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HomeMy WebLinkAboutItem 6.1 VarianceRequest7852StarwardDr ~ . . AGENDA STATEMENT CITY COUNCIL MEETING DATE: May 9, 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 A~TACHED: ~1. Letter from heirs of the estate of John ~ - "young 2~Section 2516(m) 1991 Uniform Building Code 3.~Section 2507(a) 1958 Uniform Building Code 4.~etter from Ron & Fawn Holman 5. ~etter from Mason McDuffie 6./Letter from city of Dublin Building }nspection Department 7~Draft Resolution Denying the Variance RECOMMENDATION:/'7J~ I. f "Iv 2. 3. 4. 5. 6. Open Public Hearing Receive Staff Report Receive Public Testimony Close Public Hearing Deliberate Adopt Resolution Denying Variance Request or provide staff with other direction FINANCIAL STATEMENT: No impact on city DESCRIPTION: Prior to February 10, 1994, Ron and Fawn Holman, prospective buyers of the property at 7852 starward Drive, requested a Code Compliance Survey. Mrs. Holman is an employee in the DUblin Planning Department. Code compliance surveys are available upon request and with a paYment of a fee of $20.00 per 100 square feet. 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 on February 10, 11, and 16, 1994. The results of the inspection were listed in a February 17, 1994 Building Inspection Department letter. A permit was secured by the owners contractor on March 31, 1994. The stated valuation for the work was $3,800.00. All of the items listed were corrected except for securing the posts to the foundation. By way of explanation, the floor of the building is supported by 4 x 6 girders spaced 4' apart. The girders are supported by 4 x 4 vertical posts spaced between 4' to 6' apart. The 4 x 4 posts are supported by a concrete pier foundation. Apparently, the 4 x 4's were not cut to the proper length and as a result wedges were installed between the J . ~ ----------------------------- --------- --- -------------------------- ITEM NO. COPIES TO: Nancy Cantrell Ron & Fawn Holman Fred DeGregoire . . concrete pier and the 4 x 4 post. Consequently, the posts are not fastened to the concrete pier. section 2516(m) requires a positive connection between the post and the pier to prevent uplift and lateral displacement. This requirement was in effect when the house was built in 1960 (See Exhibit 3). The oWner~are requesting a variance which would allow the floor supports to remain as is. The rational for the variance is that the owners believe this condition exists in the entire tract. We are not able to verify this statement because we have not inspected the underfloor space in any other houses in the tract. Also, they indicate that they were not advised that any violations found during the inspection would have to be corrected. Exhibit 4, indicates that the buyers agent informed the sellers agent of this aspect of the inspection. Apparently" there has been a lack of communication between the owners agent and the owner. The owners agent was on the premises along with the buyers agent when the inspection was made on February 10, 1994. 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. If the posts shifted off the piers the floor could drop 6" to 24". This could also cause the interior bearing walls to drop and this would damage the ceiling and roof. This type of damage was observed in the recent Northridge Earthquake. In order to grant a variance the city council must make a 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. In the opinion of the Building Official, this finding cannot be made and it is recommended that the variance be denied. 2 .