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HomeMy WebLinkAbout6.3 Brick Fireplace PermitAGENDA STATEMENT CITY COUNCIL MEETING DATE: August 24, 1992 SUBJECT: PUBLIC HEARING Request for Variance to Section 3704-C Dublin Building Code to Permit an Existing Brick Fireplace and Chimney to Remain Without Proper Reinforcing and Ties to the Framing at 7884 Tamarack Drive, Dublin Report by: Victor Taugher, Building Official EXHIBITS ATTACHED: 1) Letter dated June 19, 1992 from Timothy M. Hyden incorrectly addressed to the Dublin Planning Department. 2) Resolution 63-88 Relating to City Council Policy Pertaining to Code Violations. 3) Letter dated August 14, 1992 from Timothy M. Hyden with attachments regarding inspection of 8/7/92. 4) Memo received 8/20/92 from Mr. Hyden with attached Engineers report. 5) Examiner Newspaper Article of 6/29/92 Regarding Earthquake Incident. 6) Draft Resolution Denying Variance. 7) Draft Resolution Approving Variance. RECOMMENDATION: ~l~1. Open Public Hearing ~v 2. Receive Staff Report 3. Receive Public Testimony 4. Close Public Hearing 5. Deliberate 6. Adopt Resolution Approving/Denying Variance FINANCIAL STATEMENT: No additional cost. DESCRIPTION: Discussion: While making inspections in the neighborhood the building inspector noted that the house at 7884 Tamarack was be~ng remodeled without a permit. Subsequently, necessary permits were secured and the remodel work has been completed and approved. During the course of the inspections it was noted that the fireplace had been installed without a permit by a previous owner. In accordance wit~ the policy expressed in Resolution 63-88, our inspector investigated the construction of the fireplace as indicated in Exhibit 4. It was determined that there is no horizontal reinforcing steel in the chimney. Also, the chimney is not tied to the framing at the ceiling line. In addition the fire box is open on three sides. Therefore, two of the four vertical reinforcing bars in ~~ CITY CLERK FILE _ ~ `~ 5 ~ Y a .1 ITEM NO. ~„ 3 COPIES TO: Timothy M. Hyden the chimney are not tied into the foundation. The adequacy of the foundation is not known. The applicant indicates that the fireplace was constructed by a former owner possibly as much as 20-years ago. Records indicate that the house was completed October 11, 1961. The applicant indicates to remove or reconstruct the fireplace would be a great expense. An alternate to complete removal would be removing the chimney down to the top of the fire box and then replacing the chimney with a "factory-built" metal chimney. In Mr. Hydens August 14, 1992 letter (Exhibit 3) it is suggested that the chimney be tied to the framing above the ceiling. This would be a structural improvement, but would not assure that the chimney would survive in a major earthquake. The need for properly reinforced chimneys has been demonstrated in all of the damaging earthquakes that have occurred in California. In the event of a major earthquake on the Calaveras Fault violent earth shaking can be expected in Dublin. For purposes of comparison, the measured ground acceleration in Dublin during the Loma Prieta was .lg. The expected accelerations in Dublin from a nearby earthquake on the Calaveras is about .62g. Although this chimney did not suffer any distress in the Loma Prieta, it