Loading...
HomeMy WebLinkAbout11/21/2006 Blue Sheet Burbage Request for Floodplain Variance TOWN COUNCIL MEETING INFORMATION TOWN OF MARANA MEETING DATE: November 21, 2006 AGENDA ITEM: K. 1 TO: MAYOR AND COUNCIL, SITTING AS FLOODPLAIN MANAGEMENT BOARD FROM: Keith Brann, Assistant Director of Public Works/Town Engineer 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 and construct a site built home of no more than the original cross sectional area. Mr. Burbage desires to construct this new home 75 feet back from the Imogene Place right of way. This request requires a floodplain 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 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 21.05.09 also does not allow new construction or substantial improvements in the floodway. 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 has offered to do such a study after a variance is granted. There is no study to evaluate impacts at this time. 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 should even a minor flood occur. Additionally, the likely increase in floodwater elevations upstream would increase his neighbors' flood hazards. Burbage Floodplain Variance 11/7/2006 KEB FEMA and the Town have strict guidelines on the granting of variances. Variances should a) be the minimum relief necessary (21.06.01.1.E); b) remove only exceptional hardship (21.06.01.1.F.2); and c) not result in increased flood elevations (21.06.01.1.FA). 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. Financial considerations are deemed moot for floodplain management. Increasing the value of a property only increases the burden on the NFIP. 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. 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. Letter from Arroyo Engineering dated October 23, 2006 supplementing the variance request 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. -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- t 1 M.F. BURBAGE 14475 West Imogene Place, Marana, AZ 85653 5201682-4098 June 6,2005 James R. DeGrood, P.E. Town EngineerlFloodplain Administrator 11555 W. Civic Center Drive Marana. AZ a~ Dear Mr. DeGrood: I am respectfully requesting a variance in accordance with the Trtle 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 8 14 ft X 70 ft 1985 Palm Harbor. I calculate that these grand fathered *truCture".~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 still not viable. I cannot afford to hire engineers and attorneys to plead my case; (2) If I am allowed to build a ~t home on my property I would be reducing the property from the current 2 family residence to a single famny residence. (3) The site built home wou1dtmprove the appearance of the neighborhood. thereby inaeasing the property values and property taxes. Making it advantageous to both parties. (4) <I am also willing to Sign a waiver absolving the Tawn ()f Marana, FEMA, and any ather interested or concemed entities of any and all responsibility, obligation, fault, blame. culpability, e~. m the f~01 % per year, fm told) event in which my property or the existing dwelling might sustain a flood. (5) The Santa Cruz River FloodW~ and Flooctplaln map. effective March 10, .2005, whidl you have provided, clearly shows that all of Imogene Place. including the front portion of my 9"ogerW. faclng .Imogene. 1s outside of the floodway. It ~s my understanding that 1b.I. new floodplain boundaty line crosses my property 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 beyond the proposed homesite.l.believe that the drop off point ~s m fact, the actual.ftoodplain boundary .Iine shown of the map. t 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 641 home. Of COUrse the new home would be Wider than 12 feet It seems ptudent to place the driveWay Of the new home In the same location as the current driveway. I would need to live in the manufactured home until. constfuclioo was completed 00 the new home. It is conceivable that th&manufaetured. 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. However, both of the manufactured homes would be removed from the propertY within 90 d~s from the date in which the final building inspections are soproved and I have taken up residency of the site built home. . ~. . '-:.:'. ........ . ~.,....."'~ <5 ....-( ,,':"<,-;_.f . ~".' . M" .~: ,,?~:. ' .'~'" ". : .i ':..,. - ,', .A......., ','.a n~' : iti... ~.:;:;:., X;~~. :~',; ~~~.~~1;~~(\~:~ .,... " . ~. . ~,;r;;;. " .o,~:. ':~-: .~ .:~~:j.:~'~jiii;:'. ~: jJ.