- ~ . ./B IE fa IE U W lE f{Jl APR 22 1994 1J)) 8 CITY o~ UILD!N"; INS DUBLIN peer,,...., 'Av Of:PT, YOUNG :':':. HEIRS OF THE ESTATE OF JOHN 7881 LANDALE DRIVE DUBLIN CA 94568 CITY COUNCIL DUBLIN, CALIFORNIA REGARDING PROPERTY AT 7852 STARWARD DRIVE, DUBLIN,.CA DEAR LADIES AND GENTLEMEN: ON 2/2/94 MR & MRS RON HOLMAN MADE AN OFFER TO BUY THE ABOVE PROPERTY. AS A CONTINGENCY OF THEIR PURCHASE, THEY REQUESTED A HOME INSPECTION REPOR~ WHICH WAS TO BE PAID FOR AT THEIR OWN EXPENSE. NORMALLY THIS REPORT IS PROVIDED BY A PRIVATE HOME INSPECTION COMPANY AT A COST OF $400.00. SINCE MRS HOLMAN IS EMPLOYED BY THE BUILDING DEPARTMENT J THEY REQUESTED THAT IT BE COMPILED THROUGH THIS AGENCY AT THE COST OF ONLY $200.00, THUS SAVING THE HOLMANS $200.00. SINCE THIS SEEMED COST EFFECTIVE AND AN ADDITIONAL HELP IN GETTING THE HOLMANS INTO THE PROPERTY, WE AGREED TO ALLOW THE BUILDING DEPARTMENT TO INSPECT THE PROPERTY. AT NO TIME, WERE WE NOR OUR REALTOR, GARY SCHWAGERLE TOLD ORALLY OR IN WRITING THAT ANY CODE VIOLATIONS FOUND WOULD HAVE TO BE BROUGHT ,UP TO CODE AT OUR EXPENSE. THIS WAS TO BE ONLY A REPORT TO ALLOW THE HOLMANS TO BE FULLY AWARE 'OF THE CONDITION OF THIS 35 + YEAR OLD HOME. THE HOME-,WAS AND IS LISTED TO BE SOLD IN AN "AS IS" CONDITION. WE FEEL WE WERE DECEIVED BY BOTH THE BUILDING DEPARTMENT AND MR & MRS HOLMAN SO THEREFORE WOULD NEVER HAVE ALLOWED THIS INSPECTION. IT'S NOT THAT WE ARE UNWILLING TO COMPLY, BUT EXPENSES TO DATE HAVE BEEN IN EXCESS OF $10,000. NOT ONLY HAVE WE LOST THIS MONEY SINCE OUR FATHER DIED, BUT DUE TO THE DECLINING ECONOMY AND DECREASING PROPERTY VALUES, WE WILL HAVE LOST APPROXIMATELY $30,000 IN RESALE VALUE. THE ONLY THING LEFT TO REPAIR, PER YOUR REPORT ARE THE FOUNDATION PIERS. WE FEEL THIS IS UNDUE DISCRIMINATION BECAUSE THE REST OF THE TRACT HAVING BEEN BUILT AT THE SAME TIME, IS IN THE SAME CONDITION. WHERE WERE THE CITY AND THE BUILDING INSPECTORS AT THE TIME OF CONSTRUCTION? OTHER HOUSES IN THE NEIGHBORHOOD HAVE BEEN INSPECTED RECENTLY AND WERE FOUND TO ALL HAVE THE SAME FOUNDATION STRUCTURE. IF EVERYONE ELSE IN THE TRACT HAS TO COMPLY WITH THIS CODE THEN WE MAY UNDERSTAND THE REQUIREMENT OF FUTTING ADDITIONAL FUNDS INTO THIS PROPERTY. AGAIN, FUNDS WE WILL NOT BE ABLE TO RECOUP IN THE EVENT OF A SALE. ' ff ExIiit.1 -2 . . IN ~EAKING WITH MR. TAUGHER, THE HEAD BUILDING INSPECTOR, WE WERE TOLD THAT THIS WAS TO BE REPAIRED BECAUSE OF POTENTIAL EARTHQUAKE DAMAGE. OBVIOUSLY THIS WAS OF NO CONCERN WHEN THE CITY INSPECTED THIS TRACT AND SIGNED OFF ALL THE INSPECTIONS AT THE TIME OF COMPLETION. WHY SHOULD WE BE SINGLED OUT NOW? IF THIS PROPERTY IS REPAIRED, IT WILL BE THE ONLY ONE STANDING IN THE EVENT OF A LARGE EARTHQUAKE. BY THE WAY, MR & MRS HOLMAN DIDN'T EVEN PURCHASE THE PROPERTY. WE FEEL BOTH THE CITY AND THE HOLMANS MISREPRESENTED THEIR INTENTIONS WITH THIS REPORT. WE ALSO FEEL THE CITY SHOULD TAKE ANOTHER LOOK AT THIS INSPECTION, THE RESIDENCE AND THE TRACT. ALL CORRESPONDENCE CAN BE DIRECTED TO NANCY CANTRELL, EXECUTRIX OF THE ESTATE OF JOHN YOUNG, AT THE ABOVE ADDRESS. SINCERELY, HEIRS OF THE ESTATE OF JOHN YOUNG CC: VICTOR T4UGHER LARRY YOUNG VSTAN YOUNG NANCY CANTRELL GARY SCHWAGERLE . . ~ 2516-2517 1991 UNIFORM BUILDING CODE tinuous spans may be designed on the basis oflhe full cross section using the simple span moment coefficient. Nail length shall not be less than two and one-halftimes the net thickness of each lamination. When deck supports are 4 feet on center or less. side nails shall be spaced not more than 30 inches on center and staggered one third of the spacing in adjacent laminations. When supports are spaced more than 4 feet on center, side nails shall be spaced not more than 18 inches on center alternately near top and