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Board of Zoning Appeals grants floodplain variance for Big Cedar Court property after years of FEMA dispute
Summary
The Board of Zoning Appeals authorized a variance enabling construction of an attached garage addition at 1303 E. Big Cedar Court after staff and state floodplain managers advised that the property has effectively been elevated and a future FEMA map update should correct the designation.
The Board of Zoning Appeals voted to authorize the chair to sign a resolution granting a floodplain variance for property at 1303 East Big Cedar Court, allowing construction of a garage addition that would otherwise be subject to base flood-elevation restrictions.
Staff explained the case is unusual: grading and elevation work performed years ago should, in staff and local engineers’ view, have removed the house site from the special flood hazard area, but FEMA’s current map nevertheless shows a portion of the property in the floodplain. Staff said state floodplain officials agreed that a variance is an appropriate remedy while the county and FEMA complete a multi-year map revision cycle.
Applicant Philip Davidson (1303 E. Big Cedar Court) told the board he moved in in 2006, has spent roughly $20,000 on engineering in recent years and believes the property was a clerical error on FEMA’s map. "I think it was a clerical error," Davidson said, adding his engineers and the city concur that the home was built at higher elevations and that the grading work predates the map discrepancy.
The board reviewed variance criteria including danger to life and property, susceptibility to flood damages and access during floods and generally concurred that the property had been elevated above the base flood elevation. Staff noted flood insurance would still be required until FEMA adopts a corrected map, expected in coming years. A motion to authorize the chair to sign a resolution granting the variance passed by voice vote.
Next steps: the resolution will be signed and retained in the case file; property owners retain responsibility to maintain flood insurance until FEMA’s revised maps are effective.
