1. Name and address of project for which the waiver is requested:




Zip Code:

Local Building Department Contact Information

Applicant Information:

2. Name of Applicant. If other than the owner, please indicate relationship of applicant to owner in space provided:

First Name:

Last Name:



Zip code:




Relationship to owner:

Owner Information:

3. Please enter the owner information below. If the owner and the applicant are not the same person, please upload a written authorization by owner in space provided:

Owner First Name:

Owner Last Name:



Zip code:




Project and Facility Type:

4. Please check one of the following:

5. Type of facility. Please describe the building (square footage, number of floors). Define the use of the building (i.e., restaurant, office, retail, recreation, hotel/motel, etc.)


Arcade Monsters is an arcade that features retro and modern video games and is popular with children and adults. The arcade is located in a public shopping center strip mall. The majority of the arcade consists of two main rooms full of games. The small mezzanine area is currently listed for storage but we would like to use it for overflow seating to help give patrons more room within the space. No games would be moved to the mezzanine area that isn't already available below.

Construction Cost:

6. Project Construction Cost (Provide cost for new construction, the addition, or the alteration):


Without an accessibility waiver, we would need to construct a wheelchair lift to make the mezzanine complaint with ADA rules. We've received three quotes for this process but we haven't begun any construction. The cost of this process would be burdensome on us. We included the costs for the original work to open the store below as well.

We have made sure every other aspect of our location is fully ADA compliant and meets all accessibility needs. We are hoping to be able to get a waiver for the Mezzanine. The city has told us we do not need anything else to permit the area from office space to the useable area. As such, we have no construction costs to upload beyond our compliance costs listed later in the application.

7. Has there been any construction activity on this building during the past three years?

Cost of Construction:


Basic updates to be able to use the location as an arcade. See itemized costs listed above.

Building Official Recommendation upload:

Construction Status:

8. Project Status: Please check the phase of construction that best describes your project at the time of this application. Describe status.

*Briefly explain why the request has now been referred to the Commission.

Arcade Monsters has become incredibly popular in the local area. It's a fantastic local business and a great place for children, teens, and adults to relax and unwind in a safe environment. We understand fully the weight that goes into decisions related to assessability. We would like to change the usage of the Mezzanine area on our plans from Storage to useable overflow space for patrons. We've been advised by the city to make these changes we will need to seek an accessibility waiver. We've done everything we can to make sure our store is welcoming, inviting, and inclusive toward all. We genuinely need to be able to use this extra space for seating and housing duplicate console games that area already available downstairs. No construction is needed at this time beyond a lift or waiver.

Requirements to be Waived.

9. Requirements requested to be waived. Please reference the applicable section of Florida law. Only Florida-specific accessibility requirements may be waived.

Issue 1: Florida-specific hotel/motel rooms Minimum height in parking structures Accessible parking
Vertical accessibility Toilet rooms
Private Other

Arcade Monsters has a small mezzanine area that does not have accessibility beyond the main stairwell. This area is currently zoned for storage. We have no need to use it for storage space. We would like to make the area useable for overflow seating and to house duplicate console games that are already available downstairs. We are more than happy to make sure priority on downstairs seating and console games is given to those who need it. We are aware at this time we would need a wheelchair lift to be added for us to use this space without a waiver. Next door has been granted a waiver for a similar situation for an identical space.

Issue 2: Florida-specific hotel/motel rooms Minimum height in parking structures Accessible parking
Vertical accessibility Toilet rooms
Private Other Need Additional Space
Issue 3: Florida-specific hotel/motel rooms Minimum height in parking structures Accessible parking
Vertical accessibility Toilet rooms
Private Other Need Additional Space

Grounds for waiver.

10. Grounds for Waiver: The Florida Building Commission may grant waivers of Florida-specific accessibility requirements upon a determination of unnecessary, unreasonable or extreme hardship. Please describe how this project meets the following hardship criteria. Explain all that would apply for consideration of granting the waiver.


Need Additional Space

The mezzanine area in question has been used previously for overflow space and seating. Our customers expect to be able to use the area and it helps us maintain a healthy distribution of people within the store. When we became aware that our use wasn't compliant with ADA rules we immediately switched back to using it as storage only. At this time we have no needs for using the space as storage. We've received numerous complaints from people who miss being able to have access to that space. We've made substantial investigations into whether there are options for us to make the space more accessible. We don't own the building though and are just renting which makes substantial structural additional difficult. The price for a wheelchair lift is too much for us to cover.

Cost Estimates For Compliance:

Licensed Design Professional Comments.

11. Licensed Design Professional: Where a licensed design professional has designed the project, his or her comments including his or her signature and professional seal MUST be uploaded.

Professional Comments

Comments: Design Professional First Name: Design Professional Last Name: Street Address: City: State:

Zip: Email Address: Phone:

Additional Documentation.

12. Upload Additional Documentation: Please upload any documentation such as plans, photographs and anything that will assist the Council and the Commission to determine the appropriate resolution of your request.