Application for Waiver for Sanctuary 7 Pilates

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Application for Waiver forSanctuary 7 Pilates

• 1700 S.W. 3rd Avenue
• Miami, Florida

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Waiver being sought

• We are seeking a waiver from the requirement to
  provide vertical accessibility to two of three
  levels in a spinning class room as would be
  otherwise required by 553.509, Fla. Stat. and
  11-4.1.6(1)(f), FBC (2007).

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Florida Statute

• Fla. Stat. 553.512 provides the Florida Building
  Commission shall provide by regulation criteria
  for granting individual modifications of, or
  exceptions from, the literal requirements of this
  part upon a determination of unnecessary,
  unreasonable, or extreme hardship

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• 553.502  Intent.--The purpose and intent of this
  part is to incorporate into the law of this state
  the accessibility requirements of the Americans
  with Disabilities Act of 1990, as amended, 42
  U.S.C. ss. 12101 et seq., and to obtain and
  maintain United States Department of Justice
  certification of the Florida Accessibility Code
  for Building Construction as equivalent to
  federal standards for accessibility of buildings,
  structures, and facilities....
• This part is not intended to expand or diminish
  the defenses available to a place of public
  accommodation or a commercial facility under the
  Americans with Disabilities Act and the
  standards, including, but not limited to, the
  readily achievable standard, and the standards
  applicable to alterations to private buildings or
  facilities as defined by the standards.

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The Project

• The project consists of a small fitness center
  (approximately 5200 square feet) that
  predominantly provides Pilates classes but also
  has a spinning class room and areas for other
  exercise activities.
• The project is the rebuilding of certain interior
  areas after a motorcycle drove through the front
  door and exploded.

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The Project

• There are other rooms/ areas in the building with
  level changes but these areas have the required
  accessibility. The project will also provide any
  other required accessible features such as
  accessible bathrooms.
• The spinning room that is the subject of this
  request has 3 levels. With no vertical
  accessibility provided for it can fit
  approximately 26 stations.
• Providing vertical accessibility to one level
  will cause the elimination of 3 to 6 stations and
  is already provided for in the project plans.

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RELIEF SOUGHT

• WAIVER REQUEST Waive the Florida requirement
  to provide vertical accessibility to all levels
  of the spinning class room provided vertical
  accessibility is provided to at least one level
  of the room.

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RELIEF SOUGHT

• WAIVER HARDSHIP BASIS
• PROVIDING VERTICAL ACCESSIBILITY TO 2 ADDITIONAL
  LEVELS OF THE SPINNING CLASS ROOM WILL CAUSE THE
  LOSS OF AN ADDITIONAL 6 SPINNING POSITIONS (OVER
  25) MAKING ONE OF THE TWO SIGNIFICANT REVENUE
  SOURCES FOR THIS SMALL BUSINESS FINANCIALLY
  INFEASIBLE. (This is in addition to the one time
  significant costs to provide the mechanical
  vertical accessibility).
• SIGNIFICANT FINANCIAL COSTS WILL BE INCURRED BY
  THE OWNER IF THE WAIVER IS DENIED

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RELIEF SOUGHT

• Although not Florida law, the US Supreme Court
  has held that in the Title III ADA context,
  hardship can extend to considerations beyond cost
  of construction and take into account the impact
  upon the operation of the facility.
• (See Spector v. Norwegian Cruise Line, Ltd., 545
  US 119, 135 (2005).

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Relief Sought

• Because vertical accessibility is being provided
  to one of the three levels in the spinning class
  room, and to provide vertical accessibility to
  the other two levels would result in the loss of
  more than 25 of the spinning positions in the
  room, the Applicant respectfully requests that a
  waiver be granted.