
FROM FLOOD DAMAGE SETTING STANDARDS FOR DEVELOP-
MENTS WITHIN COASTAL FLOOD HAZARD DISTRICTS;
PROVIDING FOR COUNTY -WIDE APPLICATION; PROVIDING
FOR ENFORCEMENT; PROVIDING RULES FOR INTERPR
TION OF DISTRICT BOUNDARIES; PROVIDING RULES
INTERPRETATION, PROVIDING FOR VARIAN ULES FOR
VARIANCES
gLISHIhIG A VARIANCE PROCEDURE; GIVING ND ESTA-
DISCLAI� OF LI1�I3ILITY; PROVIDING WARNING AND
LI'rY; PROVIDING PENALTIES �'O I�:G FOR SEVI;RABZ --
PRaVIDING AN �- �FFECTIVE DATE; R VIUL��'1'zO_�5; AND
1 13Y AMENDING 4AMENDING AMENDING SECTION
OF ORD (N' N
..C�, NO, 3 • 1975 TO r���r�Nn LEGISLATIVE
BY AMENDING PAR1�,�;,'�1�p��
[�R�31NNCE NO. 3 - 1975 '1 '0 _ �a} OF SECTION � OF �1•.t.��llRE ALL NEW CO�25TR[�C--
'PION IN M01'NROE COUNTY TO BE LOCA"PED LANDWARD
REACH OF THE Maf�N HIGH `I'I DE, TO REQUIRE SAME THE
I''fE TO BE
DATED at Key West. Monroe County, Florida, this 4th day of
February, A . D. 19770
RALPH W, WHITE
Clerk of the Circuit Court
of Mon.rbe County, Florida
ex officio clerk of the
Board of County Commissioners
of Monroe County, Florida
Publish: No later than February 23, 1977
i 2
-
ANCHORED By PILINGS OR COLUmNS= I TO PROHIBIT THE USE
OF FILL FOR STRUCTURAL SUPPORT, AND TG PROHIBIT MAN-
MADE ALTERATION OF SAND DUNES AND MANGROVE STANDS
WHICH WOULD INCREASE POTENTIAL FOR FLOOD DAMAGE;
BY AMENDING PARAGRAPH (b) OF SECTION 4 OF ORDINANCE
NO. 3 - 1975 TO PROHIBIT AFTER APRIL 1, 1977 THE
PLACEMENT OF MOBILE HOMES IN MONROE COUNTY EXCEPT
IN A LOT IN A THEN EXISTING PLATTED AND PROPERLY
ZONED MOBILE HOME SUBDIVISION OR PARK OR LOOP WITH
TRAILER VARIANCE WHERE SAID LOT HAS ALL UTILITIES
SERVING SAID LOT CONNECTED AND STREET OR ROAD
SERVICING SAID LOT IN PLACE ALL AS OF APRIL 1, 19771
TO REQUIRE THAT ALL SUCH MOBILE HOMES AFTER APRIL 1,
1977 SO QUALIFYING FOR PLACEMENT BE ELEVATED TO THE
MINIMUM HEIGHT OF EIGHT (S) FEET MEAN SEA LEVEL;
PROVIDING FOR VARIANCES TO MOBILE HOMES TO BE PLACED
AT BELOW S FEET IF SAID MOBILE HOME IS SURROUNDED
BY MOBILE HOMES WHICH ARE BELOW THE REQUIRED EIGHT
(S) FOOT ELEVATION; PROHIBITING THE BUILDING OFFICIAL
FROM ISSUING A BUILDING PERMIT OR CERTIFICATE OF
OCCUPANCY UNTIL THE MOBILE HOME OWNER OR LESSEE
SHOWS TO SAID OFFICIAL A RECORDED DEED OR UNRECORDED
LEASE WHEREIN THE MOBILE HOME OWNER OR LESSEE HAS THE
FACT DISCLOSED TO HIM IN SAID DEED OR LEASE THAT THE
MOBILE HOME IS BEING LOCATED ILA A FLOOD PRONE AREA
AND THAT AN EVACUATION PLAN INDICATING VEHICULAR
ACCESS AND AN ESCAPE ROUTE IS FILED WITH THE DISASTER
PREPAREDNESS AUTHORITIES; TO PROHIBIT THE MONROE
COUNTY ZONING BOARD AFTER APRIL 1. 1977 FROM REZONING
LAND FOR MOBILE HOME PARKS OR SUBDIVISIONS AND FROM
GRANTING MOBILE HOME VARIANCES; BY ADDING PARAGRAPH
(e) AND (f) TO SECTION 13 OF ORDINANCE NO. 3 -- 1975
TO PROVIDE GUIDELINES FOR THE FACTUAL DETERMINATION
OF VARIANCES AND TO REQUIRE PAYMENT OF A VARIANCE
APPLICATION FEE. PROVIDING AN EFFECTIVE DATE M
DATED at Key West. Monroe County, Florida, this 4th day of
February, A . D. 19770
RALPH W, WHITE
Clerk of the Circuit Court
of Mon.rbe County, Florida
ex officio clerk of the
Board of County Commissioners
of Monroe County, Florida
Publish: No later than February 23, 1977
9 --1. .) 17 �)
.�� of eAtU4
STATE OF rLOP$DA
THE CAPP#Tt»
TALt,^#r#Ag3EE 3"04
w
BR UCE A. SMAT IMS
SCCPOCTAPY Or STATE M"Y L. SINGL ETON
Olrfttvr, 01v#Wan of Etsctions
9 04/4"-7600
March 31, 1977
Honorable Ralph*, White
Clerk of the C it cu it C our t
Monroe County
Ivey Wes t, Florida
Dear Mr, white;
Pursuant to the provisions of Sec
this w tivrt 125, 66 Florida Statutes
ill acknowledge your letter of March 28 and certified ca
County Ordinance No, 77- 8 which was PY
of Monroe
filed in this Office March 3 a$ received and
1 � 1977,
Kindest regards.
