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    6. 1.    
Board of Adjustment
Meeting Date: 11/16/2016  
CASE:    V-2016-09
APPLICANT: Christopher K. Davis, Owner
ADDRESS: 300 E. Bogia Road
PROPERTY REFERENCE NO.: 43-4N-31-1002-005-004  
ZONING DISTRICT: RR, Rural Residential  
FUTURE LAND USE: RC, Rural Community

SUBMISSION DATA:
REQUESTED VARIANCE:

The Applicant is requesting a variance to the County's floodplain management three foot freeboard.  Freeboard is a factor of safety usually expressed in feet above a flood level for purposes of floodplain management. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

RELEVANT AUTHORITY:

Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section:
Chapter 4, Land Use Regulations, Article 2, Floodplain Management, Section 4-2.4 Duties and powers of the floodplain administrator.

CRITERIA

Land Development Code of Escambia County, Florida (Ordinance No. 96-3 as amended), Section 4-2.8 Variances and Appeals.
CRITERION (1)
The danger that materials and debris may be swept onto other lands resulting in further injury or damage.

FINDINGS-OF-FACT

Site visit reveals that the parcel is located approximately 3,500 feet from the western bank of the Escambia River. Based on the current FEMA Flood Insurance Rate Map (FIRM), the northern section of the parcel is dissected by a branch of Cotton Creek. The parcel itself is located within the FEMA Special Flood Hazard Area (SFHA) AE, Base Flood Elevation (BFE) 41 and 42. It appears, based on the available aerial photographs that the current mobile home structure is located in SFHA AE 41. Based on topographical data, it appears that the general drainage pattern flows from Hwy 29 towards the Escambia River, on an easterly pattern.

The potential exist that during a severe flood event, materials and debris may be swept onto other lands, to include the adjacent road and railway, causing further injury or damage. There are other properties and structures within a 500 foot buffer. The Freeboard is a factor of safety usually expressed in feet above a flood level for purposes of floodplain management, 3 feet in Escambia County. Freeboard tends to compensate for the many unknown factors that could contribute to flood heights greater than the height calculated for a selected size flood and floodway conditions, such as wave action, bridge openings, and the hydrological effect of urbanization of the watershed.

CRITERION (2)
The danger to life and property due to flooding or erosion damage.

FINDINGS-OF-FACT

Based on engineering and mapping studies conducted by FEMA, the location of the property is identified as a High Risk Area for flooding and such hazard prone vulnerability is reflected in the current adopted FEMA Flood Insurance Rate Maps.  In high-risk areas, there is at least a 1 in 4 chance of flooding during a 30-year mortgage. All home and business owners in these areas with mortgages from federally regulated or insured lenders are required to buy flood insurance. They are shown on the flood maps as zones beginning with the letters 'A' or 'V.'  The applicant's parcel is located in Special Flood Hazard Area AE 41 and 42.


CRITERION (3)
The susceptibility of the proposed development, including contents, to flood damage and the effect of such damage on current and future owners.

FINDINGS-OF-FACT

Based on the current adopted FEMA flood maps, the property is located in a designated High Risk Special Flood Hazard Area. Current flood maps reflect the data collected at the time of mapping and should be considered a “snapshot in time.” Changes to the land following the mapping (development or erosion) can drastically impact stillwater elevations; therefore, there is the potential that the modeled flood height is slightly higher than what is shown on the map. Efficient tools, such as freeboard, modify future susceptibility to damage or loss, both on floodplains that are not fully developed and on highly developed floodplains where older structures are being rehabilitated.

Freeboard Benefit -Cost Comparison- Incorporating freeboard into new construction is extremely cost effective. The up-front costs are generally only about 0.25 to 1.5 percent of the total construction costs for each foot of freeboard. However, the long-term savings on flood insurance will more than offset the costs. For example, adding 3 feet of freeboard to a new home might add $30 a month to the mortgage payment, or $360 per year. The resulting flood insurance savings could be more than $1,000 a year for a building in Zone AE (for instance, in a riverine flood zone not affected by wave action). 



CRITERION (4)
The importance of the services provided by the proposed development to the community.

FINDINGS-OF-FACT

This is a family residential district request, limited to the residential structure proposed by the applicant. There is no direct service importance by the proposed development to the community. 
CRITERION (5)
The availability of alternate locations for the proposed development that is subject to lower risk of flooding or erosion.

FINDINGS-OF-FACT

Based on the current FEMA FIRM the entire parcel is located in a designated Special Flood Hazard Area; regardless of the location within the parcel boundaries, the FEMA Base Flood Elevation requirements, as well as the 3 foot freeboard requirements will apply. There are many other parcels within Escambia County that are located in low-risk flood zones and not having the floodplain management or freeboard requirements. 

Although the applicant's parcel is located in a Special Flood Hazard Area, as depicted in the current Flood Insurance Rate Maps, FEMA has created a process by which property owners can directly request to FEMA for a change on the flood designation of the property; if the owner believes his property was erroneously assigned a flood zone and they're willing to provide FEMA with required evidence that the property will not be affected by a flood event, then FEMA will review and respond to the owner's request. The process is called a Letter Of Map Amendment (LOMA), available to all property owners. 

CRITERION (6)
The compatibility of the proposed development with existing and anticipated development.

FINDING OF FACT:

The request is for a single family residence. Staff query of building permits in Escambia County, within the designated Special Flood Hazard Area AE alone, for the past 12 months reflects 117 total permits issued, (commercial-residential-additions, new, moved and mobile homes), with zero request for variances of the floodplain management standards including the freeboard. The total amount of permits in all Special Flood Hazard Areas in the County was 225 for the same time frame. At this time, there is no anticipated development in the immediate area.

