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BOARD 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 #

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MEMORANDUM 3 MONROE COUNTY PLANNING DEPARTMENT 4

We strive to be caring, professional and fair 5 6 To: Christine Hurley, Director, Growth Management Division 7 8 From: Townsley Schwab, Sr. Director of Planning and Environmental Resources, 9

Jerry Smith, Sr. Director Building Official, Floodplain Administrator 10 Through Mary Wingate, CFM, Senior Floodplain Coordinator 11

12 Date: November 2, 2013 13 14 RE: Flood Elevation Variance from 11’ required elevation to 6.55’ finished floor elevation to 15

allow owner to maintain illegal/unpermitted structure to allow continued illegal 16 use of living areas within existing below base flood elevation enclosure in a VE 17 Flood Zone property located at 9 Aquamarine Drive, Big Coppitt Key, FL 33040, 18 RE# 00155620.000000 19

20 VARIANCE REQUEST: 21 22 The property owner, Beth Ann Kuhnke has submitted a request for a floodplain variance under 23 Monroe County Code 122-5. If granted, the variance would allow Ms. Kuhnke to convert the use 24 of her unpermitted enclosure to habitable living space. The area enclosed below base flood 25 elevation shall only be permitted for storage, parking of vehicles and/or access to the elevated 26 house. Habitation of the below base flood elevation area is not permitted under Monroe County 27 Code Section 122-4(a)(9). 28 29 BASIS OF REQUEST: 30 31 Beth Kuhnke is requesting a variance so that her daughter, who is currently Ms. Kuhnke’s 32 caregiver, be allowed to inhabit the lower enclosure. The flood zone is VE with a base flood 33 elevation is 11’, from the Flood Insurance Rate Map panel #1532K(Exhibit A) The finished floor 34 of the enclosure is 4 ½ feet below base elevation. This area has been converted to an apartment 35 without permits and approvals. The apartment contains electric below the base flood elevation, 36 furnishings, bathroom a kitchen and air conditioning. Ms. Kuhnke states in her request that she 37 assumes that she will be moving downstairs in the near future, due to her deteriorating health and 38 her advanced age. She states that the removal of the apartment would result in her losing the 39 house and having to relocate out of Monroe County, as her two daughters and three 40 grandchildren live with her and there is not enough room for all of them in the upstairs. 41 42 BACKGROUND: 43 44 This vacant lot was purchased by Beth Ann and Robert G. Kuhnke on 6/1/1978. On 9/14/1978 45 Mr. Kuhnke received a Monroe County Building Permit to construct a new single family 46 residence on the property, permit # A4144(Exhibit B). The approved plans for the construction 47

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are for an elevated residence on a column foundation. The Kuhnke’s received a Certificate of 48 Occupancy for the single family home on 6/5/1979(Exhibit C), making the house a postFIRM 49 structure, since the Monroe County Floodplain Ordinance indicates preFIRM structures as those 50 constructed before January 1, 1975. Monroe County Building Permit records indicate there were 51 no further permits issued to the Kuhnke’s until 1998, when they received a permit for an 52 emergency roof replacement( Exhibit D) due to damage from Hurricane Georges. Since that time 53 there were 4 other building permits issued for stair replacement, seawall repair, storm shutters 54 and a sewer lateral permit.(Exhibit E) . Monroe County has found no permits and the applicant 55 has not provided any evidence that the enclosure was permitted with the original permit 56 application A4144(Exhibit B), although the applicant indicates it did exist in her letter dated 57 6/23/12. 58 59 Mrs. Kuhnke was required to obtain an inspection of her downstairs enclosure in September 60 2010 because her home is insured under the National Flood Insurance Program(NFIP) and 44 61 CFR 59.3 requires this inspection. On 7/6/2011, Monroe County performed the required 62 inspection and issued an inspection report and letter on 7/13/2011. The letter identified the 63 violations found on the site. The violations need to be remedied or Mrs. Kuhnke would be 64 subject to Code Enforcement and/or the loss of her flood insurance. . Mrs. Kuhnke was given 65 one year to bring the violations into compliance before Code Compliance referrals would be 66 generated. A Code Compliance referral has not been made as of this date.. On June 22, 2012, 67 Beth Ann Kuhnke filed an application for a variance to the Floodplain Ordinance and submitted 68 the required $50 application fee. She is seeking variance form all code provisions that would 69 make occupancy of a below base flood elevation illegal enclosure legal for living area. 70 71 STAFF REVIEW OF VARIANCE REQUEST: 72 73 As stated in the background, Beth Ann Kuhnke has requested a variance from the Monroe 74 County Floodplain regulations found in Chapter 122, Floodplain Management. The Monroe 75 County Community Inspection Report dated July 13, 2011 indicates the following violations of 76 the Monroe County Code: 77 78