is highly probable that it could collapse if the ground shaking was six times that of the Loma Prieta earthquake. In order to grant a variance the City Council must find that the variance is consistent with the intent of the code and it will not lessen the protection to the people or the property within the City. It is the opinion of the Building Official that those findings cannot be made. Therefore, the Building Official recommends that the variance be denied. The Building Official further recommends that the applicant be directed to remove the chimney and fireplace and that removal be commenced within 30 days and completed within 60 days. 2 ~~C;~1`!~~ FACSIh1IL$ ~w o~cEs OF TIMOTHY M. HYDEN THE CE:~lTERPOII~IT BUII,DING 18 CROW CANYON COUErT, SUTTE 380 SAN RAMON, CAI,IFORNIA 94583 ~ .~_~: ~ ~:;t.J3~;i'~ ~iAi`~ivf~~ TELEPHONE (510)831-8~88 June 19, 1992 Dublin Planning Department 100 Civic Plaza Dublin, C~~ ~;SbS Re: Variance Application for 7884 Tamarack Drive, Dublin Gentlemen: (510)831-0636 I have been issued a Warning Notice by Mr. White of the Dublin Building Inspection Department alleging that the fireplace in my home, into which I recently moved, was built over 20 years ago without a building permit. This Warning Notice demands that I comply with Dublin Code provisions which would require that I, at great expense, tear down and remove the fireplace. I intend to apply for a variance with the Dublin Planning Department. Accordingly, please provide me with information regarding the Planning Department's procedure for an application for variance. Thank you for your assistance in this matter. Sincerely, ;__ ~- TMH:fw c.c. Robert C. White -, _ __ .~____ ..~-~=~~---- . .. ,J . M. HYDEN ~~ ~ ~ a. ~~ ~ ~~ ~ ~ RESOLUTION N0. 63 - 88 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ;F ~. ~ ~. y k_~..~ _r..L .i. e_ .~ .i_ .~. :c i: :: ~: -~ ~. y j..a. a a. . .. .. .. .. .. .. .. .. .. .. .. .. .. ESTABLZSHING A POLICY FOR ENFORCEMENT OF ZONING, BUILDING, HOUSING, AND PROPERTY MAZNTENANCE VIOLATIONS AND RESCINDING RESOLUTION N0. 75-84 WHEREAS, the City Council of the City of Dublin did by Resolution No. 75-84 adopt the "Enforcement Procedures for Zoning, Building and Housing Violations, and Construction t•lorlc Laithout Permits"; and WHEREAS, the Resolution identified both Administrative Procedures and Enforcement Policies; and 6JHEREAS, the City Council has recently adopted a Property hlaintenance Ordinance;and WHEREAS, the City Council is desirous of establishing an enforcement policy for the Property Maintenance Ordinance which is consistent with the established policy for Zoning, Housing, and Building Violations; and WHEREAS, the actual procedures for enforcing a particular law are already covered in City Ordinances and applicable sections of the State Law; and WHEREAS, it is necessary to rescind Resolution No. 75-84 and adopt a new Resolution which includes the Property Maintenance Ordinance. NOW, THEREFORE, BE IT R~SOLVED that the City Council of the City of Dublin does hereby adopt the "Enforcement Policy for Zoning, Building, Housing, Construction Wortc Ldithout Permit and Property Nlaintenance Ordinance Violations", attached hereto and identified as Exhibit "A". BE IT FURTHER RESOLVED, that the Resolution No. 75-84 is hereby rescinded. PASSED, APPROVED AND ADOPTED this 25th day of Apri1, 1988. AYES: Councilmembers Hegarty, htoffatt, Snyder, _ Vonheeder and Nlayor Jeffery NOES: None ABSENT: None r - ,-- _ G ~ ,4~ ay A~'~'..r-'~ City C rc ~~~.