bot- tom edges, and also staggered one third of the spacing in adjacent laminations. Two side nails shall be used at each end of butt-jointed pieces. Laminations shall be toenailed to supports with 20d or larger common nails. When the supports are 4 feet on center or less, altermltc laminations shall be toe- nailed to alternate supports; when supports are spaced more than 4 feet on center, alternate laminations shall be toenailed to every support. A single-span deck shall have all laminations full length. A continuous deck of two spans shall not have more than every fourth lamination spliced within quarter points adjoining supports. , Joints shall be closely butted over supports or staggered across the deck but within the adjoining quarter spans. No lamination shall be spliced more than twice in any span. 7 (m) Post-beam Connections. Where post and beam or girder construction is used. the design shall be in accordance with the provisions of this code. Positive connection shall be provided to ensure against uplift and lateral displacement. Conventional Construction ProvIsions I Sec. 2517. (a) General. The requirements contained in this section are intended for conventional, light-frame construction. Other methods may be used, provided :~ a satisfactory design is submitted showing compliance with other provisions oflhis ~ code. ~ Appendix Chapter 25 provisions for conventional construction in high-wind I areas shall apply when specifically adopted. ~ In Seismic Zones Nos. 2, 3 and 4, all buildings of unusual shape, size or split ] levels shall be designed to resist lateral forces in accordance with other provisions ~ of this code. -=:~ (b) Foundation Plates or Sills. Foundations and footings shall be as specified in Chapter 29. Foundation plates or sills resting on concrete or masonryfoundations shall be bolted as required by Section 2907 (t). (c) Girders. Girders shall be designed to support the loads specified in this code. Girder end joints shall occur over supports. When a girder is spliced over a support. an adequate tie shall be provided, The end of beams or girders supported on mason- ry or concrete shall not have less than 3 inches of bearing., (d) Floor Joists. I. General. Spans for joists shall be in accordance with Table No. 25-U-J-1. 282 ExhiIit ;z. .v-".-"':'<"-- .",~., ,.-"'=-........,.n.J.-nT~ r0- o IC ... N CI ! g "5f;i =1 _.8e ..... 8 ~ 4;1- ~:s~ ..... ,o,o....,Il'J......'O ,gg afo,o~go~ .5'::; .... I':l 'E.'l'l ~ as .... ~ ~ g ~ >.'Ol!'E. =:3 S-"'o.!::.e1l~~ ;s'" :I....... tn\lol......e:- ......cd(Jcum....,.c~ ..a.t 8ii"'lIl~a...'" c::aS ,1::"'", .sa "'c:: '0 .......e S cD Ql ,.C 0 g g'g:g s ~:S S =: !l: '0 ~.5,g"'" as G)'O'ti ..;~ :d .....e:>-QlG) ....0 ~$,g~.5.g1;~ ~~ o -... 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"" -d ",lIlc 2~ " o _ 'C OIllQl ..I-< oQl ..c 1; f""", Q= .s;:as", r.> bll.~ C c::'" ....- ... ....a~ llIllll.c c.to 51-<'" ClOO "1Il= ~1-<1Il "'Ill) 0: Ill) c:: = =.- illolS:: .1':'" .... . ",..."''0 ",,,,al,,, "'-.... ~ bJ).g...... 0 2c::~~ t::o.-=- c.C::d ...::l~", "'lll)tJl-< o="'~ "';aa~ bOf~'d '"' c.J: '" "'.... '" '00:;:1 3 o .... ... ;::\ . · /lJ) Il IfU @lPP.1l 4p/? /!;: v ,- fil) 8UIl.D/ACtry o~ 7991 Li!l k~ / DlJ IV.)~I:;,.... 8l.lf / .r,..... " "'I/')_ . "'"",!'