ACCESSIBILITY
ADVISORY COUNCIL
The applicant requested a waiver from providing vertical accessibility to the upper levels of a tree house structure with two elevated observation levels. The structure is located in a private, members only club which includes a lodge, various types of shooting sports, helipad, recreational field, toy barn, nature trails, horse stables, dog kennels, aviary and volleyball and bocce courts. The cost to construct the tree house is $36,000. The applicant is not claiming disproportionate cost; however, the club maintains the law was never intended to include an auxiliary feature of this limited nature in a rustic environment.
Action: Review of the application was deferred at the request of the applicant.
The applicant requested a waiver from providing vertical accessibility to guest rooms on the second floor of a historic bed and breakfast. No construction work is being done; however, the applicant was referred to the Commission prior to receiving a new occupational license. The door widths do not comply and according to the local building official, they cannot be changed without major structural modifications. Note: No plans were submitted, nor is there documentation of the historic nature of the building.
Action: The Council recommended the application be dismissed for lack of jurisdiction.
The applicant requested a waiver from providing vertical accessibility to a 502 square foot sunken dining area and a 707 square foot elevated dining area in a restaurant that also has 936 square feet of accessible dining at grade. The restaurant is undergoing a $63,289 renovation and according to the applicant, it is both technically infeasible and disproportionately expensive to make all levels of the restaurant accessible. To access the raised and lower levels by ramp would reduce the number of seats available, jeopardizing the restaurant’s liquor license. Estimates of $31,629 and $40,365 to install lifts were submitted.
Action: The Council recommended denial for lack of sufficient information.
The applicant is requesting a waiver from providing vertical accessibility to all rows of seats in an auditorium with a seating capacity of 500. The floors are sloped 1:12 and eight wheelchair accessible seating locations have been provided. These locations are located on the front and back rows of the auditorium and appropriate companion seats are available; however, the front row locations are on the ends of the rows The teaching auditorium has 134 seats with four wheelchair locations on the first row. Five seats are required by code. Project cost is estimated to be $6,800,000; however, cost to provide vertical accessibility is not the issue, but rather technical infeasibility.
Action: The Council recommended the waiver be granted, based on technical infeasibility.
The applicant requested a waiver from providing vertical accessibility to seating in campus locations.
The overall project will cost $49,846,604. No estimates were provided to supply vertical access to all levels; however, the applicant did not indicate cost was a factor, rather technical infeasibility.
Action: The Council recommended the waiver be granted, provided the applicant submits additional drawings reflecting required companion seats at the football stadium; an additional accessible seating location at the baseball field; and, required companion seats in the gymnasium.
The applicant requested a waiver from providing vertical accessibility to a new, 200 seat auditorium in a joint partnership facility owned by the City of Miami Police Department and the Miami-Dade School Board. It is a combined police training academy and a 468 student magnet school. Seating in the auditorium is provided at the front and law rows; however, the accessible seats on the top row are located on the ends. The overall project will cost $35,400,000 and no cost estimates were submitted with respect to making the auditorium fully accessible.
Action: The Council recommended the waiver be granted, based on technical infeasibility.
The applicant requested a waiver from providing vertical accessibility to all rows of seats and the upper level parterres in a $33,371,691 alteration. The auditorium previously had one accessible entrance that was at the side of the building rather than in conjunction with the main entrance accessed by a monumental staircase. Accessibility features in the project included six accessible entrances; a drop off area at a major entry; three additional elevators and renovation of the existing Westcott (contiguous office building next to the auditorium); connector providing additional access to he stage, orchestra level, main lobby and north annex; accessible dressing rooms and green room; access to stage from the front of the house and back of house; and an accessible orchestra pit and pit lift. There are 1,280 seats in the facility, requiring 16 wheelchair locations; however, 26 seats as well as seats in the lower parterres and orchestra pit lift. There are a total of 9 seating areas in the facility. The total project cost included not only the auditorium renovation, but also extensive alterations to the Westcott building and construction of a new annex. The base cost for Ruby Diamond only is $10,474,216. A breakdown of expenditures for accessibility features for the auditorium indicates the applicant spent $4,003.834 to make the facility more accessible.
Action: The Council recommended the waiver be granted, as it was determined unnecessary to provide full vertical accessibility.
The applicant requested a waiver from providing vertical accessibility to all rows of seats in two new classrooms with 120 and 144 seats respectively. The front portion of the classroom, as well as the first level, are accessible. The students’ work tables are fixed, but all seats are movable, so a wheelchair user could be accommodated anywhere in these areas. No estimates were submitted for the cost to provide vertical accessibility to all rows, since the applicant’s position is that an unreasonable amount of floor space would be necessary, which would detract from the number of potential students served.
Action: The Council recommended the waiver be granted, based on technical infeasibility.
