Substantial damage to one townhome of a group as one structure

[Mike Gambino]

I have found some guidance on this, from a letter penned by FEMA in 1995.  I am paraphrasing as follows:

 

Miami-Dade’s concern is the substantial damage rule could not be applied to the other units with minor damage. Therefore it would not be feasible to elevate the individual unit that was substantially damaged.  The response was variances should only be issued after a case-by-case analysis and a determination that it would not be technically or legally feasible to elevate the single unit.  It might, however,  be feasible to elevate a unit if it were an end unit, depending on how it was attached to the rest of the units.  It may also be possible to abandon living areas of  the ground floor if it is mainly used for parking, access or storage.  In addition, the deed covenants governing the association may address these types of damage situations.  The bottom line was that careful review of all the circumstances should occur before issuing a variance, and retrofitting for flood protection should also be required as a condition.

 

Again, this is not an official interpretation by anyone, just my opinion based on some verbage I found.

 

 

 

M. Gambino, CFM

Floodplain Administrator

City of Miami Gardens

Public Works Dept.

1050 NW 163 Drive

Miami Gardens, Fl.  33169

Tel. 305.622.8039

Email: mgam...@miamigardens-fl.gov

 

[Scott Fraser]

Well Mike, that's the most relevant information I've yet seen on this concern.  Thanks.

Scott
Scott Fraser
FEMA Coordinator/Floodplain Administrator
305-809-3810 o.
305-923-4964 c.
sfr...@keywestcity.com

[Duperault, Joy]

Hello, everyone... we were waiting for someone to completely vet this one since it has some complications, but it seems everyone's "out of the office" (including myself...) Steve Martin in the state floodplain management office promises me that he'll prepare something for you tomorrow-- so sorry we haven't been very helpful to date... please forgive.

Reply from Joy Duperault
WebMail Access

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[Mike Gambino]

Let’s put it another way:  the Federal Register definition of substantial damage states:  “…Damage of any origin sustained by a STRUCTURE whereby….”  It does not state “or an individually owned or separate unit within a structure”…This goes back to my first point

 

M. Gambino, CFM

Floodplain Administrator

City of Miami Gardens

Public Works Dept.

1050 NW 163 Drive

Miami Gardens, Fl.  33169

Tel. 305.622.8039

Email: mgam...@miamigardens-fl.gov

 

From: fl_flo...@googlegroups.com [mailto:fl_flo...@googlegroups.com] On Behalf Of Scott Fraser
Sent: Monday, October 03, 2011 3:59 PM
To: fl_flo...@googlegroups.com
Subject: Re: Substantial damage to one townhome of a group as one structure

 

Well Mike, that's the most relevant information I've yet seen on this concern.  Thanks.