ONE STORY RETAIL BUILDING

Issue: Vertical accessibility to the building entrance.

Analysis: The applicant is requesting a waiver from providing vertical accessibility to the main entrance located 27” above grade to the 3,205 square foot building. The structure has zero lot line setbacks on two sides and there is insufficient space on the front to construct a ramp. The applicant petitioned the Miami Environmental and Historic Protection Board to allow relocation of the entrance to make it accessible, but the request was denied since it would have negatively impacted the historic significance of the building. According to the applicant it would be possible to lower the entrance door and building an internal ramp, but it would cost an additional $40,000 and impact the existing stemwall. The proposed work is an estimated $111,500 alteration.

Project Progress:

The project is under design.

Items to be Waived:

Vertical accessibility to the main entrance, as required by Section 553.509, Florida Statutes.

553.509: Vertical accessibility - Nothing in sections 553.501-553.513 or the guidelines shall be construed to relieve the owner of any building, structure or facility governed by those sections from the duty to provide vertical accessibility to all levels above and below the occupiable grade level, regardless of whether the guidelines require an elevator to be installed in such building, structure or facility, except for:

(1) Elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks and automobile lubrication and maintenance pits and platforms;

(2) Unoccupiable spaces, such as rooms, enclosed spaces and storage spaces that are not designed for human occupancy, for public accommodations or for work areas; and

(3) Occupiable spaces and rooms that are not open to the public and that house no more than five persons, including, but not limited to equipment control rooms and projection booths.

Waiver Criteria: There is no specific guidance for a waiver of this requirement in the code. The Commission’s current rule, authorized in Section 553.512, Florida Statutes, provides criteria for granting waivers and allows consideration of unnecessary or extreme hardship to the applicant if the specific requirements were imposed.