HomeMy WebLinkAboutCC Resolution 8368 (55-75 Mill Street Appeal)RESOLUTION NO. 8368
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 55-75 MILL
STREET
(RE PENETRATION OF PROPERTY LINE FIRE WALL (BARSOTTI'S)
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 Municipal Code, to hear
appeals of the Uniform Building Code; and
WHEREAS, the applicant for 55 - 75 Mill Street has appealed Section
504 of the Building Code before the City Council, acting as the Board of Appeals;
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 granting of an exception to allow a penetration of the fire wall
between 55 Mill Street and 75 Mill Street will not create a hazardous condition, if
the conditions listed under 4 and 5 are met;
2. That all other requirements of the Building code can be met;
3. That the granting of the exception will result in a less hazardous
use of the space;
4. That the opening shall be protected by a three-hour fire door
which closes automatically upon activation by a smoke detector;
5. That the opening is approved only for the duration of the current
use and tenant and shall be sealed upon termination of the use by the existing
tenant, and a covenant running with the land shall document this.
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 55 - 75 Mill Street, be and is hereby granted.
9� G, I N A, I
RESOLUTION NO. --IU i8 ----
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 Monday, the 15th day of
April, 1991, by the following vote, to wit:
AYES: COUNCILMEMBERS: Boro, Thayer & Vice -Mayor Breiner
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Shippey and Mayor Mul ryan
•� ,
JE M. LEONC NI, City Clerk
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