1984-074-Granting Appeal With Conditions From Decision Of Building Official-John Paul'sRESOLUTION 140. 1984 -74
RESOLUTION GRANTING APPEAL WITH CONDITIONS FROM DECISION
OF BUILDING OFFICIAL
(354 North Santa Cruz Avenue -- John Paul's)
WHEREAS:
John E. Keith, owner of John Paul's, has appealed a decision of
the Building Official as follows: requiring modification of existing
sanitary facilities to comply with State handicapped access regulations
(Title 24 of the California Administrative Code) in connection with a
building remodeling at 354 North Santa Cruz Avenue; and
2. A public hearing was held by the Town Council on April 2,
1984 and on April 16, 1984;
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 $15,000 due to the relocation of two walls containing
plumbing;
b. The cost of all construction contemplated without sanitary
facilities modification is $40,000;
c. The construction cost of providing equivalent facilitation
for handicap access to the sanitary facilities by relocating fixtures and
partitions within existing walls is $5,000;
d. The impact of the $5,000 sanitary facility modification plan
provides reasonable access for the handicapped and constitutes equivalent
facilitation; and
e. Due to unreasonable hardship, equivalent facilitation may be
allowed pursuant to Title 24, Section 2 -1711 of the California
Administrative Code.
Based on the foregoing findings, the appeal is granted with the
following conditions:
a. Provide 36 -inch clear width at the door to the stall in the
women's sanitary facility; and
b. Relocate the corner support of the stall in the women's
sanitary facility to provide clear space at the floor.
3. Pursuant to Los Gatos Town Code Section 1 -15, the time for
seeking judicial review of the Town Council decision is governed by
California Code of Civil Procedure Section 1094.6.
PASSED AND ADOPTED at a �re I ar meeting of the Town Council
of the Town of Los Gatos held on the 7t_�h..,c�ay of __May , 1934 by the
following vote:
AYES: COUNCILMEMBERS Joanne Benjamin, Eric D.
Carlson, Terrence J. Daily, Brent N. Ventura
and Mayor Thomas J. Ferrito
NOES: COUNCILMEMBERS None
ABSTAIN: COUNCILMEMBERS None
ABSENT: COUNCILMEMBERS None
SIGNED:
MA OP. TOWN OF LOS GATOS
ATTEST:
CLER*. F I E4 O U
-2-