HomeMy WebLinkAboutItem 6.3 Variance Bldg Code K&B (2) AGENDA STATEMENT
CITY COUNCIL MEETING DATE: April 14, 1986
SUBJECT: PUBLIC HEARING
Variance to Building Code - Kaufman and
Broad of Northern California Inc .
EXHIBITS ATTACHED : 1 ) Letter from Kaufman and Broad dated
March 14 , 1986
2 ) _ Rendering of Townhouse with parapet
wall on property line
3 ) Rendering of Townhouse without
parapet wall on property line
4 ) Construction Details
5 ) Draft Resolution granting the
variance
RECOMMENDATION: Open public hearing; hear presentation
and testimony; pose questions; close
` public hearing; adopt draft resolution
and grant variance
FINANCIAL STATEMENT: No cost to the City.
DESCRIPTION: Section 1709 (a) of the Uniform Building
Code (UBC) requires that the exterior walls of the proposed
townhouses extend thirty inches above the roof . The purpose of
this provision is to minimize the spread of fire from one
building to the next building on the adjoining property.
The developer has requested a variance to this section and is
basing his request on another section of the building code .
Section 505 (e ) of the building code requires that area separation
walls extend 30 inches above the roof . However, this section has
an exception which allows the omission of the 30" parapet wall,
if the underside of the roof is fire protected for a distance of
5 feet perpendicular to the wall . The developer contends that
there is enough similarity in the construction of property line
walls and area separation walls to allow construction in
accordance with the exception to Section 505 (e) .
Simply stated, in the case of the townhouses, there will be two
separate one hour fire resistive walls on the property line and
these must extend 30" above the roof . However, in the case of a
single two hour fire resistant area separation, the wall need not
extend 30 inches above the roof if the construction is done - in
accordance with the exception in Section 505 (e) .
The Building Official agrees with the developer ' s contention.
The Building Official submitted a change to the Uniform Building
Code several years ago which would have permitted the
construction as proposed. This proposal was not approved and
consequently the developer has requested this variance.
In order to grant a variance, the City Council must find that the
variance is consistent with the purpose of the building code and
that granting the variance will not lessen the protection to the
people of the City of Dublin and the property situated therein.
The purpose of the code is to minimize the spread of fire from
one building to another across the roof . Construction which will
minimize the spread of fire at a two hour area separation wall
should be equally effective as two one hour walls at a property
line and thus the protection to people and property will be
equivalent .
Staff recommends that the City Council conduct a public hearing
and adopt a resolution granting the variance .
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ITEM •N0. A COPIES TO: Kaufman & Broad
Kaufman w4d Broad of Northern California,I
6379 Clark Avenue •Mailing:P.O. Box 2755 % N
Dublin, California 94568
(415)829-4500
Kaufman ® Broad
March. 14, 1986
City of Dublin
PO Box 2340
Dublin, CA 94568
Attn: Vic Taugher
Building Official
Re: Silvergate Highlands Townhomes
Use of Parapet Walls
Dear Vic:
Pursuant to our previous meetings on 2-3-86 and 2-18-86 and subsequent
conversations, I would like to request a hearing with the Dublin City
Council fora variance of Section 1709 of the 1982 Uniform Building
Code.
Since the ICBO has differentiated between condominiums and townhouses
regarding fire resistant construction as per Section 505e (condos) and
Section 1709 (townhouses) of the 1982 Uniform Building Code and since
there is no difference practically speaking, we are requesting to have
the architecture of the Silvergate Highland Townhouses approved without
the use of parapet walls.
We believe that the variance is consistent with the purpose of Section
1709 and that the variance will not lessen the protection to the people
of the City of Dublin and the property situated therein.
The purpose of Section 1709 of the code book is for the provision of
adequate fire protection for homeowners. We feel we are providing this
protection in excess of the requirement by the use of ceramic roof tiles
and one hour fire resistant walls along the property line and 5 ft. on
each side of the walls. The materials and construction proposed are
for the purpose intended, and at least the equivalent of that prescribed
by this Section 1709 in quality, strength, effectiveness, fire resistance,
durability, dimensional stability and safety.
City of Dublin
March 14, 1986 -
Page 2
Attached please find the comments I received from other local building
offi.cials and other agency representatives in charge of plan check and
approval .
I would appreciate any additional help or advice you could give regarding
information, documentation, schematics or materials needed for the
hearing.
Thank you for your expedience in this matter.
Sincerely,
KAUFMA ND BROAD of
Nort r Califo i I c.
Edward A. G g er
Forward Planner
EAG:ge
Attachments
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KAUFMAN BROAD
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2 1-hour wood frame party walls with parapet -
2-HR SEPARATION fPARAPM
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2 1-hour we d frame party walls 2-HR SE ARALON
revisions. DONALD W. SIMMONS. 6990 Village parkway, suite 206. i
A8C81TBCT ���P �� — Dublin, CA., 94566. �,doneld W. Simmons, incorporated. phone. 415/829.2380. a J-9
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RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL
OF THE CITY OF DUBLIN
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GRANT VARIANCE TO SECTION 1709 OF THE UNIFORM BUILDING CODE
WHEREAS, Kaufman and Broad requested a variance to
Section 1709 of the Building Code so as to waive the requirement
that the exterior walls at the property lines extend 30 inches
above the roof in the Silvergate Highlands Townhouse development
and;
WHEREAS, the City Council did hold a public hearing on
this matter on April 14 , 1986 and;
WHEREAS, the City Council finds that the variance is
consistant with the purpose of the building code and that the
construction proposed will be equally effective as construction
permitted for two hour area separation walls as set forth in
Section 505 (e) of the building code and therefore will not lessen
the protection of the people of the City of Dublin and the
property situated therein;
NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin City
Council approves the variance to Section 1709 of the Building Code
subject to the condition that the walls on the property line of
the townhomes is constructed as indicated in Exhibit 4 and labeled
"2 - one hour wood frame Party Walls"
PASSED, APPROVED AND ADOPTED this 14th day of April,
1986 .
AYES:
NOES:
ABSENT:
Planning Commission Chairman
ATTEST:
Planning Director
DP 83-20