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Board approves setback variance for ADA ramp at 1621 South Lake Park Boulevard

Board of Adjustment · March 3, 2025
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Summary

The Board of Adjustment granted a variance to allow an ADA-compliant ramp and railing to encroach into the 10-foot front-yard setback at 1621 South Lake Park Boulevard, with a condition that the encroachment be eliminated if the building is rebuilt or redeveloped.

The Board of Adjustment on March 3 approved a variance allowing an ADA-compliant ramp and railing to encroach into the 10-foot front-yard setback at 1621 South Lake Park Boulevard, subject to a condition tying the encroachment to the existing structure.

Staff explained the property is in an MF zoning district where the minimum front setback is 10 feet. The proposed ramp, required to meet ADA width and landing rules, would place the outside of the railing approximately 3 feet from the property line; staff noted a variance is required because the railing exceeds 30 inches in height.

Applicant attorney Alan Solana said the building, constructed in 1968, requires a level landing and a wider ramp to meet federal ADA standards; changing interior doors or substantially reconfiguring the structure would be intrusive. "This is the least intrusive way we can make a compliance so that...people with special needs can get into the building," Solana told the board, and he offered a condition that the encroachment be eliminated if the property is redeveloped.

Board members weighed the four statutory findings and agreed the request met them: they found a hardship because the existing building layout prevents a compliant interior solution; that the condition is peculiar to the property; that the hardship did not result from applicant actions; and that the variance aligns with the ordinance's purpose to secure public safety and access. The board approved the variance with the condition that any future reconstruction or raising of the building would require the ramp encroachment to be removed.

The board recorded the approval and noted staff would reflect the condition in the variance documentation.