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HomeMy WebLinkAboutResolution 99-012 floodplain variance for darbyIARANA RESOLUTION NO. 9%12. A FLESOLUTIoN f)F THE _MATOR AND TO\\ _~ COL%'CIL OF THE TO~,\ .~< OF MAR.\NA. A~ZONA. ACTING AS THE MARAXA ELOODPLAIN .MANAGEMENT BOARD. APPROVDqG A VARJANCE TO TITLE 21. FLOODPLAIN AND EROSJON HAZARD N. LANAGEMENT CODE. REQUESTED BT R_&\ .%iON~D E. & CVNTH~A BOMESBERGER AND ROBERT A LINDA K. DAR~T FOR. PR.OPERTY LOCATED AT 12720 NOR.TH ~TIZTN'ET LANE. WHEREAS. Raymond E. & Cynthia Bornesherbet are the owners of the propea.,,' located at 1272'3 North Whitney Lane, Marana. Arizona a~d located within the designated Federal Emergency Management A~ency iEEMA) designated floodway: and x,\,!f. EILEAS. the property' owner has applied for a building permit for the replacement of a single-wide manufactured home with a double-wide manufactured home on the property located at 12720 North ¥¥~Jmey Lane which was denied due to the 15ct that residential use of propert?- located within the designated floodway is prohibited under Title 21 of the Mararia Land Use and Development Code; and WHEREAS. on Janua~' 12. 1999. Mrs. Bomesberger appealed the decision to the Town Floodplain Administrator requesting a variance to permit a newer and larger manufactured home to be placed on the properr)' because of the necessin.' o£ a larger ]b'ing area tbr Mr. & Mrs. Bomesbergers' daughters thmilv. Mr. & Mrs. Robert Darby that their present home camnot proxide: and WHEREAS. the Town Council acting as the Floodplain Management Board. and pursuant to tl~e Marana Land Use and Development Code. Title 21. Floodplain and Erosion Eaz2rd Management Regulations. is empowered to adopt and enforce such variance. and upon approval must ( l I Noti,~: the applicant that t]ood insurance premiums will increase and that construction be!o:'. the I O0-?ear t]ood elexarion increases the risk of life and properu': and/2/Maintain a record off all ', arianee actions and report :hem to their biennia! repo,, to FEMA. NO\V. Tk~EREFOP~E. BE IT P~SOLVED b~ the Nla>or and Council of the Toxtn Mararia..Arizona. ac:in~ a> Inc Floe, up,am Manag.mem Board. that the ~ariance requested for p~open~ located at 1277 N,2run Whitne> Lane. X ~ .... , . . -' The Aooiicant -;hail surpi'. un The Applicant shai] subrob ?rooI' of flood insurance on an arLqUa) basis to fi~e To~ n of Marann Tov. n Clerk's office: and It' the Town of Marann is placed on probation by FEMA. the National Flood Insurance Program INFIP). or an?' other federal agency. the homeowner shall take all necessary action to bring the home into compliance. and shall be soleIv responsible for all costs associated with such compliance. PASSED AND ADOPTED b? the Mayor and Cottaoil at'the Toxxn of Nlarana..~'~.zona. this day of Februnts'. 1909. ATTEST: ,. _~/.a:'PPROV/ET3 AS TO FOP. N[: Daniel X. Hochuii T Own A it o rile }' EXHIBIT 1 January 4, 1998 Dave Atler Town of Mara~a Dear Mr. Ader: I wou~d ILke to requ¢~ a new mobile home be placed in exchange of my current mobile home at 12720 North Whitney t.ane. The house that we arc currently in is mo small and we mould like more room for our hm~ly. We have alre,~dy ordered the home and it is scheduled for delivery on January 13, 1999. I would like a temporary placement wq_tb the approval of counsel. I filled out a request for permit which it was denied, because the property is cur~emly in the flood way. The Property Tax Number is Book 217 Map ,19 Parcel 00603 Area Code 0610 - 12720 North Whimey Lane. Thank you for your help and consideration, please contact me at 682-4707 dur~ug 7:00am ~ 3:3Opm and 682-3024 a/~er 3:30pro_ Thank L/nd~ K Dar~vy EXHIBIT 2 Da'~e Atler Town of/Vlar,ma Dear Mr. Atler: I v.x~uld like 'to request a new mobile home be placed in exchange of tb.e cxu-rem mobBc home at 12720 North Whitney Lane. The house that Js currently there is too ~qall and we would l/Ice my daughter's family to be able to have more room for her family. The home has akeady ordered the home and it/~ scheduled for delivery on Jaauary 13: 1999. I woald 1/ke a temporary placement urith ~e approval of coun~l. I fiJled out a reques~ for perm/t wkich i~ w~s denied, because ~e property is currently i~ the flood way. The Property Tax Number is Book 217 Map 49 Parcel 00603 Area Code 0610 - 12720 North WMtaey Lane. Thank you for yoar help ~md consideration, please comac~ me ~ 682-,*707 dua42x8 7:00am 3:30pro and 68_-.~024 at~.er 3:a0pm_ Thank Cynthia L. Bom¢sbe~ger EXHIBIT 3 5rrE LOCATION MAP Whitney Lane/Floodway N EXHIBIT 4 RELEASE, HOLD HARMLESS AND INDEMNITY AGREEMENT Date: INDEMNITOR: Raymond E. Bomesberger and Cynthia L. Bomesberger 12720 N, Whitney Lane P.O. Box 911 Marana. Arizona 85653 INDEMNITEE: Town of Marann 12;.> I North Lon Adams Road Marann, Arizona 85653 RECITALS Indemnitors, Raymond and Cynthia Bomesberger. warrant that they are the o~vners of real property- located at 12720 N. Whitney Lane. Mararm. Arizona, and more particularly described in the legal description attached hereto as Exhibit A and incorporated herein by this reference. Indemnitors' property is located within the Federal Emergency Management Agency (FEMA) mapped Floodway. Indemnitee, the Town of Marana. has adopted the Mararia Land Use and Development Code. Title 2I Flood Plain and Erosion Hazard Management Code and such Code prevents replacement of a structure to 150% of the value of an existing structure on property.' located with the mapped Flood~vay. Indemnitors desire to replace the existing structure on the property and the Town Council. sitting as the Floodplain Management Board, on FebrunU 2. 