HomeMy WebLinkAboutResolution 99-099 floodplain variance for hardenMARANA RESOLUTION NO. 99-99
A RESOLUTION OF THE MAYOR AND TOWN COUNCIL OF THE TOWN OF MARANA,
ARIZONA, ACTING AS THE MARANA FLOODPLAIN MANAGEMENT BOARD,
APPROVING A VARIANCE TO TITLE 21, FLOODPLAIN AND EROSION HAZARD
MANAGEMENT CODE, REQUESTED BY ERIC HARDEN FOR PROPERTY LOCATED AT
14460 WEST IMOGENE PLACE.
WHEREAS, Eric Harden is the owner of the property located at 14460 West Imogene Place,
Marana, Arizona, which is located within the designated Federal Emergency Management Agency
(FEMA) designated floodway; and
WHEREAS, the property owner has applied for a building permit to place a second
manufactured home on the property located at 14460 West Imogene Place which was denied due to
the fact that residential use of property located within the designated floodway is prohibited under
Title 21 of the Marana Land Use and Development Code; and
WHEREAS, on August 18, 1999, Mr. Harden appealed the decision to the Town Floodplain
Administrator requesting a variance to permit a second manufactured home to be placed on the
property because his second manufactured home was delivered on July 7, 1999 in two unsecured
sections making it subject to theft, vandalism and damage due to settling without the proper support
a double wide requires; and
WHEREAS, the Town Council, acting as the Floodplain Management Board, and pursuant
to the Marana Land Use and Development Code, Title 21, Floodplain and Erosion Hazard
Management Regulations, is empowered to adopt and enforce such variance, and upon approval
must (1) Notify the applicant that flood insurance premiums will increase and that construction
below the 100-year flood elevation increases the risk to life and property; and (2) Maintain a record
of all variance actions and report them to their 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 variance requested for the
property located at 14460 Imogene Place, Marana, Arizona, is hereby granted subject to the
following conditions:
The Applicant shall supply an acceptable indemnification agreement holding the
Town of Marana harmless in the event the home, property, persons, etc., are damaged
by flood activities and such agreement shall be recorded by the Town Clerk's office;
Marana, Resolution No. 99-99
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The permit shall comply with the Standards for Manufactured Homes contained in
Title 21, Floodplain and Erosion Hazard Management Code (Section 21.10),
regarding specifications for the anchoring system;
The Applicant shall submit proof of flood insurance on an annual basis to the Town
of Marana Town Clerk's office; and
If the Town of Marana is placed on probation by FEMA, the National Flood
Insurance Program (NFIP), or any other federal agency, the homeowner shall take
all necessary action to bring the home into compliance, and shall be solely
responsible for all costs associated with such compliance.
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The Applicant shall work with the Town Engineer to establish a mutually agreed
upon method of installation and floor height. In the event that the Applicant and the
Town Engineer cannot agree on the placement, the matter shall return to the Council
for further action.
PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, Arizona, this
day of September 1999. !
Mayor ~1obby Sutton, Jr.
ATTEST:
APPROVED AS TO FORM:
As Town Attorney and not personally
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Maram, Resolution No. 99-99