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HomeMy WebLinkAbout6.1 BldgCdVariance7852StarwardDr ~ e e AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 23, 1994 SUBJECT: PUBLIC HEARING REQUEST FOR A VARIANCE TO SECTION 2516(m) OF THE UNIFORM BUILDING CODE BY HEIRS OF THE ESTATE OF JOHN YOUNG AT 7852 STARWARD DRIVE Report by: Victor Taugher, Building Official EXHIBITS ATTACHED: ~1) Draft Resolution Granting Variance RECOMMENDATION: a/ 1. 2. 3. 4. 5. 6. open Public Hearing Receive Staff Report Receive Public Testimony Close Public Hearing Deliberate Adopt Resolution Granting Variance FINANCIAL STATEMENT: No impact on City DESCRIPTION: A Code Compliance Survey was requested by Mr. & Mrs. Holman, prospective buyers of the property at 7852 Starward Drive, Dublin. At the time of the request the buyers, and their agent, were verbally notified that if an inspection was made, any code violations observed would have to be corrected. After being assured by the buyers, and their agent, that the. owners of the property were aware of the consequences of an inspection and would make any necessary corrections, the inspection was made. A permit was secured by the owners contractor and all of the items listed for correction were done with the exception of securing the foundation posts to the foundation. Apparently, the 4 x 4 posts were not cut to the proper length and as a result were installed between the concrete pier and the 4 x 4 post. Consequently, the posts are not fastened to the concrete pier. The owners are requesting a variance which would allow the floor supports to remain as is. The rational is that the owners believe this condition exists in the entire tract. We have not inspected the underfloor space in any other houses in the tract therefore we are unable to verify this statement. The owners agent was present along with the buyers agent when the inspection was made, thus the inspection was made at the invitation of both the agents of the buyer and owner. In accordance with City Council policy, the Building Department requested all noted violations to be corrected. It is important that the posts be anchored to the piers to prevent the posts from shifting off the foundation in an earthquake. This type of damage was observed in the recent Northridge Earthquake. In the opinion of the Building Official the finding that the variance is consistent with the intent of the code and that the granting of the variance will not lessen the protection to the people of the city or the property situated therein cannot be made. f On May 9, 1994 the City Council continued the matter for a variance to Section 2516(m) of the Uniform Building Code and directed Staff to prepare a resolution granting the variance. ~;;;-;~~]f)~:(----------------------~~;~;;-;~;--;;~~;-~;~~;;ii------- Ron & Fawn Holman Fred DeGregoire e e RBSOLUTION NO. - 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN GRANTING A VARIANCE FROM THE PROVISIONS OF THE UNIFORM BUILDING CODE (7852 STARWARD DRIVE) WHEREAS, The Heirs of the Estate of John Young, as owners of the property located at 7852 Starward Drive In DUblin, have applied for a variance from the provisions of the uniform Building Code (Section 2516(m)) which requires a positive connection between the post and the pier to prevent uplift and lateral displacement; and WHEREAS, on May 9, 1994, the City council held a duly noticed public hearing to consider the applicants' request for a variance in accordance with Dublin Municipal Code Section 7.28.170; and WHEREAS, the city Council reviewed and considered the Staff report, the written and/or oral evidence presented to 'the city council in support of and in opposition to the request for a variance; and WHEREAS, the 4 x 4 vertical posts which support the floor girders of 7852 starward Drive are not fastened to the concrete piers; and WHEREAS, there is testimony that several other homes in the immediate vicinity of 7852 Starward Drive which were built by the same developer also have vertical posts which are not fastened to the concrete piers; and WHEREAS, the house was constructed and first occupied approximately 34 years ago when the property was located within the jurisdiction of the County of Alameda; and WHEREAS, it appears that the house was originally constructed without any fastening between the vertical posts and the concrete piers; WHEREAS, the house was approved for occupancy by the County of Alameda. ~,~ e e NOW, THEREFORE, BE IT RESOLVED by the city council of the city of Dublin that: 1. A variance from Section 2516(m) of the Uniform Building Code is granted for the property located at 7852 starward Drive. 2. The variance will allow the vertical post supporting the girders to remain in their current condition, that is, without being fastened to the concrete piers. THE COUNCIL FINDS, based on the facts set forth above, that: A. The granting of this variance is consistent with the purpose of Chapter 7.28 of the Dublin Municipal Code. B. The granting of this variance will not lessen the protection to the people of Dublin and property situated within Dublin. PASSED, APPROVED AND ADOPTED this 23rd day of May 1994 AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: city Clerk