\? April 18, 1994 ~ victor Taugher, Building Official Building Department city of Dublin 100 civic Plaza DUblin, CA 94568 RE: 7852 Starward Drive, Dublin Code Compliance Survey As requested by Building Inspector Robert White, my husband and I would like to verify that on several occasions prior to the building inspection of the above-mentioned address, we spoke with our realtor, Fred DeGregoire of Mason-McDuffie in Pleasanton, about our desire to have the Dublin Building Inspector do the inspection. On those occasions, we were assured by Mr. DeGregoire that having the inspection by the city Inspector was within our rights. After speaking with Mr. White regarding performing a building inspection, he informed me that if he were invited into the house as a city Inspector, any code violations would be required to be fixed, regardless of whether or not the sale went through. After being made aware of the requirement, I called our realtor, Fred DeGregoire, and made him aware of the requirement and asked that he also make the sellers and their realtor, Gary Schwagerle, aware of the condition prior to the inspection. At that time, Mr. DeGregoire assured me that he would do what was necessary. The day before the inspection, I spoke with Mr. DeGregoire to confirm the inspection plans. At that time, I again verified that the sellers and the sellers' realtor had been informed of the Building Department requirements. He confirmed my verification. On the day of the inspection I, my husband Ron, and Mr. DeGregoire were present for the entire building inspection. Before Mr. White entered the premises, he spoke with Mr. DeGregoire about the city's requirement that all existing violations be brought into compliance regardless of whether or not the sale went through. Mr. DeGregoire again confirmed that he understood the conditions and the sellers' agent and property owners were also made aware of the City'S requirement. Mr. DeGregoire then unlocked the lockbox and invited Mr. White into the house. During the inspection, the sellers' realtor, Gary schwagerle, stopped by the house. Mr. White was introduced to him as the city of Dublin Building ',Inspector. They spoke briefly about a ExhIit1 . . couple of items (i.e., water heater non-conformity and discoloration of furnace metal). Mr. schwagerle departed after approxi~tely 10 minutes. After coming to a stopping point in our negotiation, the sellers', via their real estate agent, made it clear that they there would be no further negotiation. We were asked, via our agent, to make an immediate decision, since the sellers' wanted to put the house back on the market as soon as possible if the deal fell through. During this conversation, I made it extremely clear to our realtor that the sellers would have to bring all the building code violations into conformance if we did not purchase the house. He insisted that he had made it clear to the sellers' agent about all ramifications involved. After much consideration, my husband and I declined to purchase the house and arranged to meet with our realtor to sign the Release of Liability form. At that meeting, I apologized to our agent for being an anxious first-time homebuyer and for hounding him about the Building Department requirements, but explained that I was very concerned that the sellers' were aware of the ramifications of allowing Mr. White into their home. He assured me, again, that the proper procedures had been followed before the inspection took place. After a last minute attempt to re-negotiate, which we declined, the sellers' signed the Release of Liability form, which released our deposit from the escrow account. I was shocked and concerned to learn that the property owners contend that they had no knowledge of Mr. White's inspection of their property. Although we had no direct contact with the sellers' (all negotiation was via the agents, Mr. DeGregoire and Mr. schwagerle) I was assured on several occasions by my realtor that the proper procedures had been followed, and the presence of the sellers' realtor during a portion of the inspection seemed to verify that fact. Also, the sellers and their agent received a copy of the inspection report during the negotiation proceedings. The report was printed on city of Dublin letterhead with Mr. White's signature block showing him as the person who performed the building inspection. sincerely, ~~\~~~. Fawn Holman ATTEST: 1( GP? /~ Ron Holman I, . · It(!)