Item K13
BOARD OF COUNTY COMMISSIONERS
AGENDA ITEM SUMMARY
Meeting Date: September 18, 2002
Division:
Growth Management
Bulk Item: Yes --X.. No
Department:
Building
AGENDA ITEM WORDING:
Approval of a request by Tom Horachek for a floodplain variance to section 9.5-317(b )(2)b. in order to
construct a 335 square foot enclosure for parking only below base flood elevation on Lot 15, Conch
Key CFSD 16
ITEM BACKGROUND:
Non residential enclosures used for limited storage and parking only are limited to 300 square feet
unless they meet the floodproofing requirements contained in section 9 .5-317(b )(2)a.. A variance to
this size limitation without meeting the floodproofing requirements may be approved provided the
construction is consistent with the minimal Federal standards and the Monroe County Flooplain
Management standards. The enclosure will be located in an AE 10' flood zone and will be used for
parking only.
PREVIOUS REVELANT BOCC ACTION:
None
CONTRACT/AGREEMENT CHANGES:
None
STAFF RECOMMENDATIONS:
Approval
TOTAL COST:
-0-
BUDGETED: Yes
No -0-
COST TO COUNTY: -0-
REVENUE PRODUCING: Yes
No X AMOUNTPERMONTH_ Year
OMg~tpurchaSing1 ~tAl Risk Management N/ A
~ i! k-r ,
I '-X,! ~ T(;IM
! TirrlOthy J. ~Garry, AICP
\ '
APPROVED BY: County Atty N/ A
DIVISION DIRECTOR APPROVAL:
DOCUMENTATION:
Included X
\./
'v
To Follow_ Not Required_
DISPOSITION:
AGENDA ITEM # \, \ ~
Revised 2/27/01
TABLE OF CONTENTS:
Part a:
Staff Report
Letters of Notification
Part b:
Flood Variance Application
Site Plan
Building Detail
Part c:
Site Photo's
Receipt
Part a:
STAFF REPORT
LETTERS OF NOTIFICATION
STAFF REPORT
TO:
Timothy J. McGarry, Director, Growth Management Division
FROM:
Dianne Bair, Floodplain Administrator
DATE:
August 20, 2002
SUBJECT:
Flood Variance Request For An Enclosure For Parking
Purposes Below A Non Residential Building Below Base Flood
Elevation
VARIANCE REQUEST:
As provided for in Article VII, Division 6 Variances to the floodplain management
requirements, Section 9-5-318 of the Monroe County Code, Thomas Horachek is
requesting a variance to section 9.5-317(2) b. of the Floodplain Management Ordinance
"Non residential Construction: "Enclosed areas below an elevated structure at
grade elevation for nonresidential commercial or industrial uses shall be permitted
for storage or parking purposes provided they are anchored to prevent flotation,
collapse or lateral movement of the structure and do not exceed three hundred
(300) square feet and are in accordance with the requirements of subsection 9.5-
317(b)(1)d.(i) through (viii)".
BASIS OF REQUEST:
Mr. Horachek is requesting a variance to the size limitation for the purpose of
constructing a 335 square foot enclosure for parking purposes below an elevated
nonresidential building.
STAFF REVIEW OF VARIANCE REQUEST:
(1) In accordance with Section 9.5-3l8(c)(l) of the Monroe County Code variances
shall be issued only upon a determination that the variance is the minimum necessary,
considering the flood hazard, to afford relief, and only upon all the following
conditions:
a. Showing of good and sufficient cause:
The applicant has demonstrated good and sufficient cause. The request is to the size of
the structure only. This is the minimum variance necessary. The enclosure is only 35
SF larger than the size allowable as of right, and will be properly vented according to
the A-zone requirements. The request is consistent with both the federal standards and
the requirements of the Monroe County Floodplain Management Ordinance.
b. A determination that failure to grant the variance will result in
exceptional hardship to the applicant
Failure to grant this variance will result in an exceptional hardship in that complying
with the conditions and structural values of the floodproofing criteria for a limited use
such as parking and a limited size of335 SF would be exceptional and unnecessary.
c. A determination that granting the variance will not result in increased flood
heights, additional threats to public safety; extraordinary public expense;
nuisance; fraud on or victimization of the public, or conflict with other provisions
of this chapter.
