ACCESSIBILITY ADVISORY COUNCIL

MAY 5, 2008

The Council convened at 9:04 a.m. with all 7 members present.

Consent Agenda:

Case #1 – Chiquita Animal Hospital. Deferred at the request of the applicant.

Case #4 – South County Water Reclamation Facility. Deferred at the request of the applicant.

Case #2 – The Ranch Polo Pavilion. The Council unanimously recommended approval based on the provisions of F.S. 553.512 as unreasonable.

Case #5 – Congo River Golf. The Council unanimously recommended approval based on the provisions of F.S. 553.512 as unreasonable.

Case #6 – Rosarian Academy Gymnasium. The Council unanimously recommended approval based on the provisions of F.S. 553.512 as unreasonable due to technical infeasibility.

Case #7 – Vizcaya Village Phase II. This should have been approved by the local building official. 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 provisions of Chapter 11 of the FBC as Historic.

Case #10 – Victor Distributing Co. This should have been approved by the local building official. In as much as the applicant has requested this waiver at the request of the building official, by a vote of 6 to 1, the Council recommended approval based on the automatic exemption of five or less persons and not open to the public.

Case #11 – Pahokee High School Stadium. The Council unanimously recommended approval based on the provisions of F.S. 553.512 as unnecessary. The granting of this waiver of the Florida specific requirements does not relieve them from the provisions of Title II of the ADA.

Case #13 – Villages of Homestead. This should have been approved by the local building official. 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.

Case #15 – Middle School “EE.” The Council unanimously recommended approval based on the provisions of F.S. 553.512 as unnecessary. The granting of this waiver of the Florida specific requirements does not relieve them from the provisions of Title II of the ADA.

The Following Cases were approved with Conditions:

Case #3 – Cobb Theatre at Dolphin Mall. The applicant was previously granted a waiver for this five theater movie complex. During construction, theater 5 was reduced from 125 to 96 seats. The Council unanimously recommended approval of the change in theater five based on the provisions of F.S. 553.512 as unreasonable with the condition that plans are submitted to DCA staff to verify the line of sight is less than 33 degrees.

Case #8 – City of Weston Library Park. The applicant is requesting a waiver from providing vertical accessibility to all tiers of seating in two of three shelters in a passive park. The Council unanimously recommended approval based on the provisions of F.S. 553.512 as unreasonable with the condition that on the larger three tier seating shelter, they add an additional accessible seating location with its required companion seat. Plans must be sent to DCA staff to verify compliance. The granting of this waiver of the Florida specific requirements does not relieve them from the provisions of Title II of the ADA.

Case #12 – Bruce and Michelle Hazin. The applicant is requesting a waiver from providing vertical accessibility to the 1,110 sq. ft. second floor of a residential building being converted to a non-residential use. As the applicant is not sure of the future tenant and the owners want to proceed, the Council unanimously recommended approval with the condition that on the second floor, there will be no more than 5 persons and not open to the public. If the future tenant is unable to comply with this condition, then a new waiver must be requested. Also, plans need to be submitted to DCA staff to verify this condition and to ensure the second floor restroom will be accessible.

The following Case was deferred:

Case #9 – Jadam. The applicant is requesting a waiver from providing vertical accessibility to the second floor of a building being converted from an industrial use to a business use. The applicant was not in attendance. Even though, based on the application, this case appeared to meet the provisions of F.S. 553.512 related to disproportionate cost, the application did not include the building official form specifying construction activity and cost for the last three years. Without this information, the Council unanimously recommended deferring this case for the applicant to provide the building official statement and plans to verify all other accessible features.

Case #14 – Renovation of Fire Station #48. The applicant is requesting a waiver from providing an accessible toilet in the fire fighters living quarters. The applicant was not in attendance and the application did not specify whether this renovation was designed under the FBC or the Uniform Federal Accessibility Standard. As such, the Council unanimously recommended deferral for the applicant to provide this information.