HomeMy WebLinkAbout6.1 UBC Code Interpretation AGENDA STATEMENT
CITY COUNCIL MEETING DATE: June 12 , 1989
0
SUBJECT: PUBLIC HEARING: Request of Mrs. Judi Schroeder, 7254
Tina Place, Dublin for an Interpretation
of Section 12. 1, Item 10 of Ordinance
58-87
Report Prepared by: Victor Taugher
EXHIBITS ATTACHED: 1. Copy of Section 12.1 Ordinance 58-87
2 . Copy of Section 11. 13 Ordinance 58-87
3 . Letter dated 6-6-89 requesting an
interpretation from Judi Schroeder
4 . Draft Resolution
RECOMMENDATION: 1) Open Public Hearing.
2) Receive Staff presentation.
` l�U 3) Receive Public Testimony.
4) Close Public Hearing.
5) Deliberate.
6) Adopt Resolution.
FINANCIAL STATEMENT: Reduction of $300. 00 permit fee
revenue.
DESCRIPTION: This request is in connection with the
construction of a deck located at 7254 Tina Place. On May 4,
1989 the building inspector observed a partially constructed deck
which was started without a permit. The deck abuts, but is not
structurally attached to a building on one side. Because of the
slope of the lot and varying levels of the deck, the exterior
boundary of the deck is less than 30" above the ground. However,
the deck is about 40" above the ground at the center portion of
the deck.
Section 11. 13 of Ordinance 58-87 provides that the City Council
may interpret any provision of Ordinance 58-87 which establishes
the City of Dublin Building Regulations. The City Council must
make a finding that the interpretation is consistent with the
purpose of the ordinance and the interpretation will not lessen
the protection of the property or people of the City of Dublin.
Section 12 . 1 of Ordinance 58-87 lists 24 items which are exempt
from permits. Item 10 indicates that permits are not required
for decks that are less than 30" above the ground at any point.
The Applicant, Mrs. Schroeder, is requesting that for the
purposes of applying Item 10 of Section 12 . 1 that measurement of
the height of the deck be made at any point along the exterior
boundaries of the deck. If measurement is made as requested by
the Applicant a permit would not be required. Thus, the
Applicant avoids paying a fee of $300. 00.
The 30" high provision is related to another building code
provision which requires guardrails on decks, raised floors, etc.
when 30" or more above the ground or adjoining floor.
In the opinion of the Building Official a finding could be made
that the interpretation is consistent with the purpose of the
ordinance and it would not lessen the protection to people or
property in the City of Dublin.
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ITEM NO-6 COPIES TO: Judi Schroeder
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Additional permits shall be required for pertinent accessories re
� gulated by this
Ordinance which are proposed to be constructed but not shown on the approved plans or
described on the application. A Grading Permit may also be required sub ect to t
provisions of the City of Dublin Grading Ordinance. .� he
r
1 ;, Section. 12.1' ' Exceptions. No permit shall be required
permits shall be required for electrical, plumbing and mechanical linstallationsei n an
3 building or structure. listed in items 1 through 18, and permits shall be requiredforl
i all new construction and substantial improvements that are located within an area of
j special flood hazard in which case a permit shall be required of
Dublin Ordinance 42-87. as set forth in City
1. Open wire fences,:not more than 16' in beight,- masonry fences
1
in height, and all other type fences not more than 8' in height. more than 6'
2. Retaining walls which do not retain more than 3' of earth when the earth
retained is level or where there is no surcharge load, and retaining walls which
do not retain more than 2' of earth when the earth retained is sloping or
supports surcharge loads. See Section 2516(c) for requirements for treatmentcof
wood used for retaining walls.
3. One-story detached accessory .buildings'used as tool and storage sheds,
playhouses and similar uses, provided the projected roof area does not exceed
120 square feet.
4. One-story buildings not more than 400 square feet in area used exclusivel for
y
i housing animals, poultry, livestock and similar animals and the storage of
't necessary food, hay or grain for the;animals housed therein.
