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:




Written Authorization:

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.)

1940 Apartment building with 9 units +/- 450 sf each. Ownership wants to make into a VRBO R-1 Use from R-2 use. All units discharge to double-loaded elevated stoops at the entrance with limited access and individual stoops at the rear. Setbacks are very tight.

Construction Cost:

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

We got two different estimates to do the ADA improvements required to comply with City of Miami Beach Accessibility requirements.
- Trebor Construction quoted 104,181.25 to complete the project.
- Sojo Building Group quoted 112,254.25 to complete the project.

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

Cost of Construction:

Miscellaneous upgrades and maintenances.

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.
The building department is requesting that accessible entry be provided to all units if Vacation Rental R-1 use is desired. This would grossly affect the cost of improvements and affect the means by which the building is design to perform in storm surge event. Building as performed without issue in hurricanes since 1940. Displacing water flow could affect the property and adjacent properties in ways we do not know.

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

Requesting that Vertical Accessibility be waived down to ADA Standards
Provide vertical accessibility to all levels above and below the occupiable grade level (some exceptions apply). FAC 201.1.1.
Vertical accessibility to all levels requirement may be waived down to ADA Standards by the Florida Building Commissions. FAC 201.1. City of Miami Beach Building Department indicated that if we make 1 unit of the 8 vacation rental units to be accessible and we get a waiver from the State of Florida they would approve the project.

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

Site setbacks are limited and effects on a raised patio and existing flood vents and water management in storm event creates an undesired condition, if a raised patio is required, the cost of construction to deal with floodwaters would be substantially high.
To modify all units to become vertically accessible owner would have to invest an amount that is significantly higher the current assessment of the entire building.

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.

FANJUL & ASSOCIATES, LLC was retained to assist owner in securing permit for the conversion of Building Occupancy R2 to R1 transient lodging.
Site is an original 1940's structure with a 30" crawl space below and flood vents throughout perimeter at approximately 8'-10' o.c. Site in narrow and limited space is available for access.
Unit entry doors are double loaded and exits out back are single.
Existing access is thru steps. ADA Ramp made of steel frame and composite decking proposed to not undermine existing flood management system effective since 1940.

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, or anything that will assist the Council and the Commission to determine the appropriate resolution of your request.