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1987-052-Concerning Fire Wall Protection And Exit Requirements For Proposed Reconstruction Of Commercial BuildingRESOLUTION NO. ]9R7 -59 RESOLUTION DENYING APPEAL FROM DECISION OF BUILDING OFFICIAL CONCERNING FIRE WALL PROTECTION AND EXIT REQUIREMENTS FOR PROPOSED RECONSTRUCTION OF COMMERCIAL BUILDING (442 N. SANTA CRUZ - SAM CHUCK ASSOC.) WHEREAS: 1. Charles T. Kilian, attorney on behalf of property owner Sam Chuck Associates, has appealed a decision of the Building Official as follows: denial of two (2) alcoves and exit doors at the rear of the proposed building; and, 2. A public hearing was held by the Town Council on April 20, 1987. IT IS HEREBY RESOLVED: 1. The Town Council hereby finds that the decision of the Building Official was correct due to the following: a. The proposed alcoves create openings at the rear wall that are prohibited because the rear wall is less than five (5) feet from the property line; and, b. A rear door as a required exit is prohibited because it must provide a continuous and unobstructed means of egress to a public way and the Town -owned property adjacent to the subject property is not committed to remain unobstructed; and, C. The plans approved by the Planning Commission did not include openings at the rear exit wall. 2. The Town Council further finds that it is in the best interest of the Town to preserve its options concerning the development of the Town -owned property for parking purposes. 3. Based on the foregoing findings, the appeal is denied. 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 1994.6. PASSED AND ADOPTED at a regular meeting of the Town Council of the Town of Los Gatos, California, held on the the following vote. 4th day of May ,1987 by AYES: COUNCIL MEMBERS Joanne Benjamin, Eric D. Carlson, Thomas J. Ferrito, Mayor Brent N. Ventura NOES: COUNCIL MEMBERS Robert L. Hamilton ABSTAIN: COUNCIL MEMBERS None ABSENT: COUNCIL MEMBERS None SIGNED: AAY UK 0 OWN OS GATOS ATTEST: DEPUTYZLE— RIZ�OF TAE W OS UATDS