Presentation on theme: "GREENBERG TRAURIG, LLP | ATTORNEYS AT LAW | WWW.GTLAW.COM Application for Waiver for Sanctuary 7 Pilates 1700 S.W. 3 rd Avenue Miami, Florida."— Presentation transcript:
GREENBERG TRAURIG, LLP | ATTORNEYS AT LAW | WWW.GTLAW.COM Application for Waiver for Sanctuary 7 Pilates 1700 S.W. 3 rd Avenue Miami, Florida
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).
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…
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.
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.
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.
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.
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
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).
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.