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:

The property consists of a 8000 sq. foot historic building composed of retail, office and a small outdoor patio space used as seating for a beer and wine garden, no food is served. The interior of the building was renovated in 2014 and granted an vertical accessibility waiver under VW-2014-208. The property also has a small second floor deck which the applicant seeks to enlarge for additional seating.
Need Additional Space



Construction Cost:



6. Project Construction Cost (Provide cost for new construction, the addition, or the alteration):


Summary:

Applicant seeks to enlarge/construct an upper deck for additional seating for the beer and wine garden. The total cost to construct the second floor deck is $44,817.00 not including permitting fees.


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


Cost of Construction:

Comments:
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 local building official has informed us that because of the second floor deck expansion, we need to provide vertical accessibility by means of an exterior elevator, lift or a vertical accessibility waiver. The Fernandina Beach building official will not accept the construction plans without an accessibility exemption or compliance with the Florida Accessibility Code.



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 seeks to expand an existing second floor deck for additional seating of the beer and wine garden. Accessibility to the second floor deck is required by the Florida Accessibility Code for building construction, Florida Statute 553.509. The Code also allows for waivers to be granted for various reasons including "unnecessary, unreasonable or extreme hardship", Florida Statute 553.512(1). Applicant seeks a waiver from vertical accessibility to the exterior second story deck based on an unreasonable hardship. The cost for code-required accessibility upgrades exceed the 20% disproportionate cost criteria and places a serious financial burden on the applicant.


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:**


Need Additional Space


The total cost of construction of the second story deck is $50,992.00 not including permitting fees or an accessibility lift. We have attached 2 quotes for the lifts. The Assisted Lifting lift has a total cost of $17,686.00 and The Universal Accessibility is $14,250.00. The total construction cost with the Assisted Living lift is $68,678, and tThe total construction cost with the Universal Accessibility lift is $65,242. The costs do not include labor for lift installation. The applicant can not afford the additional cost of a lift to achieve 2nd story accessibility.
The second floor deck will solely be additional seating. Everything offered to customers on the second floor will be available on the downstairs patio - nothing unique will be available on the second floor deck.

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: 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 and anything that will assist the Council and the Commission to determine the appropriate resolution of your request.