1. Violation of Section 122-4(b)(5)a. . . .” New construction or substantial improvements within 79 zones V1-30, VE or V shall be elevated so that the bottom of the lowest horizontal structural 80 member of the lowest floor (excluding pilings or columns) is located at or above the base 81 flood elevation level, with the space below the lowest horizontal structural member open or 82 constructed with breakaway walls so as not to impede the flow of floodwaters. Breakaway 83 walls may be permitted for aesthetic purposes only and must be designed to wash away in 84 the event of abnormal wave action and in accordance with the provisions of sections 85 122-4 (b)(5)g., (b)(5)h. and (b)(5)i.“ 86

2. Violation of 122-4(b)(1)d.3., “Interior walls, ceilings and floor, below base flood 87 elevation, in enclosures may be finished with allowable exterior finish, regardless of 88 whether this is specified in the permit or not, in accordance with the most recent FEMA 89 Technical Bulletin 2-08(Exhibit F). The most recent Technical Bulletin 2-08 limits the 90 finish to basic wall ceiling and floor construction. This is meant to exclude the use of 91 materials and finishes normally associated with living areas constructed above base flood 92 elevation from those areas of the enclosure located below the base flood elevation.” 93

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Monroe County staff found on 7/6/11 that the illegal downstairs enclosure was finished 94 with drywall. Drywall is not an approved finish according to the FEMA Technical 95 Bulletin 2-08. 96

3. Violation of 122-4(b)(1)d.4. “The interior portion of an enclosed area below an elevated 97 building may not be partitioned except that garages may be separated from storage and 98 entryway. In the event an existing enclosure is enlarged, the walls between the existing 99 enclosure and the additional enclosure must be deleted. “ Monroe County staff found 100 the enclosure has been partitioned into 7 separate areas. 101

4. Violation of 122-4(b)(1)d.4 Enclosed areas below an elevated building and laterally attached 102 enclosed areas below base flood elevation must be void of utilities that would service the 103 enclosure and cannot be temperature controlled.” Monroe County Staff found the apartment 104 contained three separate wall air conditioners. 105

5. Violation of 122-4(b)(7)” Enclosures below base flood elevation. No enclosure below the 106 base flood elevation shall be constructed or equipped for such uses as a kitchen, dining 107 room, family room, recreation room, office, bedroom, bathroom or workshop. This 108 prohibition does not apply to new improvements that are not substantial to post FIRM 109 structures rendered noncompliant by amendments to the flood insurance rate map as long 110 as the improvement is at the same elevation the structure was originally built to; ground 111 level structures whose initial construction began prior to January 1, 1975; and those 112 structures that are listed on the National Register of Historic Places, the Florida Inventory 113 of Historic Places or any inventory of local historic places. “ Monroe County staff found 114 an apartment containing a kitchen, living room, bedroom and bathroom, as well as a 115 storage room and garage. 116

117 In addition to the violations cited in the 7/13/11 Monroe County Community Inspection Report, 118 if the variance request would be granted, the following code provisions would be violated: 119 120 121

