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File #: ID 24-3772    Version: 1 Name:
Type: Resolution Status: Passed
File created: 8/6/2024 In control: City Council
On agenda: 8/19/2024 Final action: 8/19/2024
Title: Resolution - Floodplain Variance Request (SF-22-02623) for Property Located at 230 Polynesia Court, Marco Island, FL 34145 - Kelli DeFedericis, CFM, Floodplain Coordinator, Community Affairs/Building Services
Attachments: 1. Resolution 24-46, 2. Staff Report, 3. Variance Application Letter, 4. David Hyatt, PSM Letter of Explanation, 5. Mechancial Enclosure & Equipment

Agenda Item: 12

Prepared By: Kelli DeFedericis, CFM, Floodplain Coordinator

Business:  Resolution

Department:  Community Affairs/Building Services

Subject:

Title

Resolution - Floodplain Variance Request (SF-22-02623) for Property Located at 230 Polynesia Court, Marco Island, FL 34145 - Kelli DeFedericis, CFM, Floodplain Coordinator, Community Affairs/Building Services

Body                     

 

 

BACKGROUND

 

PROJECT DESCRIPTION:

 

This variance is requested by Kevin Williams Construction, Inc. (CBC 1254223) on behalf of their client for building permit SF-22-02623.  The contractor is requesting to allow the machinery servicing the structure to remain at elevation 8.7’ NAVD, which is below the required elevation of 9’ NAVD. This variance request is for Chapter 26-flood section 26-97 Other Development (a)(5); Have mechanical, plumbing, and electrical systems above the design flood elevation or meet the requirements of ASCE 24, whichever is greater, except that minimum electric service required to address life safety and electric code requirements is permitted below the design flood elevation provided it conforms to the provisions of the electrical part of building code for wet locations

 

The permit was issued in 2022 based on the flood zone at the time of application which was flood zone AE (Area Elevation) with a base flood elevation of 7’ NAVD (North America Vertical Datum).  As referenced in Chapter 26 the required minimum elevation for new mechanical, plumbing, and electrical systems are to be above the design flood elevation or meet the requirements of ASCE 24.  For this property the minimum would be 9’ NAVD, and the machinery was installed at 8.7’ NAVD.  

 

 

FUNDING SOURCE / FISCAL IMPACT:  N / A

 

 

PUBLIC NOTICE REQUIREMENTS:  N / A

 

 

NOTICE APPEARANCE DATE(S): N / A

 

 

RECOMMENDATION

 

Staff Recommends denial based on the below findings:

 

1.                     The contractor has not provided good and sufficient cause that the unique characteristics of the size, configuration or topography limits the ability of elevation. 

2.                     The danger arises when the equipment becomes debris from the force of the flood waters.

3.                     The danger arises when the machinery servicing the structure becomes submerged in the flood waters making it inoperable.  Inoperable machinery makes the house inhabitable. 

4.                     Machinery that is below the required elevation has a greater chance of being submerged in flood water rendering it inoperable.

5.                     Since this is a residential property, there will be no public services provided.

6.                     Yes, there is an alternative and that is to elevate the machinery.

7.                     Proposed (new) development would require the machinery to be 10’ NAVD. 

8.                     Machinery elevation would not affect access to the property unless it became debris.

9.                     The 100-year storm elevation at the time of construction was 7’ NAVD.  The design flood elevation for Marco Island, in this area is 9’ NAVD.  For comparison the flood risk increased from the 2012 maps to the 2024 from AE 7’ NAVD to 10’ NAVD.

10.                     There is no adverse effect to public property.

11.                     The contractor has not provided good and sufficient cause that the unique characteristics of the size, configuration or topography limits the ability of elevation. 

12.                     Failure to grant the variance would not result in exceptional hardship.

13.                     Machinery below the required elevation could create a nuisance and become debris. Machinery submerged in water can make the equipment not operable, having an adverse impact to the livability of structure. 

14.                     Contractors on the island have demonstrated time and time again they have the capability to elevate all necessary machinery servicing the structure.

 

POTENTIAL MOTION:   Move to approve Resolution 24-46.