1987-004-Granting Appeal From Decision Of The Building Official Concerning Handicapped Access RequirementsRESOLUTION N0: 1987 -4
RESOLUTION GRANTING APPEAL FROM DECISION OF THE BUILDING
OFFICIAL CONCERNING HANDICAPPED ACCESS REQUIREMENTS
(464 North Santa Cruz Avenue - Yogurt Delite)
WHEREAS:
1. Sassan Lebastchi, on behalf of Yogurt Delite, has appealed a decision
of the Building Official as follows: requiring modifications to sanitary
facilities to meet handicapped accessibility regulation for the proposed
remodel of a retail store at 464 North Santa Cruz Avenue; and
2. A public hearing was held on December 15, 1986.
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that an unreasonable hardship exists to
enlarge the interior space of the restroom based on the following:
a. The total area of space for the store is 860 square feet;
b. Modification of the existing restroom will require relocation
of walls and plumbing,
c. The cost to modify the restroom is estimated to be $4,500 while
the total construction cost is $7,000; and
d. The restroom is not made available to the general public but
used by employees only.
2. The Town Council hereby further finds that the appellant is willing
to comply with all handicapped access regulations with the exception of
enlarging the restroom.
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3. Based on the foregoing findings, the appeal is grunted as follows:
The store must comply with the handicapped access regulations of Title 24 of
the California 8d0fnistr8tive Code, including the installation Of grab bars,
with the exception that the r8str0Nm will not be required t0 he enlarged based
upon unreasonable hardship.
PUrSU8ot to Los Gatos Town Code Section 1-16, the time for seeking
judicial review for the Town Council decision is governed by California Code of
Civil Procedure Section 1048^6^
PASSED AND ADOPTED at a regular meeting of the Town Council of the Town
Of Los GJt0S^ California, held on the 5th day Of January , 1987 bY
the following vote.
AYES: COUNCIL MEMBERS-
J. Ferrito, Robert L. Hamilton, and Mavor Brent N. Ventura
NOES: COUNCIL MEMBERS-
ABSTAIN: COUNCIL MEMBERS-
ABSENT: COUNCIL MEMBERS-
SIGNED:
MAYOR OF THE TOWN OF LOS GATOS
ATTEST: