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Home My WebLink About5.3 Variance Request 6997 Dublin Blvd. CITY OF DUBLIN q50 —4 V AGENDA STATEMENT CITY COUNCIL MEETING DATE: February 27 , 1984 SUBJECT Request for Variance to Section 703 and Table 5A of the Building Code at 6997 Dublin Boulevard, Dublin EXHIBITS ATTACHED 1 . February 9 , 1984 letter from Schaeffer & Foster, Inc . 2 . Plot Plan 3 . Proposed agreement between Walahi, a Partnership; Schaeffer & Foster; and Don E . Lynch 4 . Zoning Administrator Resolution PA 83-078 5 . Draft Resolution granting Variance RECOMMENDATION 1 . Hear staff presentation. 2 . Open public hearing. 3 . Hear applicant and public testimony. 4 . Close public hearing. 5 . Grant Variance subject to the condition that the owner of the adjoining property execute and record an agreement which will assure that an area 20 ' wide adjoining the building will not be built upon in the future. The form of the agreement shall be acceptable to the City Attorney. FINANCIAL STATEMENT: No added costs or revenues to the City. DESCRIPTION It is proposed to build a two story office building on a 55 x 117 foot lot located at 6997 Dublin Boulevard. The building would be located 3 ' 6" from the side property lines . The property is surrounded on the sides and rear by the parking lot serving the buildings addressed as 6989 Dublin Boulevard and 6999 Dublin Boulevard. Section 703 and Table 5A require that when buildings are less than 5 ' from the property line there be no openings for doors or windows . Also, walls less than 20 feet from a property line must be 1 hour fire resistive construction. The purpose of this requirement is to prevent the spread of fire from one property to another. In this case, the adjoining property is used for a parking lot . If the City can be assured that the adjoining property will not be built upon in the future, there is no need to restrict openings or require fire resistant construction. The applicant is - willing to provide an agreement which will assure that the property will not be built upon . ---------------------------------------------------------------------------- 2 COPIES TO: ITEM N0. SCHAEFFER & FOSTER, INC. Russell K. Schaeffer (415) 828-2167 William E. Foster 6500 Dublin Blvd. , Ste. 218 Dublin, CA 94568 February 9, 1984 Mr. Victor Taugher Building Official City of Dublin 6500 Dublin Blvd. Dublin, CA. 94568 Subject: Building Code Variance Section 703 and Table 5-A Reference: 6997 Dublin Blvd., Dublin PA 83-078 Dear Mr. Taugher: Attached please find a plat map of the referenced project and a draft of an agreement with the adjacent property owners. Briefly, we would like to construct a building to the property lines of this parcel and the adjacent owners have agreed not to build within 20 feet of our new building. Your response to this Building Code Variance request will be appreciated. Sincerely, 4Rusel K. chaeffer Applicant RKS:cas Enc. EXCHANGES - COMMERCIAL - DEVELOPEMENT - INVESTMENTS ' BA tiC.ik�s<!ctYP�tlkd ' lW,Itthre d Rrrrq • . 12225$Y1PIhb Mnn ' • lirJr•*��l C:'nknN�NY�' • I •IS Ka 1232 - pIrIIN! 'jW I. t I Id i t I , — OC1 tIHM h�.1 ' alts � ;(' \\i--..'• r�D) l ! �--- -_ - - � _._t� r _ � .tNIIA► K7V• _ _ � t t '44 TF r-J '---- -.-_...- -- —' 0— t 1 AS 1. Wtv • v u ► L.I ►•+ 1• L v b t i itlr 1'VN /r.vr r.r►•lrl+n Mr /r4+rwL �•, t--f 1- - lyu� !I rxr ►nlhws r.Irtw lrn.r! AREA 5 To RI.MA N i A3 U� o6sTRucT�D ,-- - -- I _HAEFFER & FOSTER, IN Russell K. Schaeffer (. 15) 828-2167 William E. Foster 6500 Dublin Blvd. , Ste. 218 Dublin, CA 94568 First Party: Walahi , a Partnership First Property: 7009 Dublin. Blvd., Dublin Second Party: Schaeffer & Foster, Inc. Don E. Lynch Second Property: 6997 Dublin Blvd., Dublin The undersigned parties do hereby agree to the following: 1. The First Party shall permit the installation and maintenance of land- scaping and an irrigation system as approved by the City of Dublin in the area designated "Landscape Area" on the plat map Exhibit "A". 2. The First PartX a rees to maintain "unobstructed from the earth to the sky" the area esignated 'Unobstructed" on plat map Exhibit "A". 3. The First Party agrees to permit placement and servicing of a one yard trash container in the area designated "Trash Area" on plat map Exhibit "A" The Second Party covenants and agrees to install said landscaping and irriga- tion system per plans as approved by the City of Dublin and to maintain same at no cost to the First Party. The Second Party when using the trash area agrees to maintain same in a clean and orderly manner at no cost to the First Party. This agreement shall be recorded and remain in perpetuity appurtenant to the subject parcels and shall be binding on subsequent heirs or assigns. First Party: Walahi, a Partnership By: James E. Lange; Managing General Partner Second Party: Schaeffer & Foster, Inc. By: Russell K. Schaeffer, President Don E. Lynch EXCHANGES - COMMERCIAL - DEVELOPEMENT - INVESTMENTS RESOLUTION NO. A RESOLUTION OF THE ZONING ADMINISTRATOR OF THE CITY OF DUBLIN ------------------------------------------------------------------ APPROVING PA 83-078 SCHAEFFER AND FOSTER, INC. VARIANCES TO ALLOW THE CONSTRUCTION OF A 3, 600 SQUARE-FOOT BUILDING ON A SUB-STANDARD LOT WHEREAS, Russell Shaeffer has filed an application for five Variances to allow the construction of a 3, 600 sq.ft. , two- story, building at 6997 Dublin Blvd. ; and, WHEREAS, the Zoning Administrator did hold a public hearing on February 9 , 1984 , on this application; and, WHEREAS, proper notice of said public hearing was given in all respects as required by law; and, WHEREAS, this application has been reviewed in accordance with the provisions of the California Environmental Quality Act and has been found to be categorically exempt; and, WHEREAS, the Zoning Administrator did hear and consider all said reports , recommendations and testimony as hereinabove set forth; NOW, THEREFORE, BE IT RESOLVED THAT THE Dublin Zoning Administrator does hereby find that : 1 . There are special circumstances , including the parcel size, shape, location, and surroundings , which would deprive the property of privileges that are enjoyed by other properties in the vicinity under identical zoning classifications . This is because of the extremely small size of the subject property, which fronts on a major collector street (Dublin Blvd. ) and is surrounded, on the remaining three sides , by a parcel with commericial development already on it . 