~~~~~'° ~ ~ ~ ~~~ ~ EXHIBIT "A" ENFORCENIENT POLICY FOR ZONING, BUILDIC~G, HOUSING, CONSTRUCTION OF 4JOP.K 6~)ITHOUT PERNIIT, AND PROPERTY rIAINTENANCC VIOLATIOI~]S This procedure is to be follocaed in investigating complaints regarding possible violations of building regulations, construction worlc without permit, zoning ordinances, housing codes, or violations of the Property Nlaintenance Ordinance. GENERAL POLICY - INVESTIGATION ON CONIPLAINT BASIS These ordinances generally wi11 be enforced on a complaint basis except that: 1. Building work actually observed to be under construction without permits will be investigated without a complaint. 2. Violations observed on praperty where the inspector has a legitimate reason to be on property, such as a routine follow-up inspection on a Variance or Conditional Use Permit, or when inspecting construction under a permit, violations observed on the property will be investigated without a complaint. 3. Conditions brought to the attention of the City in any manner which involves public health and safety. CO1~IPLAIrIT INFORMATION .1ny person making a complaint sha11 give their name, address, and telephone number. This is necessary so that the complainant can be contacted and advised of the status of the investigation. It rnay also be necessary to contact the complainant to secure addi-tional information regarding the problem. Section 6254, of the Government Code, provides that records of investiga- tions of complaints are not public records. Therefore, investi~ations of com laints will be lce t confidential, and information wi1~-not ~e disclosed except as require y a court or er. EXC~PTIONS TO COMPLAINT INFORPIATION In establishing this policy the City Council recognizes that a person whose property is being investigated may point ou~ several similar violations in the immediate area. It may be inequitable to require abatement of a violation when the same violations may exist in the immediate vicinity and are not investigated because a complaint is not received. Tt~~refore, ~ahenever the situation discussed above occurs, any violation in the immediate vicinity which is similar in nature and readily visible or which is pointed out to the investigator ~ail1 be processed as thou~h a complaint had been registered. 'NONYMOUS COMPLAINTS All anonymous complaints will be investigated. Hoc~ever, no action ~vi11 be taken on anonymous complaints cahere the City P~lanager or Building Official determines the matter does not ~varrant further action. These cases ~aould be closed following the investigation and a determination by the City Mana~er or Building Official. LAW OFFICES OF TIMOTHY M. HYDEN FACSIMILE (510)831-8483 THE CE\'TERPOIl~IT BUII.DING 18 CROW GL'~iYON COiTIri', SUT1E 380 SAN RA:'~fON, CALIFORNIA 94.583 August 14, 1992 Victor L. Taugher Senior Building Official City of Dublin P.O. Box 2340 Dublin, CA 94568 TELEPHONE (510)831-0636 Re: Request for Variance for fireplace located at 7884 Tamarack Drive, Dublin; City Council meeting August 24, 1992, 7:30 P.M. Dear Inspector Taugher: Thank you for meeting with me at my home last Friday to inspect my fireplace. Enclosed you will find my Memorandum to the City Council of Dublin. I have sent this Memorandum (with the attached photographs) to the City Council. Thank you for you continued courtesy and cooperation in this matter. Sincerely, __. - ----~ ~`~-- ~ ~- - ~~--- ~ TIMOTHY M. HYDEN ~ ~,~. ~~ i 1 ~ ? ~ ~ : ~ ~ ~~ ~ _.