~. -: 11I("':.,.', i ~-.- :, .;\:;?:;~;::: ... ;d&,-;{tft:t~~~~~ ('. ~ :. .... .. '.; "1iJlii{:("'" r~}~';;...;~!~12~~:" '_~,. ..' "" . e''''' ,S' ;.~.;.~:::~:-::r~'l~'~,,~;:~:~' , . ~"~. :.~. ',""','~',(" "",'1, .... . .~ ~,:;::~;;"~1 :;:~-~~~,~~~:'2.. ~.;~~<;' '~"{~;l~"'-:--'"~:''' f:1i.~:...:::i'~:~,,;~;~%~ . ~'''-' ":' ;:t...-d \?::-<r,.r., ,,' ,'.',~" ~J ,':::, ""';~-'./ :.::, <;~:'i <tJ.~ '.,~ " :..;:~, ,. . . :.'.~ ' ....... ............._ .,....-:" ,~.1.:...... , . , . ,. ,...-,' "".""'- ,,,:-'r.~.. . 'fl", -" .' ~-O( .,.' ~' ,,_..... 'I ......<<. ..,;.......1'. ,:"',~")\1.'t. . . '-~. -,~...,',..-. -"a ),--.~, ~t' -' 'A"'- "',.11 , . ..,' . .'_ '. . ..,.' . . 0 .~. . .. ........ ." ".~r,-........, 'J" ..',t. " - ..... .- .._.,,;.. . ~l. ;#'J~''''\''''''I/''''''l,j. . '.,( .-.., t, . ,.:.~. 7' .;'7' .",OM':1' 1;. r- ..........,.~. .......' . ..." ., ._/_ _ . ".' . ,""_ t...... " .- o' .'..' . '~.-.". ' '. T . .". . L' ."~,,,.., ~'<'" .. Jf ..ft.'.' T'..... . ._~~.1'..,\'J ~ "'j.~'" .."..i..' ..,~. . _.' .~'" ...... ~...,:- Loo.:... ".J-I;;'-' ,0\. l~ ~ ...,. . .' -. ., ..' .......-. .....,.. . , ."'..,' -' ~' ,. ,:.&?1 .'\1........-.;.........".." _ . .""'~,... ''';. "'~l""-t""" .... ~(_... ..... ..~...._'\O;',..,', ',-'.~..,.,'.;J.' ~.'.iT' _............:~ ..._.<,......!... '.'..:. \.' .' ......~ ',,; -- . ..'~ (.... '. " ,"'.1':_ .Ij:'-..... 1.',.-, . ,.:.'.;;,! 1:,'~', .~ >,.;...:~ ."-- :'.'-.J'-.~r;:...,:... ;.: .- nl! ....) :-~.J;. ~"""., ~ ~ ~.'" ..:.;.. )7.;..~.';J':;;'';' :':;1!'>:~' '''~,,::-~~;\'- '.- .". ,',' .,~: ~~"';"'I"~' ",:-: . i>,.... ~._\..:.-.,....:~ .r-...j,. .:'V"""'-':~",~ ".'.-' '.... ':""~\ ;"-:1 ....,.,...;.:.~~. J"'.o... l.r L,-.'f'\'_~"'''''''' '!'-.... ....t. .'"1.-),' ~..~., .,....".,.~.'i...-.>......:\ ..' .~--r: ~", :" ";;..::.: ,; ,~,...__.::;:.::...;,;'~ c *' ~:' ;:,>'] ::: ;:';'.~ ,:;-:~: .:', T AIIiIIi:;(l;.1~' '"" 2'~ 'if::'); ::.:<;.~ ~ '1'"' ' _ ~/ .' __" .~', -.~ ~-- .', .....,11 ~~-:t.~ .' . .,..r:. .. ~I"" , ~ .., . _2 .~- /' . ' .. '. _ '.' .__. . . L C ., ,. . .'", -. ,.,.. . >c.:,";. ,.: ;,,,!,:' "...:',~.(;.:: . . ~ RRC>YC> ENGINEERING, llC Water Resources & Civil Engineering Consultants c:~Py October 23, 2006 Keith Brann, r.E., Town Engineer, Assistant Director of Public Works Town of Marana Public Works Department Marana Municipal Complex 11555 W. Civic Center Drive Marana, AZ 85653 SubJect: Request for a Variance from Section 21.08(Floodway Requirements) of the Maralla Land Development Code Propel"ty Located a 1447S W. Imogene Place Dear Mr. Brann: Please accept tbis letter on behalf of our client, Michael Burbage, for a variance from Section 21.08 of the Marana Land Development Code which regulates construction activities within the flood way of a watercourse. Mr. Burbage owns two manufactured homes on the above-referenced property, and he wishes to replace both of them with a single modest, site-built home having the same total floor space as the two older homes he wishes to replace. Both of these existing manufactured homes are withing the floodway ofthe Santa Cruz River, as shown on a Letter of Map Revision for the Santa Cruz River, dated March 10, 2005. You wrote to Mr. Burbage on August 9, 2005, saying that you had reviewed the new digital tloodway maps, based on this recent LOMR, and you found that his entire property was essentially covered by floodway. Consequently, in your letter, you denied his request to build this replacement home, and further, you said that YOll will recommend denial of a variance at council. [n all due respect to you, Mr. Burbage nevertheless would like to go to council and to request a variance based on consideration of the following. Property Location The subject property is located at 14475 W. Imogene Place, along the right-hand or north bank of the Santa Cruz River, about 400 feet upstream from the Trico-Marana Road Bridge. This property currently has two occupies mobile homes, with a combined floor area of about 1750 square feet. One of these homes was constructed in prior to 1993, and the second was constructed in 2003 as a replacement of an older home built sometime in 1982. 