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HomeMy WebLinkAboutCC Resolution 7010 (Property Line Fire Wall)RESOLUTION NO. 7010 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 875-881 FOURTH STREET (RE PENETRATION OF PROPERTY LINE FIRE WALL) (BRENT DICI{ENS) 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 875-881 Fourth Street has appealed 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, doeslereby find as follows: 1) That granting of an exception to allow a penetration of the fire wall between 875 Fourth Street and 881 Fourth Street will not create a hazardous condition, if the conditions listed under 5, 6, and 7, 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 combined areas of the two buildings are within that allowed by the Building Code for a single building of the same size; 5) That the opening shall be protected by a three-hour fire door which closes automatically upon activation by a smoke detector; 6) 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, and 7) That documentation shall be submitted by the respective property owners stating that they have no objection to the opening. NOW, THEREFORE, BE IT RESOLVED BY THE SAN RAFAEL CITY COUNCIL, ACTING IN ITS CAPACITY AS BOARD OF APPEALS, that in view of the fore- going findings, the appeal for relief from Section 504 of the Uniform Building Code at 875-881 Fourth Street, be and is hereby granted. 011���I`da��i. 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 21st day of January, 1985, by the following vote, to wit: AYES: COUNCILMEMBERS: Breiner, Nave, Russom and Mayor Mulryan NOES: COUNCILMEMBERS: None ABSENT: COUNCILMEMBERS: Frugoli J NE M. LEONCI\I, City Clerk N