HomeMy WebLinkAbout1986-03-18; City Council; 8544; 2815 Roosevelt ST - Unreasonable hardship. -*>. . . -
SB#Jm.
MTG. 3-1f-86
DEPT. BLD
TITLE
CITY Am.- UNREASONABLE HARDSHIP, 2815 ROOSEVELT STREET
CITY MGR.Z
RECOMMENDED ACTION:
We ask the City Council to approve the decision of the Building Official as
expressed on the attached DOCUMENTATION OF UNREASONABLE HARDSHIP which is Exhibit 1.
ITEM EXPLANATION:
Peter Norby, Danish Bakery, is proposing to expand the use of his bakery to an
adjoining suite and establish a tea room where h.is products will be served.
is a small existing bathroom accessible to employees only. The Building Official
has determined that it would constitute an unreasonable hardship to require the bathroom be made accessible to the handicapped. The Disabled Access Regulations
require this decision be ratified by the Appeals Board which is the City Council. stipulated by Ordinance 8100.
There
The Building Official proposes to grant an unreasonable hardship because the bathroom
exists, is used only by employees and would cost one third of the total cost of
the improvements.
/' FISCAL IMPACT
The cost, of creating access and providing a bathroom for the handicapped would be $5000.
EXHI BITS :
1. Documentation of Unreasonable Hardship
2. Definition of Unreasonable Hardship 3. Excerpt from regulations concerning Unreasonable Hardship
DOCUMENTATION OF UNREASONABLE HARDSHIP .
86-30 Plan File No. Job Address 2815 Roosevelt St
2/18/86 Owner Peter No r by Date
It is requested that the above named project be granted an exception from the requirements of
the State of California Title 24 accessibility, as specifically noted below:
1.
2.
3.
4.
5.
6.
EXCEPTIONS REQUESTED ESTIMATED COST OF ITEMS TO BE EXCEPTED
Handicap Bath in existing building $ 5000
~~
$10,000 The cost of all construction without excepted items, is The imDact on financial feasibility of the Project. if the reque .. - sted exception is not approved is Th6 project would not be biilt. .
The facility is used by the general public for the purpose of used by employees Only.
The exceptions being requested will not penaIize han ica facilities are available as follows: N/A LESS THAN $62,%0 ed accessibility as equivalent
PETER NORBY Exceptions requested, and data provided, by:
Peter Nor by
NAME
2451 Buena Vista Circle Carl sbad, Calif
A
729 2446
TELEPHONE
Department Use Only
Findings and Decision of the Enforcing Official:
The cost of providing a handicap bathroom is one-third of the total cost of construction.
The tea room cannot be created if this is required. The bathroom is accessible only
-~ ~
tn PmnbvPPs. ., Thprp are thrw -1nvwq on each shift in the bakerv.
2/18/86 - Signature of Enforcing Offihal Date
EXHIBITS 2 and 3
EXCERPTS FROM TITLE 24, DISABLED ACCESS REGULATIONS
1.
of the regulations.
of compliance unless the word "cost" includes opportunity costs.
Equivalent facilitation is the most common exception to the specifications As noted above, hardship is based on the monetary burden
2. No facilitation required if the following conditions are met.
a) Legal or physical constraints cause unreasonable hardship to providing and facilitation.
b) The decision of the building official is ratified at a hearing in the appeals process.
(c) Unreasonable Hardship: An unreasonable hardship exists when the enforcing agency finds that compliance with the building standard would make the specific work of the project affected by the building standard unfeasible, based upon an overall evaluation of the following factors:
1. The cost of providing access.
2. The cost of all construction contemplated.
3. The impact of proposed improvements on financial feasi Si1 i ty of the project.
4. The nature of the accessibility which would be gained or 10s t.
5. The nature of the bse of the facility under construction and its availability to handicapped persons.
The details of any finding of unreasonable hardship slall be recorded and entered in the files of the enforcing agency.
W
S~C. 2-424.
(a) Walk, Walk is a surfaced pedestrian way not located contiguous to a street used by tne public.
(b) Wheelchair, Wheelchair is a chair mounted on wheels to be propelled by its occupant manually or with the aid of electric power, of a size and configuration conforming to the recognized
j tandard model s of the trade. (c) Wheelchair Occupant or Wheelchair User. \!heelchair occupant or wheelchair user is an individual who, due to a physical ivpairment or disability, utilizes a wheelchair for mobility.
(See definition for "Sidewalk".)
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