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HomeMy WebLinkAboutResolution FP 2022-001 Granting a Variance to Marana Town Code Chapter 17-15 (Floodplain and Erosion Hazard Management Code) for Property Located at 7430 North Silverbell Road MARANA RESOLUTION NO. FP 2022-001 RELATING TO FLOODPLAIN MANAGEMENT; GRANTING A VARIANCE TO MARANA TOWN CODE CHAPTER 17-15 (FLOODPLAIN AND EROSION HAZARD MANAGEMENT CODE) FOR PROPERTY LOCATED AT 7430 NORTH SILVERBELL ROAD WHEREAS Silverbell Gateway Apartments LP (the "Owner") is the owner of property located at 7430 North Silverbell Road, Marana, Arizona, and located within a Federal Emergency Management Agency (FEMA) designated special flood hazard area; and WHEREAS flood control infrastructure necessary to comply with a FEMA-issued Conditional Letter of Map Revision(CLOMR)has been completed in accordance with the CLOMR and Town requirements; and WHEREAS the Owner will not be able to secure a final Letter of Map Revision (LOMR) from FEMA prior to being eligible for building permits as required by the Floodplain and Erosion Hazard Management Code; and WHEREAS the Town Council finds that the constructed flood control infrastructure represents the highest and best information regarding the safety of the site from flooding; and WHEREAS the Town Council,acting as the Floodplain Board,and pursuant to the Marana Land Development Code Chapter 17-15 (Floodplain and Erosion Hazard Management Code),is empowered to grant variances,provided all variance actions must be reported in a biennial report to FEMA. NOW,THEREFORE, BE IT RESOLVED by the Mayor and Council of the Town of Marana, Arizona, acting as the Floodplain Board,that the property located at 7430 North Silverbell Road, Marana, Arizona, is hereby granted a variance from Marana Town Code section 17-15-10.E.10.e, which would otherwise prohibit issuance of building permits prior to the effective date of a FEMA Letter of Map Revision, subject to the following conditions: 1. The variance granted is for the 12 buildings that constitute Silverbell Gateway Apartments LP's Silverbell Gateway Apartments project as described in Development Plan Package DPP1912-001. 00081705.DOCX/1 Marana Resolution No.FP 2022-001 -1 - 2. All other aspects of Marana Town Code Chapter 17-15 (floodplain and erosion hazard management code) are to be adhered to. 3. The Owner shall sign a covenant indemnifying and holding the Town of Marana and its agents harmless in the event of flooding and/or in the event of FEMA's extended delay or denial of the LOMR application. PASSED AND ADOPTED by the Mayor and Council of the Town of Marana, acting as the Floodplain Board of the Town of Marana, Arizona, this 21st day of June, 2022. 4 ( I Mayor Ed Honea ATTE : APPROVED AS TO FORM: �.�. Town Cherry L. La son, Town Clerk Jar- 'airall, Town Attorney / 66•• MARANA AZ ESTABLISHED 1977 00081705.DOCX/1 Marana Resolution No.FP 2022-001 - 2-