~ ~` ~' ~~~ ~ ti ~ ~ ~1 -,~. ,~... rv; ~ r !1 'I ~ j S ~J L ~ 'r',U ~. i , Ci i Y C1~ cu~ura n1 ~~~ -,1!,'` ii t;-r,^.r-^'°r,il /~ '=~T Gt~'.. L.~ : . :V'..:i ~...~.. /:. . ~~~ ~~ ~~~ ~ ~~~~~~~ ~ MEMORANDUM , .._, ..~, ~. ~,_, 15~~ -.- ,:1 l: , ,% To: City Council of Dublin ^;-,~ ~ J~ ~4~~! i~ ~ From: Timothy M. Hyden }~ i~ •,~-- ~;.;:;,-;~T rr.~r GU.ti:J., ~J ~~ _ ~.. . ~~....~''~ J_. .. Date: City Council Meeting, 7:30 P.M., August 24, 1992 Re: Request for Variance for Fireplace Located at 7884 Tamarack Drive, Dublin BACKGROUND This property was purchased by John R. Lynch and my father Ma~c D. Hyden in 1970. Each owned a 50% interest in the property. The offending fireplace was in existence at this time. My father was killed in an airplane accident. He left his 50% interest in this property to me under his Will. I recently purchased his partner's interest. Intending to make this house my home, I began painting, cleaning and remodeling. A Dublin City Building Inspector came by and issued an Order to Stop Work for failure to obtain a work permit and for failure to obtain worker's compensation insurance. I subsequently obtained both, but was informed that my fireplace was buiit without a permit some 22 years ago and that I would be required to tear it down because it allebedly ran afoul of current Building Code requirements. THE FIREPLACE Engineer Mettler of TEI Consulting En~ineers performed an inspection of and pachometer test on the fireplace. Senior Building Inspector Taugher has read and reviewed Engineer Mettler's report. The report concludes that the fireplace is a stocl.y brick structure constructed with vertical steel reinforcement bar. It is 6'3" in length and 2'9" in width. The structure narrows above the ceiling line to 2'S" in length and 2'0" in width. It is not "tied" to the rafters. The fireplace is not deteriorating nor are there any cracks present in the masonry. Engineer Mettler informs me that the fireplace is a"short, rigid mass which is quite stout". REQUEST FOR VARIANCE p~ '„ ~~' ~ ~ i ,~ ~' ~ ~ !' { ; ~ _ r'~ ~ ~ 3 . ~~ i ~".~~ - The estimated cost of demolishin~ and replacing the fireplace is between $8,000.00 and $10,000.00 (estimate provided by Brushes and Broomsticks, a fireplace company located in Hayward specializin~ in fireplace construction and repair). Memorandum City Council of Dublin Request for Variance for Fueplace I have already exhausted my savings in purchasing my father's partner's interest in this property and in remodeling the same to make it my home. It will be financially impossible for me to spend an additional $8,000.00 -$10,000.00 to tear down and replace the fireplace if the City of Dublin requires me to do so. A less drastic remedial alternative to demolishing the fireplace is to construct and install masonry "ties" which would bind the structure above the ceiling to the rafters. Building Inspector Taugher informs me that binding the chimney in such a fashion - although not the ideal engineering solution - would greatly enhance the structural integrity of the fireplace. I respectfully request that the City of Dublin allow me to strengthen the fireplace with masonry "ties" rather than demand that I demolish my fireplace. This fireplace has been in place for at least 22 years and has not deteriorated. It will in all likelihood outlast the house built around it. TH ~ `~ ~y/,~ \ ~, ~ ~ +` 1~ ~~.. ~ ;. ~ 13 r~~ ~ 1 ~ ~. ~ 1?