!f!P,?/t 4Pn 2- '-~-1jJ} BUilD e,l'." 5 1991 ! If/ Itv,- Op 0 -~-- ::> I~I lJt. '''S:Je: vl.!tv C.,., '0'1 !/r;{:J"! ~C)~' . ~~~\ SINCE 1887 Mr. Robert C. White Senior Building Inspector City of Dublin 100 Civic Plaza Dublin, CA 94568 April 21, 1994 Dear Mr. white: RE: 7852 Starward Drive, Dublin; City of Dublin Building Inspection Report. As per your request, I've documented the following facts/events regarding the sales transaction for the 7852 starward Dr. property. I hope this helps clarify the matter. 1. signed contract acccepted by Buyer and Seller, 2/3/94. 2. 2/6/94, Buyer ordered Property Inspecti'on through City of Dublin, Inspection completed 2/10 & 2/11/94. 3. 2/8/94, Buyer's agent ordered Pest Inspection from Frontier Termite & Roof inspection from yorkshire Roofing; both inspections completed 2/16/94. - 4. 2/8/94 Buyer's agent called and informed the seller's agent; that the City of Dublin, Robert white was hired to do the property inspection alid th=.t if the City finds any code violations the sellers would have to repair or correct as per the city'S building codes and regulations. Also, the buyer will request that the seller repair or correct the items in the report that are hazardous in nature, ie: electrical & plumbing code violations. 5. Buyer's agent received the property inspection report on 2/17/94 from the City of Dublin & faxed to the seller's agent. 6. Buyer's agent received the Pest Inspection from Frontier on 2/18/94. . . " Mason-McDuffie Real Estate Inc. 5870 Stoneridge Mall Road, Suite 150 Pleasanton. California 94588 Office (510) 463-1200 FAX (510) 463-9216 ExhIitS . . 7. Buyer~s agent received the Roof Inspection report from Yorkshire Roofing on 2/21/94. 8. 2/21/94, Faxed to Seller's agent the signed Buyer's contract/Addendum requesting seller to correct or repair items from all (3) reports at seller's expense that are of a safety, hazardous and in code violation. (please see attached Contract/Addendum, signed by buyer's. 2/21/94) 9. 2/24/94, Received the signed contract/Addendum from Seller's agent, as well as Addendum B. (please see attached Addendum B) Addendum B stated that the Seller would agree to do Section 1 repairs as per the Frontier Pest Inspection report and the Seller's would agree to repair the roof, as per Yorkshire's Roof Report, But the sellers would not correct or repair any of the items in the City's Property inspection report. 10. 2/26/94, The buyer's decided not to buy the property due to the fact that the Seller's would not repair or correct any of the Code violations, ie: Water Heater, Electrical, Plumbing and structural items. The Buyer's signed a Release of Liability on 2/26/94 and the Buyer's agent presented the document to the Seller's agent. 11. 3/3/94, The Seller's signed the Release of Liability. Please call me if you require any additional information. Best regards, ;{",(C\. ~/~ Fred A. DeGregoire " rt8-iJ.U 12:JJ " , I ~o, 5]0 463 9216 p, 02 IIASON McDUFFIE RE OIST~19U1ED In CALIfC'flHl" ~~.l.tl()"IOf' RFAl.lQRS"" FORM 05-14 ~~., , :i';':'i~:"': ~ ';',',.' " :,~ "':"~'\ii\r~If!lii~VW!i";."UI"'iili~T~'M'ii:~~'jlt;i"flS:;ii~\f'lit..f~iii~PW;',~,;;:!'!.;~':~;;;"t';:;;:;';" ':;:,~;,~[7~:I,:!i'.. ~;~';:,: . I ..' '~~\1;5'~'~'\'i';:\1: ".\, ,:~'."i~;' ,.\,.