HomeMy WebLinkAboutCC Resolution 9774 (65 Medway Road Appeal)RESOLUTION NO. 9 2 7 4
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 65 MEDWAY ROAD, 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 65 Medway Road 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 fully
accessible toilet rooms unreasonable;
2. That access to the area being remodeled will be provided by remodeling an existing entrance
and that toilet rooms will be partially upgraded for access;
3. That the cost of the proposed improvements without access upgrades is $4,000.00;
4. That the cost of the partial access improvements to be provided is $2,468.00;
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 65 Medway Road, be and is
hereby granted.
R,
} C , �q A I 6A
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 215` day of January, 1997, by the
following vote, to wit:
AYES: COUNCILMEMBERS: Heller, Miller, Phillips & Vice -Mayor Cohen
NOES: COUNCILMEMBERS: None
ABSENT: COUNCILMEMBERS: Mayor Boro
JEMNV M. LEONCI I, City Jerk
-2-