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RESOLUTION 93-20698 (2) T TPms buTqun000p oT Tgnd paTm.zao .Io buTaaauTbua 'a.IngoagTma-I2 'MPT go suoTssaJo.ld amq. buTquasaidai aaguiauz Auy •mzPag TuIPTW go A r amq uTqmM Agaado.Id 3o ,IauMo UP puP ssauTsng Tu.Iauab 'quauzdoTanap agpgsa Tua.I 'MPT :saT.Ioba:uo buTMoTTo; am4 go auo qua.IajJTp P uzO.IJ pagoaTas mopa 'siaquzauz TPuoT4TppP (c) ea.zmq. pup .IaauTbua (T) auo 'goagTmo.i (T) auo apnTauT T TPms s.Iaquzauz buT;on ams •,Iabpupy1 A T O atiq Aq paquT oddp as T T Pms s.Iaauzauz buT qon (5) anT g ams •aaguzauz oT3Tggo-xa (T) auo pup uoTgpsuaduzoo gnofl.TM an.zas 'Tugs oqM s.zaguzauz buTqon (5) amg go pasoduzoo as TTPms piPog aqj, •saagtuaw ;o suoTgeo-uTTena pue uoTgTsoduto3 • Z uoTpoas •paquaio Agaiam sT pipog quauzabpupw uTPTd pooTd mopag TuzpTW go A4TO ams •pavoa quamebeuvw uTeId pooT3 •T uoTpoas KQI2I0'I3 'HOKaa IwIw 30 xaIO aHs 3O NOISSI10100 ALIO aHs X8 QaA'IOSaui =CI SI as 'auO3aUaHs 'MON T 'A TO ami uTtpTM saTgaado.Id go uoTquq TTapua.z pup quatudoTanap abp.znooua TTTM pup IUP.Ibo.zd aoupansui pooTj TPuoTgPN amq. uT e udT3Tq.IPd o; A TO am. aTgPue TTTM papog amq. go uoTqua.Io amp 'svauaHM pup :SuazT4To go pasoduzoo ag pauog pTPs gulp papuammooaa sPq (vwa3) Aouabv quauzabpupw Aouab.Iauta T P.Iapa3 0144 'svaHaHM puP :A TO am. Aq pausTTqugsa su p.Ipog quauzabpuPw uTPTd pooT3 P Aq papToap ag oq suoTqPTnba.I ami go suoT.PqaadaaquT anTquagsTuTuzpP uzo.IJ sTpaddp pup suoTgpinba.i mons uzo.IJ SODUPT IPA to; s4sanba.I JOJ buTpTno.Xd pup SPOJP pLtPzug poor; uT4-4TM quauzdoTanap 1oj suoTquinbaa buTmsT Tqugsa Z Z 8 Z-Z 6 '0N aouPuTp.IQ paq.dopP 'PpTaoTJ TuzPTW ;o A TO ami go uOTSSTLULUoD 'qTD ami ' Z66T ' Z .zaautaoau uo 'SKa2IaHM •SaDNYIU`dA QNd Srwaaav 3o SSSOO ONIX Idaa 2IO3 5333 arm HOIs'Iaao SSI iIO3 SailncaOoua JN I H S I'I gvs S a UNI 'S a l ala UNTd 'S 1 aMOa 'aIHs IaaWaW SSI oNIaI2IOSaua 'cnwoa SNaWaO inial MIKCIH QOO'Id aHs ONISKa2IO '`dQ I2IO'I3 'H3\aa IW IW 3O XS I O am 30 NOI S S IWWOO ALIO aria, 3O KOI sn'Ios au �d 86902-86 'ON NOIsn'IOSa2I t I I [ r be duly licensed by the State of Florida. The member representing general business shall be of responsible standing in the community. Voting members of the Board must be either residents of or have their principal place of business in the City of Miami Beach. The City' s Building Official shall be an ex-officio member; the ex- officio x-officio member shall not have voting privileges and shall not be counted in determining a quorum. The City Attorney' s Office shall serve as legal advisor to the Board. Section 3. Terms of Office. The voting members of the Board shall be appointed by the City Manager with the consent of a majority of the Mayor and City Commission. Members may be removed by the City Manager at any time without cause, notice or hearing. Unless sooner removed by the City Manager, said members shall serve for a term of six (6) months. In the event of a vacancy on the Board, a new appointment shall be made for the unexpired portion of the term by the City Manager upon consent by a majority of the Mayor and City Commission. Section 4 . Organization, Quorum Voting Requirements. The members of the Board shall elect a chairperson and such other offices or may be deemed necessary, who shall serve at the will of the Board. Four (4) members of the Board shall constitute a quorum. The concurring vote of four (4) members shall be necessary to reverse or affirm a decision or determination of the Building Official or approve a request for a variance. Regular meetings shall be held once monthly; however, in the event that no administrative appeal or variance request has been filed for any given regular meeting, that meeting need not be held. Special meetings may be held at the call of the chairperson or by written request of three (3) members. The Board shall adopt its own rules of procedure not inconsistent with this Resolution and with Ordinance No. 92-2822 as amended, and shall keep minutes of its proceedings showing its action on each question considered. 