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HomeMy WebLinkAboutReso 039-94 Variance7852Starwar RESOLUTION NO. 39 - 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. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Dublin that: A variance from Section 2516(m) of the Uniform Building Code is granted for the property located at 7852 Starward Drive. 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: The granting of this variance is consistent with the purpose of Chapter 7.28 of the Dublin Municipal Code. 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: Councilmembers Burton, Houston, Howard & Moffatt Mayor Snyder None None