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Status: Decision Rendered - Reconsideration of ID 9788, item 2a
Appeal ID: 10399 Project Address: NW Naito between 16th and 18th Aves
Hearing Date: 1/15/14 Appellant Name: Charles Kidwell
Case No.: B-004 Appellant Phone: 503-228-2840
Appeal Type: Building Plans Examiner/Inspector: Nauman Quraishi
Project Type: commercial Stories: 5 Occupancy: S-3, R-2 Construction Type: Type I-A, III-B
Building/Business Name: Fire Sprinklers: Yes - Location not given
Appeal Involves: Erection of a new structure LUR or Permit Application No.: 13-151461-CO
Plan Submitted Option: pdf   [File 1] Proposed use: Multi-family, mixed-use


Appeal item 1

Code Section

OSSC 503 General Building Height and Area Limitations


Building Code Appea//0#9788 -Item #2a (date: 5/8/13) was denied. This submittal of that item for reconsideration of the issue has more information and definition as shown of the attached additional drawings.

The building height and area shall not exceed the limits specified in Table 503 based on the type of construction as determined by Section 602 and the occupancies as determined by Section 302.
The maximum number of stories allowed for Type 3 construction and R-2 occupancy is 5 stories when equipped throughout with an approved automatic sprinkler system in accordance with Section 903.3.1.1.

Code Modification or Alternate Requested
Proposed Design

This appeal item only applies to the building on Lot 10.
Per 509.2 the building is 5 stories of Type 3B construction over a Type 1A Basement Parking Garage.
The proposed building design approved through 'Design Review' includes a small Roof 'Observation' Deck on the Lot 10 building which is considered an unenclosed outdoor space. The materials for the entire deck area are non-combustible. This was previously approved as Building Code Appeall0#9788 - Item #2b (date: 5/8/13)

Item 2a (Reconsideration) There will be an open trellis overhead structure above the deck which will not constitute a roof. The open lattice material is 1"x3" steel tubes spaced at approximately 2'-0" OC. There is no roof covering.
There will not be any roofing material or covering over this OPEN FRAME trellis area. It will be open to the sky and on all sides to permit unrestricted ventilation.
All of the materials used for construction of the overhead trellis structure will be non-combustible. See attached drawings A4.1 ROOF; A5.14 TRELLIS SECTIONS; & A10.92 TRELLIS DETAILS.
Note: The entire building will be equipped with an approved automatic sprinkler system per 903.3.1.1.

Reason for alternative

The Roof 'Observation' Deck is not a habitable space per OSSC 202 (i.e. It does not include any space for living, sleeping, cooking. Bathrooms, toilet rooms, closets, halls, storage or utility spaces). It is only accessible f rom the dwelling unit floors and not open to the public. It is not for general use by the public or rented out to the public. The roof deck will only be used by the residents of the building and their guests.
The proposed OPEN FRAME trellis structure above the deck will not constitute a roof and the 'Observation' Deck has open sides. There is no covering over the deck. There is nothing that can trap smoke on the roof deck.


Roof deck with cover located above the 4th story of the Type IIIB portion of the building: Granted provided trellis remains open and uncovered and the maximum deck size is less than 750 sq. ft. A furniture layout must be provided as part of the permit plan review, and maximum occupant load signage shall be mounted at the deck. This approval excludes the use of the deck for BBQ or other open flame.

The Administrative Appeal Board finds that the information submitted by the appellant demonstrates that the approved modifications or alternate methods are consistent with the intent of the code; do not lessen health, safety, accessibility, life, fire safety or structural requirements; and that special conditions unique to this project make strict application of those code sections impractical.