-'.::.f\<t;ONTRAGT,S P~~Ej 'ENTtAUDENOUM!:';~~1:(1\\,i;.~~:/.:'\~!:;',': '~,:...~..~~};:"'~;:,"'~ ~~:..t .'~;.''' ,'::.'". ;"", ' ," :t\l'i~is'\ili~~'b~llmil~Wiiili:J',iJ#it;j~t~ii~"i~,~Hoh'el"t~bll~~':':":' ','- ,',', , ' '," CALIFORNIA A!lsoci"Tloi, o~ ~~illP"~, (c.oi~) ST;'NOARO Foil;' ,'.,: . "~i . The following terms and conditions are hereby incorporated in and made a part of lhe; ~ Estate Purchase Contract and Receipt for Deposit. 0 Mobile Home Purchase Contract and Receipt for Deposit. 0 Business Purchase Contract and Receipt for Deposit, o~ 1 dated .2 /::;,:: . ~19 , on property kno~-~~~-""~s;.J", S...z::&e,\LIM..1 i... l./.I3urJ n which I /lON + __ I4-!lLt.... (~ - Is referred to as Buyer 3nd :~rJQ.Y, aA..Jr.e~ is referred to as Seller. 'f. ... 'lr ;;;;-- t-L-VWI A.JG ~oA:t., : L.l ;:)t..... 81=- '/'oJ .cO.&:.- -Yi)u/\ p L f fH{C,ll R.. 'EI .u G:..-rIAJ (' ~~..s. c: .;:L ~ rJjJ{" t3uv~ fJF~ ~d€ AJ ~ iJlZDlet::rY /2.WJ +- F,\-lJJN F{e ~ AtJ ~~~~ ~_t-.LOW~L~~t:1.:>'I'L (~~ ~4-rA..~ A-T t::lt::f.:L....5.. e1- L- ~ ~ ~f'::J,s.b.~,..._t'r ~ e~ (""l' .D.E"; _ _~ C; /EC-'T10,.j ,I. .,..h I BMs --~-C"""Ll.....~ ;}.J ~I-:-e ~td2/1'l /'liE' Cn,.fl1l./J l.- z:; )J.s<P E"c.'?7 (:uJ ~()e..;r:,;, 7JkT"B1J~/-4I 'P ~ 1. ~~~~~.;*~~v~ ~ - <~~--'-:&l" :l ' "", ''*'" ,'. . I '.....JJ S 1;: 6/Z -~ .,.-_.''-~ (fr~ _ . -""~ ;!!;~i.N-A/{A , ' ';r'r: ...~ J..~~L:f::.ey Of!... CJ oUt, ti.- =rL.'- wJ?:1 ~_7T:;J:ti:..,y,,~~Y:b_bLG u:<~,. -f1..I. S-!::r0...6I./--J 2C.L1J -rz-fP.: 1r~.o!lll:T 0"" -r H'i),lo-_C-U:.....jhl,.~0~_.:;.:~ ~$"TO d~ ~.QAL~ 7'ei-eL;f ~,'fr1J~~ V n..., "'T"f-W 2{).O);::__-vJ:..l::t:;x;:'J-r Nf!7:::.-y) ~ ';(E ~_~.......:t::::k.~_e;h..,l'D$.& <;-rt.....,pl.~ \ U-1:L'-c...J:t.:.-&~ +0 c ,S"'~t:J. _.___~...,_, 3': C lT~_lJ J- 1ll4&/-dJJ.-i,. -.J;AlS/llit:nofr Jie.pro~T;)tfiJ!1:i) .:?.J 1"'7 /tf'f': A. ~AlA:c.:g ~.. t- - - \.v!-,~c. ~ ':;r:-re..". (, A, - r . , ,I , "-~-n A-i-L P1Jzt.r~ I~L WVI-K.: - ~ ~rrc..m~ _; ~m~~~. COu.v~~ ~Tnr .__j :eUiEne'i~A=L"-t/~ ~- -- .____,__I1C J~5...~_..jM. ~ --~~ fhll undersigned aCknowledge receipt of a copy of this page, which constitutes Page / of ,I Pagell, .stJB~ ,-0 fti)/)~f)<-I."'" E. Date 2 - 2 'f - 7 "I Seller c,{$1[f'./ 9 ~/1.~ Jale z - 2. I ~ 9~ ~,,~ ~~~~ , Seller Juyer uyer . ..' " .!.,~ . '. . '. . ","'-,""~;- , ". . I ., . . o ZlpF..... ,. Compu,", AlIgnmonl NCFlINQ Cmmn AQJII"ed) h ADDENDUM No. In reference to the ~ PURCHASE AGREEMENT, D EXCHANGE AGREEMENT, CJ LEASE 0 COUNTER OFFER - covering the J8Jreal property, 0 business, fJ premises - commonly-known as 7Jb?... ~w~ 'D-'!.tVW- ,])IA.BL---;;:T C.d 9'LS:.6o dated ~-.2....... '17' ,between /UJ7'I/ q<- ,.c1"tw'N' HdL.,Lt,AyV,; B U-';j t,Nt.!' and :J tJH".J :J~ ~~ St!c~ / the undersigned Partl~ hereby agree as follows: J, S~ .:sH,If"t-'-- ~~ S~tnJ aNt: (~) Or ~s ~e-P p/ ~/~ ~ OA-1TD 2 -II, -'1'-1 :.L. ~ ~ .3H"tL1... f€'R.."e:~~ 1tJ02::.-() I::."() 'FPA-~ I'D te.trufT A-::S {.ltff> b'tffIJ J j./ ~-n6#' f>..e.c)vl PIP 4 _~#I R~-J6- (~ tJ"f--n:D #~ 71J J- -;Ll-'f If) It D D<(l'>/ ~ J)Aff{J :<. - 2 I -Q'I ,+.vo A-s - /3 mA><! t..IlW+r ~ '3. .1>- I-L. ~' J.urL...i- ..sb~ sruFlZ- r/H"'"vS lJr A-~ ;]1-{41.L ~ ~nso J..../ (,I~ .t 13'1 UD 13 r.L,}i1SJL Fwe.~ I?~}t- /fl..,B /.$ ~ 71. '1. I~ n1'5 I; Nn- AC~13 Ui Sfil.USY2- ~~ "1)U;' IZ 16-1( r 'I f1) Pu. r 1fi.lf )( ~r pAUL atl 1>iC ~T"" 'By S,4('lM!.P"'t-Y .;-.: SfZ.L6Y2- IS I\I'2T1 ,gr;u...'-J'7r- 4't N~ /t~ I'V7he.. C8>V'" 7/f~tJ /11~ I r /lI'""eW ~ JU.../;V'?,- I r tv T1J A/tEW,;'f">VD lJ,e. G<< ~rJ ') co PES . (:"" '9€LL61t m~w:s r;le- A!U;1r ro fl/;tVC trJnt./t.. peeFb-ert..7J BIJ WH ~ 7)(E';I SEU57:.:r , The herein agreement, upon Its execDtlon by both parties, Is herewith made an Integral part of the aforementioned Agreement of Sale. DATED: TIME: DATED: 2-LY -9'1 TIME: Buyer Seller Buyer Seller Agent Witness Agent FOAM 101-8 (3-90) L CA"oOit ("') 72"9fl.