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HomeMy WebLinkAboutResolution 2007-231 granting a variance to the floodplain and erosion hazard manangement code for 14475 w. imogene placeOPTION 2 MARANA RESOLUTION NO. 2007-231 RELATING TO FLOODPLAIN MANAGEMENT; GRANTING A VARIANCE TO TITLE 2 1, FLOODPLAIN AND EROSION HAZARD MANAGEMENT CODE, FOR PROPERTY LOCATED AT 14475 W. IMOGENE PLACE. WHEREAS, Michael Burbage is the owner of the property located at 14475 West Imogene Place, Marana, Arizona and located within the designated Federal Emergency Management Agency (FEMA) designated special flood hazard area; and WHEREAS, the property owner has been denied application for a building permit to construct a mobile home on the property located at 14475 West Imogene Place, due to the fact that residential construction is within 500 feet of the floodway of the Santa Cruz River which is prohibited under Title 21 of the Marana Land Development Code; and WHEREAS, on November 19, 2007 Mr. Burbage appealed the decision of the Town Floodplain Administrator and requested a variance to permit the construction of the mobile home in the floodway portion of his property.; and WHEREAS, the Town Council, acting as the Floodplain Management Board, and pursuant to the Marana Land Development Code, Title 21, Floodplain and Erosion Hazard Management Regulations, is empowered to grant variances, provided all variance actions must be reported in a biennial report to FEMA. NOW, THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, acting as the Floodplain Management Board, that the property located at 14475 West Imogene Place, Marana, Arizona, is hereby granted a variance from Section 21.05.09 of the Marana Land Development Code prohibiting construction or substantial improvement in the floodway subject to the following conditions: 1. The variance granted is for a single mobile home of approximately 27 feet by 60 feet. The two existing mobile homes on the property shall be removed within 30 days of the certificate of occupancy for the new mobile home. 2. Construction of the new mobile home shall occur on that portion of the property that is at least 12 feet higher than the adjacent flowline of the Santa Cruz River to comply with Marana land use zone D. Burbage-Resolution-12-18-07.doc Keith Brann 12118107 3. All construction shall comply with all other aspects of Title 21 including but not limited to access requirements/covenants, elevation requirements, velocity requirements, and erosion hazard protection. 4. Applicant shall sign a covenant indemnifying and holding the Town of Marana and its agents harmless in the event of flooding. 5. Applicant shall submit proof of flood insurance to the Town of Marana Town Clerk's office. PASSED AND ADOPTED BY THE MAYOR AND COUNCIL OF THE TOWN OF MARANA ACTING AS THE FLOODPLAIN MANAGEMENT BOARD OF THE TOWN OF MARANA, ARIZONA, this 18th day of December, 2007. Mayor E8 Honea ATTEST: ocellyn C ronson, Town Clerk SEAL Vz 64 2