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Smith Variance and Encroachment Agreement – 12033 Everton Avenue North <br />Page 4 <br /> <br /> <br /> 4 <br />(5) Hazard Consideration. The variance, if granted, shall not permit a lower degree of flood <br />protection than required by this chapter. The variance shall be determined the minimum <br />necessary, considering the flood hazard, to afford relief, and the variance shall not be issued <br />within any designated regulatory floodway if any increase in flood levels during the base flood <br />discharge would result. <br />The property is not located within a FEMA designated floodplain. <br />(6) Septic and Well Compliance. The sewage treatment system and water system of the subject <br />property is in compliance with city and state codes. <br /> <br />The property is served by municipal water and sanitary sewer services. <br /> <br />6. CONCLUSION: <br /> <br />It in staff’s opinion that the applicant meets all the criteria necessary to approve the variance and <br />encroachment agreement requests. <br /> <br />7. RECOMMENDATION: <br /> <br />Staff recommends approval of the variance and encroachment agreement requests subject to the <br />conditions in the resolution. <br /> <br />8. BOARD OF ZONING RECOMMENDATION: <br /> <br />The Board of Zoning Adjustments and Appeals unanimously voted to recommend approval of <br />the variance request. <br /> <br /> <br />ATTACHMENTS: <br />1. Location Map <br />2. Variance Resolution <br />3. Encroachment Agreement Resolution <br />4. Encroachment Agreement <br />5. Site Plan <br />