< ~ PROFESSIONAL . . QiI PUBLISHING COPyAIOHr 0 1990, BY PROFESSIOr.w. PUBlISt4If\1G CORP, 12:2PAUl.OR. . SALE 1/ NOTI':: Thi::;..Jc1rlll hilS llC!cn prcpnred hy Masnn-McDuffie Co. on the.> ndvicc of itl; ll'g:ll cOllnsel in'respect to its position-in the matters involved. No rcpn~sentation is made as to the legal validity or the adequacy of any prnviRion in r(>~pcct to other parties. Each party should obtain any needed Il.~,,1 ndvicl' from hbl own :Ittorney. . RELEASE ;J fr.N C Y .:::I. C .J..i.JTILi:l-L-- PO/-.-) -t S"V~ ~~L. j'H AA.J Sc H u..! A C:I::R.. L€ I 1<1:: f\-t- "/t)R. S , mA-sup.j.. rv\c..-.6 tJ~,'r::=, C R-,::::ta.- E~~~ SELLERS, BUYERS, BROKER, and BROKER hereby release each other from all obligations and from all liability for claims and demands arising out of t~t certain Real Estate Purchase Contract da ted f)../a./q 4- , , '7 &' S ;l. <;' 77t-2-vJ A.P-D ~ l1 g L--;,..J , concerning the property at J /)j2IU~ ql?...,b~ C ,A _ (including any and all amendments to said Contract) on condition that the deposit made in connection with said Contract be disbursed as follows: ":P' . ;~.. t~~.<. $ to Sellers $. RIO.f22- to Buyers ~ $ to Broker $ to Broker and on the further condition that all of the above named persons agree to this Re)ease. .. Signed ,.j;;'~",- ->:-<, · -;-'-~~'~f.:~:~~:"!~~~:~~~::~~:?:~~(\ BUYERS: ~. SELLERS: l-1?AAU!Y '1 ~-;(;;i?n'V t-BROKER: . .</~~~f jJ7...;:....-. li~~~€I>~:~~-::.~t'~~?~~\\ '1<)1 ~ ~.- -... ~)I 1.1 - I ~ ...-1 ~". ~ /YJ); ..... ( >-f"'-~<\;"/ ......0.. I rf~' "'\\.. ......... ....... ....-...~..!..~/ CITY!F DUBLIN . Po. Box 2340, Dublin. California 94568 . City Offices, 100 Civic Plaza, Dublin, California 94568 ~ March 8, 1994 Nancy J. cantrell c/o Fred A. DeGregoire Mason-McDuffie Realtors 5870 stoneridge Mall Rd. suite 150 Pleasanton, CA 94588 RE: CODE COMPLIANCE INSPECTION AT 7852 STARWARD DRIVE, DUBLIN, CA 1~' 11 On ~~, 1994, a code compliance survey was done at 7852 starward Drive, Dublin. There were numeroUS code violations found. You are requested to obtain the necessary building permits to correct the violations within 30 days and complete the corrections within 60 days. If you have any questions regarding this matter, please feel free to contact our office. Thank you for your prompt attention concerning this matter. ~(d C. CJ}L- Robert c. White SENIOR BUILDING INSPECTOR cf Attachment: Survey letter cc: street file ExhIit6 Administration (510) 833-6650. City Council (510) 833-6605. Finance (510) 833-6640. Building Inspection (510) 833-6620 Code Enforcement (510) 833-6620 . Engineering (510) 833-6630 · Planning (510) 833-6610 Police (510) 833-6670 . Public Works (510) 833-6630 · Recreation (510) 833-6645 ... " ...:"~~""" l;~~(~~~~~~~\\ 11Q~ ~~l -"\:~2~- '," /J rrnO"':-';/ _. ~,.... . . .> CITY OF DUBLIN P.O. Box 2340, Dublin, California 94568 . City Offices, 100 Civic Plaza. Dublin, California 94568 February 17, 1994 Ron & Fawn Holman 8617 Beverly Lane DUblin, CA 94568 RE: 7852 STARWARD DRIVE, DUBLIN - CODE COMPLIANCE SURVEY Listed below are the code violations found during the code compliance survey at the above referenced address. GARAGE AREA 1. Self-closer required on house to garage door; section 503 (d) Table 5B occupancy separations, Uniform Building Code, Exception #3. 