ACCESSIBILITY ADVISORY COUNCIL

October 2, 2007

The Council reviewed the following applications for waivers and made these recommendations:

#1 Charlotte County Cultural Center : Withdrawn at the request of the applicant.

Recommended for approval with conditions imposed:

#2 College of Business Office Depot Center , FAU : The applicant requested a waiver from providing vertical accessibility to all rows of seats in a new, $4,143,319 addition to an existing four story building. The area in question is a classroom with four tiers of seats, the first and fourth of which are accessible by ramp. The Council recommended approval, provided assistive listening devices are available and the fourth tier has movable, rather than fixed seats.

#3 Chiquita Animal Hospital : The request was for a 2,800 square foot second floor addition to an existing veterinary facility. The applicant attested that all services, treatment and surgery and staff offices are duplicated on the accessible first floor because it is technically infeasible and disproportionate to the cost of construction. The Council recommended approval provided the applicant submits an affidavit stating there will be five or fewer employees working on the second floor.

#4 Mondrian Condo Hotel: The applicant requested a waiver from providing vertical accessibility to the front entrance of a high rise apartment building being converted to a condo hotel. The applicant attested that because of the site, existing driveways, location of the building on the site and the nature of supporting structure, it is technically infeasible to construct a ramp. Furthermore, local site use regulations prohibit the construction of a tower housing either an elevator or LULA. The Council recommended approval provided signage is posted with parking policies for the facility.

#6 New World Symphony : The applicant requested a waiver from providing vertical accessibility to all rows of seats in a new, natural acoustic performing room in the performing hall of a symphonic education center. The building has been designed to allow flexibility of seating for patrons as well as performers. The requirements for accessible seating have been exceeded and the Council recommended approval provided assistive listening devices of a type designed to maximize the ability to hear music are available.

Recommended for Deferral:

#5 Harvest Village Unit 2 : The applicant requested a waiver from providing vertical accessibility to the second floor of a new office building. Insufficient information was submitted to make a determination and the Council recommended deferring its review to allow the applicant additional time to complete the application.

Recommended for Denial:

#6 Flagler County Fairgrounds Arena Ticket Building : The applicant requested a waiver from providing vertical accessibility to the second and third levels of a structure that houses an office and ticket booth on the first floor, storage on the second and a 240 square foot announcer's booth on the third. This building is subject to Title II of the ADA and not eligible for relief from the elevator requirements.