1980-127-Denying Appeal Of Orville L. Johns From Revocation Of Building Permit No. 7336 And Other MattersRESOLUTION NO. 1980 -127
RESOLUTION OF THE TOW14 OF LOS GATOS DENYING
APPEAL OF ORVILLE L. JOHNS FROM REVOCATION
OF BUILDING PERMIT NO. 7336 AND OTHER MATTERS
The above - entitled Building Code appeal came
on for public hearing before the Town Council on August
4, 1980. Mr. Johns was represented by Robert David Baker,
and the Town was represented by Preston W. Hill. Both
sides were presented full opportunity to present testimony
and exhibits and to cross- examine witnesses for the other
side. Upon reviewing all matters submitted, the Council
makes the following findings:
1. On or about June 30, 1978, Orville L. Johns
( "Johns" herein) was issued Town of Los Gatos Building
Permit No. 7336.
2. Between June 1978 and October 1978, the
Building Official received letters from the engineer and
architect for Johns representing that the building was
being built contrary to approved plans, and disclaiming
any responsibility for the safety or soundness of the
building under the circumstances.
3. Based on the foregoing letters, the Building
Official visited the subject building on October 31, 1979
and personally observed certain substantial variations
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between the building as built and the approved plans,
including but not limited to (a) smaller ceiling timbers
than called for by the plans, and (b) removal of a masonry
fireplace that was part of the structural support of the
building under the approved plans.
4. Based on the aforesaid letters and personal
observation, the Building Official notified Mr. Johns on
November 9, 1979 that Building Permit No. 7336 was suspended,
and that no further work or occupancy was authorized until
revised plans were approved.
5. Between November 1979 and July 10, 1980,
Johns submitted various sets of revised plans, and in each
case the Town promptly notified him of deficiencies and
necessary corrections.
6. On July 11, 1980, the Building Official gave
Johns written notice of approval of his revised building
plans. However, because the changes in the design of the
building were substantial, the Planning Department correctly
determined that Johns would have to obtain a new Site and
Architectural Approval. As of the date of the hearing,
Johns had not availed himself of that opportunity.
7. The Council hereby interprets Town Code Section
7.01.065 as allowing any decision of the Building Official
to be appealed to the Council. Mr. Johns made no mention
of any appeal until his letter to the Mayor dated May 31,
1980 requesting forms. The Town Manager responded promptly
to said request in his letter of June 13, 1930 describing
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the appropriate procedure for appeal. Johns filed an appeal on June 17,
1980, and the Town promptly set the matter for public hearing before
the Council.
Based on the foregoing findings, it is hereby RESOLVED that
the appeal of Orville Johns from the revocation of Building Permit No.
7336 and other decisions of the Building Official is denied.
PASSEL) AND AI)OPTED at a regular meeting of the Town Council
of the Town of Los Gatos held on the 15th day of September, 1980, . by
the following vote:
ATTEST:
AYES: COUNC1LN1li11,1BBRS: _Ruth Cannon, MarLyn J. Rasmussen,
Peter W. Siemens, Brent N. Ventura and Thomas
J. Ferrito
NOES: COU,NCILMFABERS: None
ABSTAIN: COUNCID]I:MBERS: None
ABSENT: COUNClfI% ,', -BRAS: None
SIUNED:
Y R Up HE Vi Or LOS GA S
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