Flood vents will be installed to allow floodwater to flow evenly through the structure in
the event of flooding. There will be no build up of water on the structure. Therefore
granting this variance will not increase the flood heights, result in additional threats to
public safety, extraordinary public expense, nuisance, fraud on or victimize the public
(2) THE FOLLOWING FACTORS SHALL BE RELEVANT IN GRANTING THE
VARIANCE:
a. Physical characteristics of construction;
The construction will be in compliance with minimum federal standards as well as the
Monroe County floodplain management standards. The use is parking and the
enclosure will meet the venting and flood resistant materials requirements as well as
anchoring and windspeed requirements.
b. Whether it is possible to use the property by a conforming method of
Construction;
The structure could be floodproofed, however, the variance is only to the size of the
nonresidential enclosure. The enclosure does conform to the flood damage protection
and use requirements for construction below base flood elevation.
c. The possibility that materials may be swept onto other lands to the injury of
others;
A properly constructed, anchored and vented ground level enclosure will allow water to
flow through without destroying the structure or displacing the structure from its
foundation and therefore will not cause material to be swept away onto other lands.
d. The danger to life and property due to flooding or erosion damage.
There will be no danger to life or property. The enclosure is for parking only and not
for habitational purposes.
e. The susceptibility of the proposedfacility and its contents to flood
damage and the effects of such damage on the individual owner;
The enclosure will be constructed with materials and methods that will prevent flotation
collapse and lateral movement. There will be no damage posed by flood to the
building, the contents or the owner.
f. The importance to the community of the services provided by the
proposed facility;
The Commercial Fishing Industry is of great importance to the community. The
granting of a variance for a parking enclosure for an individual within this industry
would compliment the industry and therefor the community.
g. The necessity of the facility of a water dependent location where applicable;
This is not applicable.
h. The availability of alternative locations less subject to flooding;
All of Monroe County is located in a floodplain. This property location in an AE flood
zone is much preferable to a VE flood zone which is susceptible to velocity water and
tidal surge.
i. The compatibility of the proposed use with existing and anticipated
development;
The proposed use, parking, is compatible with existing and anticipated development
both for nonresidential and residential purposes.
j. The relationship of the proposed use to the comprehensive plan, land
development regulations and the floodplain management program for the
area;
The commercial moratorium has been lifted and the applicant may compete in the
nonresidential rate of growth permit allocation system. The construction is consistent
with the goals objectives and policies of the Monroe County Year 2010 Comprehensive
Plan
Ground level enclosures for parking designed to be anchored, vented and constructed
with flood resistant materials is consistent with the floodplain management program.
k. The safety and access to the property for ordinary and emergency vehicles in
times of flooding;
Floods are generated by hurricanes in Monroe County. In the event of flooding from
hurricane conditions, the property would not be accessible for emergency vehicles.
However, this is true for any part of the County that is affected by flooding from
hurricane conditions. Additionally, evacuation is required for hurricane categories that
would generate the 1 % flood and since this is an enclosure for parking only there would
be no need for emergency vehicles to access the property.
L The expected heights, velocity, duration, rate of rise and sediment transport of
the floodwaters and the effects of wave action, if applicable, at the site;
There is a 1 % chance in any given year this site could experience flood waters reaching
10 feet above mean sea level. The highest ground elevation at this site is 2.7 feet
above mean sea level. This means the site could be inundated with 7 to 8 feet of water.
The velocity of the water in the AE flood zone would depend on the windspeed. The
water will be driven by hurricane force winds. The rate of rise and sediment transport
are not applicable to hurricane generated coastal flooding. Wave action for a 1 % flood
would be up to 3 feet above stillwater elevations identified between transects 49,50
and 51, 52 in the Flood Insurance Study and are incorporated into the regulatory flood
elevation. This site would be no more affected with the 335 square foot parking
enclosure than it would be without.
m. The cost of providing governmental services during and after flood
conditions, including maintenance and repair of public utilities and facilities
such as sewer, gas, electrical and water systems and streets and bridges.
This is not applicable to the construction of an enclosure for parking below an elevated
nonresidential building
CONCLUSIONS:
In conclusion the staffhas determined that the applicant meets the criteria for a
variance established in Section 9.5-318 of the Monroe County Code.
RECOMMENDATION:
It is recommended that the Board of County Commissioners approve the variance
request.