1999. granted a variance to Indemnitors allowing them to replace the existing strncmre on the property on the condition that Indemnitors execute this hold harmless agreement and pro'~ide proof of flood insurance annually to the Marann Town Clerk. COVENANTS NOW. TIAEP~EFORE. in consideration of the cox enants and conditions contained herein. and other good and valuable consideration. the receipt and sufficient5 of which are hereby ackno~ ledge& ~he pa~les do mumall> agree as fbllo~s: I. Indemnitors. fi~eir successors and assigns hereb~ c,~x enam that the,..droll dctbnd. indemnir~.. P3,~e 1 o{4 and hold Indemnitee. its oi-]Scers, agents~ and employees harmless from any and all claims. demands, causes of action. conaplaints, suits. losses. damages. injuries. and liabilities whatsoever (including those for costs. expenses. and attorneys' fees'l to any person. persons, or property, re}ated to the use of the lands, more particularly described in Exhibit A. now and in the future by reason of flooding. flowage, erosion or damage caused by water whether surlYace, flood. or rainf~all. It is fi_~rther understood and agreed that drainage shall not be altered. disturbed or obstructed other than as appro`.ed by the Marann Mayor and Council on February 2, 1999 without the written approval of the To~vn of *farann Mayor and Council. It is further understood that Indenanitors shall conaplF' ~vith the Standards for Manui~acmred Homes contained in Title 21. Flood Plain and Erosion Hazed Management Code (Section 21.10), regarding specifications for the anchoring system. Indemnitors fi2rrher covenant that this hold harmless agreement is intended to include all residents, guests, trespassers and any other user of the property. whether such use is with or without the permission of the properry owner or anyone in possession of the propert.,/'. Indemnitors fiarther covenant that they, their successors and assigns shall purchase adequate flood insurance on the propert),' in perpetuiT and shall provide proo£o£such insurance to the Marann Town Clerk annualiF'. Inderrmitors 5.~rther covenant that they, their successors and assigns shall take all necessary, action to bhng all structures on the property. into compliance with the Floodplain and Erosion Hazard Management Regulations if the Town of Marana is put on probation bv FEMA or any other fbderal agency. Indemrdtors ackmowledge that upon accepting the variance for construction of a dwelling unit on the property. the land upon `.vhich the structure is located is ineligible for exchange of state land in accordance with the flood re[ocation and land exchange program provided for in the Arizona Revised Statutes Title 26, Chapter 2. Title 2. Indemnitors and Indemnitee agree that this hold harmless agreement is a covenant rmming with the land and shall be recorded in the chain of title for the property and ',,,'ill be binding on all of Indemnitors' heirs. successors in interest and assigns in said propert.','. Inclen-tailors agree to record this document in the office of the Pima County Recorder to provide record notice of the said cox'chants and to bind all IS.tture owners or'the above-retbrenced property putsunto to this agreement. Indemnitors acknowledge that this hold harmless agreement is a covenant running with the land and not with the manufactured home. In the e'~ent that lnderrmitors decide to reiocate the manut'acmred home. lndemnitors shall be reqnired to comply with Title 21 Flood Plain and Erosion Hazard Management Code of the Marann Land Use and Development Code. or appI? tbr a new xariance. This contract. Release. Hold Ht~TnIess and Indemnir:. ~.greement is subjet~. to cancellation b, Indenmitee. the To~n of~. arana. tot cont~ic~ or' in~erest ?urstlan[ to ~.R.S. ,' 38-5i !. Page IN WITNESS WHEREOF. the parties have executed this Agreement on the day and year 15rs~ above ~v~-itten. l~a~ MOND BOMESBERGER (INDEMNITOR) C 5'~'TH][A BOMESBERGER (INDEMNITOR) APPROVED AS TO FOP-~M: ---"'"--'-~own Attorney Pa~e 5 or'4 ST,aTE OF ARIZONA COUNTY OF ?IMA SS. The tbregoing document ,,,,as acknowledged bet;ore me on this J 7,~/ day of ~ ~ . 1999 b7 David M. Atler, P.E. the Public Works Director/To~ n Engineer lbr the Town ct'Marana. an Arizona Mnnicipal Corporation. M y C ommissio n Expires /~ ry Public~~~ OFFIGiAL SEAL ' {~ no=ry Public / [ ~ ~ My Commi=sion Expire= ] M~_ ~e~tember 5, 2000 ~ STATE OF ARIZONA } COUNTY OF PIMA ~ The t'orezoinz document ,,,,as acknowled.oed before me on this -.: . , ,.,, , ~ 1999 bv Raymond E. Bomesberzer. le.oal properw owner. Mv'Com~mission Exp res .'~otary Public OFFICIAL SEAL Pima Count, Arizona da> of STATE OF ARIZONA COUNTY OF PIMA The tbregoing document was acknox~Jedged before me on this · lg09 by' C?nthia L. Bomesberger. legal propert5 o~ner. dax of Nbtar? Public Pa? 4 or'4