HomeMy WebLinkAbout09/19/2005 Blue Sheet Floodplain Management Board
TOWN COUNCIL
MEETING
INFORMATION
MEETING DATE:
TOWN OF MARANA
September 19,2005
AGENDA ITEM:
L.l
TO: MAYOR AND COUNCIL, SITTING AS FLOODPLAIN
MANAGEMENT BOARD
FROM: Keith Brann, Acting Town Engineer through H. Thomas Gill, Jr.,
Director of Public Works
AGENDA TITLE: Relating to Floodplain Management: Presentation of a request for
a variance from Title 21, Floodplain and Erosion Hazard
Management Code, for property located at 14475 W. Imogene
Place. Continued from the meeting of August 16, 2005.
DISCUSSION
A request has been made by Mr. Michael Burbage, 14475 W. Imogene Place, seeking a variance
from Title 21 of the Land Development Code, (The Floodplain Ordinance). Mr. Burbage seeks
to remove two mobile home structures from his property that total 1748 square feet and construct
a site built home of no more than 1748 square feet. Mr. Burbage desires to construct this new
home 75 feet back from the Imogene Place right of way. This request requires a variance:
The floodway of the Santa Cruz River, which after a detailed study was remapped by the Federal
Emergency Management Agency (FEMA) through a Letter of Map Revision (LOMR) on March
10,2005, covers Mr. Burbage's property. The attached exhibit is based upon recent GIS shape
files that have been incorporated into the Town's GIS system. The floodway by FEMA
definition is the stream channel and that portion of the adjacent jloodplain that must remain
open to permit passage of the base jlood. Floodwaters generally are deepest and swiftest in the
jloodway, and anything in this area is in the greatest danger during a jlood. Marana Land
Development Code Title 21 Section 21.08A also does not allow residential uses in the floodway.
Floodplain Ordinance, Section 21.08C permits the Town to require a study by a registered
professional engineer showing that the proposed use will not increase the floodway elevations
during the base flood and will not divert, retard or obstruct the flow of flood waters. The Code
of Federal Regulations, Section 44-60.6(a) Section 1 provides: "Variances shall not be issued by
a community within any designated regulatory jlo0 dway if any increase in jlood levels during the
basejlood discharge would result." Mr. Burbage's letter asserts that he cannot afford to hire an
engineer and therefore requests a variance from this requirement.
Mr. Burbage's property is already jeopardized by its location within the floodway. Construction
of a site built home would increase the property's value and the consequent loss to Mr. Burbage
Burbage Floodplain Variance
8/16/2005 KEB
should even a minor flood occur. Additionally, the likely increase in floodwater elevations
upstream would increase his neighbors' flood hazards.
FEMA and the Town have strict guidelines on the granting of variances. Variances should a) be
the minimum relief necessary; b) not be based upon financial considerations; and c) not result in
increased flood elevations.
Mr. Burbage's request is not the minimum relief necessary. The Town of Marana has been
working with Pima County Flood Control District to make the Floodprone Land Acquisition
Program (FLAP) available to residents whose properties still remain in the floodway after the
LOMR. Mr. Burbage has been advised ofthis program and an appraisal was conducted. To
date, Mr. Burbage has not wanted to participate in this program.
Mr. Burbage's inability to afford an engineering study to ensure that flood heights will not
increase is not a valid reason to waive a study. Without the study it cannot be determined what
the increase in flood elevations would be.
If a variance were granted contrary to the Floodplain Ordinance and FEMA regulations, FEMA
could impose probationary penalties upon the Town, including increased flood insurance
premiums for all Town of Marana residents who purchase flood insurance and difficulty in
accessing Federal flood relief funds if flooding occurs. Ultimate long term implications for
variances in the floodway could be suspension by FEMA of the community. Ifthis were to
occur, no new flood insurance policies would be written, all current flood insurance policies
would not be renewed, and all federal loans (including FDIC insured loans) would be recalled for
immediate payment of their outstanding balances.
There are other areas of the Marana Land Development Code that Mr. Burbage would require
relief from in order to construct a new residence. Title 21 Section 21.12A-1.a requires a 500 foot
erosion hazard setback from the Santa Cruz River's 100 year floodway/primary channel bank.
The property is also located in Marana land use Zone D - floodway. To allow residential
construction, the property will need to be rezoned. Depending upon the new zoning designation,
a variance from front building setback may be necessary to avoid the flood way.
Mr. Burbage has requested a continuance for this item.
ATTACHMENTS (Not Included)
Letter from Mr. Burbage dated June 6, 2005 requesting variance and including an enlargement of
a LOMR map.
Exhibit of Mr. Burbage's property showing existing trailers, right of way, and floodway prepared
by Marana GIS department. Exhibit shows a scanned representation of the floodway from
previous information and the latest digital representation of the floodway provided by FEMA.
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RECOMMENDATION
Staff recommends that the Floodplain Management Board deny the variance since it does not
meet the requirements set forth in the Floodplain Ordinance. The health, safety, and welfare of
Mr. Burbage, surrounding residents, and the Town in general would be compromised by the
granting of a variance.
SUGGESTED MOTION
I move to approve the applicant's request for a continuance.
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