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Home My WebLink About6.3 Variance Bldg Code K&B 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 . ----------------------------------------------------------------- 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 r-s- op— ROOF STUDIES LW F FD--1 A�M KAUFMAN BROAD ROOF STUDIES �Q�M�G°�CQ OC ��Q1D� CARDOZA DIULLO HARRINGTON K,A1UF'MAN BROAD i _ ..�tf«rid• 7!4, 4 atti^e' - ?� Soocr�_Root fr ear ,vaur. 2 1-hour wood frame party walls with parapet - 2-HR SEPARATION fPARAPM x -s/e•fgpa r q o�d- _�.�L�e��e--- - � �x� re9e.z =�coru-f'- — • (hY�i1htr- 5 ra_. ?GY^_ y�7W--- ---Y!°� 1-_ - 7e�_ ,�—�-�y/• � !/f°yyp�d:FiPcrfi -- 4 Pe �9oe-X— --FVe_r/p_ 4�y f/e-X-- 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 y RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DUBLIN ------------------------------------------------------------------ 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