The owner of 3425 Ranchero Road has requested a permit for the construction of new residence in a location where a portion of the structure will be within the existing 100-year FEMA floodplain. An application to revise the floodplain map to remove the area of the floodplain under the proposed home has been submitted. This application has been reviewed by the Engineering Staff and has been forwarded to FEMA for their review and consideration. The request is currently under review by FEMA and typically takes up to 6 months for approval and will result in the issuance of a Letter of Map Revision (LOMR). Until the LOMR is issued by FEMA, the proposed structure does not comply with the requirements of the Flood Damage Prevention Ordinance.
Approval of the subject variance will allow the temporary conflict between the location of the structure and the current FEMA floodplain, thereby allowing the construction to move forward.
Consideration of a Variance
Council hears requests for variance from the requirements of the Flood Damage Prevention Ordinance.
The prerequisites for granting variances are:
1. There is no increase in flood levels during the base flood discharge as a result of the construction.
2. The variance is the minimum necessary, considering the flood hazard, to afford relief.
3. Failure to grant the variance would result in exceptional hardship to the applicant.
4. Granting the variance will not cause an increase in flood heights, extraordinary public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances.
Recommendation
City Staff recommends Approval of the variance based on the new structure meeting the following requirements:
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The proposed structure does not increase water surface elevations on adjacent property owners.
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The proposed structure does not create an erosive velocity.
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The proposed structure does not impact valley storage for the stream.
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The proposed structure does not create additional threats to public safety.
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The proposed structure does not create an extraordinary public expense, nuisances, fraud on or victimization of the public.
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The proposed structure does not conflict with existing local laws or ordinances, if the LOMR is approved by FEMA.
The variance is subject to the following conditions and notifications:
1. The structure will be permitted to be built with the lowest floor elevation below the base flood elevation.
2. The cost of flood insurance will be commensurate with the increased risk resulting from the reduced lowest floor elevation.
3. All risk of proceeding under the granted variance is upon the property owner. Should FEMA deny the LOMR for the subject property, the building permit may be revoked and the property may be required to be remediated to its pre-construction condition.