HomeMy WebLinkAboutCC Resolution 9775 (1533 Fourth Street Appeal)RESOLUTION NO. 47 7 5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SAN
RAFAEL (IN ITS' CAPACITY AS THE BOARD OF APPEALS)
GRANTING CONDITIONED APPROVAL OF AN APPEAL FROM
STATE ACCESS REQUIREMENTS AT 1533 FOURTH STREET,
SAN RAFAEL.
BE IT RESOLVED by the Council of the City of San Rafael as follows:
WHEREAS, the City Council of the City of San Rafael, may serve as the
Board of Appeals pursuant Health and Safety Code Section 19957.5 to hear appeals from
State mandated access requirements of said Code and of the Government Code; and
WHEREAS, the applicant for 1533 Fourth Street has appealed said access
requirements before the City Council, acting as the Board of Appeals; and
WHEREAS, following a noticed hearing in which said applicant was
given full opportunity to be heard, the City Council, acting as the Board of Appeals, does
hereby find as follows:
1. That there are serious physical restraints at the business location which make
providing full access unreasonable (i.e., access to the toilet rooms and a 7" high platform
is unreasonable due to the cost of the improvement);
2. That access for the disabled for both sides of the restaurant will be provided through
exterior doors;
3. That the cost of the proposed improvements (i.e., a glass door) without access
upgrades is $2,100.00;
4. That the cost of the partial access improvements to be provided (i.e., an exterior door
so that both areas of the restaurant are accessible to patrons) is $1,500.00;
5. That the amount spent on access improvements exceeds the State of California's 20%
guideline for accessible elements; and
6. That further access improvements would be an unreasonable hardship at this time.
NOW, THEREFORE, BE IT RESOLVED by the Council of the City of
San Rafael, acting in its capacity as Board of Appeals, that in view of the foregoing
findings, the appeal for relief from access requirements for 1533 Fourth Street, be and is
hereby granted.
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I, JEANNE M. LEONCINI, Clerk of the City of San Rafael, hereby
certify that the foregoing resolution was duly and regularly introduced and adopted at a
regular meeting of the Council of said City on the 2151 day of January, 1997, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vise -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
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JE a M. LEONI, City Clerk
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