Public Hearing and Consideration of Variance: Request for a Variance from the Floodplain Regulations for the Proposed Home Reconstruction in the Floodway of a Fire Destroyed Home at 504 S O'Leary St.

1) Open the Public Hearing.
2) Receive staff input if needed.
3) Receive citizen and applicant input, and receive additional staff input if needed.
4) Make Findings.
5) Close the Public Hearing.
6) Approve the variance, approve the variance with conditions, or deny the variance. Both the Water Commission and City staff recommend approval of the variance.

The residence at 504 S. O’Leary Street was substantially damaged by fire in June of 2014 and is proposed to be reconstructed. The pre-fire building footprint lies within the regulatory floodplain and floodway of the Rio de Flag Wash (see attached flood map). While this project consists of reconstruction of a fire destroyed building, the reconstruction still technically qualifies as “new construction”. The City of Flagstaff floodplain regulations prohibit new construction within a regulatory floodway (Section 12-01-001-0006.7) and therefore the owner is requesting a variance. A variance to the Floodplain Regulation can only be granted by the City Council acting as the Floodplain Board (Section 12-01-001-0007.1A). The Regulatory Floodway is the channel of a watercourse, and the adjacent land areas, that must be reserved in order to discharge the 100-year flood without cumulatively increasing the water surface elevation by more than one foot. It is typically the part of the 100-year floodplain with the greatest floodwater depths and velocities, and thus the greatest hazards. Establishing Regulatory Floodways provides an area where further obstructions to the flow of flood waters are not allowed. Ideally, a floodway will remain unobstructed, which is the intent of the city’s prohibition on new construction in these areas. However, the flood study that determined the location of the floodway in this area was completed after the pre-fire home was constructed, and therefore the pre-fire home was included as an existing obstruction in the floodway. This is why the proposed reconstruction will not increase flood depths or velocities because the proposed building footprint in the floodway is actually smaller than the pre-fire building footprint. The development will be required to adhere to all other local laws, ordinances and City of Flagstaff development requirements that include the City of Flagstaff Floodplain Regulations which exceed the minimum National Flood Insurance Program requirements. The owners have submitted a site plan and report that shows to the satisfaction of City staff that the reconstruction of this home does not victimize the public with fraud, extraordinary public expense, increased flood heights or additional threats to public safety. Council has requested that the Water Commission review all variance requests and make a recommendation. The Water Commission heard and discussed this variance request on July 16, 2015. The Commission voted to approve the variance with one dissenting vote. A draft copy of the Water Commission minutes from July 16, 2015 and is attached.

Therefore, staff recommends that the City Council, acting as the Floodplain Board make the following findings:
a) Good and sufficient cause exists for the variance;
b) Failure to grant the variance would result in exceptional hardship for the applicant;
c) The use cannot perform its intended purpose unless it is located or carried out in close proximity to the water;
d) The variance will not result in increased flood heights, additional threats to public safety, extraordinary public expense, create nuisances, cause fraud on or victimization of, the public, or conflict with existing local laws or ordinances.

There is no cost to the City associated with this variance.

COUNCIL GOALS:
7) Address key issues and processes related to the implementation of the Regional Plan
11) Ensure that we are as prepared as possible for extreme weather events

REGIONAL PLAN:
Goal LU.1. Invest in existing neighborhoods and activity centers for the purpose of developing complete, and connected places. Policy LU.1.1. Plan for and support reinvestment within the existing city centers and neighborhoods for increased employment and quality of life.

Goal NH.1. Foster and maintain healthy and diverse urban, suburban, and rural neighborhoods in the Flagstaff region. Policy NH.1.1. Preserve and enhance existing neighborhoods.

No

 1.Approve the variance. Approval of the variance automatically requires the development to adhere to all other local laws, ordinances and City of Flagstaff development requirements that include the City of Flagstaff Floodplain Regulations which exceed the minimum National Flood Insurance Program requirements. The owners have submitted a site plan and report that shows that the reconstruction of this home does not victimize the public with fraud, extraordinary public expense, increased flood heights or additional threats to public safety.  Recommended motion to approve:  The appropriate findings made, move to approve the variance.
2. Deny the variance. 
3. Approve the variance but with additional or lesser conditions attached. Staff does not recommend lesser conditions because this could result in a development that does not meet the minimum National Flood Insurance Program requirements for construction in a floodway which would not protect the public and adjacent property owners and could lead to a formal violation of the NFIP.
 

 

Inform
Involve