1. Violation of 122-4(a), “No building permit for proposed construction or development 122 activity within an area of special flood hazard shall be granted, by the Building Official 123 or the Floodplain Administrator, unless the proposed new construction is in compliance 124 with the standards set forth in this chapter.” Including the subsections (8), “Any 125 alteration, repair, reconstruction or improvement to a structure that already is in 126 compliance with the provisions of this chapter shall meet the requirements of new 127 construction as contained in this chapter” and subsection (9), ” Illegal or nonconforming 128 uses, structures, and construction below elevated post-FIRM buildings shall not be 129 expanded or improved or repaired from damages of any origin and no building permit 130 shall be issued for any improvements to below base flood enclosures, other than for 131 demolition or a permit to remedy a life safety hazard, unless the structure is brought into 132 compliance with this chapter”. 133

2. Violation of section 122-4(b)(1)a., ” New construction and substantial improvement 134 of any residential structure shall have the lowest floor for zones A1-30, AE and AH or 135 bottom of the lowest supporting member of the lowest floor for zones V1-30, VE or V 136 elevated at or above the base flood elevation level. “ 137

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3. Violation of section 122-4(b)(1)d. ,” Except as noted in subsection (b)(7) of this section, 138 the space below the lowest floor of an elevated structure shall be used exclusively for 139 parking of vehicles, elevators, limited storage or building access purposes.” 140

4. Violation of section 122-4(b)(1)d.7. “The area enclosed below the base flood elevation 141 shall not be used for human habitation. 142

5. Violation of Section 122-4(b)(5)a., . .” New construction or substantial improvements 143 within zones V1-30, VE or V shall be elevated so that the bottom of the lowest 144 horizontal structural member of the lowest floor (excluding pilings or columns) is 145 located at or above the base flood elevation level, “ 146

6. Violation of section 122-4(b)(5)b. , New construction or substantial improvements shall 147 be securely anchored on pilings or columns” 148

7. Violation of section 122-4(b)(5)g., If any space below the base flood elevation level is to 149 be enclosed, such enclosed areas shall not be used for human habitation and must meet 150 the provisions of sections 122-4(b)(1)d.1., (b)(1)d.2 -8 and (b)(5)a.“ 151

8. Violation of section 122-4(b)(5)h, “Prior to construction, plans for any structure that will 152 have enclosed space below the base flood elevation level shall be submitted to the 153 building official or his designee for approval.” 154

9. Violation of section 122-4(b)(5)k., “Any alteration, repair, reconstruction or 155 improvement to a structure shall not enclose the space below the base flood elevation 156 level except as provided for in sections 122-4 (b)(5)g. and (b) (5)i. of this section.” 157

158 159 Further, as no permit was obtained for the improvements below the base flood 160 elevation(downstairs enclosure) found added to the site in 1999,(based on the property appraiser 161 license). Monroe County permitting records indicate no permit was obtained as required by 162 Chapter 6, Section 6-100 Building Permit Requirements, 163 164

1. 6-100(a) Applicability. A building permit shall be required for all work shown in the 165 following table, where specifically exempted by this section and section 104 of the 166 Florida Building Code. . All work subject to the floodplain management requirements of 167 part II of this Code”. 168

2. Section 8-37 Passage of four years a bar to prosecutions (a) All prosecutions before 169 the code compliance special magistrate shall be initiated within four years of the 170 occurrence of the event complained of or be forever barred. For the purpose of this 171 section, the term “initiated” means the filing of a notice of violation, issuance of a notice 172 to appear , or issuance of a civil citation by the code compliance department. Except 173 however, that tis section shall not bar the initial of a prosecution before the code 174 compliance special magistrate based on the following: (1) The unlawful construction of a 175 structure below the base flood elevation level or the minimum standards of use of a 176 below base flood elevation structure as outlined in 44 CFR, (2)Determination by the 177 building official or his/her authorized designee of an unsafe building, structure or system 178 as provided in Chapter 6, Section 6-27 of the Code.” 179

