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Resolution 1998-21 ~" . . RESOLUTION NO, 98-21 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GILROY AFFIRMING THE DECISION OF THE PHYSICALLY CHALLENGED BOARD OF APPEALS AND DENYING AN APPEAL FOR AN EXCEPTION TO THE REQUIREMENTS OF THE STATE OF CALIFORNIA BUILDING CODE HANDICAPPED ACCESSIBILITY STANDARDS FOR THE GILROY ROADWAY PLAZA PROJECT, APPELLANT HOWARD VIERRA WHEREAS, Howard Vierra ("Appellant") filed an appeal to the City Council regarding the decision of the City of Gilroy's Physically Challenged Board of Appeals which denied his request for an exception to California Building Code section 1111B requiring handicapped accessibility for new construction relating to the second story hotel units located over the proposed convenience store at the Gilroy Roadway project at Travel Park Circle; and WHEREAS, based upon the requirements of the California Building Code, the City's Building, Life and Environmental Safety Division had denied Appellant's requested exception as a violation of the California Building Code and State statutes; and WHEREAS, on March 3, 1998, Appellant had submitted a written appeal to the Building, Life and Environmental Safety Division's decision, which appeal was denied by the Physically Challenged Board of Appeals on March 26, 1998, after a hearing of all evidence and testimony presented by Appellant and his representatives; and WHEREAS, Appellant requested that the City Council grant him an exception to the requirements of the California Building Code pursuant to California Building Code section lll1B.1 and California Health and Safety Code section 19957, both of which allow for an exception to the California Building Code requirements for new construction upon a finding of practical difficulty, unnecessary or unreasonable hardship or extreme differences provided that equivalent facilitation is provided; and WHEREAS, Appellant submitted testimony to the City Council at its hearing on the matter on April 6, 1998, that the access requirement to the second story motel rooms at the Monterey Truck Stop would create a hardship under law due to his estimated cost of $150,000 for an elevator; and WHEREAS, Appellant further submitted to the City Council that equivalent facilitation would be provided in the form of providing two additional handicapped accessible hotel rooms at a future Ramada Inn, to be located at a date uncertain across the street on an adjacent parcel; and \RS\408959,01 81-042104706002 1 RESOLUTION NO, 98-21 ." . . WHEREAS, the City Council reviewed and considered the oral and written testimony from the Appellant and his representative and from City staff and the Board of Appeals, NOW, THEREFORE, BE IT RESOLVED THAT the City Council hereby finds: 1. Appellant has failed to make a showing of practical difficulty, extreme differences or unnecessary or unreasonable hardship as required pursuant to statutes cited above in that, among other reasons set forth in the record, the expenditure for an elevator alleged to create a financial hardship is not required; instead, the one required accessible room could be on the first floor, Even if the Appellant chose to retain the accessible room on the second floor, the alleged cost of the elevator or other approved method of access is not substantial compared to the total cost of the project as provided to the City by Appellant. 2. Appellant has failed to provide equivalent facilitation as required by law in that the offer of additional handicapped accessible rooms at a different hotel located on an adjacent but separate legal parcel is not accessible because, among other reason cited in the record, it is located across the street. In addition, there is no guarantee that the second hotel will ever be built, and in any case, as confirmed by Appellant, it will not be under the same ownership as the hotel which is the subject ofthis appeal. 3. The decision of the Physically Challenged Board of Appeals in this matter is affirmed, and this appeal is denied, PASSED AND ADOPTED this 27th day of April, 1998, by the following vote: AYES: COUNCILMEMBERS: ARELLANO, GIFFORD, MORALES, ROWLISON, SPRINGER, GILROY NONE NOES: COUNCILMEMBERS: ABSENT: COUNCILMEMBERS: SUDOL APPR,O~~~~ (' ~,~- K. A. Mike Gilroy, Mayor ~~. . _ 'J~ Rhonda Pellin, City Clerk IRSI408959,01 81-042104706002 2 RESOLUTION NO, 98-21 . , . . I, RHONDA PELLIN, City Clerk of the City of Gilroy, do hereby certify that the attached Resolution No. 98-21 is an original resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council held on the 27th day of April, 1998, at which meeting a quorum was present. IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of the City of Gilroy this 6th day of May, 1998. ~~ City Clerk of-the City of Gilroy (Seal)