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<br />thing in the Act shall relieve the Owner of the duty to provide <br />vertical accessibility to persons with mobility impairments. <br />5. According to the OWner, the literal application of these <br />requirements to its project would constitute an unusual or extreme <br />hardship because the mezzanine will be used for the storage of in- <br />active files, no customers or other members of the public will be <br />allowed to use it, and the only employees in the facility will also <br />have to handle heavy materials in the performance of their duties, <br />so that the cost to make the mezzanine accessible to persons with <br />mobility impairments will be unreasonable in relation to any fore- <br />seeable benefit. <br />6. Based on its consideration of the foregoing information, <br />the description of the construction, the representations by the <br />Owner, and the applicable legal requirements, the Council has re- <br />commended that the Application for Waiver be approved.. <br />Having considered the foregoing information, together with the <br />recommendation of the Council, the Board hereby agrees with that <br />recommendation, and concludes that unusual circumstances or extreme <br />hardship have been proved, and that the Application for Waiver be, <br />and hereby is, GRANTED. This Final Order is intended for the en- <br />forcement of the Florida Americans With Disabilities Accessibility <br />Implementation Act, ~ 553.501 et seq., Fla. Stat. (1993), and other <br />than as modified by this Final Order, any construction or postcon- <br />struction activities which deviate from the requirements of that <br />Act will be deemed to be a violation of this Final Order. Nothing <br />2 <br /> <br /># <br />