180 Even if the variances are granted, violations will still exist for the work done without a permit 181 and 4 year bar of prosecution. Therefore, to become fully compliant, if variances are granted, the 182

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owner will still be required to obtain After the Fact permits and if those are not obtained, a 183 violation will still exist. 184 185

186 The National Flood Insurance variance criteria adopt the general principal of zoning law that 187 variances pertain to the specifics of a property and are not personal in nature. A properly issued 188 variance is granted for a parcel of property with physical characteristics so unusual that 189 complying with the ordinance would create an exceptional hardship to the applicant or the 190 surrounding property owners. Those characteristics must be unique to that property and not 191 shared by adjacent parcels. The unique characteristics must pertain to the land itself, not to the 192 structure, its inhabitants, or the property owners. 193 194 In accordance with Section 122-5 – Variances to the floodplain management requirements: 195 196 (a) Generally. Where, owing to special conditions, a literal enforcement of the floodplain 197 management provisions of this chapter would result in exceptional hardship unique to that 198 property or proposed project, the board of county commissioners may grant variances from the 199 terms of those provisions as will not be contrary to the public interest, will be in harmony with 200 the general purpose and intent of this chapter, and will be the minimum variance that will allow 201 reasonable use of the property. 202 203 (b) Procedures. 204 (1) An application for a variance from the provisions of this chapter for development in an area 205 of special flood hazard shall be filed with the building department at the time of application for a 206 building permit. 207 (2) Within ten days of receipt of a complete application for a variance from the terms of the 208 floodplain management provisions of this chapter, the building official shall review the 209 application, and submit a report and recommendation to the board of county commissioners. 210 (3) The board of county commissioners shall review the application and the reports and 211 recommendations of the building official and consider granting the variance in accordance with 212 the conditions set forth in this section 122-5(c). 213 214 (c) Conditions. 215 (1) Variances shall be issued only upon a determination that the variance is the minimum 216 necessary, considering the flood hazard, to afford relief, and only upon all of the following 217 conditions: 218 a. A showing of good and sufficient cause; 219 b. A determination that failure to grant the variance would result in exceptional hardship to the 220 applicant; 221 c. A determination that the granting of a variance will not result in increased flood heights; result 222 in additional threats to public safety; result in extraordinary public expense; create nuisance; 223 cause fraud on or victimization of the public; or conflict with other provisions of this chapter or 224 this Code; and 225 d. Specific written findings linked to the factors below. 226 (2) The following factors shall be relevant in the granting of a variance: 227 a. Physical characteristics of construction; 228

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b. Whether it is possible to use the property by a conforming method of construction; 229 c. The possibility that materials may be swept onto other lands to the injury of others; 230 d. The danger to life and property due to flooding or erosion damage; 231 e. The susceptibility of the proposed facility and its contents to flood damage and the effects of 232 such damage on the individual owner; 233 f. The importance to the community of the services provided by the proposed facility; 234 g. The necessity to the facility of a water-dependent location, where applicable; 235 h. The availability of alternate locations less subject to flooding; 236 i.The compatibility of the proposed use with existing and anticipated development; 237 j. The relationship of the proposed use to the comprehensive plan, land development regulations 238 and the floodplain management program for that area; 239 k. The safety of access to the property for ordinary and emergency vehicles in times of flood; 240 l. The expected heights, velocity, duration, rate of rise, and sediment transport of the floodwaters 241 and the effects of wave action, if applicable, expected at the site; and 242 m. The costs of providing governmental services during and after flood conditions, including 243 maintenance and repair of public utilities and facilities such as sewer, gas, electrical and water 244 systems, and streets and bridges. 245 246 (3) When the board of county commissioners considers the propriety of granting a variance as 247 permitted by this chapter, the following factors shall not be considered relevant: 248 a. The physical disabilities or handicaps and health of the applicant or members of his family; 249 b. The domestic difficulties of the applicant or members of his family; 250 c. The financial difficulty of the applicant in complying with the floodplain management 251 provisions of this chapter; or 252 d. The elevation of surrounding structures. 253 254 (4) Any applicant to whom a variance is granted shall be given written notice by the board of 255 county commissioners specifying the difference between the base flood elevation and the 256 elevation to which the structure is to be built and stating that the cost of flood insurance will be 257 commensurate with the increased risk resulting from the lowest floor being located below the 258 base flood elevation. 259 (5) All variances issued shall require that an owners affidavit be prepared, and recorded with the 260 clerk of the circuit court, which shows that the proposed construction will be located in a special 261 flood hazard area, the number of feet that the lowest floor of the proposed structure will be below 262 the base flood level, and that actuarial flood insurance rates increase as the lowest floor within A 263 zone and the bottom of the lowest horizontal structural member of the lowest floor within V 264 zones elevation decreases. 265 (6) The building official shall maintain records of all variance actions and annually report any 266 variances to the Federal Emergency Management Agency. 267 268 STAFF REVIEW OF MINIMUM NECESSARY CONDITIONS under 122-5 (c) 269 (1) a. – d.: 270 271 a. Showing of good and sufficient cause: 272 273