County of Monroe
Plannin2 Dcoartmcnt
2798 Overseas Highway
Suite 410
Marathon, Florida 33050
Voice: (305) 289 2500
FAX: (305) 289 2536
Board of County Commissioners
Mayor George Neugent, Dist. 2
Mayor Pro Tern Nora Williams, Dist. 4
Comm. Charles "Sonny" McCoy, Dist. 3
Comm. Murray Nelson, Dist. 5
Comm. Dixie Spehar, Dist. I
September 5, 2001
Tom Horachek
30 South Conch Ave.
Conch Key, FL 33050
RE: Building Permit Application 01-2-3206.
Dear Mr. Horachek:
The Planning Department is in receipt of your application to construct a 335 square foot garage. After
careful review of your application, the following has been determined:
· Lot 15, Conch Key, is located in the Commercial Fishing Special District 16 (CFSD-16).
· The principle use on the above-described premises is commercial fishing.
· Building Permit 99-2-114 was issued for 335 square feet replacement commercial fishing and 600
square foot slab for commercial fishing.
· Building Permit 00-2-4044 was issued for an 80 square foot shed.
Based on the above review it has been determined that additional commercial development can not occur at
this time for the following reasons:
· The proposed enclosure is considered additional commercial floor area for commercial fishing.
· Building Permit 99-2-114 stipulated that any additional enclosure would required further development
approval and participation in the Non-Residential Permit Allocation System.
· Monroe County currently has a commercial moratorium in place.
Therefore, the proposed 335 square foot enclosure can not be permitted at this time. However, at a later
time when the commercial moratorium is lifted, you may want to apply for a downstairs enclosure for
additional commercial fishing storage which meets all Monroe County Code requirements and compete in
the Non-residential Rate of Growth a.k.a. Non-Residential Permit Allocation System. It is anticipated that
the Non-residential Rate of Growth will be effective sometime before the end of the year. If you have
questions, please contac office 5) 289-2500.
cc: Fred Gross, Lower Keys Planning Team Director
HORACHEK 01-2-3206
County of Monroe
Growth Man82ement Division
2798 Overseas Highway
Suite 400
Marathon, Florida 33050
Voice: (305) 289-2500
FAX: (305) 289-2536
Board of County Commissioners
Mayor Charles "Sonny" McCoy, Dist. 3
Mayor Pro Tern Dixie Spehar, Dist. I
Comm. Murray Nelson, Dist. 5
Comm. George Neugent, Dist. 2
Cornm. Bert Jimenez, Dist. 4
September 4, 2002
Thomas Horachek
30 South Conch Ave.
Conch Key, FL 33050
RE:
Flood Variance application for a 335 SF nonresidential parking enclosure below
base flood elevation on Lot 15, Conch Key RE#00385800 000000
Dear Mr. Horachek:
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 September 18, 2002. This meeting will be held
at the Marathon EOC/BOCC Chambers beginning at 9:00 A.M.
We have made a recommendation of approval for your request. If you have any questions, do
not hesitate to contact this office 305) 289-2518.
Sincerely,
DIanne Bair,
Floodplain Administrator
Monroe County
Part b:
FLOOD VARIANCE APPLICATION
SITE PLAN
BUILDING DETAIL
APPLICA nON FOR v ARIANCE TO FLOOD HAZARD ORDINANCE
Submit to: Monroe County Building Department
$50.00 fee for fmng of application
MAILING ADDRESS OF ABOVE
APPLICANT'S NAME /OM Jfo{2A.ch0-C
APPLICANT'S MAILING ADDRESS 0 A~ C:YV<.{,
NAME OF PERSON SUBMITTING APPLICATION "TO/11
S1Nc-
~u;Jch
DATE
~v& IJ-' ;2<J0(
1V3 fifj-st:
/-1 ~3 Q..fV
PROPERTY DESCRIPTION:
KEY
LOT
/J--
BLOCK
lo/VcA ;(0/
STREET OR ROAD \ 50 (; ~ ('ONcJl ~ vC.
EXPLAIN REQUEST FOR VARIANCE: (Drawings or photos if necessary) 3S SCj.. H-: OV~
. O;R.:rr~1:(lJtn ST~u1jl-0r~ .~f3()~ B ff 1F 99a... //4-
3 ~~ i)MI R:flarl ~, PI1c:loJu/'f -bf I,~. heR S'/)}/'O(?~
+- fX).r t (~~ c:'" 1\/
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BRIEFLY EXP~ WHY YOU B.ELIEVE YOURAEQUIREST SHOULD BE GRANTE. D: ,
. ~ k:xT/I~ S9 /-t: A-;;QI/JS VS/)5'6 <:)~ ASr.srJ/;r~~' Qo/u/Z1/VS
SUBDMSION
I1WE UNDERSTAND THAT FLOOD INSURANCE RATES FOR IMPROVEMENTS BELOW THE REQUIRED ELEVATIONS
WILL RESULT IN HIGH PREMINUM RATES.
