ORDER NO. 30971 VARIANCE TO KERB COUNTY FLOOD PREVENTION ORDER Came to be heard this the 8th day of September, 2008, with a motion made by Commissioner Oehler, seconded by Commissioner Baldwin. The Court unanimously approved by a vote of 4-0-0 to: Approve granting a variance to Kerr County Flood Prevention Order for home in Westwood Oaks, Section One, Lot 20, 117 Acorn Court, Ingram, Texas, located in Precinct 4. COMMISSIONERS' COURT AGENDA REQUEST PLEASE FURNISH ONE ORIGINAL AND TEN COPIES OF THIS REQUEST AND DOCUMENTS ~ww TO BE REVIEWED BY THE COURT. MADE BY: Leonard Odom, Jr. OFFICE: Road & Bridge MEETING DATE: September 8, 2008 TIME PREFERRED: SUBJECT: (PLEASE BE SPECIFIC): Consider, discuss, and take apuropriate action to grant a variance to Kerr County Flood Prevention Order for home in Westwood Oaks, Pct. 4 EXECUTIVE SESSION REQUESTED: (PLEASE STATE REASON) NAME OF PERSON ADDRESSING THE COURT: Leonard Odom ESTIMATED LENGTH OF PRESENTATION: 10 minutes IF PERSONNEL MATTER -NAME OF EMPLOYEE: Time for submitting this request for Court to assure that the matter is posted in accordance with Title 5, Chapter 551 and 552, government Code, is a follows: Meeting scheduled for Mondays: 5:00 P.M. previous Tuesday THIS REQUEST RECEIVED BY: THIS REQUEST RECEIVED ON: ~a All Agenda Requests will be screened by the County Judge's Office to determine if adequate information has been prepared for the Court's formal consideration and action at time of Court Meetings. Your cooperation will be appreciated and contribute towards your request being addressed at the earliest opportunity. See Agenda Request Rule Adopted by Commissioners' Court. reg5 ~~P~ E QF ~ x cOun Q~'M~ Kerr County Road & Bridge 4010 San Antonio Hwy Kerrville, Texas 78028 TO: COMMISSIONERS COURT FROM: LEONARD ODOM DATE: September 2, 2008 RE: Variance to Floodplain Prevention Order It came to our attention there was a new home being constructed in Zone A of FEMA designated Floodplain in Westwood Oaks, Pct. 4. As you can see from the photos, the home is well on the way to being fmished. FEMA requires a finished floor at/or above BFE. Kerr County's Flood Prevention Order requires the finished floor of a structure to be 1 ft. above the Base Flood Elevation (BFE). The Elevation Certificate done by a registered surveyor shows their home .57 above BFE, Therefore, they meet FEMA regulations, but fall short of Kerr County's by less than 1/2 ft. Since it would not be possible to raise the house, we ask the Court to grant a variance to the Kerr County's Flood Prevention Order and allow us to issue a Development Permit. Th Martinez variance U.S. DEPARTMENT OF HOMELAND SECURITY ELEVATION CERTIFICATE OMB No. 1660-0008 Federal Emergency Management Agency Expires February 28. 2009 National Flood Insurance Program Important: Read the instructions on pages 1-8. SECTION A -PROPERTY INFORMATION For Insurance Company Use: A1. Building Owner's Name Jose Lopez & Martha Martinz Policy Number °2. Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. 117 ACORN CT Company NAIC Number City INGRAM State TX ZIP Code 78025 A3. Property Description (Lot and Block Numbers, Tax Parcel Number, Legal Description, etc.) LOT 20, WESTWOOD OAKS SEC. ONE A4. Building Use (e.g., Residential, Non-Residential, Addition, Accessory, etc.) RESIDENTIAL A5. Latitude/Longitude: Lat. N30-05-18.38 Long. W099-13-15.12 Horizontal Datum: ®NAD 1927 ^ NAD 1983 A6. Attach at least 2 photographs of the building if the Certificate is being used to obtain flood insurance. A7. Building Diagram Number 1 A8. For a building with a crawl space or enclosure(s), provide A9. For a building with an attached garage, provide: a) Square footage of crawl space or enclosure(s) N/A sq ft a) Square footage of attached garage N/A sq ft b) No. of permanent flood openings in the crawl space or b) No. of permanent flood openings in the attached garage enclosure(s) walls within 1.0 foot above adjacent grade N/A walls within 1.0 foot above adjacent grade N/A c) Total net area of flood openings in A8.b N/A sq