2 3/,4145 3 Section 5. Duties and Powers of the Board. The Board shall have the following duties, functions, powers and responsibilities: (a) To hear and decide appeals when it is alleged that there is an error in any requirement, decision or determination made by the Building Official in the enforcement of Ordinance No. 92-2822 as amended, according to the requirements and procedures set forth in Section 8-14 therein and in this Resolution. In exercising this power, the Board may reverse or affirm, wholly or partly, the requirement, decision or determination from which the appeal is taken. (b) To hear and decide requests for variances from the provisions for flood hazard reduction as set forth in Section 8-16 of Ordinance No. 92-2822 as it may be amended, according to the requirements and procedures set forth in Section 8-15 therein and in this Resolution. In grantinga variance, the Board may prescribe appropriate conditions and safeguards. (c) To consider and act upon any and all matters referred to it byCity the Commission or by provisions of any City of Miami Beach Ordinance. Section 6. Conflict of Interest. Members of the Board shall abide by the applicable provisions of Chapter 112 , Florida Statutes (1991) , as amended, the Metropolitan Dade CountyCode and the Code of the City of Miami Beach, and subject be subject to removal from office for the violation of the terms thereof. Section 7 . Procedure. In addition procedures the set forth in Sections 8-14 and 8-15 of Ordinance ce No. 92-2822 , the following procedures shall be followed by the Board. 3 (a) AnyPerson appearing before the Board on an application for a variance or an application for an appeal of a decision of the Building Official shall be administered the following oath by any person duly authorized under the laws of Florida to administer oaths: "I , do hereby swear, under oath that any and all testimony to be given by me in this proceeding ing i s the truth, the whole truth, and nothing but the truth, so help me God. " Any Person giving false testimony before the Board on an application for a variance or on appeal of a decision of the Building Official shall be subject to the maximum penalty provided by law. (b) Upon on the withdrawal or denial of an application for a variance, no new application may be filed for such variance within six (6) months following such withdrawal or denial, unless, however, the decision of the Board taking anysuch final action is made without prejudice, or unless the withdrawal of such application is permitted to be made without prejudice. An application may be withdrawn without prejudice by the applicant as a matter or right, if such request is signed by the applicant and filed with the Building Official prior to the giving of any required notice; otherwise, all such requests for q withdrawal shall be with prejudice, save and except that permit Board may withdrawals without prejudice at the time the application for said variance is considered by the said Board; provided further, that no application may be withdrawn after final action has been taken. Section 8. Fees. The following fees are established for the purpose of defraying expenses and costs in connection with variance requests; it is alleged there is an error in any requirement, decision, or determination made bythe Building Official ; or a request for 4 the Board to clarify a condition, finding, or amend a decision. (a) Appeal eal from a decision $250 of the Building Official q (b) Variance request-Single $150 filing fee Family y Residence plus $80 for each individual variance requested (c) Variance request - $600 filing fee plus Multi-family, Commercial, $150 for each Industrial or Mixed-Use individual variance Development properties requested (d) Deferment requested by $80 per variance applicant for variance for Single-Family residence (e) Deferment requested by $80 per variance but applicant for variance not less than $150 for Multi-Family, Commercial , Industrial or Mixed-Use property (f) When an applicant requests a clarification, extension of time, an amendment to a previous Board decision, or any other request that is not a variance or an appeal of a decision of the Building Official, a fee of $150. 00 shall be assessed. Public notice requirements shall be the same as for the pertinent appeal or variance. The applicant shall also pay the proportionate cost of any required advertisements. (g) If a request for a deferral is approved by the Board and not at the request of an applicant, there will not be an additional fee. (h) If the applicant withdraws his application after it has been accepted bythe Building Official, the City shall p refund 50% of all required fees and no further refund shall be made. 5 • etFederal EmergencYManagementemcnt gcncy ,c,, :4,21 Region IV 1371 Peachtree Street, NE Atlanta, Georgia 30309 4140 F'�q► Gt1IDSOL1'IW0cAL vJ14SIgiBR In circumstances where compliance r�r `�� out Y , regulations pose an exceptional hardship, Y� • after examining for a variance.the applicant's hardship, disapprove or a3sapPrs a request Although FM does not set forth absolute criteria for grantirg variances trhcn the provision of Title 44, Sections 60.3, 60.4 ani 68.5, the e following general standards have been established in Section 60.6 (a): 1. An applicant has good and sufficient cause for requesting a variance; 2. An applicant will suffer exceptional hardship should a variance be denied; 3. A variance will not cause increased flood heights, a8ditereat�e ional threats to public safety, extraordinary' Pablic expense, nuisances. cause "d victimization �lic. or conflict with ��t�9local laws odinance 4. A, vcucianoa is the minima= rraoeassrY, considering the flood hazard, to afford relief. 