7~ ;/oL
APPLICANT'S SIGNATURE
DO NOT WRITE BELOW THIS LINE
TO BE COMPLETED BY ZONING DIRECTOR
PROPERTY INSPECTED BY Phil Ryan DATE
335 SF enclosure for parking will not adversely affect community character
8/21/01
COMMENTS
SIGNATURE OF THE Assistant Building Official
PLEASE RETURN APPLICATION TO:
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LEGAL DESCRIPTION:
LOT: 12 BLOCK: --
P~\TBOOKlp~GE: 1/1JQ
BASE FLOOD ELEV}:,;l'IG~l:
SUBDIVISIO::l:
COr.:rCH "KEY
~:EY:
10.0
CQ:j~:1
ZOl'.fE: )..E
.P1\..1EL 12~2n
DRAI~AGE CALClJ~~TIQN3:
GROSS LOT AREA
I:~~RVICUS AREA
PERVIOUS AHEA
% "I}iPERVIOUS
S:'1~.L8 VOL1.nl{E REQUIRED
S~d]U,r: LEN(::"fH REGUIRED
SWAL~ LENG~H AVAILABLE
NO COtITROL DEVICE REQUIRED.
3..500 S.x.
--- 790~~S.7.
2J'709.5-S..~.
- 22~6 --6
-f45 -C.F.
-
.96 I..F.
-YeO L.P.
3'-0 3'-0
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ITOM
SC....lE: , I It I
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HOtiACHEK
STORi~GE
SL.OG
DATE:
t.,e:> I \2, q,e.
APfl:ll0'10 BY
\J ,.. f) i1 .J /'\
1 }:&.u.-~f_~",4.~; ~ ,~t\...~
PAUL C. X(;NSON JR. AND ASSOC. iNC.
O;;AWN-<l'!--- ~~.
~EYiS~O
CC~SU\.T1Ha _'~CHlr!CT' AHO LHOIN!!~.s
',0. soz IZ - "AAAT"O~. 'LOAIOA :aso - IHSl 70S-HIS
DRAWING NUMBER
\/7
9812-18
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MONROE COUNTY ***LIVE***
Item
1 of
1.
BUILDING PERMIT RECEIPT
OPERATOR: tuekerm
COpy # 1
See: 14 Twp: 65 Rng; 3,1 Sub: Blk: Lot: 00385800000000
DATE ISSUED.......; 08/20/2001
RECEIPT #. ...... . .: 27664
REFERENCE ID # ...: 01203206
SITE ADDRESS ...... CONCH KEY PB2-130
SUBDIVISION ......:
CITy............. :
IMPACT AREA ......:
LOTS 15
OWNER............: HOK~CHEK THOMAS & MARGARET
ADDRESS..........; 30 SOUTH CONCH AVENUE
CITY / STATE/ 21 P .... fv1ARA'THON 1 FL 33050
RECEIVED FROM .....
CONTRACTOR .......:
COMPANY ..........;
ADDRESS ..........:
CITY/STATE/ZIP ...:
TELEPHONE .........
TOM HORACHEK
LIC # *OWNER*
HORACHEK THOMAS & MARGARET
30 SOUTH CONCH AVENUE
fJlARATHON 1 FL 33050
FEE ID UNIT
QUANTITY
B- 0 EDUC FLAT RATE
B- 3 BLDG SQ FT
FLOOD DOLLARS
1.00
100.00
1. 00
AfVJOUNT PD.-TO-DT THIS REC NEW BAL
- - - - - - - - - - ----------- -.------"--- ----------
1. 00 0 .00 0.00 1. 00
20 00 O. 00 0.00 20.00
50.00 O. 00 50.00 0.00
.---------- ----------- ---------- ----------
71. 00 0 .00 50.00 21.00
TOTAL PERMIT :
METHOD OF PAYMENT
AMOUNT
NUMBER
CHECK
50.00
III
------------
------------
TOTAL RECEIPT
50.00