~..w... ~ ~~q0.1y ... ~...,eVii J . . _ ~'~~' a ~ .-;.:~ ,a.:; 3r ' ... . ~ ~ '~dRj4~~ Tu k 3~ A'~ ~' ~~ IF ~,'~n t '.1 .~, ~" i ~.: A ~ 39} ~ ~~ ~ . ~.i.:=~'~~' ~ , .. ~t;~ .. .r ,3,~ -•4;~'t„~y"#y; . ~z jbY~ ~ l.~. . , .' ~. ~`53ii{di'~'As'C ~ ' i ~: ~r. ;:: . . I!~'sri~ ~~ ~'~ ` ~ ~ {-~ = . .......___..__ ._" ....y~-r'~..._ „: es~2e~yz o•3:c~s ~ a si~+s~i aa1~3 1~~4~r~r?RANL~L~M CF.'E61 ?~ H'1GEN LRI,J F.01 a ° ~~~ .. :~ . .~'~•'Y .. . ` ~ ..', J( ~ J Jr. t.. e?~ ,,. ~, f ~/~n y `' c~',~'', v ~E~ \ ~ } : °> `~ ~2 ~f ~t~ ~ ~~ 'I'a: Victur Tau~h~r, Sr. I3uildin~ Offi~l~~t ~.,~,."~:*_ ~i~ Prc~m; '~'irnothy M. II}~den ~`-~~? ~'~ ~ ~i~ C9~~ !y~ d ~tc.: Fli'C%Y~z~cc lc~c~~ted at 7884 T3»>~r~ck Driv~, I7ublin ~a~.'~ Pcr your rec~uest, plcase find a f<uc ce~py of TEI C~nsultin~ Engirleers' Inspection Report. 1~'h;s is tl~c rc~,urt y~u revicwcd wl~eu yi,u vi~iiccl ruy hUme tU insj.~cct thc~ fire.pla~e. This problein cam~ dbt~ut wlieii une uf y~ur builtlin~ ins~eCt01'5 il3fUiit]ed 1I]e that l~e was canccrncd the fi~~eplacC ~nay have been built withotit reinforCin~ stecl b~,rs. The ~,ur~~,usc fur which I enzplaycd I'EI Gonsultin~ En~ineers was io detcrniine if the firc~~lacc. had been c~l~,rructeci wiih reinforCing steel l~ars. Engineer Mettl~r pcrfc~rmed thc ~~yJ~rc,}~riate ins~cction and pachome~~r test and lc~cat.ccl thc reinforcin~ titcci b~rs, After I rc~cived your ~1raLt A~encia Statcmcnt I telephone Lngin~er Mcteler to discuss it. IIe inform<;il ~uc: uvcr the t~ic~rhonC ihal i[ w~ta lii~ c~j~iniUT1 th`c1t the firanlaee .w.]ti n~~S~ltif't. riNi~l in:i~c whi~h ir n»Ita e~.;~,i ..~..1 .,....,1.1 ,,, .,ti lAttGr statet~lent in my mCmOt~allCluui te~ tt~e City CouncIl), I rec~uesttd ~nginc~.r M~ltlct~ tu tlrt~ft ~~ lcttcr tG i~tc stati~~~ lhe same. I~i~ S~~t) l~e tiv~l~ld be h~ippy lu ls~,t tL~it }te ~~vt~ulcj h~ve tu ~)CI~rUI[I1 ~h~ iCC]~1151tC teSt~, mcasurementti ~ind ins~iGilic~tiy ~~ricyr ic~ tlr~ftin~ Suc;li a lclier and tha~ ttte ttppr~xim~ate ~ost to mc wc~~ilcl be ~n additional $B~O.OU. I-~flV1I1~ ~liC.~C~~' S~et11 c1 tlC~y Sllll] ~O C~L1CitI1 t}IG ~)iiChUI11eI~1' J'C~)UII and havir~g expc~ldcc] $1,OO~,pO ta obtain Wuikc~s C~In~ensation ins~~r~~nce ~s I•~~ujr~d l~y the City of Dul~sli~i, I w~s ~~cst ~n a fi~~ancial }:,c,si~iu,~ ~u ;~~~nci aii ~~ditinnal $~00.00. Plc~sc ii~clude this memor~~t~~]uiii iri y~ur A~cnda St~lten~en~ alUng witl~ the F,n~inccr'c rGp4rt. Thznk ynu, , „~ ~ , ~,~~. ~ ,L.~.: ~ . , ~~ ~ ~ :~ s~ ~ ~: n ~ ~ ~ March 6, 6•di2yi'3"'< G?:~J4 a 51~~~~1 842~ CF,'Eld ~F H'rUEFl LGI.,J '~ , •~ II ~~ \L~~?