'the ycantiny of variances La a local decisionother that ssust provisions the oomauiltY based on not only tF� criteria, but also on State law ��� to review rave additional y wish to require. It many be r regarding variances � the t� background intonation we have �°�0� �� � position on issues such variance criteria in order to fully � as this. Nature of Variances The NFIP mimics criteria ars based on the general principal of zoning law that variances pertain to a piece of propertY and ars nog�erwnal in nature. Though standards vary trcn State State7inproperly issued variance is granted for a parcel tYwithphysicalcbscacteristica so unusual that oonplyin9 �ththe ordinance would create an t amara. exceptional hardship to the applicant or the surraud� °�cbe shared by Those characteristics must be unique to that property adjacent parcels. The unique characteristic nugt pertain to the land A itself, not to the structure, its inhabitantsor the property asis and variance should be considered on an individual case by al a multi-lot or division basis. Examples of the kinds of characteristics that might give rise to a hardshi,P that might justify a variance to certain �rxli � or �ordinances would include an irregularly shaped acaittunstabi� or a al surface. It is parcel with an unwa to geologic physicalground conaition below the�Y characteristic that would give difficult, however, • I ora earance by the applicant before the Board (i) A hearing pp shall not be scheduled or permitted until the Building Official has determined that the application is complete and all fees have been paid. PASSED and ADOPTED this 20th day of January 1993. f OP / ATTEST: Ipir P YOR '1610\c4-,A E %Nrliv‘.1%",. FORM A S RO ED CITY CLERK LE1L ) ' 'T. -- %,13 .r/1Ldh.L. `r C;(2 Date V6 l/i Y -3_ SWS:scf:disk1\floodpin.res 6 -2- a variance to a f1O0d elevation rse to a hatde�iP sufficient to justifYe��1R is the case of a very small raquicement. �► frequently encounteredlow, on v�hid► buildings haus been undeveloped lot completely surrounded bST�t requires that new buildings be constructed at grade, s� an ordinance rsae. z� the owner veva to constructed at a level several test above drain onto the neighbors' property. elevate the house on flit. the lot might only undeveloped• In this case, the size of the lot std its situs as result in in a hardship. in the vicinity are the a���ri� that could warrant a variance because, Avweves, this ��tua�ti� still ptexceptional �.a�P���:�� since as is discussed below, the ower does not face an leim (elevation on there are many other Kays to alleviate the drainage � trait adjoining pilings or a crawl fillspacgrading. gradingthe dra to in away properties, etv? • Our manual, El°�� �51dential Structures and the Corps ich of Engineers' !1 =� � �be overcome en designing a►r�d building houses that must be elevated. • various site-spec a P'� Individual Bardship va. Csn�mitY Gals In determining Mi whether or not an applicant has established an exceptional hardship sufficient to justify a variance, the local board weights the applicant's hardship against the purpose � the ordinance. In the case of f variances from a flood elevation requitement, this would mean asking which is sore serious' the Hardship that this individual applicant would face, o r the community's need for strictly ° stthat protect its citizens from the dangers and damages of flooding? Onlya truly t of an j, flvtdue1 property would exceptional, unique hardship an the pec f� of an ordinance designed pessuade local officials to set aside 'the hardship might not have to with the whole cararunitY's safety in mina. variance to a setback be so severe if the scant were seeking a ordinance, for instmnvs, which was inter:le+ am=4: to slpplify street repair and ma3ln-cations. In the course of considering variances to flood protection ordinances, however, local boasds continually ��pplicuits whose face the ware digticult task ot freque�ntlY having to deny requests Isonal circumstances evoke ssi�� but whose hardships are simply not pe �fficient to justify deviation from eomimuiitY-rride flood damage prevention requirements. BatdshlP tSection 68.6��3It11� The hardship that would result frau failure to �t ��ted variance must be acceptiosal, unusual. ana peculiartAs �= �lved. Mere economic or financial hardship alone is not exceptional. ic►oonvenierrce, aesthetic considerations, physical tantlieaps• Personal preferences, or the diaeProval of one's neighbors likewise cannot, as as exceptional hardships. All of the problems can resolved other f the meatus, without granting a variance. This is so even a var ancx►,�or if mews ere mores expensive or complicated than they require the property owner to pit the parcel to a different use than originally inkerrJed, or to build his or ben bane elsewhere. 