DeVINE WINE AND GRILL

 

Issue:  Vertical accessibility to an existing mezzanine in a restaurant.

 

Analysis:  The applicant is requesting a waiver from providing ve4rtical accessibility to a 448 square foot mezzanine in a one story restaurant with 3,031 square feet on grade.  The mezzanine is currently designated for use as storage, but will be converted to provide overflow seating if the waiver is approved.  All areas on the ground floor are accessible and contain dining areas., bar and wine area and toilet rooms.  According to the applicant, there is insufficient height in the existing tenant space to allow installation of an elevator without extensive modifications to the roof structure and slab on grade. An estimate of $24,317 for installation of a lift was submitted. 

 

Project Progress:

 

The project is in plan review.

 

Items to be Waived:

 

Vertical accessibility to an existing mezzanine as required by Section 553.509, Florida Statutes.

 

553.509: Vertical accessibility - Nothing in sections 553.501-553.513 or the guidelines shall be construed to relieve the owner of any building, structure or facility governed by those sections from the duty to provide vertical accessibility to all levels above and below the occupiable grade level, regardless of whether the guidelines require an elevator to be installed in such building, structure or facility, except for:

 

(1) Elevator pits, elevator penthouses, mechanical rooms, piping or equipment catwalks and automobile lubrication and maintenance pits and platforms;

(2) Unoccupiable spaces, such as rooms, enclosed spaces and storage spaces that are not designed for human occupancy, for public accommodations or for work areas; and

(3) Occupiable spaces and rooms that are not open to the public and that house no more than five persons, including, but not limited to equipment control rooms and projection booths.

 

Waiver Criteria:  There is no specific guidance for a waiver of this requirement in the code.  The Commission’s current rule, authorized in Section 553.512, Florida Statutes, provides criteria for granting waivers and allows consideration of unnecessary or extreme hardship to the applicant if the specific requirements were imposed.