5. Agricultural buildings as defined in Section 402 of the Building Code on lots
exceeding 20 acres in area which are located in an A Zoning District and where
the principal use of the land is agriculture.
6. Lath houses and similar sun shade structure with roofs which do not shed water,
which are not more than 10' in height and 1,000 square feet in area.
7. Awnings over doors and windows of a Group R-3 or
entirely supported by the building nd do Group M Occupancy which are
inches. g not project more than fifty-four (54)
8. Temporary construction offices, and storage sheds which are used on a site where
there is a valid building permit, grading' permit, or which are used in
connection with a construction project where no building permit or grading
permit is required; however, this provisions shall not apply to such buildin
remaining on the site 30 days after the completion of construction. g
9. Temporary construction offices and storage sheds when stored in a contractor's
equipment yard; however, this provision shall not apply if such buildings are
used for any purpose whatsoever.
10. Raised decks which are less than 30" above the ground at any point and which are
not structurally attached to any building.
11. Treehouses or other structures which are designed to be used by children for
play.
12. Flab' poles, radio or TV antennas and towers, less than 35' in height when not
attached to a building and less than 20' in height when attached to a buildin;,
except permits are required for dish type antennas more than 4 feet in diameter.
13. Swimming, bathing, and wading pools, and fish ponds not exceeding 24" in dept^,
14. Prefabricated swimming pools, spas, or hot tubs not exceeding 4' in depth if
resting on the surface of the ground or a concrete slab on the ground.
15. Painting, papering and similar finish work.
16. Cases, counters, and partitions not over 5 feet high.
17. Water tanks supported directly upon grade if the capacity does not exceed 5,000
gallons and the ratio of height to diameter or width does not exceed two to
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al ternate materials or methods of construction, the Building Official may require
as proof of compliance to be made at the expense .of the owner or:bis 'agent by an
approved agency,
Test methods shall be as specified by this Ordinance for the material in question. If
there are no appropriate test methods specified in this Ordinance, the Building Official
shall determine the test procedure.
Copies of the results of all such tests shall be retained for a period of not less than
two years after the acceptance of the structure.-
Section 11.13 . Appeals. Any person agrieved with any decision of the Building Official
in connection with the application or interpretation of the provisions of this Ordinance
or in the approval of alternate materials or methods of construction may appeal to the
City Council. Such appeal shall be in writing and filed within ten (10) days.
The City Council may after hearing, interpret any provision of this Ordinance.
The City Council may after hearing vary the application of this Ordinance in any
specific case when in its opinion the enforcement thereof would be contrary to the
spirit and purpose of this Ordinance or public interest. The City Council in granting a
variance may impose requirements or conditions to mitigate any adverse effects that may
result from granting a variance.
In making any such interpretation or granting any variance the City Council shall make
the following findings:
1. That the interpretation or variance is consistent with the purpose of this
Ordinance.
2. That the interpretation or variance will not lessen the protection to the people
of the City of Dublin and the property situated therein.
The City Council may approve alternate materials or methods of construction as set fort4
in Section 11.10 by overruling the decision of the Building Official. In approval any
alternate materials or methods of construction the City Council shall make findings that
the material, method or work proposed is for the purpose intended, at least the
equivalent of that prescribed by this Ordinance in quality, strength, effectiveness,
fire resistance, durability, dimensional stability and safety.
The City Council may appoint a Board of Appeals to hear any specific appeal. The Board
of Appeals shall consist of five (5) members qualified by training and experience to
pass on matters pertaining to the subject matter of the appeal and to serve until the
disposition of the appeal. The Board of Appeals shall have the same authority and
duties as the City Council in interpreting this Ordinance, granting variances, or
approving alternate materials or methods of construction. The Building Official shall
be an ex officio member of the Board of Appeals and shall act as secretary to the board.
The board of appeals shall adopt reasonable rules and regulations for conducting its
hearings and investigations. The decision of the Board of Appeals shall be final.