1 \1 MODE CONNECTION TEL CONNECTION I D 12A30 16M11 E USO4E38 PAGES N�ESULT MEMORY RX 404 853 4440 6 it037 9 -3- For example, a situation is which it Mould cost a property wner several thousand dollars gore to elevate a house to comply with the ordinance and an a3aitiona►1 ccvecal thousand to build a wheelchair ramp or an elevator to provide access to that house for a hamdicapped member of the Easily might at first glance seem like the sort of problem that could be relieved by s variance. However, while financial vw=siderations are always iuFortant to property owners and the needs of the baaflcappsd person certainly must be accommodated, these difficulties do not pit this situation in the category of 'eacxptivrsal hardships" as they relate to variances. This is because, first, the characteristics that result its th:4 hardship ate personal (the physical condition and financial situation of the e who propose to live an the property) rather than pertaining to the proper itself. Secaxl, the problem of day-to-day access to the building can be al eviated in any oneof a timber of ways (going to the additional expense of.builai.nQ a raw or an elevator), without granting a variance. Third, the situation of handicapped persons occupying flood-prune housing raises a'critical public safety concern. If a variance is granted and the building is constructed at grad, it will be absolutely critical that the handicapped or infirm person evacuate when flood waters begin to rise, yet he or abs posy be hapless to do so alone. Not only does this pose an tuuecessary danger to lacd icappad persons but also it places an extra dermal an the cusacality's emergency services personnel who may be rolled upon during the early stages of the fined to rescue Chum. In contrast, if the building is properly elavatod, the handicapped person can still be evacuated it there is sufficient warning and assistance available. If there is not, that person can, in all likelihood, survive the flood simply by remaining at hams safely above the level of the noodle/item. More simply, the property owner's difficulties would not really be relieved by the valance, but likely only Postponed and perhaps ultimately increased. It would be iota yrudee t over tbs long run both for the property owner and the community, If the variance were denied and the homy built at the proper elevation with handicapped access• his will ensure the safety of all family meters when flood Matters rise and also protect individual and community investment in the property, as discussed below. Public e arra N14!ancel igi.gLai(3)i4!t)1 Variances uwt not result in additional threats to public safety or create nuisances. As mentioned above, local flood damage prevention ordinances (including elevation requirements) are intended to help protect the healtb, safety, well-being, and property of the local citizens. This is a long- range community effort usually uredo up of a combination of approaches such as adequate drainage systemes, warning aid evacuation plars, keeping new property—especially homes—above the flood levels, and participating in an insurance program. Theme long-term goals can only be mot if exceptions to the laws are kept to a bate minims. 10 • -4- Fraud and Victimisation 66.6 (3� (1i1ZL Properly granted variances gust not cause fraud on or victimization of the public. in examining this regaireaoent, local board should consider the fact that every newly constructed building airs to local government responsibilities and remains a part of community ��for t ucted bto elow one- hundred years. euil0ings that are permitted s to increased risk of base flood elevation are subject during all ttwse Year damage from floods, while future owners of the property and the community as a rbo;,e ara mibje='t :o 611 the coetst ;nconveniencer danger, and suffering that thou increased flood damps bring. In addition, future owners may • chase the praperkY, unaware that it is subject to potential flora •:...:•Qs, and can be insured only at very high flood insurance rates. p�i� � to llfford f�eliei X60.6a) (1) The variance that is granted should be for the áInbmsD deviation frac the local requite,eQr►b that will still alleviate the hardship• In the case of variances to an elevation