~~~~~!! ~1 V~ ~~~ll~~~Il~~ A Division of Testing Epgineers, Inc. 1992 Work Reques~ No. 92008 TIM HYDE~T ~8 Crow Canyon P~2~ce, Suite 384 San Ramon, CA 94583 SUBJ: Pachometer Suxvey 788q Tamarack Drave ~ Dublin, CA De~r Mr. Hyden: As requested, we have completed the sub~ect work. PURp08E F' . ~+ ~ ~'he purpase ot aur work was to datermine the presence of re~ntoroing steel in ~he xed cpmmon brick chimney at the subject lacati,on . ~I2QCEbUREg AND I2~SULTB The chi,mney wal~s wexe sux~veyed with a~Tames R-Meter (pachome~er} and a Fisher M-100 Rebar Locator. Thes~ instrumen~s are capab~e o~ detecting a number 4(1/2~~ diameter) reinforcing steel bar at approximately four ~nches (4~~~ o~ concrete covex. L~rgex diameter r~inforcing stee~. bars may be detected at greatex depths of concrete cavar. Ca].ored keel crayon was used to mark the location of the detected bars on the chimney stzrface~ Re~.nforcing steeJ, bars were detected and exposed on the top ha2f section of the chimney; refer to photograph 1 for a v~.ew pt the exposuxe and F~gure 1 for the as-built d~tails qf the chimney. The reinfarcing steel detected axe deformed number 4 reinforcirig steel bars. No reinforcing steel was detected in th~ hear~h and base o~ the chimney up to the first floor ceiling line. If you have any qu~stions regarding this report, or it we may be o~ ~urther service, pl~ase con~act the undersigned. Sincerely, TEY CONSUL2'ING ENGYN~ERS ~~ ~~ Ma thew ~'. Mettler Staff Engineer c+8~25~~32 59:95 a SSC831 ~~43ti rREid & H'1DEF1 LRid F,r,' ~ i. ~~~,- , ~ :'~.~ '~ ... 'i, !'• ~. . {,-, Phatograph 1. Vivw o~C t~he expaseQ r~in~orcing s~~e1 bars. ,. ~ r+~i25i9~ 59: ~5 a 519~~ 1 24?3 CF:EbJ ~ H'r'UEtJ LGI,J F'. i_,~ /"` '' \ .e~v..._~M ..............~---....o~TE._.4.-.6-.92 : ,J~CT.,.._......_..,......~~GUR~i._..1........~........_....... .........._... SHEETNO......~...........OF'.....4........ CHKD.9Y .....:..:............DATE.,.,...._............. ..---~.,.,.,............:. ......._......................._. ................... ,.... J08 NO. ~.zP.~.s_........... . ...~. .~''}:;.~~l~ Der: ~A .: ..:2'~~ ~ . ` ; . . : ~ _i:E..i ~.i.;.,::,. . +- -. ' .'..' ~.~: . : : ., . . . .. . : . . ....._...... .. rJ ...~...A_ ._~._ ~ .....~._._. ~ .~_ , .. . . ' . . . . . . . .... _ . . ~ ~ .. . . .~ ' . " ' ' , . . _ . . ~ ~ .. ~ i . . . . _ . , , • G~A~ f'G~~ L,l nJ~(~ ~ - ~i~D (~QiG~. ~IAsQ~1 R y ~ v . `~~' . V-' .Q • • O~, ~" ~D-~~o}vrf.G' ' r~/=c~.r.c~ /`1~L~C ~ • G ~055 scGTio,J ~ C~r~t,J~Y Tc?P ~_ ~cAL~~ ~~~1~~ ^ ~.da - t ~ ~ PaQr IN ~~~~~ c~r~~ r, ~i~~R . ~ .... : . : } - . . . ., ~ ..:~ . ~' • 9" - ~ _ ''~,": ^ ^ . ~ _ ~ ~ r uake~.v~~t~m ~ - . / ~. 3 z was visi in , , t . g , .... . .. : w~th fam~l fr m - - o East Coa - y st Sleeping on floor with friends when cinder block fell Several homes in the immediate neighborhood had visible damage, , and several ,families had put up large tenta in their front yarda. Apparently, no one else in the home was injured or required treatment. , Mike Higuera, a friend of Bish- - op's father, said another child had been saved by crawling under a coffee table. ~ "The loss of the babyis a trage- dy," Higuera said "Everyone's up- aet " FROM EXAMINER STAFF AND WIRE REPORTS YLJCCA VALLEY, San Bernar- d~o County - The little boy killed by Sunday's earthquake had come from Massachuaetts with his par- ents, who were attending their 20- year high school reunion. Joseph Bishop, 31/s, of New- buryport, Mass., and his friends were asleep on a living-room tloor.. nezt to a fireplace when the quake ; atruck ~ at `4:58 a.m. Sunday, eaid ~lenn ' Miller, deputy coroner in- ~estigator for San Bernardino County. . A