Cordially,
Row- qw—
w-w-
S* Nanc avana.ugh
C ief, Bureau of Laws
NK/lds
r � r
y �L��f�+
CFR 6 Variances and Exceptions
AUTHEt#MATED
Utll. COVET NMENT
FN�QIlNf/4TlQN
op
§60.6
special flood- related erosion hazards,
but the community has indicated the
presence of such hazards by submitting
an application to participate in the
Program, the community shall
(1) Require the issuance of a permit
for all proposed construction, or other
development in the area of flood -re-
lated erosion hazard, as it is known to
the community;
(2) Require review of each permit ap-
plication to determine whether the
proposed site alterations and improve-
ments will be reasonably safe from
flood - related erosion and will not cause
flood - related erosion hazards or other-
wise aggravate the existing flood -re-
lated erosion hazard; and
(3) If a proposed improvement is
found to be in the path of flood - related
erosion or to increase the erosion haz-
ard, require the improvement to be re-
located or adequate protective meas-
ures to be taken which will not aggra-
vate the existing erosion hazard.
(b) When the Federal Insurance Ad-
ministrator has delineated Zone E on
the community's FIRM, the commu-
nity shall
(1) Meet the requirements of para-
graph (a) of this section; and
(Z) Require a setback for all new de-
velopment from the ocean, lake, bay,
riverfront or other body of water, to
create a safety buffer consisting of a
natural vegetative or contour strip.
This buffer will be designated by the
Federal Insurance Administrator ac-
cording to the flood - related erosion
hazard and erosion rate, in conjunction
with the anticipated "useful life" of
structures, and depending upon the
geologic, hydrologic, topographic and
climatic characteristics of the commu-
nity's land. The buffer may be used for
suitable open space purposes, such as
for agricultural, forestry, outdoor
recreation and wildlife habitat areas,
and for other activities using tem-
porary and portable structures only.
[41 FR 46975, Oct. 26, 1976. Redesignated at 44
FR, 31177, May 31, 1979, as amended at 48 FR
44552, Sept. 29, 1983, 49 FR 4751, Feb. 8, 1984]
50.6 Variances and exceptions.
(a) The Federal Insurance Adminis-
trator does not set forth absolute cri-
teria for granting variances from the
criteria set forth in §§60.3, 60.4, and
44 Gf R Ch, 10 0--1 — 10 Edition)
60.5. The issuance of a variance is for
flood plain management purposes only.
