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AgdaPkt 2004-11-08
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AgdaPkt 2004-11-08
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7/5/2005 2:30:00 PM
Creation date
11/4/2004 1:20:16 PM
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CC Index
CC Index - Document Type
Agenda Packet
Date
11/8/2004
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<br /> 0.4 A- \f6 <br /> (1 ) Certification by a registered engineer or architect that a proposed <br /> structure complies with Section 41.5.6.A; <br /> (2) The elevation (in relation to mean sea level) of the bottom of the <br /> lowest structural member of the lowest floor (excluding pilings or <br /> columns) of all new and substantially improved structures, and <br /> whether such structures contain a basement. <br /> ARTICLE VI. VARIANCE PROCEDURE <br /> Sec. 41.6.1. . NATURE OF VARIANCES: The issuance of a variance is <br /> for flood plain management purposes only. The variance criteria set forth in this Article <br /> VI are based on the general principle of zoning law that variances pertain to specific <br /> parcels of property and are not personal in nature. A variance may be granted for a <br /> parcel of property with physical characteristics so unusual that complying with the <br /> requirements of this Chapter would create an exceptional hardship to the applicant or to <br /> surrounding properties. The characteristics must be unique to the property and not be <br /> shared by adjacent parcels. The unique characteristics must pertain to the land itself, <br /> not to the structure, its inhabitants or the property owners. <br /> It is the responsibility of the City Council to help protect its citizens from flooding. <br /> The need is so compelling and the implications of the cost of insuring a structure built <br /> below flood level are so serious that variances from the flood elevation or from other <br /> requirements are quite rare. The long term goal of preventing and reducing flood loss <br /> and damage can only be met if variances are strictly limited. Therefore, the variance <br /> guidelines provided in this Chapter are more detailed and contain multiple provisions <br /> that must be met before a variance can be properly granted. The criteria are designed <br /> to screen out those situations in which alternatives other than a variance are more <br /> appropriate. <br /> Sec. 41.6.2. APPEAL BOARD: In passing upon requests for variances, <br /> the City Council shall consider all technical evaluations, all relevant factors, standards <br /> specified in other sections of this Chapter, and the: <br /> A. Danger that materials may be swept onto other lands to the injury of <br /> others; <br /> B. Danger of life and property due to flooding or erosion damage; <br /> C. Susceptibility of the proposed facility and its contents to flood damage and <br /> the effect of such damage on the existing individual owner and future <br /> owners of the property; <br /> D. Importance of the services provided by the proposed facility to the <br /> community; <br /> E. Necessity to the facility of waterfront location, where applicable; <br /> F. Availability of alternative locations for the proposed use which are not <br /> subject to flooding or erosion damage; <br /> G. Compatibility of the proposed use with existing and anticipated <br /> development; <br /> Atty/Ord/Ord.223 <br /> 102704 16 <br />
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