Revocation of Modification of Variance. The City Council may revoke or modify by
written order, after a public hearing held upon not less than ten (10) days notice, any
order permitting a variance. The City Council shall serve notice of the time and place
of a hearing to revoke or modify any order permitting a variance not less than ten (10)
days prior to such hearing, by personal service, or by first class mail, postage
prepaid, mailed to the person to whom such variance was granted at the address shorn in
the application for such variance or to such other address as may appear reasonable to
the City Council under the particular circumstances.
Section 11.14 Liability. This Ordinance shall not impose upon the city or any officer
or employee thereof any liability or responsibility for any damages that may accrue to
persons or property as a result of any act required, or by reason of any act or cmissio:�
of such officer or employee in the enforcement of this Ordinance. Any suit brought
against any officer or employee of the city because of such act or omission performed bV
him in the enforcement of this Ordinance shall be defended by the city until final
termination of the proceedings.
Section 11.15 Violation and Penalties.
(a) Any person, firm, or corporation violating or causing, or permitting to be
violated any of the provisions of this Ordinance shall be deemed guilty of an
infraction unless such violation is described as a misdemeanor by specific provisions
of this Ordinance.
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JUNE 6, 1989
DEAR MR. TAUGHER:
I WOULD LIKE TO REQUEST AN INTERPRETATION FROM THE CITY
COUNCIL, ON SECTION 12 .1 ITEM 10 .
THIS SECTION AND ITEM REFER TO PERMITS BEING REQUIRED FOR
ANY DECK BUILT, THAT EXCEEDS THE HEIGHT OF 30 INCHES . I BELIEVE
THAT THIS SECTION SHOULD ONLY APPLY TO THE EXTERIOR OF A' DECK,
NOT THE INTERIOR.
WE ARE BUILDING A DECK THAT IS ENCLOSED BY, BUT NOT ATTACHED
TO A BUILDING, ON THE BACK SIDE OF THIS DECK THERE IS A SLIGHT
UPWARD SLOPE OF THE HILLSIDE, THE OTHER SIDE IS UP TO A FENCE
LINE. THE FRONT OF THE DECK COMES DOWN FROM THE TOP IN LARGE WIDE
STEPS TO GROUND LEVEL .
THE INTERIOR OF OUR DECK IS 40 INCHES,ONLY IN A SMALL AREA
RIGHT IN THE MIDDLE,THE REST OF OUR DECK IS AT DIFFERENT LEVELS
AND THE HIGHEST PART OF THE EXTERIOR IN ONE SMALL AREA MEASURES A
MAXIMUM OF 26 INCHES .
I FEEL THAT WE HAVE FULFILLED THE INTENT OF THIS ORDINANCE
AS FAR AS SAFETY IS CONCERNED, I FEEL THAT THERE SHOULD NOT BE A
PERMIT REQUIRED IN THESE CIRCUMSTANCES .
j THANK YOU
MRS . DI SCHRO DER
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RESOLUTION NO. - 89
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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REQUEST OF MRS. JUDI SCHROEDER, 7254 TINA PLACE, DUBLIN FOR AN
INTERPRETATION OF SECTION 12 . 1, ITEM 10 OF ORDINANCE 58-87
WHEREAS, Mrs. Judi Schroeder, 7254 Tina Place requested
that Section 12 . 1, Item 10 of Ordinance 58-87 be interpreted that
the height of a deck above ground be measured at the exterior
boundaries of the deck; and
WHEREAS, this City Council finds that this
interpretation is consistant with the purpose of the ordinance and
the interpretation will not lessen the protection to the people or
property in the City of Dublin.
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City
Council does hereby interpret that Section 12 .1, Item 10 of
Ordinance 58-87 be interpreted that the height of a deck be
measured at any point above the ground at the exterior boundaries
of the deck.
PASSED, APPROVED AND ADOPTED this 12th day of June,
1989.
AYES:
NOES:
ABSENT:
Mayor
ATTEST:
City Clerk