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301 program for the approximately 202,500 square foot multi-tenant office complex located at 4473 Willow Road, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, and Mohr NOES: Mayor Mercer ABSENT: None Appeal of Door Heights at 400 Main Street Mr. Smith presented his report (SR 86:521) dated December 2, 1986, regard- ing this matter. Mayor Mercer declared the public hearing open on this item. Mr. David Powell, 1488 Bluebell Drive, Livermore, appellant, stated he was not aware the doors of the new building at 400 Main Street were too short un- til after inspection by the City Inspectors. He advised he ordered the doors out of a catalog six months ago. He added it would be a great financial loss to him to have to replace the doors. Mr. Joe Dotson, 2272 Research Drive, Livermore, the door supplier, stated that stated that most door do not meet code. He explained how doors are fit- ted and the heights reduced by the framing. He stated he supplied the doors ordered by Mr. Powell. He added that 6'5-1/2" is the average height of doors. Mr. Bruce Fiedler, 251Kottinger Drive, stated he felt the door should be replaced and made higher, to accommodate such persons as himself who is 6'7" tall. He stated there could be liability to the City to allow the substandard doors. There being no further testimony, Mayor Mercer declared the public hearing closed on this item. Mr. MacDonald stated that the City Ordinance provides a special exemption from liability for the Board of Appeals. The Council, as the Board of Ap- peals, must determine if adequate findings can be determined to allow the doors to remain at their present height. The Board is authorized to determine the suitability of alternate materials and methods of construction and to pro- vide for reasonable interpretation of the Building Code. After considerable discussion, it was moved by Councilmember Butler, and seconded by Councilmember Brandes, that Resolution No. 86-565, after finding that the present height of the doors at 400 Main Street are not a significant departure from the code, approve the appeal of David Powell to let the doors stay at the height of 6'5", subject to the following conditions: (1) signage approved by the Building Official to warn of the lower door frame height; (2) padding approved by the Building Official should be added to protect against possible head injuries; and (3) the developer agrees to defend, indemnify and hold the City harmless from any injuries which may result from the low height, be adopted. The roll call vote was as follows: AYES: Councilmembers Brandes, Butler, and Mayor Mercer NOES: Councilmember Mohr ABSENT: None MATTERS CONTINUED FOR DECISION Adoption of Ordinance No. 1284, Modification to Fire Sprinkler Ordinance 9 - 12-2-86