2. The granting of the variances will not constitute a special privilege inconsistent with limitations placed upon other properties in the vicinity and zone . Based on the applicant' s statements, that the adjacent property owners concur with the granting of access, landscape, parking, and drainage easements, it appears that no special privilege is being granted that, under similar circumstances, could not be granted to property in the vicinity and zone. The limitations that will be placed on this property are consistent with those applied to similar property (e .g. design review, engineering, and zoning) . 3 . The granting of the application will not be detrimental to persons or property on the neighborhood or to the public welfare since access , building design, landscaping, public improvements will be provided consistent with City of Dublin standards, guidelines , and requirements . BE IT FURTHER RESOLVED that the Zoning Administrator does hereby conditionally approve said application, as shown by materials labelled Exhibit "A" , on file with the Dublin Planning Department, subject to the following conditions: Prior to the issuance of building permits, grading permits, or any other permit that would enable physical changes to occur on the subject property: np R1-90 1 . The applicant shall submit, and the City shall find acceptable, recorded deed restrictions or other binding instruments , for the subject and adjacent affected property, that provides for : a) vehicular access easements that permit vehicles to travel onto and across the adjacent property such that said vehicles can enter the qubject property, along its northerly property line, and properly use the parking lot as shown on Exhibit "A" ; b) drainage easements that allow water that falls on the subject property to drain onto the adjacent private property. Water shall not sheetflow across the public sidewalk. c ) landscape easements , or another legal agreement that provides for a landscaped strip of from 3 to 5 feet wide along the entire east property line, and 5 feet wide along the west property line, from the front property line to the parking area, just north of the proposed building . Said areas shall be landscaped, irrigated, and maintained by the subject property. d) a parking easement that allows this project ' s westerly six ( 6 ) parking spaces to encroach 8 feet onto the adjacent property. If the adjacent parking stalls are to be reduced in size, they must be at least 17 'x 8 ' in size, and be restriped and signed for compact car use only. An agreement from the adjacent property owners agreeing to the parking revision will also be required. Said revisions must occur along with the installation of the subject property ' s parking. 2 . The Site Development Review shall show substantial landscaping of the landscape areas called for in Condition 1 (c ) above, and of the entire subject property. An automatic irrigation system shall be provided for the easement and subject property landscaping. And a maintenance agreement to cover said landscaping shall be entered into between the applicant and the City. 3 . A deferred improvement agreement, acceptable to the City Engineer, shall be entered into by the applicants . Said agreement shall provide for the installation of public improvements to enable Dublin Blvd. to be widened to its ultimate width, across the frontage of the subject property. Right-of-way for the future widening of Dublin Blvd. shall be dedicated to the City of Dublin as required by the City Engineer. 4 . The applicant shall submit a separate application for a Building Code Variance . The action on these Zoning Ordinance Variances shall in no way assure, or otherwise influence, the Building Code Variance decision . 5 . These variances shall be granted for two years . If, during that time, substantial construction has not taken place, the variance approvals shall cease to apply to this project. PASSED, APPROVED AND ADOPTED this th day of 1984 . Zoning Administrator DP 83-20 RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------ GRANT VARIANCE TO SECTION 703 AND TABLE 5A OF BUILDING CODE AT 6997 DUBLIN BOULEVARD WHEREAS, Schaeffer & Foster, Inc . , 6500 Dublin Boulevard, Suite 218, Dublin, CA 94568 has requested a Variance to Section 703 and Table 5A of the Building Code so as to permit a two story office building to be constr- ucted at 6997 Dublin Boulevard with fire resistant walls along the side property line; and WHEREAS, Table 5A of the Building Code requires a 20 foot set back from adjoining property lines when buildings have non-fire resistant walls; and WHEREAS, it is proposed to execute and record an agreement which will assure tht 20 feet of the adjoining property will not be built upon; and WHEREAS, this City Council find that the granting of said variance is consistent with the purpose of the Dublin Building Code and will not lessen the protection to the people of the City of Dublin, or the property situated therein. NOW THEREFORE BE IT RESOLVED that Schaeffer & Foster, Inc. , is hereby granted a variance to Section 703 and Table 5A of the Building Code so as to permit a building to be constructed at 6997 Dublin Boulevard without fire resistant walls subject to the condition that the owner of the adjoining property execute and record an agreement which would assure that an area 20 ' wide adjoining the building will not be built upon in the future ; BE IT FURTHER RESOLVED that the form of said agreement shall be acceptable to the City Attorney. PASSED, APPROVED AND ADOPTED this th day of AYES: NOES: ABSENT: Mayor ATTEST: City Clerk