Insurance premium rates are deter-
mined by statute according to actu-
arial risk and will not be modified by
the granting of a variance. The com-
munity, after examining the appli-
cant's hardships, shall approve or dis-
approve a request. While the granting
of variances generally is limited to a
lot size less than one -half acre (as set
forth in paragraph (a)(2) of this sec-
tion), deviations from that limitation
may occur. However, as the lot size in-
creases beyond one -half acre, the tech-
nical justification required for issuing
a variance increases. The Federal In-
surance Administrator may review a
community's findings justifying the
granting of variances, and if that re-
view indicates a pattern inconsistent
with the objectives of sound flood plain
management, the Federal Insurance
Administrator may take appropriate
action under §59. 24(b) of this sub-
chapter. Variances may be issued for
the repair or rehabilitation of historic
structures upon a determination that
the proposed repair or rehabilitation
will not preclude the structure's con-
tinued designation as a historic struc-
ture and the variance is the minimum
necessary to preserve the historic char-
acter and design of the structure. Pro-
cedures for the granting of variances
by a community are as follows:
(1) Variances shall not be issued by a
community within any designated reg-
ulatory floodway if any increase in
flood levels during the base flood dis-
charge would result;
(2) Variances may be issued by a
community for new construction and
substantial improvements to be erected
on a lot of one -half acre or less in size
contiguous to and surrounded by lots
with existing structures constructed
below the base flood level, in conform-
ance with the procedures of paragraphs
(a) (3), (4), (5) and (6) of this section;
(3) Variances shall only be issued by
a community upon (i) a showing of
good and sufficient cause, ( ii) a deter-
mination that failure to grant the vari-
ance would result in exceptional hard-
ship to the applicant, and (iii) a deter-
mination that the granting of a vari-
ance will not result in increased flood
heights, additional threats to public
212
Federate Emergency Monogoment Agency, DHS
Safety, extraordinary public expense,
create nuisances, cause fraud on or vic-
timization of the public, or conflict
with existing local laws or ordinances;
(4) Variances shall only be issued
upon a determination that the variance
is the minimum necessary, considering
the flood hazard, to afford relief;
(5) A community shall notify the ap-
plicant in writing over the signature of
a community official that (i) the
issuance of a variance to construct a
structure below the base flood level
will result in increased premium rates
for flood insurance up to amounts as
high as $25 for $100 of insurance cov-
erage and (ii) such construction below
the base flood level increases risks to
life and property. Such notification
shall be maintained with a record of all
variance actions as required in para-
graph (a)(6) of this section; and
(6) A community shall (i) maintain a
record of all variance actions, includ-
ing justification for their issuance, and
(ii) report such variances issued in its
annual or biennial report submitted to
the Federal Insurance Administrator.
(7) Variances may be issued by a
community for new construction and
substantial improvements and for
other development necessary for the
conduct of a functionally dependent
use provided that (i) the criteria of
paragraphs (a)(1) through (a)(4) of this
section are met, and (ii) the structure
or other development is protected by
methods that minimize flood damages
during the base flood and create no ad-
ditional threats to public safety.
(b)(1) The requirement that each
flood - prone, mudslide (i.e., mudflow)-
prone, and flood - related erosion prone
community must adopt and submit
adequate flood plain management regu-
lations as a condition of initial and
continued flood insurance eligibility is
statutory and cannot be waived, and
such regulations shall be adopted by a
community within the time periods
specified in §§60.3, 60.4 or §60.5. How-
ever, certain exceptions from the
standards contained in this subpart
may be permitted where the Federal
Insurance Administrator recognizes
that, because of extraordinary cir-
cumstances, local conditions may
render the application of certain stand-
ards the cause for severe hardship and
60.6
gross inequity for a particular commu-
nity. Consequently, a community pro-
posing the adoption of flood plain man-
agement regulations which vary from
the standards set forth in §§ 64.3, 60.4, or
§60.5, shall explain in writing to the
Federal Insurance Administrator the
nature and extent of and the reasons
for the exception request and shall in-
clude sufficient supporting economic,
environmental, topographic, hydro-
logic, and other scientific and tech-
nical data, and data with respect to the
impact on public safety and the envi-
ronment.
(2) The Federal Insurance Adminis-
trator shall prepare a Special Environ-
mental Clearance to determine wheth-
er the proposal for an exception under
paragraph (b)(1) of this section will
have significant impact on the human
environment. The decision whether an
Environmental Impact Statement or
other environmental document will be
prepared, will be made in accordance
with the procedures set out in 44 CFR
part 10. Ninety or more days may be re-
quired for an environmental quality
clearance if the proposed exception will
have significant impact on the human
environment thereby requiring an EIS,
(c) A community may propose flood
plain management measures which
adopt standards for floodproofed resi-
dential basements below the base flood
level in zones Al --34, AH, AC, and AE
which are not subject to tidal flooding.
Notwithstanding the requirements of
paragraph (b) of this section the Fed-
eral Insurance Administrator may ap-
prove the proposal provided that:
(1) The community has demonstrated
that areas of special flood hazard in
which basements will be permitted are
subject to shallow and low velocity
flooding and that there is adequate
flood warning time to ensure that all
residents are notified of impending
floods. For the purposes of this para-
graph flood characteristics must in-
clude:
(i) Flood depths that are five feet or
less for developable lots that are con-
tiguous to land above the base flood
level and three feet or less for other
lots;
(ii) Flood velocities that are five feet
per second or less; and
213
§60.7
(iii) Flood warning times that are 12
hours or greater. Flood warning times
of two hours or greater may be ap-
proved if the community demonstrates
that it has a flood warning system and
emergency plan in operation that is
adequate to ensure safe evacuation of
flood plain residents.