in c) Total net area of flood openings in A9.b N/A sq in SECTION B -FLOOD INSURANCE RATE MAP (FIRM) INFORMATION B1. NFIP Community Name & Community Number B2. County Name B3. State KERR COUNTY 480419 KERR TX B4. Map/Panel Number B5. Suffix 66. FIRM Index Date B7. FIRM Panel Effective/Revised Date 68. Flood Zone(s) B9. Base Flood Elevation(s) (Zone AO, use base flood depth) 4826500165 E 07/19/2000 07/19/2000 A 1754.7 B10. Indicate the source of the Base Flood Elevation (BFE) data or base flood depth entered in Item B9. ^ FIS Profile ^ FIRM ®Community Determined ^ Other (Describe) B11. Indicate elevation datum used for BFE in Item B9: ®NGVD 1929 ^ NAVD 1988 ^ Other (Describe) B12. Is the building located in a Coastal Barrier Resources System (CBRS) area or Otherwise Protected Area (OPA)? ^Yes ®No Designation Date ^CBRS ^ OPA SECTION C -BUILDING ELEVATION INFORMATION (SURVEY REQUIRED) C1. Building elevations are based on: ^ Construction Drawings` ®Building Under Construction` ^ Finished Construction 'A new Elevation Certificate will be required when construction of the building is complete. C2. Elevations -Zones Al-A30, AE, AH, A (with BFE), VE, V1-V30, V (with BFE), AR, AR/A, AR/AE, AR/A1-A30, AR/AH, AR/AO. Complete Items C2.a-g below according to the building diagram specified in Item A7. Benchmark Utilized RM-33 Vertical Datum NGVD 1929 Conversion/Comments Check the measurement used. a) Top of bottom floor (including basement, crawl space, or enclosure floor)_ b) Top of the next higher floor c) Bottom of the lowest horizontal structural member N Zones only) d) Attached garage (top of slab) e) Lowest elevation of machinery or equipment servicing the building (Describe type of equipment in Comments) f) Lowest adjacent (finished) grade (LAG) g) Highest adjacent (finished) grade (HAG) 1755.27 ®feet ^ meters (Puerto Rico only) n1a. ^ feet ^ meters (Puerto Rico only) n/a. ^ feet ^ meters (Puerto Rico only) n/a. ^ feet ^ meters (Puerto Rico only) n/a. ^ feet ^ meters (Puerto Rico only) 1752.9 ^ feet ^ meters (Puerto Rico only) 1754.8 ^ feet ^ meters (Puerto Rico only) SECTION D -SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION This certification is to be signed and sealed by a land surveyor, engineer, or architect authorized by law to certify elevation information. l certify that the information on this Certificate represents my best efforts to interpret the data available. I understand that any false statement maybe punishable by fine or imprisonment under 18 U. S. Code, Section 1001. ~ - ~..-,~ ® Check here if comments are provided on back of form. Certifier's Name GARY MAX BRANDENBURG License Number 5164 RPLS LAND BOUNDARIES 5164 address 2616 JUNCTION HIGHWAY City KERRVILLE State TX ZIP Code 78028 Signature ~ ~ ~ ~ ~ Date Telephone 830-257-3839 ~~ 2G o~ 8 13 ,~ February 2006 See reverse side for continuation. Replaces all previous editions IMPORTANT: In these spaces, copy the corresponding information from Section A. For Insurance Company Use: Building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. Policy Number 117 ACORN CT City INGRAM State TX ZIP Code 78025 Company NAIC Number 1 I SECTION D -SURVEYOR, ENGINEER, OR ARCHITECT CERTIFICATION (CONTINUED) `~rrCopy both sides of this Elevation Certificate for (1) community official, (2) insurance agent/company, and (3) building owner. Comments TRACT (LOT 20) LIES ENTIRELY WITHIN SHADED ZONE A. 2~~ ~ Date l dr ^ Check here if attachments SECTION E -BUILDING ELEVATION INFORMATION (SURVEY NOT REQUIRED) FOR ZONE AO AND ZONE A (WITHOUT BFE) For Zones AO and A (without BFE), complete Items E1-E5. If the Certificate is intended to support a LOMA or LOMR-F request, complete Sections A, B, and C. For Items E1-E4, use natural grade, if available. Check the measurement used. In Puerto Rico only, enter meters. E1. Provide elevation information for the following and check the appropriate boxes to show whether the elevation is above or below the highest adjacent grade (HAG) and the lowest adjacent grade (LAG). a) Top of bottom floor (including basement, crawl space, or enclosure) is ^ feet ^ meters ^ above or ^ below the HAG. b) Top of bottom floor (including basement, crawl space, or enclosure) is _. ^ feet ^ meters ^ above or ^ below the LAG. E2. For Building Diagrams 6-8 with permanent flood openings provided in Section A Items 8 and/or 9 (see page 8 of Instructions), the next higher floor (elevation C2.b in the diagrams) of the building is ^ feet ^ meters ^ above or ^ below the HAG. E3. Attached garage (top of slab) is ^ feet ^ meters ^ above or ^ below the HAG. E4. Top of platform of machinery and/or equipment servicing the building is ^ feet ^ meters ^ above or ^ below the HAG. E5. Zone AO only: If no flood depth number is available, is the top of the bottom floor elevated in accordance with the community's floodplain management ordinance? ^ Yes ^ No ^ Unknown. The local official must certify this information in Section G. SECTION F -PROPERTY OWNER (OR OWNER'S REPRESENTATIVE) CERTIFICATION The property owner or owner's authorized representative who completes Sections A, B, and E for Zone A (without aFEMA-issued or community-issued BFE) or Zone AO must sign here. The statements in Sections A, 8, and E are correct to the best of my knowledge. Property Owner's or Owner's Authorized Representative's Name GARY MAX BRANDENBURG 'address 2616 JUNCTION HIGHWAY City KERRVILLE State TX ZIP Code 78028 Signature Date Telephone 830-257-3839 Comments Ref E4 (above) A/C condensing unit not installed date of this cert. ^ Check here if attachments SECTION G -COMMUNITY INFORMATION (OPTIONAL) The local official who is authorized by law or ordinance to administer the community's floodplain management ordinance can complete Sections A, B, C (or E), and G of this Elevation Certificate. Complete the applicable item(s) and sign below. Check the measurement used in Items G8. and G9. G1. ^ The information in Section C was taken from other documentation that has been signed and sealed by a licensed surveyor, engineer, or architect who is authorized by law to certify elevation information. (Indicate the source and date of the elevation data in the Comments area below.) G2. ^ A community official completed Section E for a building located in Zone A (without aFEMA-issued orcommunity-issued BFE) or Zone AO. G3. ^ The following information (Items G4.-G9.) is provided for community floodplain management purposes. G4. Permit Number G5. Date Permit Issued G6. Date Certificate Of Compliance/Occupancy Issued G7. This permit has been issued for: ^ New Construction ^ Substantial Improvement G8. Elevation of as-built lowest floor (including basement) of the building: _^ feet ^ meters (PR) Datum G9. BFE or (in Zone AO) depth of flooding at the building site: ^ feet ^ meters (PR) Datum Local Official's Name Title Community Name Telephone Signature Date omments ^ Check here if attachments FEMA Form 81-31, February 2006 Replaces all previous editions Building Photographs See Instructions for Item A6. ~3uilding Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No 117 ACORN CT Clty INGRAM State TX ZIP COde 78025 For Insurance Company Use: Policy Number Company If using the Elevation Certificate to obtain NFIP flood insurance, affix at least two building photographs below according to the instructions for Item A6. Identify all photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View." If submitting more photographs than will fit on this page, use the Continuation Page, following. FRONT 08/19/08 REAR 08/19/08 Building Photographs Continuation Page building Street Address (including Apt., Unit, Suite, and/or Bldg. No.) or P.O. Route and Box No. 17 ACORN CT City INGRAM State Tx ZIP Code 7so2s nsurance ~ .v Number Company NAIC Number If submitting more photographs than will fit on the preceding page, affix the additional photographs below. Identify all photographs with: date taken; "Front View" and "Rear View"; and, if required, "Right Side View" and "Left Side View." LEFT SIDE 08/19/08 ~:s r~;^y ~ t~: ~ ; E ~~ ~~ ~ +~ s `~Wi11M', RIGHT SIDE 08/19/08