5675N.Orac1eRoad . Suite3203 . Tucson,AZ85704 . Phone(520)882-D206 . Fax(520)882-8674 Keith Brann Page 2 October 23,2006 A Letter of Map Revision for the lower Santa Cruz River was approved by FEMA and made effective on March 10,2006. According to the work maps for this LOMR, the existing residences are located on the outer edge, orj ust slightly outside, of the regulatory Floodway. Furthermore, the LOMR says the I OO-year water-surface elevation on the Burbage property, represented by HEC-RAS cross section 6.34, is 1938.88 feet (NGYD-I929). Likewise, the average flow velocity within the right-hand overbank was predicted to be only 0.88 feet per second.. An Elevation Certificate for this property says that the Lowest Adjacent Natural Grade next to. these residences is 1936.9 feet (NGVD-I929), and the bottom ofthe lowest structural member of the newest mobile home is 1940.1 feet (NGYD-1929). Thus, according to these data, it appears that the building site will have up to 2.0 feet of water during a 100-year flood. The newest mobile home, on the other hand, will be above the flood level by about 1.2 feet. Even though these building pads will be under water during a 100- year flood, the area can be accessed by pedestrians during time of flood, as defined by 16.26.050.G of the Pima County Floodplain Regulations (OK ifD<3 ft and Dy1 < 18). With regard to empirical evidence of relative flood hazards, the house side was not flooded in 1977, 1983 or 1993. Howeyer, the building pads were slightly covered in August 31, 2006, with about three inches, or less, of floodwaters. FEMA Allows Reconstruction within the Floodway Section 21.08A of the Town ofMarana Flood Plain and Erosion Hazardmanagement Code does not allow residential uses within the floodway. However, FEMA does allow construction within the flood way provided the new construction does not obstruct floodwaters, such as those special cases when a new SlTucture replaces an older structure of an equal size. Furthenllore, FEMA provides specific guidelines for undertaking such loss-of-conveyance calculations in the 1990 Technical Memorandum titled Certification Requi:relllents for Simple Flood'rvay Encroachments, and presented in ADWR State Standard 9-02. Based on these state and federal guidelines, the requested variance should be approved by FEMA as long as the proposed single new building will be same size as the two existing manufactured homes (measured perpendicular to the direction of flow) as shown on the 1986 LOMR work maps. The proposed construction will not obstruct, divert, or retard floodwaters anymore than what currently existing. Section 21.08C gives the Town authority to request a hydraulic study by an Arizona Registered Civil Engineer demonstrating that the proposed activity will not increase base flood elevation, and nor wi II it divert, retard, or obstruct the flow of flood waters. This is a reasonable exercise of administrative authority, and if a variance is given, sllch an approved, favorable study shall be done by the applicant. RROYO "'''' ENGINEERING, llC Waler RelOUrCe$ &. Civil Engine.ring Cansultofth Keith Branll Page 3 October 23, 2006 Variance will provide the minimum relief necessary, be a good and sufficient cause, and not be a special privilege to the applicant In order for Council, acting as the Floodplain Management Board, to consider granting a variance, it must find the request to be (a) the minimum relief necessary, (b) a good and sufficient cause, and ( c ) not result in increased flood elevations, and nor constitute a grant a special privilege. I bel ieve you will affillll these requirements because both manufactured homes on the subject property are existing and non-conforming with the current floodplain regulations. Furthermore, the proposed construction is, according to the applicant, a good and sufficient cause because: (a) it will represent a financial hardship should they be required to move elsewhere and possibly lose the important financial investment already made, (b) it will reduce flood hazards by reducing the number of potential families living on this floodprone property from two to only one, and ( c) it would deprive the applicant from being able to improve their residence as was done earlier on neighboring properties. This concludes my request on behalf of Michael Burbage for a variance from Section 21.08 of the Marana Land Development Code which regulates construction activities within the f100dway of a watercourse. Your thoughtful consideration ofthis matter is appreciated. And if you need any additional information regarding this request, please let me or Mr. Burbage know at your earliest convenience. Very truly yours, ARR?YO ~INEERING, LLC ~l11er,p~ Principal Civil Engineer and Hydrologist cc: Michael Burbage RROYO ENGINEERING. LLC Wate,. R.lourc:., & Civit Engineering Consultonts