(2) The community has adopted flood
plain management measures that re-
quire that new construction and sub-
stantial improvements of residential
structures with basements in zones Al-
30, AH, AO, and AE shall:
W Be designed and built so that any
basement area, together with attend-
ant utilities and sanitary facilities
below the floodproofed design level, is
watertight with walls that are imper-
meable to the passage of water without
human intervention. Basement walls
shall be built with the capacity to re-
sist hydrostatic and hydrodynamic
loads and the effects of buoyancy re-
sulting from flooding to the
floodproofed design level, and shall be
designed so that minimal damage will
occur from floods that exceed that
level. The floodproofed design level
shall be an elevation one foot above the
level of the base flood where the dif-
ference between the base flood and the
500-year flood is three feet or less and
two feet above the level of the base
flood where the difference is greater
than three feet.
(ii) Have the top of the floor of any
basement area no lower than five feet
below the elevation of the base flood;
(iii) Have the area surrounding the
structure on all sides filled to or above
the elevation of the base flood. Fill
must be compacted with slopes pro-
tected by vegetative cover;
(iv) Have a registered professional
engineer or architect develop or review
the building's structural design, speci-
fications, and plans, including consid-
eration of the depth, velocity, and du-
ration of flooding and type and perme-
ability of soils at the building site, and
certify that the basement design and
methods of construction proposed are
in accordance with accepted standards
of practice for meeting the provisions
of this paragraph;
(v) Be inspected by the building in-
spector or other authorized representa-
tive of the community to verify that
44 CFR Ch, 1 (10-1-10 Edifion)
the structure is built according to ita
design and those provisions of this sec-
tion which are verifiable.
[41 FR 46975, Oct. 26, 1976. Redesignated at 44
FR 31177, May 31, 1979, as amended at 48 FR.
44543 and 44562, Sept. 29, 1983; 49 FR 4751, Feb.
9, 1984; 50 FR 36025, Sept. 4, 1985; 51 FR 30388,
Aug. 25, 1986; 54 FR. 33550, Aug. 15, 1989]
60.7 Revisions of criteria for flood
plain management regulations.
From time to time part GQ may be re-
vised as experience is acquired under
the Program and new information be-
comes available. Communities will be
given six months from the effective
date of any new regulation to revise
their flood plain management regula-
tions to comply with any such changes.
$ 60.8 Definitions.
The definitions set forth in part 59 of
this subchapter are applicable to this
part.
Subpart B --Requirements for State
Flood Plain Management
Regulofions
§ 80.11 Purpose of this subpart.
(a) A State is considered a "commu-
nity" pursuant to §59,1 of this sub-
chapter; and, accordingly, the Act pro-
vides that flood insurance shall not be
sold or renewed under the Program un-
less a community has adopted adequate
flood plain management regulations
consistent with criteria established by
the Federal Insurance Administrator.
(b) This subpart sets forth the flood
plain management criteria required for
State - -owned properties located within
special hazard areas identified by the
Federal Insurance Administrator. A
State shall satisfy such criteria as a
condition to the purchase of a Stand-
ard Flood Insurance Policy for a State -
owned structure or its contents, or as a
condition to the approval by the Fed-
eral Insurance Administrator, pursuant
to part 75 of this subchapter, of its plan
of self-insurance.
[41 FR 46975, Oct. 26, 1976. Redesignated at 44
FR. 31177, May 31, 1979, as amended at 48 FR,
44552, Sept. 29, 1983, 49 FR 4751, Feb. 8, 1984]
214
Flood Insurance Inspection floor plan and subsequent letter
addressing corrections, colored photos of existing enclosure
1 1 (37
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Count of Mo n roe y
Suite 300 vAlmd Qf QUM COMMI _0
2798 Overseas Hic�►wayr r � i Mayor Heather Cam�thers, Dot. 3
Maratltort Ffotida 33050 �'` Mayor ProTem David Rke, Dist. 4
Voce: (305) 289 2518 10m "n9to^, Dom. 1
Fes: (305) 289 -2515 S M � 2
5
RE #: 0015562 000000
NAME: Beth Kuhnke
ADDRESS: 9 Aquamarine Drive Big Coppitt Key, FL 33040
DATE OF INSPECTION: July 6,2011
DATE: July 13, 201 l
Enclosed please find two (2) Community Inspection Reports required by the National
Flood Insurance Program in order for you to renew your flood insurance ol* p cy. One
Inspection Revort must be submitted with your check to renew your flood insurance
policy or submitted to your insurance agent if your bank escrows your account.
The other report is for your records. YOUR FLOOD INSURANCE WILL BE
RENEWED BY RETURNING ONE OF THE ENCLOSED
C( MMUNITY
INSPECTION REPORTS.
Additionally, this letter will serve to report the findings of the community inspection
that occurred on July 6, 2011 which provided you with the community inspection
report for your National Flood Insurance renewal. I regret to inform you that the
enclosure was never permitted. During the inspection the following deficiencies were
observed:
THE ENCLOSURE WALLS ARE NOT CER TIFIED TO BREAKAWAY AT THE
REQU /RED SAFE LOAD DESIGN OF 10/20 PSF
Section 122- 4(b)(5)i. states that enclosures located in a VE flood zone shall have walls
engineered to fail at 10/20 psf of water pressure, in order to alleviate any possible
damage to the columns or elevated house located in this more hazardous flood zone.
