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HomeMy WebLinkAboutCC Resolution 9283 (912 Lootens Place)RESOLUTION NO. 9283 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 SECTION 504 OF THE BUILDING CODE AT 912 LOOTENS PLACE (RE: PENETRATION OF PROPERTY LINE FIRE WALL)(GLENN KOORHAN) WHEREAS, the City Council of the City of San Rafael, may serve as the Board of Appeals pursuant to Section 12.12.020 of the San Rafael Municipal Code, to hear appeals from the requirements of the Uniform Building Code; and WHEREAS, the applicant for 912 Lootens Place has appealed the requirements of Section 504 of the Building Code 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 the granting of an exception to allow penetrations of the fire wall between 912 Lootens Place and the San Rafael Redevelopment Agency parking lot at Third Street and Lootens Place will not create a hazardous condition, if the conditions listed under 5 and 6 are met; 2. That all other requirements of the Building Code can be met; 3. That the granting of the exception will not result in a more hazardous use of the space; 4. That no hazard exists currently as there is no building on the adjacent property; 5. That the applicant shall enter into an Agreement with the San Rafael Redevelopment Agency that spells out the rights of each party and specifically gives the Agency the ability to terminate the Agreement unilaterally and indemnifies the Agency should it choose to do so; 6. That no building permit for 912 Lootens Place shall be issued unless item 5 is complied with. NOW, THEREFORE BE IT RESOLVED BY THE SAN RAFAEL CITY COUNCIL, ACTING IN ITS CAPACITY AS BOARD OF APPEALS, that in view of the foregoing findings, the appeal for relief from Section 504 of the Uniform Building Code at 912 Lootens Place, be and is hereby granted. 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 Tuesday, the 3rd day of January, 1995, by the following vote, to wit: AYES: COUNCILMEMBERS: Cohen, Heller and Mayor Boro NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Zappetini JEAl�%.O EONCINI, City Clerk URiGiNA' I ,'ya