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The applicant has not demonstrated good and sufficient cause. The applicant claims that her 274 upstairs is too small for the entire family to live comfortably and that her daughter currently lives 275 downstairs. Further due to her physical condition, she would soon be forced to inhabit the below 276 base flood elevation enclosure, because of the difficulty she anticipates in getting up the 277 staircase. The Federal Guidelines for Local Variance and Appeal Boards state that 278 inconvenience, aesthetic considerations, physical handicaps and financial situations as a rule 279 cannot qualify for a variance. These issues can be resolved by adding on to the existing house 280 or by the installation of a chair lift or elevator 281 282 b. A determination that failure to grant the variance will result in exceptional hardship to the 283

applicant: 284 285 Exceptional hardships are relative to land and not property owners. An exceptional hardship 286 would pertain to a parcel of property with physical characteristics so unusual that complying 287 with the ordinance would create the hardship. The characteristics must be unique to the 288 property and not shared by adjacent properties so as to NOT establish a precedent to granting 289 similar variances. There are no geological conditions peculiar to this property and not shared 290 by other properties which would create an exceptional hardship which would prevent Ms. Kuhn 291 from using her property in a compliant manner. FEMA’s Guidelines for Local Variance and 292 Appeals Boards Hardships (Section 60.6(a)(3)(ii)(attached) states: “For example, a situation in 293 which it would cost a property owner several thousands dollars more to elevate a house to 294 comply with the ordinance and an additional several thousand to build a wheelchair ramp or an 295 elevator to provide access to that house for a handicapped member of the family might at first 296 glance seem like the sort of problem that could be relieved by a variance. However, while 297 financial considerations are always important to the property owners, and the needs of the 298 handicapped person certainly must be accommodated, these difficulties do not put this situation 299 in the category of “exceptional hardships” as they relate to variances.” (see attached document 300 for additional information on exceptional hardships) 301 302 c. A determination that granting the variance will not result in increased flood heights, 303

additional threats to public safety; extraordinary public expense; nuisance; fraud on or 304 victimization of the public, or conflict with other provisions of this chapter. 305

306 This property is located in a VE flood zone, which is the more hazardous of flood prone areas. 307 The current unpermitted construction of this enclosure could very well increase the possibility of 308 increased flood heights, and additional threats to public safety. If a variance is granted based on 309 a handicap, other variances on the same criteria may follow setting a precedent and establishing a 310 history which may jeopardize the County’s participation in the National Flood Insurance 311 Program which could result in extraordinary expense to the taxpayers of Monroe County. In 312 addition, persons occupying flood prone areas raise a critical public safety concern. It would be 313 essential that elderly or handicap persons leave when an evacuation notice is issued. If flood 314 waters begin to rise, and unforeseen circumstances prevent evacuations he or she may be 315 helpless and in harm’s way. Not only would this pose unnecessary danger to handicapped 316 persons but it places an extra demand on the emergency management personnel who may be 317 called to the rescue. As a result, the County may be faced with liability. In this instance the 318 elderly or handicap person would be safer in the elevated part of the home. In addition, the 319

