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

Name:

Street:

City:

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:

Street:

City:



Zip code:

Phone:

Fax:

Email:

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:

Street:

City:



Zip code:

Phone:

Fax:

Email:



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.)






Description:
 Located at 38 S. Swinton Ave, the Cathcart House is a 1902 two-story, wood-frame French Colonial historic landmark featuring a shingle roof and signature wrap-around porches with decorative railings. Its wide hipped roof extends over second-floor galleries, a hallmark of its style. Recently, the Historic Preservation Board approved its rehabilitation into a restaurant as part of the Sundy Village project. It has a combined 1,143 square feet of interior space across the first and second floors.


Construction Cost:



6. Project Construction Cost (Provide cost for new construction, the addition, or the alteration):
Summary:
Total Cost for the interior alteration is around $477,374.53




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


Cost of Construction:

Comments:
Leased premise was delivered as a shell. Current interior alteration plan was submitted to City of Delray Beach under Permit Number BLDC-7616-2025. The plan is under review.



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 City of Delray Beach building department is requesting vertical accessibility to the 2nd floor of this historic building. (BLDC-7616-2025). However, it's technically and financially unfeasible. As per FBC Accessibility Section 202.5, full compliance with vertical accessibility requirements would threaten or destroy the historic significance of this qualified historic building. Furthermore, pursuant to FBC Accessibility Section 202.4 and 28 C.F.R. § 36.403(f)(1), the cost of providing such access is disproportionate as it exceeds 20% of the total alteration cost, constituting an 'unnecessary, unreasonable, or extreme hardship' under Florida Statute 553.512.



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


Applicant requests a waiver from the vertical accessibility requirements of Section 553.509, Florida Statutes, and Section 201.1.1 of the Florida Building Code, Accessibility, to provide access to the 2nd floor of this 1902 historic landmark. As detailed in the construction status, compliance is technically and financially infeasible and would fundamentally alter or destroy the historic integrity of the Cathcart House.


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.
NOTE:**



Attached engineer letter/analysis confirms an elevator is technically unfeasible. The required overrun would penetrate the historic roofline, compromising visual integrity. Subsurface excavation threatens the foundation, while restricted access precludes necessary shoring, risking structural instability. Furthermore, the footprint consumes 20% of the interior, rendering the space unviable. This installation would destroy the historic integrity of the crown jewel of the Old School Square Historic Districts.




The projected costs associated with providing an accessible path of travel to the second floor exceed the 20% disproportionate cost threshold outlined in FBC Accessibility Code Section 202.4.1. and imposes an undue financial burden on the Owner.

Quote for Elevator alone (attached): $117,926.13
Total Construction Cost (attached): 477,374.53
Ratio = 24.7%

If consider costs for structural modification including require cutting, raising, or reinforcing floors and ceilings, it could easily exceed 30%.




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.



Comments:
Please see above Grounds for Waiver and details in the attached letter/analysis.

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.