Your unpermitted enclosure walls were not ever certified by an engineer that they
meet this design.,
SOLUTION,*
t (J3
Obtain an engineer's report that the existing walls meet the safe load design to fail at
14120 psf If you are unable to obtain this, the wails mint be demolished. If there is a
way to retrofit the exterior walls without removing them in order to comply with the
required safe load design, the size of the enclosure could remain. If the walls are not
able to breakaway or be retrofitted without removal, they must be demolished. You
could then obtain a permit for a storage enclosure of no larger than 299 square feet,
per 122- 4(b)(1)d. 1.
THE ENCLOSURE IS FINISHED WITH DRYWALL
There is drywall in the enclosed area below the base flood elevation. Section 122-
4(b)(I)d.4. Require materials used below base flood meet the standards outlined in
FEMA's Technical Bulletin 2 -93 "Flood Resistant Materials Requirement ". This
Technical Bulletin specifies that these materials are meant to exclude the use of
materials and finishes normally associated with living areas. The drywall is
associated with living areas and is not flood resistant.
SOLUTION,*
Remove all drywall.
THE ENCLOSED AREA IS PARTITIONED INTO SEPARATE ROOMS AND IS
AIR CONDITIONED
The Monroe County Floodplain Management Ordinance Section 122- 4(b)(1)d. 5 states
the "interior portion of an enclosed area below an elevated building may not be
partitioned, except that garages may be separated from storage and entryways."
Section 122- 4(b)(1)d.5 also states: "Enclosed areas below elevated building must be
void of utilities that service the building and cannot be temperature controlled ".
SOLUTION:
Remove the A/C units and repair the walls where there is no evidence of the placement
of the A/C. Remove all partitions including the Frame stud walls, closets, hallways and
rooms to comply with unpartitioned limited storage per section 14'22-4(b)(I)d.5. You
may keep the partition between the garage and the remainder of the enclosure as that is
(1`33
an allowable partition, if you are able to demonstrate that the partition wall will
breakaway at the safe load design mentioned above.
THE AREA HAS BEEN CONSTRUCTED FOR HABITATION
Section 122- 4(b )(7) of the Monroe County Floodplain Management Ordinance states:
"No enclosure below the base flood elevation shall be constructed or equipped for
such uses as a kitchen, dining room, family room, recreation room, office, bedroom,,
bathroom laundry room or workshop." The limited storage space has been
constructed and equipped as living space with a kitchen, bathroom, bedroom, office
and a laundry area. Areas below elevated buildings with a floor below base flood
elevation may only be approved for limited storage, parking of vehicles and
entryways. Limited storage is defined as the storage of lawn mowers, rakes,
wheelbarrows and similar outdoor equipment. Limited storage does not apply to
household items such as furniture and appliances.
SOLUTION.*
Remove the apartment including closets, rooms, plumbing, plumbing fixtures and
piping, sinks, cabinets and countertops, bathroom, bedroom, kitchen, indoor furniture,
furnishings and appliances including the hot water heater, washer and dryer and any
stored item that is vulnerable to flood damage. No habitation,, no plumbing, electric or
mechanical equipment, no interior partitions, or finishes." All areas where plumbing
and piping is removed must be repaired. Remove all fixtures, plumbing, plumbing
pipes and partition walls. Pour concrete into and over where the plumbing was in the
floor, and wood, concrete over the openings where the plumbing was in the walls so as
to have continuous floor and walls where the remains of the plumbing are no longer
visible. All electric must be relocated to a column if the enclosure is breakaway.
Only one GFI electrical outlet may be located below base flood elevation. All other
outlets you wish to have must be located or re- located to above base flood elevation
which is 5.8 feet above your slab as well as being moved to the columns. You also
need to relocate the washer, dryer and water heater(s) upstairs.
I have enclosed copies of the "Intent of Storage" and "How to Obtain a Demolition
Permit ". You must apply for and obtain a demolition permit to return the enclosure to
unfinished, unpartitioned limited storage pursuant to the Monroe County Code.
Please contact me within 60 days from the date of receipt of this letter if you have any
questions. After the lower enclosure has been brought into compliance, we will
3
provide another inspection at no charge and re -issue two amended "Community
Inspection Reports ". Failure to comply may result in code enforcement proceedings
and cancellation of your flood insurance policy. Please call me at (305) 289 -2866.
Thank you for your cooperation.