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granting of this variance will significantly increase the yearly flood insurance on this property. 320 The current owner as well as future owners may purchase this property unaware that it is subject 321 to higher insurance rates. 322 323 REQUIRED RELEVANT FACTORS IN GRANTING VARIANCE under 122-5 324 (c) (2) a. – m.: 325 326 a. Physical characteristics of construction; 327 328 The building is an elevated building on stilts at the correct base flood elevation. Permit Number 329 A4144 was issued in 1978 for a one story elevated single family residence on a column 330 foundation. Currently there is a 1427 square foot apartment below the elevated house which was 331 unpermitted and does not meet the previous or current floodplain codes. 332 333 b. Whether it is possible to use the property by a conforming method of construction; 334 335 The subject property can be used in a conforming manner. An elevator or lift may be installed 336 and the elevated permitted house could be enlarged to accommodate a larger amount of 337 residents. The lot the house is located on is a large lot and the house is only one elevated floor. A 338 second story could be added above the first story or the first story could be expanded to add 339 additional bedrooms. These options would allow Ms. Kuhnke to accommodate all the members 340 of her family, prepare for her anticipated physical condition and for the structure to be in 341 compliance with the floodplain regulations. 342 343 c. The possibility that materials may be swept onto other lands to the injury of others; 344 345 The fact that this enclosure itself is illegal non-conforming already leaves the possibility of the 346 non-conforming construction materials being swept onto other lands. Because the enclosure 347 was not permitted nor inspected, the County does not know whether the structure was built with 348 proper materials or if it was built to the regulations and codes in effect. Additionally, those 349 materials and household furnishings/furniture associated with living in the enclosure would 350 further exacerbate the flood impact possibilities. A VE zone storm surge with heights of 11’ 351 above mean sea level with higher than three foot waves on top of that makes this an extremely 352 hazardous place to occupy. The existing unpermitted construction has not been engineered to fail 353 at the required safe load design, meaning the existing construction could cause even further 354 damage to the elevated portion of the house as well as to adjacent properties and structures. 355 356 d. The danger to life and property due to flooding or erosion damage. 357 358 As stated in 1.c., if flood waters begin to rise, and unforeseen circumstances prevent evacuations 359 an elderly or handicapped person may be helpless and in harm’s way. Handicapped persons are 360 safer in an elevated home but even safer if evacuated. Additionally the risk to emergency 361 personnel would be increased by the danger a flooded unpermitted structure with electric would 362 pose. 363 364

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e. The susceptibility of the proposed facility and its contents to flood damage and the 365 effects of such damage on the individual owner; 366

367 The lower enclosure as well as the elevated house is susceptible to flood damage. The flood 368 zone is eleven feet above mean sea level (VE 11) and the average ground elevation 5 feet above 369 mean sea level. This means there is a one percent change in any given year that the property 370 could be submerged by 6 feet of floodwaters. The damages sustained would not be covered by 371 flood insurance and must be absorbed by the individual owner. If the owner is not financially 372 able to absorb the costs, then the costs would fall to the County. 373 374 f. The importance to the community of the services provided by the proposed facility; 375

