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Item No. 1 PC: 10-21-93 VR-93-3 Page 3 STAFF ANALYSIS POLICY CONSIDERATIONS: The General Plan designation for the project site is Residential, Medium Density. The gazebo has been constructed inside the floodway of the Mokelumne River as defined by the Federal Emergency Management Agency's (FEMA) Flood Insurance Rate Maps. Before a Variance can be granted, required findings of fact must be made by the County. As detailed in the "Findings" section, Findings No. 1, 2, 3, 4, and 5 can be made. To make Finding No. 1, it must be shown that there is good and sufficient cause for the Flood Variance. The applicant states that if the proposed gazebo is not allowed, this property would certainly be denied a privilege enjoyed by all properties in the vicinity. The applicant has requested the privilege to construct a gazebo on his property in accordance with Section 9-1605.17(b) of the Development Title. A review of the site revealed that nearby property owners have similar type facilities. To make Finding No. 2, it must be shown that failure to grant the Flood Variance would result in exceptional hardship to the applicant. The applicant states that substantial costs have been incurred to obtain a building permit (temporarily revoked) and to construct approximately 90 percent of the gazebo. Because it does not appear that the gazebo would be damaged during the 100-year flood, removal of the gazebo will result in the loss of an outstanding feature of the property. To make Finding No. 3, it must be shown that the Flood Variance will not result in increased flood heights, additional threats to public safety, exceptional public expense, create nuisances, cause fraud on or victimization of the public, or conflict with existing local laws or ordinances. The applicant states that the gazebo is not in the floodway; therefore, Section 9-1605.17 does not apply. However, the location of the gazebo was plotted on FEMA's Flood Insurance Rate Map for this area by Public Works staff, and the map shows that the gazebo is located inside the boundary of the floodway of the Mokelumne River. The applicant has provided a statement that the gazebo will not result in increased flood heights. To make Finding No. 4, it must be shown that the Flood Variance is the minimum necessary, considering the flood hazard, to afford relief. The applicant states that relocating this gazebo is not realistically or economically feasible, and its proximity to the river is essential for the intended use. Staff agrees that this structure cannot be economically relocated. To make Finding No. 5, it must be shown that granting the Flood Variance will not constitute a grant of special privileges inconsistent with the limitations on similarly situated properties subject to the County's flood regulations. The applicant states that the reconstruction of the gazebo is a privilege enjoyed by all of the properties along the river, including the City of Lodi. Staff agrees that nearby property owners have similar type facilities. The applicant's findings are attached.