1987-067-Granting Appeal With Conditions From Decision If Building OfficialRESOLUTION NO:- 1987 -67
RESOLUTION GRANTING APPEAL WITH CONDITIONS FROM DECISION
OF BUILDING OFFICIAL
(50 University Avenue-- Mimi's Rooftop Cafe)
WHEREAS:
1. David Benevento has appealed a decision of the Building
Official as follows: requiring modifications of existing restaurant and
sanitary facilities to comply with State handicapped access regulations
(Title 24 of the California Administrative Code) in connection with a
building permit application to remodel Mimi's Rooftop Cafe located at 50
University Avenue; and,
2. A public hearing was held by the Town Council on May 4, 1987
and on May 18 1987.
IT IS HEREBY RESOLVED:
1. The Town Council hereby finds that an unreasonable hardship
exists for the appellant if the building standards necessary for full
compliance for handicap access to the sanitary facilities are required for
the following reasons:
a. The construction cost of providing full access in
accordance with Title 24 is estimated to be in excess of $10,000 due to
the relocation of two walls containing plumbing and the estimated cost to
modify the primary entrance and path of travel to remodel area is in
excess of $30,000.
b. The cost of all construction contemplated without the
above modification is $55,000;
C. Equivalent facilitation can be provided by use of
existing restrooms that are accessible and by making an existing dining
room and primary entrance accessible to the handicapped by installing a
ramp (estimated cost is $10,000). This alternate clearly provides access
to a primary entrance and a reasonable portion of the restaurant dining
area.
2. Based on the foregoing findings, the appeal is granted with
the following conditions:
a. Provide a sign near elevator indicating direction to
handicapped restrooms.
b. Provide a ramp, in compliance with handicap standards,
to the primary entrance at front deck.
3. Pursuant to Los Gatos Town Code Section 1 -15, the time for
seeking judicial review for the Town Council decision is governed by
California Code of Civil Procedure Section 1094.6.
PASSED AND ADOPTED at a regular meeting of the Town Council of
the Town of Los Gatos, California, held on the Ist day
of June 87 by the following vote.
AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson
Robert L. Hamilton
NOES: COUNCIL MEMBERS Thomas J. Ferrito, Mayor Brent N. Ventura
ABSTAIN: COUNCIL MEMBERS
ABSENT: COUNCIL MEMBERS
SIGNED:
MAYUR Oh ]HE IUWIJ 0 LOS S GA 0T S
ATTEST:
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CLERK OF THE TOWN OF LOS GAT