The applicant requested a waiver from providing vertical accessibility to all rows of seats in a stadium for viewing baseball and softball games. The project will cost $8-9 million, including the stadium, concourse and press level. There will be l,500 seats available for baseball and 700 for softball games. Wheelchair and companion seats are located on the first level nearest the playing fields; however, it does not appear that enough required seating locations have been provided. No estimates of the cost to provide vertical accessibility were submitted as the applicant deems it structurally impracticable to make all levels accessible, rather than a function of cost.
Action: The Council recommended the waiver be granted, as it was determined unnecessary.
The applicant requested a waiver from providing vertical accessibility to the existing second floor and new third floor addition of a $356.635 life guard station. The first floor is used for storage of equipment used in lifesaving operations; the second has locker rooms and shower facilities for the life guards; and, the third will serve as a lookout area. According to the applicant, this is not open to the public and should not be considered a place of public accommodation. It is estimated that a lift would cost $17,000 and would be subject to constant maintenance due to its location in a harsh, saltwater environment.
Action: The Council recommended the waiver be denied, and the Final Order will stipulate that toilet facilities on the second floor must be accessible.
11. Ivy Hill
Academy
The applicant requested a waiver from providing vertical accessibility between the first and second floors of a residential structure being converted to a day care center. Because of terrain, the building’s main entrance can be accessed at grade in the front and the second level is accessible at the rear of the building. The project will cost $76.,475 and estimates of $35,500 and $59,975 were submitted to substantiate the applicant’s statement that it would be disproportionate to the overall cost of the project to provide an elevator.
Action: The Council recommended the waiver be granted as being unnecessary.
The applicant requested a waiver from providing an accessible route into the hotel from one of two existing entrances to the building. The building is undergoing an approximate $665,400 alteration, which cannot impair the façade, which is considered historic. The main entry (Ocean Drive) is four steps about the adjacent sidewalk, which are comprised of terrazzo, considered a historic building material in the Art Deco district. There is insufficient space at the 9th Street entrance to make modifications to render it accessible. It would be possible to modify this entrance by modifying the structural aspects of the building, losing four existing windows which would alter the Art Deco façade, losing two guest rooms and reducing rentable space in the adjacent market. The applicant proposes to provide an accessible ramp at the existing service entrance and add walls and other architectural and security features at the alternate location.
Action: The Council recommended the waiver be granted, contingent on the applicant submitting documentation of the historic nature of the building.
The applicant requested a waiver from providing vertical accessibility to a 450 square foot mezzanine in an 8,500 square foot facility. According to the applicant, it is not feasible to provide a lift to the area due to the hazards involved in operating a device in a low light, area with fog, loud noises and flashing lights. The applicant stated it would be hazardous to a wheelchair user as well as other players who must quickly dodge obstacles. Installation of a compliant ramp would require more than one third the available floor space and limit the game action. The applicant submitted statistics that it is not financially viable to offer a single level laser tag game because players seek out facilities with the most diverse playing areas and structural challenges.
Action: The Council recommended the waiver be granted, based on extreme hardship.
The applicant requested a waiver from providing vertical accessibility to all rows of seats in a new, $6,132,000 12-screen movie theater complex. The auditoriums will accommodate from 134 to 400 patrons each. The appropriate number of wheelchair seating locations and companion seats have been provided. In the small to midsize theaters, seating is located on the first level of stadium seating, while it is provided in two areas of the largest theater. Using the Means estimating process, the design professional has calculated that it would cost an additional $2,970,800 to make all rows of seats accessible.
Action: The Council recommended the waiver be granted, based on technical infeasibility.
The applicant requested a waiver from providing vertical accessibility to all rows of seats in two 300 seat lecture halls with tiered seating and a 60 seat tiered classroom with fixed tables. The lecture halls have provided 6 wheelchair locations with companion seats at the bottom, center and top of the halls. In the classroom, four accessible locations are at the front in separate locations. The project is a new, multi-discipline science facility that has six levels of research laboratories, classrooms, administrative offices, faculty office and support services. The remaining two floors house mechanical penthouse and equipment with one floor vacant to permit future research expansion. The overall project will cost $63,844,846.
Action: The Council recommended the waiver be granted, as it was determined unnecessary to make all levels accessible.
The applicant requested a waiver from providing an accessible high/low water cooler for its staff and clients. According to the applicant, piping to the cooler would open a sound penetrating pathway into the walls of the recording studio. The applicant feels the additional sound generated by the cooling equipment is not acceptable. The applicant also objects to the treated water supplied by the city. NOTE: Section 11-4-1.3(10) allows accessibility to be provided by the high/low fountain; by two standard drinking fountains mounted to accommodate wheelchair users and those having difficulty bending; or by an accessible water fountain and a cooler.
Action: The Council recommended the waiver be denied for lack of jurisdiction.
The applicant requested a waiver from modifying the interior of an existing elevator in an apartment house that is undergoing a change of use to function as a hotel. No alteration work is being done, and only a new occupational license is required for the conversion. To meet the current size requirements, it would be necessary to demolish the shaft and equipment and rebuild. However, the local planning department will not permit such a change since the building is considered historic.
Action: The Council recommended the waiver be granted, based on technical infeasibility and the building is historic.