April 1, 2013


                Chairman Jack Humburg called the meeting of the webinar meeting to order at 2:00 P.M. on April 1, 2013.  Members present were Jack Humburg, Barb Page, Bill Riha, Catherine Powell, Linda Parnell, Jim Woolyhand and Bob Gerwe. 


Review of Minutes of the January 23, 2013 Meeting:


                Several members stated they could not access the online file for the minutes; therefore review was deferred to the following meeting because of technical difficulties.


Review of Applications for Waivers from Accessibility Code Requirements.  



The applicant requested a waiver from providing vertical accessibility to a new, 1,600 square foot loft in an existing 5,000 square foot warehouse that has historically been used for marine industrial purposes.  The owner plans to divide the building into two commercial studios and construct the new loft.  There is an existing lift to convey patrons to the first floor level and quotes from $88,867 to $122,000 for elevators were provided.  The overall construction cost of the project is estimated to be $202,252; however, the building official stated that the building underwent a $1,250,000 alteration during the previous three years, increasing the applicable cost for determining disproportionate cost to be $1,454,252.  Orin T. Black represented the applicant ad stated most of the work done was for infrastructure rather than making actual modifications to the building.  Barb Page moved to recommending deferring further consideration of the application until the following meeting to allow the applicant to provide a breakdown of the $1,250,000 and submit a floor plan for the loft.  Bob Gerwe seconded the motion and the vote of the Council was unanimous in favor of it. 




The applicant requested a waiver from providing a ramped dune walkover system in lieu of a stepped dune walkover costing $40,534.  According to the applicant, a ramped system would increase the cost of construction an additional $79,600.  The structure is being constructed as a result of a beach renourishment project adjacent to the property which is a resort condominium licensed under Chapter 509, F. S.  It is also subject to regulation by the Department of Environmental Regulation (DEP), since the system will be installed seaward of the Coastal Construction Control Line.  DEP will not permit a ramped system to be constructed because the size of the structure would create more impervious materials, subject to storm conditions, on the beach.  The applicant plans to provide a beach wheelchair to maneuver on the sand after leaving the structure.  The local building official does not consider the stepped system accessible, and referred the applicant to the Commission for a waiver.  There are no Florida-specific requirements in the Accessibility Code that can be waived.   No one was present to represent the applicant and Barb Page moved to defer action and obtain documentation of the project’s licensing status.  Catherine Powell seconded the motion and the vote of the Council was unanimous in favor of it.




The applicant requested a waiver from providing vertical accessibility to the second floor of an office building undergoing a $75,000 alteration.  Access to the second floor from the first is obtained via an interior stair.  The project will also include adding a second stair to the upper offices to comply with egress requirements; making the entrance of the building accessible; modifying existing restrooms so they are accessible; and altering interior doors to provide 32” clear widths.  Estimates of $58,000 and $37-39,000 were submitted as the cost to install an elevator to the second floor, which contains seven existing offices, a mechanical room and vacant storage space.  Don Swaby represented the applicant and stated the waiver should be granted since it would cost more than 20 percent of the cost of construction to make the second floor accessible.  Barb Page moved to recommend granting the waiver based on disproportionate cost, and following a second by Catherine Powell, the vote of the Council was unanimous in favor of the motion. 




The applicant requested a waiver from providing vertical accessibility to the first guest room level of a historic hotel.  The lobby is accessed from street level, and the first floor is elevated via a series of steps.  According to the applicant, the stairway width is only 4’9” wide, and installation of a lift would encroach into the required clear egress space.  The two upper level guest room floors are served by a passenger elevator and all required accessible guest rooms are located on accessible floors.  Robert Fine represented the applicant and stressed that it would b technically infeasible to provide a lift to the elevated level since the existing stair width would not allow installation of the device.  Barb Page moved to recommend granting the waiver due to technical infeasibility.  Linda Parnell seconded the motion and the vote of the Council was unanimous in favor of it.




The applicant requested a waiver from providing vertical accessibility to the entrance and to all levels of a 2800 square foot two story split level with three levels. The applicant plans to hold pool tournaments and has no accessible features currently in the building. The project consists of no alterations to the building.  Estimates of $100,000.00-$125,000.00 and $80,000.00 for an elevator was submitted and an estimate of $54,300.00 for the shaft. The value of the existing building is $170,000.00 to substantiate financial costs will be incurred by the owner if the waiver is denied.  Brad White and Gary Patrick represented the applicant and stated there is no access for persons with disabilities since the pool tournaments are invitation only and not a place of public accommodation.  Linda Patrick noted that seating is available for visitors and regardless, the project is still subject to Title III of the ADA.  Barb Page moved to recommend granting the waiver since it would be technically infeasible to make it accessiblel, but note that if granted, it would provide not relief from compliance with Title III.  Linda Parnell seconded the motion.  The vote of the Council was:  Aye:  Barb Page and Linda Parnell.  Nay:  Jack Humburg, Bill Riha, Catherine Powell and Jim Woolyhand.  Jack Humburg said the Commission would be advised of a split vote by the Council. 


There being no further business to come before the Council, the meeting adjourned at 3:30 P.M.