Sincerely,
Mary Wingate CFM
Senior Floodplain Coordinator
Growth Management Division
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Part b:
Flood Variance Application
Owner's drawing of existing floor plan
Current survey of property
Affidavit to be filed with Clerk of Court
Flood Variance Application and Owner's drawing of existing floor plan
APPLICATION FOR VARIANCE TO FLOOD HAZARD ORDINANCE
Submit to: Monroe County Building Department
$ SD.00 fee for filing of application
DATE 2 * 2. & 1 2,
APPLICANT'S NAME PH 30 5 a �
ONE .... - ,.�..��..�...,.� 1 1
APPLICANT'S MAILING ADDRESS 9 R, 3
NAME OF PERSON SUBMITTING APPLICATION
MAILING ADDRESS OF ABOVE q jAj2j11akahe
PROPERTY DESCRIPTION: KEY LOT BLOCK
SUBDIVISION J`
STREET OR ROAD
EXPLAIN REQUEST FOR VARIANCE: jDrawings or ph o as if necessary)
! � I
BRIEFLY EXPLAIN WHY YOU BELIEVE YOUR REQUEST SHOULD BE GRANTED:
r
I /WE UNDERSTAND THAT FLOOD INSURANCE RATES FOR IMPROVEMENTS BELOW THE REQUIRED ELEVATIONS
WILL RESULT IN HIGH PREMINUM RATES.
' A A v /
A M ., ur w
APPLICANT'S SIGNATURE
DO NOT WRITE BELOW THIS LINE
TO BE COMPLETED BY ZONING DIRECTOR
PROPERTY INSPECTED BY DATE
COMMENTS
r
�
f-
June 23, 2012
Monroe County Buildtnk Department
Board of County Commissioners
RE Request for Variance to Flood lain Manag ement Requirements
P g quirements
Big Coppitt Key, Lot 9, Block 6 Section 4, Porpoise Paint . .
� Subdivision
9 Aquamarine Drive, Key west, F 33040
Gentleman:
I respectfully submit a request for a variance to the flood p lain •
p n management requirements
as a literal enforcement of the management rovisions would result '
P ult in exceptional
hardship to me and my home at the above described ro rt .
P Pe Y •
My husband and I moved to Keys in 1974 and built our home
e in the late seventies. The
ground floor enclosure has always been an integra art of our ho
� P me the same as many
hundreds of similar homes built in the area at that time. We ha a e experienced no
problems until hurricane "Wilma" and even then the damage was
g not extensive and easily
repaired to original condition. All similar ground floor enclosures i '
n the area remain
essentially the same as before the flood, and I request that m gr q Y gr d floor enclosure not
be an exception as I desperately need it.
I have 1 ived in this hone for over 3 3 years, raised all m children n here and now my three
young grand children, all Conchs, are living with me. I call it m home b
jus Y ecause to me it
is much more than a house. This is my home and it is here where I want to spend my
remaining years with my family. I own this home which is a rea '
g t accomplishment
considering the cost of living in the Florida Keys. I suffer from a depilating Y pilating disease
(M.S.) and have become mostly homebound., daughter who lives •
z Y g downstairs i n the
existing enclosure, works to maintain the property and helps me with m '
livi which P Y activities o f
daily Y g I cannot do without her help. My youngest daughter and her s '
w me so the only room available for second daughter gh ells 11Ve
up stairs wi hter is in the downstairs
g
enclosure. With my disability I am on very limited income. M dau ghter My a ghter who stays in the
ground floor enclosure, helps to pay utility and other bills that I could not do by myself.
In the near future I will be forced to move into the ound floor en '
g�` closure as I will be
unable to climb the steps. Again I state that this is where I want t -
to my remaining
years. If forced to remove the ground floor enclosed structure that has
always been a part
of this home, I would have to sell the home to cover the cost basical forcing me to leave
my home and the Keys. At my age and physical condition I doubt I co uld survive. All i
want is to remain in my home (including the ground floor enclosure) as I have for the last
33 years. our extended family including our doctors, schools and employment and
friends are all here in Key West.. I want to stay, I don't want to loose ose my doctors, my
home or my family assistance. Failure by the board of count co count* mmissioners to grant this
variance will result in exceptional hardship to me.
�r
i
' f
Al
;t
tiP
a k 3
�.
Wo
The existing ground floor structure with break-away walls is not
. Y new., it w as part of the
original building structure more than 30 years ago.
i
sr�
A variance to allow the ground floor enclosure to remain as
it has for more than 30 years
is requested .based upon the fol lowing:
z
g
I. I have presented good and sufficient cause.
2. I have presented my case that failin to allow the variance •
g ance will result in exceptional
hardship to me the owner and applicant.
3. Granting the variance will not result in increases Mood he additional
e ghts, result in additional
threats to public safety; result in extraordinary ubl * ex .
. . Y p with other pense, create nuisance; cause
fraud or victimization of the public; or conflict wi ' ' •
provisions o Code.
4. As demonstrated by "Wilma" the existing ound level en
g g closure (structure) as
constructed over 30 years ago, provided a conforming ethod of .
g construction that did
not result in materials being swept onto other areas or cause in • u to injury others.
