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Home My WebLink About08/16/2005 Blue Sheet Floodplain Management Board TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: August 16,2005 AGENDA ITEM: L.1 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. 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 ofthe 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 floodplain that must remain open to permit passage of the base flood. Floodwaters generally are deepest and swiftest in the floodway, and anything in this area is in the greatest danger during a flood. 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 floodway if any increase in flood levels during the base flood 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 of this 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. If this 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 2l.12A -l.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 floodway. ATTACHMENTS Letter from Mr. Burbage dated June 6, 2005 requesting variance and including an enlargement of a LOMR map. Exhibit ofMr. 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. -2- 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 that the Floodplain Management Board deny the variance for 14475 W. Imogene Place from Title 21, Floodplain and Erosion Hazard Management Code. -3- . .. M.F. BURBAGE 14475 West Imogene Place, Marans, AZ 85653 520'882-4098 -"'- June 6,2005 James R. DeGrood, P.E. Town EngineerJFloodplain Administrator 11555 W. Civic Center Drive Marana. AZ 6~53 Dear Mr. DeGrOOd: I am respectfully requesting a variance In accordance with the TiUe 21 Floodplain and Erosion Management Code. The property address is: 14475 West Imogene Place, Marana, Arizona 85653, I wish to replace the 2 manufactured homes on my property with a site built home of no more than 1748 square feet. The manufactured homes on my property are a 12 ft X 64 ft 1972 Timco and a 14 ft X 70 ft 1985 Palm Harbor. I calculate that these grand fathered structure.,~ave a combined fOotprint of 1748 square feet. (1) I request permission to build this new home because my current home is 20 years old and requires numerous costly repairs to make it livable. I am on a limited Income. I am employed as a substitute teacher with the Marana Unified School District. I also have a small business which is stiU not viable. I cannot afford to hire engineers and attorneys to plead my case; (2) If I am allowed to build a replacement home on my property I would be reducing the property from the current 2 family residence to a single family residence. (3) The site buift home would improve the appearance at the neighborhOOd, thereby increasing the property values and property taxes. Making it advantageous to both parties. (4)~1 am also willing to Sign a waiver absolVing the Town of Marana, FEMA, and any ather interested or concemed entities of any and all responsibility, obligation, fault, blame, culpability, etc. in the r~01 % per year, fm told) event in which my property or the existing dwelling might sustain a floOd. . (5) The Santa Cruz mver Floodw~ and Floodplain map. effective March 10, .2005, which you have provided, clear~ shows that all of ImQgene Place. including the front portion of my .pr~. .facin9 .tmopne. 1s outside of the floodway. It 1s my understanding that 1b.e. new floodplain boundaIY line crosses my properw behind my high level site and poses no flood risk to my new homesite. (see enclosed photos). Due to the, Town of Marana's, admitted, inaccuracy of the map detail, these photos show plenty of high land for my home. As the photos clearly show, the land drops off significantly beyon~ the proposed .homesite.l.believe that the drop off.poInt 1s.ln fact, the actualftoodplain oounaary .Iine shown of the map. I plan to have the replacement home constructed approximately 75 feet set back from Imogene and midway between the property lines on either side of the property. On the map and photos, this is beginning at the edge of the cement slab & the 2nd mobile{12' X 64' home. Of COUrse the new home WOUld be Wider than 12 feet. It $eem$ pi'lJdent to p,ace the driVeway of the new home In the same location as the current driveway. I would need to live in the manufactured home until construction was completed-on- the new hom&. It is concei'fabl& that the .manufactured home I am presently living in would have to be moved off to the the side of the property in order to allow equipment access on the property. 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