Hearing Officer Reviews Kuder Estates Violations
July 28, 2016 at 4:25 p.m.
By Jennifer [email protected]
The issue was previously discussed during an August 16 hearing at city hall.
A hearing was held Monday afternoon at city hall for Clifford to review his findings of fact for the issue.[[In-content Ad]]
He reset a hearing to Dec. 20 at 1:30 p.m. at city hall to determine if the issue needs to be reviewed in court.
Letters were sent May 14 and July 1 from Warsaw Building and Planning Department to Warsaw Place Apartments requiring corrective steps to remedy code violations present at Kuder Estates Apartments.
There currently are exterior handicapped-accessible aisles in the center aisle of each apartment building, but not on each end of the building.
After researching federal guidelines, Building Commissioner Todd Slabaugh concluded that the apartment complex needs to designate two parking spots for each of the 36-unit buildings. They need to be located at the center of the building with pavement markings as well as signs for handicapped accessibility.
Slabaugh said the present action was initiated by Warsaw upon a complaint from a tenant of the apartment complex.
The tenant suffered a medical emergency while at her Kuder Estates apartment and had to be removed by ambulance. The ambulance crew had difficulty moving her out of her apartment and accessing the parking lot with their ambulance gurney.
The problem arose because there was no space to get between the parked cars into the ambulance.
Warsaw requested the apartment complex provide 60-inch wide access lanes in the parking lot required by law.
This would have allowed the gurney easy access into the parking lot without barrier or obstruction.
The access lanes are required, according to the city, outside each main front door to each apartment unit of each building. There are four main buildings in the complex, and a seperate, small building that serves as a leasing office.
Each of the four main buildings has three units, which are not passable internally from unit to unit.
Therefore, there are 12 front doors to the units, which require either a designated handicapped parking space or at least an access lance. The individual units must be accessible by an external sidewalk which is to lead into and provide full access to the parking lot.
The city's request does not require any additional handicapped parking spaces, but the designation of blue lined aisles.
Clifford said public accommodations under the American Disabilities Act are entities affecting commerce which are an inn, hotel, motel or other place of lodging. Clifford said an apartment complex and its parking lot is a public accommodation under state, federal and local law.
Mike Miner, attorney representing Warsaw Place Apartments, said he felt that apartments do not apply to ADA rules.
He said he wants the law interpreted to see if ADA rules apply to apartment complexes.
The issue was previously discussed during an August 16 hearing at city hall.
A hearing was held Monday afternoon at city hall for Clifford to review his findings of fact for the issue.[[In-content Ad]]
He reset a hearing to Dec. 20 at 1:30 p.m. at city hall to determine if the issue needs to be reviewed in court.
Letters were sent May 14 and July 1 from Warsaw Building and Planning Department to Warsaw Place Apartments requiring corrective steps to remedy code violations present at Kuder Estates Apartments.
There currently are exterior handicapped-accessible aisles in the center aisle of each apartment building, but not on each end of the building.
After researching federal guidelines, Building Commissioner Todd Slabaugh concluded that the apartment complex needs to designate two parking spots for each of the 36-unit buildings. They need to be located at the center of the building with pavement markings as well as signs for handicapped accessibility.
Slabaugh said the present action was initiated by Warsaw upon a complaint from a tenant of the apartment complex.
The tenant suffered a medical emergency while at her Kuder Estates apartment and had to be removed by ambulance. The ambulance crew had difficulty moving her out of her apartment and accessing the parking lot with their ambulance gurney.
The problem arose because there was no space to get between the parked cars into the ambulance.
Warsaw requested the apartment complex provide 60-inch wide access lanes in the parking lot required by law.
This would have allowed the gurney easy access into the parking lot without barrier or obstruction.
The access lanes are required, according to the city, outside each main front door to each apartment unit of each building. There are four main buildings in the complex, and a seperate, small building that serves as a leasing office.
Each of the four main buildings has three units, which are not passable internally from unit to unit.
Therefore, there are 12 front doors to the units, which require either a designated handicapped parking space or at least an access lance. The individual units must be accessible by an external sidewalk which is to lead into and provide full access to the parking lot.
The city's request does not require any additional handicapped parking spaces, but the designation of blue lined aisles.
Clifford said public accommodations under the American Disabilities Act are entities affecting commerce which are an inn, hotel, motel or other place of lodging. Clifford said an apartment complex and its parking lot is a public accommodation under state, federal and local law.
Mike Miner, attorney representing Warsaw Place Apartments, said he felt that apartments do not apply to ADA rules.
He said he wants the law interpreted to see if ADA rules apply to apartment complexes.
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