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Variance Details |
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Code Name: |
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2014 IBC 1103.1 ANSI A117.1-2009 Sec 405 |
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1103.1, 405 |
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Conditions: |
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An alteration was made to an existing stage at the restaurant. This enlarged the stage area. The stage is approximately 30-inches off the main floor. A small ramp was provided to wheel equipment up to the stage. There is no ADA accessible ramp accessing the stage. An area was provided for any acts/groups that would need to perform, or they can utilize ramp provided with help in order to access the stage. An IDHS CDR was issued and local building permit issued before construction began and was constructed according to approved plans. The local building inspector has now come out and issued a violation order/fine.
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DEMONSTRATION THAT PUBLIC HEALTH, SAFETY, AND WELFARE ARE PROTECTED: |
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1=Non-compliance with the rule will not be adverse to the public health, safety or w |
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2 |
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2= Applicant will undertake alternative actions in lieu of compliance with the rule to ensure that granting of the variance will not be adverse to public health, safety, or welfare. Explain why alternative actions would be adequate (be specific).
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Facts: |
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There are two options for the current stage layout. There is a ramp to the stage in order to roll equipment up to the stage. This ramp does not meet specific ADA accessibility requirements as it needs to be a short ramp due to the proximity of tables and chairs for patrons. Should they have an act or performer that is handicapped and needs accessibility, they can help that person(s) up the ramp. Additionally, they have allocated an area where they can have the person/act perform on the same level as the dining area which does not need a ramp (see the attached document). They will then move chairs/tables to the stage if necessary in order to allocate that space.
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DEMONSTRATION OF UNDUE HARDSHIP OR HISTORICALLY SIGNIFICANT STRUCTURE: |
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Imposition of the rule would result in an undue hardship (unusual difficulty) because of physical limitations of the construction site or its utility services.
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Imposition of the rule would result in an undue hardship (unusual difficulty) because of major operational problems in the use of the building or structure.
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Y |
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Y |
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Imposition of the rule would result in an undue hardship (unusual difficulty) because of excessive costs of additional or altered construction elements.
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Imposition of the rule would prevent the preservation of an architecturally or a historically significant part of the building or structure
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Facts: |
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If a ramp was required to be installed, the amount of area that takes up the dining space (well over 150sf), would eliminate dining area that would impact the revenue of the facility that is required to generate in order to stay in business. A further review for a lift was performed which would cost over $45,000 in order to provide the lift, installation, demolition, locate and run power, as well as downtime for the overall restaurant area. The owners are aware this variance, if granted, does not absolve them of federal DOJ requirements.
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