ACCESSIBILITY
ADVISORY COUNCIL
December 10, 2007
The Council convened at 9:05 a.m. with 6 members present.
Consent Agenda:
Case #2
Devereaux Florida Group Home. This falls in
the automatic exemption and does not require a waiver. In as much as the applicant has requested
this waiver at the request of the building official, the Council unanimously
recommended approval based on the automatic exemption of five
or less persons and not open to the public. Even though approved from the Florida specific requirements, this does not relieve them
from the requirements of Title II of the ADA.
Case #5
Palm Beach County Fire
Rescue Station. The Council unanimously recommended approval
in favor of the provisions of the Uniform Federal Accessibility Standards.
Case #9
Florida
Association of Counties. The Council recommended 5 to 1 for approval
based on the provisions of of F.S. 553.512 related to
20% disproportionate cost. Even though approved from the Florida specific requirements, this does not relieve them
from the requirements of Title II of the ADA.
Case
#10 Northpoint
High School. The Council
unanimously recommended approval based on the provisions of F.S. 553.512
related to financial and extreme hardship.
Case #12 78 Spanish Street Renovation. The Council unanimously recommended approval
based on the historic character and extreme hardship.
Case #14 Epic Theaters
Stadium 14, Flagler
County. The County unanimously recommended approval
based on the provisions of F.S. 553.512 as unnecessary.
Case #18 Pasco County
Fire Station Practice Structure. The
Council unanimously recommended approval based on the provisions of F.S.
553.512 as unnecessary.
Case #19 Kempe
Office Plaza. The Council unanimously recommended approval
based on the provisions of F.S. 553.512 related to 20% disproportionate cost.
The following cases were
approved with conditions.
Case #3 Wendys
International. This building in
undergoing a alteration to comply with a settlement agreement entered by the
federal court system which stipulated the repair work that must be made. The agreement allowed the toilet stall doors
to open into the clear floor space of the plumbing fixtures. This is a violation of Chapter 11 of the
FBC. The Council unanimously recommended
approval based on the provisions of 553.508, Barrier Removal as not readily
achievable, the settlement agreement, and FBC, Section 11-4.1.8 paragraph
1. Even though approved from the Florida specific
requirements, this does not relieve them from the requirements of Title II of
the ADA.
Case #4 Sea World
Orlando Shamu Theater Seat Addtion. The applicant is requesting a waiver from
providing vertical accessibility to all rows of seats in a 924 seat addition to
the existing stadium. The Council
unanimously recommended approval based on the provisions of F.S. 553.512 as
unnecessary with the condition that the accessible seating be moved in one seat
from the end cap and place the companion seat on the end cap.
Case #7 Matrix Employee
Leasing. The applicant is requesting a
waiver from providing vertical accessibility to the second floor of an existing
14,856 sq. ft. office building undergoing a $57,944 alteration. The Council recommended 4 to 2 for approval
based on the provisions of F.S. 553.512 related to 20% disproportionate cost
with the condition plans are submitted to DCA staff to delineate all amenities
on the second floor are duplicated on the first floor.
Case #15 Epic Theaters
Clermont. The applicant is requesting a
waiver from providing vertical accessibility to all rows of seats in a new
$8,000,000 theater complex. The Council
unanimously recommended approval based on the provisions of F.S. 553.512 as
unnecessary with conditions. The
condition recommended is that plans are modified and sent to DCA staff to
verify that 17 seats are removed from theaters 6 and 11 to reduce the number of
accessible seat locations from 5 to 4 to provide the necessary 4 companion
seating.
Case #16 Epic Theaters
St. Johns County. The applicant is requesting a waiver from
providing vertical accessibility to all rows of seats in a new $8,000,000
theater complex. The Council unanimously
recommended approval based on the provisions of F.S. 553.512 as unnecessary
with conditions. The condition
recommended is that plans are modified and sent to DCA staff to verify that 17
seats are removed from theaters 6 and 11 to reduce the number of accessible
seat locations from 5 to 4 to provide the necessary 4 companion seating.
Case #17 Golds Gym Northside. The applicant is requesting a waiver from
providing vertical accessibility to an existing 3,378 sq. ft. mezzanine in an
existing 18,667 sq. ft. building used as a fitness club. The Council unanimously recommended approval
based on the provisions of F.S. 553.512 related to 20% disproportionate cost
with the condition plans are submitted to DCA staff to delineate all amenities
on the second floor are duplicated on the first floor.
Case #20 Marriots
Crystal Shores. The applicant is requesting a waiver from
providing vertical accessibility to a water slide. The applicant advised that phase II will
provide the necessary structure to provide vertical accessibility to the water
slide. The Council recommended 5 to 1
for approval based on the provisions of F.S. 553.512 as unreasonable unitl the construction of the future structure. In case Phase II is not constructed, the
Council recommended that this waiver be conditional for three years. If the future structure is not constructed,
the water slide must be provided with vertical accessibility by another means.
The following cases were
recommended for deferral:
Case #5 Riverview High School. The applicant is requesting a waiver from
providing vertical accessibility to all rows of seats in retractable
bleachers. The Council unanimously
recommended deferral for the applicant to provide additional information to
include, but not be limited to, additional accessible seating locations, present
seating count, and clarification of the accessibility to the second floor
classroom.
Case #8 FL-TLHO Office Building. The applicant is requesting a waiver from
providing vertical accessibility to the second floor of an office building
where 19 employess will work. The Council unanimously recommended deferral
for the applicant to provide additional information to include, but not be
limited to, bids to provide lifts, clarification of costs break down of
alterations vs. maintenance, building official statement of construction value
for the lasts three years and floor plans indicating floor usage of both
floors.
Case #11- Target
Store. The applicant is requesting a
waiver from providing vertical accessibility to existing 3,372 sq. ft.
mezzanine. The Council unanimously
recommended deferral for the applicant to provide additional information to
include, but not be limited to, more detail cost breakdown and floor plans
verifying hardship and layout of uses.
Case #13 Towncenter 12. The
applicant is requesting a waiver from providing vertical accessibility to all
rows of seats in a new $4,000,000 12 screen movie theater complex. The Council
unanimously recommended deferral for the applicant to provide additional
information to include, but not be limited to, new drawings detailing
individual theater seating in plan view and plans indicating sight lines.
The following case was
recommended for denial:
Case #1 Harvest Village Unit 62. The applicant is requesting a waiver from
providing vertical accessibility to the second floor of a new 4,200 sq. ft.
office building. This case was deferred
at the last Council and Commission meeting.
The Council unanimously recommended denial based on lack of hardship.
Chiquita Animal Hospital. This case
was heard at the last Council and Commission meeting. It was approved based on the provisions related
to 5 or less persons and not open to the public. Since then, DCA staff heard from the local
building official stating that it was their understanding that the floor would
be for more persons. The building
officials recommendation form was omitted from the package. Based on these facts the Council unanimously
recommended a motion to reconsider action previously taken and schedule this
case to be reheard at the next Council meeting.