HomeMy WebLinkAboutItem 6.3 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
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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
~ .~_~: ~
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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
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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
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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
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MEMORANDUM
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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
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- 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
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Prc~m; '~'irnothy M. II}~den ~`-~~? ~'~ ~ ~i~
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~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,
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March 6,
6•di2yi'3"'< G?:~J4 a 51~~~~1 842~ CF,'Eld ~F H'rUEFl LGI.,J
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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
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Phatograph 1. Vivw o~C t~he expaseQ r~in~orcing s~~e1 bars.
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3 z was visi in
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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.
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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
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