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Regular Agenda Item 2. A.

Regular BOS Meeting

Meeting Date:	03/05/2024
Submitted For:	Darde De Roulhac	Submitted By:	Thomas Goodman, County Engineer
Department:	Public Works

Information

Request/Subject

Floodplain Management Ordinance Variance Request by Steve Medina for Parcel Number 304-33-414.

Background Information

In August 2022, Community Development Department Code Enforcement opened a case for this property for building an addition onto the manufactured home without permits, including the required floodplain use permit. Construction continued.
Flood Control District staff sent a formal notice of violation and cited specific requirements from the Gila County Floodplain Management Ordinance that needed to be addressed. These items were the required minimum floor elevation, flood damage-resistant materials below the regulatory flood elevation, and flood vents in the walls around the crawl space below the room addition.

Mr. Medina provided an elevation certificate which showed that the floor elevation, as constructed, was not built high enough to meet the regulations designed to protect occupants during the 100-year regulatory flood event; however, flood vents were added to relieve pressure from flood water against the crawl space wall.

In August 2023, Mr. Medina asked about the procedure to get a floodplain variance.

On November 30, 2023, Mr. Medina requested a floodplain variance. Subsequently, staff reviewed his request and suggested that it might be to his advantage to provide more detail and justification for the variance request. A copy of the Ordinance was also sent to him with sections noted that are relevant to variance procedures that would be advisable to consider and to explain how a variance would be justified for this project. He requested time to revise it.

On January 9, 2024, the request was re-submitted, which is shown in this report.

Evaluation

This request does not ask for a variance from any specific provision of the Ordinance. Rather, a request is made for a variance from the provisions of the Gila County Floodplain Management Ordinance for this parcel. The Ordinance is designed to provide a measure of safety in times of flooding. The floor was constructed 2.2 feet below the required floor elevation, which has created a potentially hazardous situation.

The 100-year flood water depth is estimated to be four feet at the driveway location. This makes it risky to evacuate on foot or by vehicle as flooding gets to the level where it is entering the home. It also puts emergency responders at unnecessary risk.
The specific criteria in the Ordinance that the Board needs to consider in granting a variance to the Ordinance were not specifically addressed. The attached staff report gives additional details about the background and evaluation material noted here and provides photos, the request letter, and excerpts from the Gila County Floodplain Management Ordinance.

Conclusion

There are health and safety issues for future building occupants and emergency responders, if a variance is issued to allow the building addition floor to remain below the regulatory flood elevation. There are also flood insurance premium disadvantages. The advantage to granting a variance appears to be purely economic, at the expense of the health and safety of occupants and future owners and occupants.

The Ordinance allows a variance to be granted for an “exceptional hardship that would result from failure to grant the ordinance.” It further states that it is required “that the variance be exceptional, unusual, and peculiar to the property involved." Mere economic or financial hardship alone is not exceptional.

Recommendation

Staff recommends that this variance request be denied for the reasons stated above.

Suggested Motion

(Motion to recess as the Gila County Board of Supervisors and convene as the Board of Directors of the Gila County Flood Control District.) Information/Discussion/Action to approve or deny a request submitted by Mr. Steve Medina for a variance from the requirements of the Gila County Floodplain Management Ordinance for a room addition to a manufactured home at 107 S. Cottonwood in Gisela, which was built without a permit and is not in compliance with the Ordinance. (Darde de Roulhac) (Motion to adjourn as the Board of Directors of the Gila County Flood Control District and reconvene as the Board of Supervisors.)

Attachments
Staff Report Re: Floodplain Variance Request-Parcel No. 304-33-414