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:






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:
THERE ARE SEVEN TOTAL COTTAGES BEING REBUILT. Proposed sf for each: 668, 705, 714, 702, 832, 816, 1279. They are separate, independently owned, residential nonconforming structures/uses subject to the condominium form of governance. Applicant is rebuilding all 7. The cottages were destroyed by Hurricane Ian and are being rebuilt under the City's post-disaster build-back regulations. Each cottage consists of a single accessible floor (elevated only to comply with flood elevation requirements).


Construction Cost:



6. Project Construction Cost (Provide cost for new construction, the addition, or the alteration):
Summary:
Estimated budget for entire post-disaster rebuild cost, including reconstruction of the seven cottages, is $2,200,000. This figure represents the total development area of 14,047 sf, consisting of the units, driveway, lift station, shed, amenities, etc. When broken down by unit/sf, rough estimates based on impermeable sf totals are:

Unit #1 (668 sf) = $104,629

Unit #2 (705 sf) = $110,403

Unit #3 (714 sf) = $111,812

Unit #4 (702 sf) = $109,932

Unit #5 (832 sf) = $130,291

Unit #6 (816 sf) = $127,746

Unit #7 (1,279 sf) = $200,051

These figures are pending clarification from the contractor to reflect solely the building costs for each unit.


Construction Cost upload:


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


Cost of Construction:

Comments:
 Only partial site work conducted, but no construction. Site Work Permit No. 2024-016833.


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.
As early as 10/15/22, applicant has communicated with the City of Sanibel to facilitate a Code-compliant rebuild after Hurricane Ian. But redevelopment of the Dugger’s Property has been delayed due to miscommunication between the City and the applicant. Site Work Permit No. 2024-016833 was issued in 12/24, with corresponding building plans preliminarily green-lit after City input; but completion of the permitted work was improperly hindered by staff/miscommunication. Then, Building Official informed applicant of the vertical accessibility requirements in 2/25; which required both (a) site plan and (b) building plan adjustments that were not anticipated by applicant. At this time, City staff recommended that applicant request a waiver of the vertical accessibility requirement.


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 waiver of vertical accessibility requirements of Section 553.509, Florida Statutes, pursuant to Section 553.512, Florida Statutes.

Specifically, the requirement that each individual cottage/unit requires an elevator (unless a waiver is successfully obtained). Application of this Section imposes unnecessary/extreme hardship based on disproportionate costs, infeasibility and inappropriateness of elevators in the instant case.

Note: City Building Official is requiring commercial elevators pursuant to FBC 407.1 (and ASME A17.1). While residential elevators already present hardship/financial burden, commercial elevators such as these are not feasible based on the width, depth, and height of each individual cottage footprint.



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:**


Enforcement of the Code would require that single-room residential cottages install commercial-grade elevators, solely due to the zoning district in which they are located. Hardship is demonstrated by: Small cottage size; limited lot space; residential use/nature/design of each cottage; individual ownership (e.g., not a conventional hotel/motel); single-story design with one accessible "floor," elevated solely for floodplain regulation compliance only; reduced occupancy in comparison to typical resort-housing; infeasibility due to lot/building size for each cottage; hardship related to ongoing costs of change orders, installation, maintenance, etc. associated with elevators.



The cost of installing/maintaining an elevator in each unit is disproportionately high compared to the total scope of the project and cost per sf of each cottage. Moreover, the cost to alter existing design, site work, and building plans to accommodate elevators is substantial. (Since applicant lacked sufficient notice of these requirements during the initial planning process with City staff, retroactively accommodating them poses its own hardship.)

Cost estimates/quotes for residential elevators are attached. (Gulfside Elevator: $206,500.00 total cost for all seven; $29,500.00/cottage.) Quotes for commercial-grade elevators were harder to obtain, as vendors were unwilling to suggest that they were suitable for the cottages.


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.


Professional Comments


Comments:
The attached job set proposal reflects the project without the required elevator. Contractor contact: P.J. Johnston (pjjohnston@restore-one.com).

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.