2. Water heater - A. Needs to be minimum 18" to firebox; Section 1310 Uniform Plumbing Code. B. Pressure temperature relief shall terminate exterior of structure. C. Water Heater required to be seismic strapped; Section 1310(e) Uniform plumbing Code. D. Fuel gas piping; Section 1202(a) Appliance Fuel connector. E. Accessible shut off required; section 1213(0) Uniform Plumbing Code. F. Venting hot water heater, single-wall connector transition to double wall flue (Type B) at roof penetration or provide 611 clearance on single wall flue to combustibles; Section. 1323(B) Uniform plumbing Code. 3. Remove storage area in garage (ceiling) suspended from rafters - Roof design section 2305(A) Table 23C Uniform Building Code and section 1001 (c)7 Uniform Housing Code. KITCHEN Recommendation - GFIC on outlets within 6' of kitchen sink. 1. Vent over gas stove, section 30S-4(f) National Electrical Code, Lamp Protection; no vent screen or lamp protection. 2. Outlet under counter, exposed Romex, no outlet cover; Section 305.4(H) National Electrical Code. outlet on garbage disposal circuit; garbage disposal required to be on separate circuit; section 220(16) National Electrical Code. I Administration (510) 833-6650. City Council (510) 833-6605. Finance (510) 833-6640. Building Inspection (510) 833-6620 Code Enforcement (510) 833-6620 . Engineering (510) 833-6630 · Planning (510) 833-6610 . _ 7 . Public WorKs (510) 833-6630 · Recreation (510) 833-6645 II" . . Ron and Fawn Holman February 17, 1994 Page 2 - HALL BATHROOM No permits on file for remodel of bathroom. 1. Toilet flange, rusted/loose; section 907 Uniform Plumbing Code. 2. smoke detector's required; section 1210 Uniform Building code, state law requires smoke detectors in hallways be installed on resale. MASTER BATHROOM 1. Cabinet in bathroom installed does not have m~n~mum required clearances from toilet; section 907 (E) Uniform Plumbing Code. 2. Handicap grab bars installed in shower (check for caulking around flanges and screws) . 3. Skylight installed in bathrooms (no permits on file) show evidence of leakage; section 1001-H, Faulty weather protection; uniform Housing Code. No backing installed for nailing of sheetrock edges; section 4704 Uniform Building code, Horizontal Assemblies, Uniform Building Code. ATTIC _ Electrical wire splices; required to be installed in junction boxes; section 300-15(B) National Electrical Code. FRONT PORCH _ outlet used as junction box; section 300-15(3) National Electrical Code to be covered & accessible, wiring incased in stucco stone. ROOFING _ Leakage at valley, composition, two layers not installed per manufacturers specifications - recommend licensed roofing contractor inspection. Section 1001(h) Uniform Housing Code. FOUNDATION - Pier and grade beam; section 2516(m) Post Beam Connections, Uniform Building Code; foundation (piers) to post/beam connection/shims between pier blocks and pier; no positive connection. If you have any questions regarding this matter, please feel free to contact our office. l\~c~iL- Robert C. White SENIOR BUILDING INSPECTOR cf cc: site file ~ Fred A. DeGregoire ~ . . RESOLUTION NO. - 94 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ~ DENYING A VARIANCE TO SECTION 2516(m) OF DUBLIN BUILDING CODE WHEREAS, The heirs of the Estate of John Young have requested a variance to section 2516(m) of the Building Code in order to allow the posts supporting the floor of the dwelling at 7852 Starward Drive to remain without a connection to the foundation pier; and WHEREAS, the city council of the city of Dublin did hold a public hearing in this matter on May 9, 1994. NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City Council does hereby deny said requested variance. PASSED, APPROVED AND ADOPTED this 9th day of May 1994 AYES: NOES: ABSENT: ABSTAIN: Mayor ATTEST: city Clerk ~1