5. The existing ground level enclosure did not create a danger `
g r to life or property and no
erosion damage was found.
6. I any fully aware that the ground enclosure may be suscepti
. Y p ble to flood damage in the
future for which I will be responsible. I also am aware that this
s may cause an increase in
my flood insurance rates.
7. The ground floor enclosure is urgently needed b me to m et the needs o my family.
8. The existing floor enclosure has been used for over 3 o ear
y sand does not pose an
increase to water, sewer or electrical requirement from th
. q e past.
9. There is no alternative location less subject to flooding on
J g the property.
10. The approval of the variance for the existing round level • .
g g enclosure will in no way
affect the compatibility of its use with the existing nd antic' •
g anticipated development. Again it
is over 30 years old and the area is now basically totally developed.
Y p
I I. Owner use of the ground level enclosure has not had and wi not have any impact on
the comprehensive plan, land development regulations or flop '
g dplarn management
program for the area.
12. Approval of the variance for the existing ound level structure g g will not affect access
to the area for ordinary and emergency vehicles in time of flop .
"Wilma ".
flood as verified during
13. Approval of the variance will not change the expected heights, .
g p g ts, velocity, duration, rate
of rise, the sediment transport, and wave action at the site.
14. The variance will not result in additional costs of rovidin •
p g governmental services
during and after a flood, and will not increase maintenance or r epairs to public utilities or
facilities.
Please dear County Commissioners, I humbly sk you to rant '
Y � g this Application For
Vari• ance. Failure to approve this request will result in extreme hardship for me and
possible loss of my home. Please help me keep m home. Thank . p Y you for your
consideration of this matter. I really need your help.
p
Sincerely
e
Beth Kuhnke
Applicant and Owner of the Property
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Current Survey of Property
� MAP OF 13 OUNDARY � T OPQG�APH
I
- ao
IC 5UI;�V
Of FOUND W1'NE,55 CORNER
�.�
J 22
APPARENT MEA IRON ROD WITH
N84 00' 00 "E HIGH WATER LINE UNREADABLE RED CAP,
1.29'
. '� ,` :_:•} '
` ` ro' ;;'
APPRO,vELEII= 1,50,E SOUTH * 0.28 EAST
1 25.69' MEAS
°
CONC RETAINING WALL OF CORNER
°. ,•� �'
24" RIP RAP
LOCATION MAP - NT
SST wrrNESS mYP� ' -{ � r : A O� . -� _,
coRNER -
St=C. 22- T67S -R 26E
@ 10.x. i T _ :' 1�.: _
" IRON ROD WI RED r ' ��
FKLS CAP , ,�.� 35" RIP RAP
4
N
22 (T P) WF O. 1 3' 1
J. s.11
X 4 74 JK 4 4 1
CONC sTP a
24.38 P _ Ra��
X5 23 r
Q LOT
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UPSTAIRS WOOD DECK
BLK
11) O PLAT
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0 10 20 40
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NO° 0 1 ' 25 "E
NOTE: FLOOD ZONE BOUNDARY 5HOWN HEREON 15 13ASED ON TRACING OFCURRI N7 �MAG NAIL WI 5884 DISK
54.92` MEAS
GEOFfFEP,FNCED FEMA NATIONAL FLOOD HAZARD LAYER AND IS APPROXIMATE
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LEGAL DE5CRIPTION - 55.00 PLAT
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PLATTED OR DE5CRIBED DIMEt1510115 UNLE55
NOTE: FOUNDATIONS BENEATH THE 5URFA —F ARE NOT 5"ONT1_ MFA5UR,E
4 01 1 CATED OTHERW15F.
THE FOLL' ING 15 A Lt5T OF A1313F VIATIO115 THAT h1AY BE FOUND Ott TF
LOT 9, BLOCK G, P SECTION eFP - DACM'FLOV. . _
ORPOISE POI NT
1 - 1 1 1 11
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thereof, n9 to tfxe Plat c
w�
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recorded to Plat BOOS 5, Page f I8, of the Publ c
Recor
�� . ,`''°, F �' . :; ��
T�., �'��
IC ,
Monroe County, Florida. d5 Of rte, = CoNc��,� A(c�cK �ti -A I =- A E�L„�
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CONCP TE MpNUMfNT
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=?TAE
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ET LTA NA
= CENTPAt ANC,LE '.�€F'TiCAE
CERTIFIED TO - D� s 0P•AINACCE LA` FT
U = EffVATIf_1N - , = �lCl TCi
V1, _ r A e .-
`f U; :( 7W WAIN
HIGH A'A -c e : "Jf TP.M =. Mnr
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ENGL = ENCt(75L1n1: OrM C'Vf
tP EDC-E PA�EMEI T
Beth L= F�)iNT OF::�rn��
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FF1 a PIR.E Fi`�NPAN7 Ptf = I'A {Sir
F1 — � CE IN ° ODE
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NOTE: LEGAL pE5CRfP740N FJL = YNCL ON LINE r,�J?