number of large cinder blocks tumbled down onto the red sleep- : ing bag that the boy wae using. His father, mother, brother and sister iushed him to Hi-Desert Me- ' morial Hospital, said Theresa Gra- : ham, a hoapital spokeawoman. "The nurses when I walked in : were really choked up," , Graham : said. "He was one of the first pa- ' tieats we saw." - The child was pronounced dead . at 5:30 a.m. His parents, John and Cindy Bishop, were in town for a reunion at Yucca Valley High School. The r~mion was held Saturday night. A femily picnic had been planned for S~day. ~ontacted Monday, John Bish- op declined to talk about the family t~y, . . He said no funeral servicea had bee~ planned for his son. There was little apparent dam- age to the home in which the child w~ fatally injured. Sitting on a windawept hill overlooking the val- ' ley, the house features in ita front ~ yard a decorative trolly with the wards "DJDM Sundown ;Ranch" camed into a piece of wood. 1'here was no answer at the `~a~t door. ~ty~~~ ~ ~.[ ~ _;:.~` ~; s-~=' ~ `~'~+~ ~~ i ' S .# ~ ~ ~ %, ~ st."-°:. H ~a p .: y t i~ ~ 4~ RESOLUTION NO. - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DIIBLIN DENYING VARIANCE TO SECTION 3704-C DUBLIN BUILDING CODE TO PERMIT AN EXISTING BRICR FIREPLACE AND CHIMNEY TO REMAIN WITHOIIT PROPER REINFORCING AND TIES TO THE FRAMING AT 7884 TAMARACR DRIVE, DUBLIN WHEREAS, Timonthy M. Hyden requested a variance to Section 3704-C of the building code so as to permit a fireplace and chimney to remain in the dwelling at 7884 Tamarack Drive, Dublin without horizontal reinforcing and ties at the ceiling line; and WHEREAS, the City Council of the City of Dublin did hold a public hearing on this matter on August 24th, 1992; WHEREAB, NOW, THEREFORE, BE IT RESOLVED that the City Council does hereby deny said variance. BE IT FURTHER RE30LVED that Timothy M. Hyden be, and is hereby directed to begin removal of said fireplace and chimney within 30 days and complete said removal within 60 days. PASSED, APPROVED, AND ADOPTED this 24th day of August 1992. AYES: NOES: ABSENT: Mayor ty Clerk :,~,~*~ ~~~ 6 ~~~~~~~~ RESOLUTION NO. - 92 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN APPROVING VARIANCE TO SECTION 3704-C DUBLIN BUILDING CODE TO PERMIT AN EXISTING BRICR FIREPLACE AND CHIMNEY TO REMAIN WITHOUT PROPER REINFORCING AND TIES TO THE FRAMING AT 7884 TAMARACR DRIVE, DUBLIN WHEREAS, Timonthy M. Hyden requested a variance to Section 3704-C of the building code so as to permit a fireplace and chimney to remain in the dwelling at 7884 Tamarack Drive, Dublin without horizontal reinforcing and ties at the ceiling line; and WHEREAS, the City Council of the City of Dublin did hold a public hearing on this matter on August 24th, 1992; WHEREAS, the City Council does find that granting of the variance is consistant with the intent of the code and will not lessen the protection to the people or property within the City because the adding of ties to the framing above the ceiling will substantially improve the ability to resist earthquake motion. NOW, THEREFORE, BE IT RE30LVED that the City Council does hereby approve said variance. PASSED, APPROVED, AND ADOPTED this 24th day of August 1992. AYES: NOES: ABSENT: Mayor City Clerk 7~ ~ ~ ~; < u~..a ~ L r • ~ 0~ ~4~ ~ ~' ~ c ~~+1 s~ s s~i :~ ~ ~~ ~ ~