requirement, this means the board need not grant permission for the applicant to build at grafi, for examp1e, or even to whatever elevation the applicant propos.s, but only to that level that the board believes will both provide relief and preserve the integrity of the local ordinance. Insurance Rates vmile the building sterdarde in a local ordinance issY be altered variance, the enforced means of a the flood insuraio� t�quir�o�t� which gust by ling institutions, cannot he waived and thus nay areata severe financial consequences for the property armets. Insurance rates for structures built below BSE can be substantially higher than those for elevated structures. In many instances the abl� bacw�eates will tt� owr►Qrseso cannot4 � afford the the structure essentially premium. This may not matter to the original owner who applied for the variance in the first place, but it wry matter a groat Boal to subsequent potential owners who moat forego purchase of the Property, or to subsequent owners who cannot find buyers because of the high insurance rates, or to the that finds itself with large numbers of ac�llsble bous�s• In addition, if the property is not insured and cannot U. insured due to high actuarial rates, there may be no funds availably to repair the structure if is is eerieusly damaged by a flood. 'VIM disaster loons may not be obtainable if the flood insurance coverage required as a condition of the loan was available only at very high rates. The result may be that the present owner or future owner may choose to abandon the dama9ed house the house. rather than repair it since the damages may exceed-the equity in Moe local government and/or the holder of the norms are then left with the problem of one or more vacant, flood-damaged and essentially uninsurable houses. i1 I 11 i. I ZI `O•d 1d1O1 (99-T--c) AI WI= MQ --1A • • 1A s 20; Alliauallisq;s ma; Xiae 8� g au el •ale �doici� nB s92q 'l �w Td m 1 t p +atTo� a�� e �p� o say► �ttas�t! P1 suollunlis esoql WOE az: ���e s u� �� �� d � � two m 10 a�z6 ,�tia i oq a Sao,t�a�t�t o� p�bj�Q � � uoo pat��ap o�e q 111�odd atdTt ul' v a�o3�q � � � etp � s std 'OM e�S� � Qs Tn6 � amt g s� ���� � �� �1 30 u+o����ata �t3 $� zo s U 3 2 3 0in u Molls p p'OD� rw attest •�or'r.�s s fug $ i �= ssaua �� •���� os e� �T p4oT3 Taq 1 �z � o _ • as 51 eoot3 won 1 P Woo o sua����t� � � �� asn�a� �° 3 agog reoat 3o p� � flp a% ��o�g dta� 04 s�uaaus S •vuopvrTq =acro 30 sunapaat � �oZ�sd sv sa©u��A s ft 1 aAoo ;of r.� t s�sc asT� i '� u� j _ a 3 fl a fact u�ccp''� �o les 811 terns sa��tee► *IOU; , i4 idols �t � uo 1 d mot Uo lU4as tti� won Awl � IadOI �► �eug mist= wogs33�s samaras ro Bums-s: v1 Sxct , uo zo ole ��v�1 �3'� � ladxs ;awls�� tit suo � i - icug ��ua�o���CI Bowing al; wo=� � �, 6u�1apl stlao uI tds ma s � volution root a��t��n Move p sounerwit MIS tenlinPin • r ► i r • • , ' • CITY OF MIAMI BEACH (r CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139 OFFICE OF THE CITY MANAGER TELEPHONE: (305) 673-7010 FAX: (305) 673-7782 COMMISSION MEMORANDUM NO. TO: Mayor Seymour Gelber and DATE:January 20, 1993 Members of the City Commission FROM: Roger M. CL City Manag ��� SUBJECT: FLOOD PLAIN MANAGEMENT BOARD As the City Commission is aware, the City of Miami Beach, along with all other local municipalities, has assumed responsibility for Flood Plain Management within our municipal limits. As required by Federal Law, a Flood Plain Management Board must be established by January 20, 1993 . The accompanying Resolution provides for the establishment of the Board. Since the last Commission meeting of January 6, 1993 , the Resolution has been amended to provide for board members appointed by the City Manager to be confirmed by the Mayor and City Commission. At the Commission meeting of January 6, 1993 , a question was raised as to whether the City' s Planning Board or Board of Adjustment could perform the responsibility of the Flood Plain Management Board. While this may be legally accomplished, the time frame for amending our City's Zoning Code would take this process into May and we would not be able to implement the Federal requirement fin a timely fashion. Of course, we can continue to work on that process if the City Commission so desired. Accompanying the Resolution are the Federal Guidelines for the Board to follow along with a letter from F.E.M.A. indicating that the Resolution in your agenda materials is acceptable. RMC: jh Attachments 1 AGENDA ITEM DATE 12C -Q3 ORIGINALt RESOLUTION NO. 9_-20698 Creating the Flood Plain Management Board, {,,,,�,� prescribing its membership, powers, and duties, and establishing procedures for its operation and fees for defraying costs of appeals and variances. T •. t {