CRITERION (7)
The relationship of the proposed development to the comprehensive plan and floodplain management program for the area.

FINDING OF FACT:

The Escambia County Land Development Code clearly describes the purpose of the county's floodplain management regulations by establishing minimum requirements to safeguard the public health, safety, and general welfare and to minimize public and private losses due to flooding through regulation of development in flood hazard areas. To minimize unnecessary disruption of commerce, access and public service during times of flooding; to require the use of appropriate construction practices in order to prevent or minimize future flood damage; to manage the alteration of flood hazard areas, watercourses, and shorelines to minimize the impact of development on the natural and beneficial functions of the floodplain; to minimize damage to public and private facilities and utilities; to help maintain a stable tax base by providing for the sound use and development of flood hazard areas; to minimize the need for future expenditure of public funds for flood control projects and response to and recovery from flood events; and one of the most important aspects of the flood management regulations in Escambia County, to meet the requirements of the National Flood Insurance Program for community participation as set forth in the Title 44 Code of Federal Regulations, Section 59.22.
  

The Comprehensive Plan policy COA 1.1.3 Flood Elevation states:Escambia County will, as supported by federal emergency management regulations (Title 44, Code of Federal Regulations (CFR) 60.1) and the County’s experience of significant flood hazard events, require additional height above the base flood elevation to more effectively reduce the exposure of people and property to losses from flood hazards.

Escambia County is a member of the Community Rating System (CRS), a program that recognizes and encourages community floodplain management activities that exceed the minimum NFIP standards. The Board of County Commissioners has adopted the freeboard standard of three (3) feet above the FEMA standard and by doing so providing the citizen's of Escambia County with substantial flood insurance discounts. Depending upon the level of participation, flood insurance premium rates for policyholders can be reduced up to 45%. Besides the benefit of reduced insurance rates, CRS floodplain management activities enhance public safety, reduce damages to property and public infrastructure, avoid economic disruption and losses, reduce human suffering, and protect the environment. Our participation in the CRS program, which includes ensuring compliance with the NFIP and CRS requirements, results in tangible flood insurance discounts of $1,070.804 for individuals county wide. For parcels located within the Special Flood Hazard Areas, the total annual discount of $975,000. 

Granting a variance to the freeboard requirements will not be consistent with the Land Development Code or the Comprehensive Plan and may have an impact in the overall flood insurance policy savings for the citizens of the County.

CRITERION (8)

The safety of access to the property in times of flooding for ordinary and emergency vehicles.

FINDING OF FACT:

Access to the property in time of flood would have the same challenges as any other properties in the area.

CRITERION (9)
The expected heights, velocity, duration, rate of rise and debris and sediment transport of the floodwaters and the effects of wave action, if applicable, expected at the site.

Although the applicant states that there is no wave action, as his property is nowhere near any water, prior studies done by professionals in the field and information gathered and used by FEMA to produce the Flood Insurance Rate Maps for the area, clearly identify that the property is located in a High Risk Area flood zone. The modeling used by professional engineers during the hydrological study identify the potential heights for the parcel at 41 and 42 feet. Clearly stated, the adopted three (3) foot freeboard is an additional mitigation factor of safety that provides invaluable benefits to the County.      

CRITERION (10)
The costs 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, streets and bridges.

The costs of emergency services are costs borne by both, statutory and voluntary organizations, that aim to protect property and life from damages due to a natural disaster. In the case of flooding these costs include:
1. Costs by municipal services (army, fire brigade, police, medical service) in searching, rescuing,and evacuating people
2. Costs of voluntary organizations for assistance to flood victims (providing food and shelter, health services etc.)
3. Costs incurred by municipal services for flood control (sandbagging, pumping water out of flooded neighbourhoods)
4. Costs to avoid the danger of water pollution due to leaking oil or chemicals
5. Costs for protecting and safe-guarding buildings against structural damage and contamination


(h) Conditions for issuance of variances.
Variances shall be issued only upon:
(1) Submission by the applicant, of a showing of good and sufficient cause that the unique characteristics of the size, configuration, or topography of the site limit compliance with any provision of this article or the required elevation standards;
(2) Determination by the BOA that:
a. Failure to grant the variance would result in exceptional hardship due to the physical characteristics of the land that render the lot undevelopable; increased costs to satisfy the requirements or inconvenience do not constitute hardship;
b. The granting of a variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, nor create nuisances, cause fraud on or victimization of the public or conflict with existing local laws and article; and
c. The variance is the minimum necessary, considering the flood hazard, to afford relief;
d. Receipt of a signed statement by the applicant that the variance, if granted, shall be recorded in the Office of the Clerk of the Court in such a manner that it appears in the chain of title of the affected parcel of land; and
e. If the request is for a variance to allow construction of the lowest floor of a new building, or substantial improvement of a building, below the required elevation, a copy in the record of a written notice from the Floodplain Administrator to the applicant for the variance, specifying the difference between the base flood elevation and the proposed elevation of the lowest floor, stating that the cost of federal flood insurance will be commensurate with the increased risk resulting from the reduced floor elevation and stating that construction below the base flood elevation increases risks to life and property.


STAFF RECOMMENDATION:

Staff finds that the Applicant cannot meet all of the criteria for the granting of a Variance to the three (3) foot freeboard requirement and recommends denial of the application as submitted.

BOA DECISION
The Board accepted Staff's Findings and denied the Variance request.
Attachments
Working Case File V-2016-09

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