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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 -1- 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 -2- 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 N --� �— C I ERh Oi 11iE TO1 ti O( LOS � - OS