HomeMy WebLinkAboutItem 6.1 BldgCdVariance7852StarwardDr (2)
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AGENDA STATEMENT
CITY COUNCIL MEETING DATE: May 23, 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 ATTACHED:
~1) Draft Resolution Granting Variance
RECOMMENDATION:
a/
1.
2.
3.
4.
5.
6.
open Public Hearing
Receive Staff Report
Receive Public Testimony
Close Public Hearing
Deliberate
Adopt Resolution Granting Variance
FINANCIAL STATEMENT:
No impact on City
DESCRIPTION: A Code Compliance Survey was requested by Mr.
& Mrs. Holman, prospective buyers of the property at 7852 Starward
Drive, Dublin. 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.
A permit was secured by the owners contractor and all of the items
listed for correction were done with the exception of securing the
foundation posts to the foundation. Apparently, the 4 x 4 posts were
not cut to the proper length and as a result were installed between
the concrete pier and the 4 x 4 post. Consequently, the posts are not
fastened to the concrete pier.
The owners are requesting a variance which would allow the floor
supports to remain as is. The rational is that the owners believe
this condition exists in the entire tract. We have not inspected the
underfloor space in any other houses in the tract therefore we are
unable to verify this statement.
The owners agent was present along with the buyers agent when the
inspection was made, 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. This type of
damage was observed in the recent Northridge Earthquake.
In the opinion of the Building Official the 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 cannot be made.
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On May 9, 1994 the City Council continued the matter for a variance to
Section 2516(m) of the Uniform Building Code and directed Staff to
prepare a resolution granting the variance.
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Ron & Fawn Holman
Fred DeGregoire
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RBSOLUTION NO.
- 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.
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NOW, THEREFORE, BE IT RESOLVED by the city council of the
city of Dublin that:
1. A variance from Section 2516(m) of the Uniform Building
Code is granted for the property located at 7852 starward
Drive.
2. 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:
A. The granting of this variance is consistent with the purpose
of Chapter 7.28 of the Dublin Municipal Code.
B. 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:
Mayor
ATTEST:
city Clerk