5 HAVE BEEN FURNISHED
ISHED
C( r eIF %N1 Vl` )C!e c:
FA1 C1N �iAE WV WATfP =
C`F Bf °yN,rlr. U. °f S• Fr i
DESCRIPTIONS NOR HAVE ADJOINING PROPERTIES BEEN RESEARCH! =D TO DETERMINE OVEP,LAPS �'"' = v�aT��' •4A� �;
BY THE CLJE"T OR H15MER RFPRE5ENTATIVE,PUBLIC RECORDS HAVE NOT BEEN RESEARCHED S
Y THE
PROHIBITED WITHOUT WRITTEN CONSENT OF THE SIGNING PARTY THE DR HIATUS. ADDITIONS OR DELET10F15 TO SURVEY
FOR THI5 SURVEY. THE (_UFAFCY
O E P THE T J
MAP OR REPORT
APPARENT MEAFd HIGH WATER LINE 15 5HOWF{ FO ONLYEREON REPRESEttTS THE 5URVEYOR5 OPINION OF THE DEED LINES.
CAi £: 1 "= 20'
THE O pntt5F
TFiF MEAtI N {GH WATER LItIE Vt'AS t10T DFT�pt
I HEREBY CERTIFY THAT THI5 5URVEY WAS MADE U14DEP N" RE5r';•)ht51gLF CHARGE AN `IC!_D w �R1C MfNtMUM TECHNICAL STAFtDAP,DS A5 5ET FORTH BN' THE FLp�i�A 4E 0 FD OF PROFE5510NAL 5 THE DATE 07/1 1 120 12 SUP,VFYOPS AND MAPPER S iN CHAPTFP,
titl C
5J- R 7.05. FLO RI[7q ADtKltl e
PTVE51QN 5ECT0N 472.027. FLORIDA STATUTES PIT TO
AND COMPLIES ITH CHAPTC" 177, PAODE,FLORIDA
, XX/X�vk STATUTES.
FLORIDA r%1_rYS
EEAI f 1
NOT VALID WITHOUT THE
FDII BY
LAND s URVEYING
5IGNATURE AND THE RA!SEb
51GNED SEAL OF A FLORIDA
Cr.Fc_r1ED
19960 OVERSEAS HIGHWAY
FAY __ -_ --- 5URVEYOR AND MAPPER
SUGARLOAF KEY, FL 33042
ERIC A. 15AAC5, P5M xG783, PROFESSIONAL SURVEYOR ASID MAPPER LB+II 78 47
Ikvcc,€ NO. - _ -____
PHONE: (305) 394 -3690
FAX: (305) 509 -7373
EMAIL: FKL5ema +l @Gmatl.com
Affidavit to be file with Clerk of Court
FLOOD VARIANCE AFFIDAVIT
STATE OF FLORIDA
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 has/have possession
(except for tenants) of that certain real property, situate, lying and being in Monroe County, State
of Florida, described as follows:
RE# 441556200- 0000000
Legal Description: Lot 10 Block 6 Porpoise Point Subdivision Section 4
Address: Big Coppitt Key, FL 33044
2) That affiant(s) acknowledge(s) that the above described property is located in
an AE 9 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 granted a variance for the
enclosed area below the elevated building to be constructed and utilitized for habitable space
in the above described property.
4) That the lowest floor is 4.5 feet below the base flood elevation required on
the above described property which is 11 feet above mean sea level (VE 11),
5) Affiant(s) acknowledge(s) that the actuarial flood insurance rates may
increase up to amounts as high as $25.00 for $100.00 of insurance coverage and increases
risks to life and property.
6) This affidavit is required pursuant to Section 122- 5(c)(5).
Beth Kuhnke
Subscribed and sworn to before me this the day of 2013
Notary Public in and for
County of
State of
r
Part
Flood Variance Application Fee Receipt
Receipt
Y' e-
MONROE COUNTY , FL
ITEM 1 OF 1 MISCELLANEOUS FEE RECEIPT
RECEIPT # : 02000008676 PRINT DATE : 06/28
O12
RECEIPT DATE 06/28/2012 PRINT TIME 13 :06 ;08
1 � OPERATOR : benderc3
COPY # 1
RECEIVED BY SENDERD CASH DRAWER: 02
REC ' D . FROM : KUHNKE
NOTES -
CUSTOMER ID ITEM PA
------ ------------------- -------------------- - - - - -- - -- -----
1.000 MISCELLANEOUS -FLOOD VARIA -_5
0.00
TOTAL - - - -1 --
_-
50. 00
METHOD OF PAYMENT AMOUNT REFERENCE NUMBER
--------- ---------------
CHECK 50.00 4 168 ! -__ _
TOTAL RECEIPT 50.00