376 This is not applicable. 377 378 g. The necessity of the facility of a water dependent location where applicable; 379 380 This is not applicable. This is not a water dependent facility. 381 382 h. The availability of alternative locations less subject to flooding; 383 384 The elevated building and the enclosure is already in place. The best available alternative would 385 be the completed demolition of the enclosure so that the elevated portion of the house would be 386 less subject to flooding and velocity storm surge debris impact. 387 388 i. The compatibility of the proposed use with existing and anticipated development; 389 390 A variance to allow a habitational use in an unpermitted enclosure below the base flood elevation 391 is not compatible with existing or anticipated development. Furthermore, it is in violation of the 392 County’s floodplain codes, the Florida Building Code as well as the Federal floodplain 393 regulations. 394 395 j. The relationship of the proposed use to the comprehensive plan, land development 396

regulations and the floodplain management program for the area; 397 398 Habitable floors below base flood elevation under elevated buildings are inconsistent with the 399 goals, objectives and policies of the Monroe County Year 2010 Comprehensive Plan and the 400 Monroe County floodplain management program. Policy 101.8.1 prohibits the expansion of 401 nonconforming uses. Policy 217.1.6 requires enforcement of federal, state and local setback and 402 elevation requirements to promote protection and safety of life and property. Policy 217.1.5 403 promotes participation in the Community Rating System and seeks to improve the current CRS 404 Class 9 rating. 405 406 k. The safety and access to the property for ordinary and emergency vehicles in times of 407

flooding; 408 409

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Coastal floods are generated by hurricanes in Monroe County. In the event of flooding from 410 hurricane conditions, the property would not be accessible for emergency vehicles. In the event 411 that emergency vehicles are not able to respond and the County has knowledge of the risk, then 412 the county may be exposed to liability in the event the flood or enclosure injures a handicapped 413 person. 414 415 l. The expected heights, velocity, duration, rate of rise and sediment transport of the 416

floodwaters and the effects of wave action, if applicable, at the site; 417 418 There is a 1% chance in any given year this site could experience flood waters reaching 11 (VE 419 11) feet above mean sea level. The average ground elevation at this site is 5’ MSL. This 420 specific site could be inundated with up to 6 feet of flood water. In coastal high hazard areas, 421 the National Flood Insurance Program requires that all new buildings be elevated to or above the 422 base flood elevation. Foundations must be designed to allow water moving at high velocity and 423 waves to flow beneath the elevated superstructure of the building. The result is that floodwaters 424 transfer only minimal forces to the foundation system and flood damage is minimal. Any 425 obstruction beneath an elevated building can eliminate the free flow of the coastal storm surge 426 and direct the floodwater into the elevated portion of the building or into adjacent buildings. The 427 result is generally structural failure of the buildings. Also, debris impact and flood borne 428 contaminants associated with coastal flooding would be expected. 429 430 m. The cost of providing governmental services during and after flood conditions, 431

including maintenance and repair of public utilities and facilities such as sewer, gas, 432 electrical and water systems and streets and bridges. 433

434 The elevated building was built prior to the more stringent building codes being in place. 435 Therefore, the home should not to be occupied during hurricane conditions. The occupants 436 should evacuate when an evacuation order is given. There could be additional cost of providing 437 government services in the case of the structure failing and the debris impacting/blocking other 438 nearby properties. 439 440 FACTORS THAT SHALL NOT BE CONSIDERED BY THE BOARD OF 441 COUNTY COMMISSION IN GRANTING VARIANCE under 122-5 (c) (3) a. – 442 d.: 443 a. The physical disabilities or handicaps and health of the applicant or members of his family; 444 b. The domestic difficulties of the applicant or members of his family; 445 c. The financial difficulty of the applicant in complying with the floodplain management 446 provisions of this chapter; or 447 d. The elevation of surrounding structures 448 449 450 CONCLUSIONS: 451 452 In conclusion the staff has determined that the applicant does not meet the criteria for a variance 453 established in Section 122-5 of the Monroe County Code. There is a very real possibility that the 454

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issuance of this variance, against staff recommendation could result in probation or suspension of 455 the Community from the National Flood Insurance Program, which would jeopardize not only 456 any federally backed mortgages held by County citizens but also any federal grant, loan, 457 allocation and aid to the County. 458 459 460 RECOMMENDATION: 461 462 Deny the variance request. 463 464

07/06/2011 9 Aquamarine Drive

CE11070056 Inspector: Rodriguez-Fito

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