Appeal 13458

OSSC 3202.3.2

Where the vertical clearance above grade to projecting windows, balconies, architectural features or mechanical equipment is more than 8 feet, 1 inch of encroachment is permitted for each additional 1 inch of clearance above 8 feet, but the maximum encroachment shall be 4 feet.

The proposed design incorporates an encroachment along the entire length of the north façade over the public right-of-way of East Burnside Street beginning at the second floor and running to the top of the sixth floor. The encroachment sits 8’-0” beyond the property line at the second floor and tapers back to the property line at the parapet. At its lowest point the exterior soffit below the second floor slab is 10’-6” above grade and grows to 12’-6” at the northwest corner of the building. The finish floor height of the encroachment is 14’-0” above the finish grade at its lowest point. All floors above the second floor fall outside the scope of this code section per OSSC 3202.3.3.

Reference attached Exhibit 4: Wall Sections

Projected depths of 4’-0” are allowed at 12’-0” above the public right of way. The proposal indicates 8’-0” deep projections at a height of 10’-6” above the public right of way, which are similar to those existing within many of the historical arcade buildings along East Burnside Street. The projections that fall within this code section are to be constructed out of non-combustible materials. The existing arcades along East Burnside project farther into the public right of way than the proposed 8 feet for this project and contain structures that come down to grade. The arcaded projections are encouraged by the Central Eastside Community Design guidelines and Portland Design Commission for this section of East Burnside.

Additionally, these projections have been reviewed by the Portland Bureau of Transportation (PBOT) as part of a Major Encroachment Review for this proposal. PBOT has confirmed that the increased projection depths are acceptable and approved per their Major Encroachment Review process and will accommodate any equipment they would be using to service the public right of way. As well, these projections have been approved by the Design Commission during a Type III Design Review process, under LUR 15-276553.

OSSC 2902.3.2

In occupancies other than covered and open mall buildings, the required public and employee toilet facilities shall be located not more than one story above or below the space required to be provided with toilet facilities, and the path of travel to such facilities shall not exceed a distance of 500 feet (152 m).

The proposed design is a six story hotel building comprised of two floors of Type IA concrete podium with four floors of Type IIIB wood-framed construction above. The two lower floors will house a hotel lobby and restaurant along with an indoor event space and upper lounge and courtyard. The entire building will be equipped with an NFPA 13 automatic sprinkler system throughout and there is a 3-Hour fire-rated separation between the second and third floors. The two lower floors will be almost entirely A-2 occupancy with a portion of the ground floor being S-1, while the upper four floors will be R-1.

There is a small exterior assembly space located at the northwest corner fifth floor that serves as a lounge space for hotel guests. The assembly space is a B occupancy; >750sf and >50 occupants. The proposed design is to utilize the toilet rooms in the hotel sleeping units and the public restrooms on the first and second floors to provide the required fixtures for the fifth floor B Occupancy assembly space.

Reference attached Exhibit 1: Life Safety and Egress Plan and Exhibit 2: Floor Plans

This deck will be predominately used by the hotel guests staying in the upper four floors of the hotel and who will have access to their own private restrooms in their rooms. It is for this reason that a public restroom was not provided for this assembly space. However, understanding that there is the possibility that someone without access to a hotel room could access that exterior deck, the occupancies have been included in our overall fixture count and additional fixtures have been included in the second floor guest restrooms.

Per OSSC 2902.3.2 Exception 1, B occupancies are allowed exception to this requirement and can have restrooms located in an adjacent building provided the restrooms serving that occupancy are within 300 feet and the route is accessible. The exterior deck is also served by the second floor guest bathrooms, which are still within the same building and located 172 linear feet from the deck. The route is accessible and the fixture count on the second floor is such that it can support all the second floor occupants as well as any from this exterior deck. The restrooms on the ground floor are sized to support the occupant load for that floor, including the restaurant, and will not have overflow to the second floor restrooms.

It is the understanding of the applicant, that if an approvable code exception for a B occupancy includes the expectation of an occupant to travel up to 300 feet out of his or her occupied building, into an uncovered outdoor environment and then into an adjacent building to use a restroom facility; then that said code exception would be equivalent to a design that involves the travel of an occupant within a B occupancy to travel within the same building at maximum 172 feet to a restroom facility or use one of the two accessible routes provided per the proposed design.

OSSC 510.2 Item #2

A building shall be considered as separate and distinct buildings for the purpose of determining area limitations, continuity of fire walls, limitation of number of stories and type of construction where all of the following conditions are met:

1. The building below the horizontal assembly is not greater than one story above grade plane

The proposed design is a six story hotel building comprised of two floors of Type IA concrete podium with four floors of Type IIIB wood-framed construction above. The two lower floors will house a hotel lobby and restaurant along with an indoor event space and upper lounge and courtyard. The entire building will be equipped with an NFPA 13 automatic sprinkler system throughout and there is a 3-Hour fire-rated separation between the second and third floors.

The two lower floors will be almost entirely A-2 occupancy with a portion of the ground floor being S-1, while the upper four floors will be R-1.

Reference attached Exhibit 1: Life Safety and Egress Plan and Exhibit 3: Building Section

Per OSSC 504, this building is allowed to be six stories per its construction types and with an NFPA 13 sprinkler system throughout, the building qualifies for additional height under OSSC 504.2. The proposed building subsequently falls within the height and story limitations of a traditional Type IIIB over Type IA construction, better known as a 5-over-1. Reviewing a memo put together by Amit Kumar, Senior Structural Engineer for the Bureau of Development Services, titled Frequently Asked Questions for the Typical Five Stories of Residential Use in Wood Construction (IIIA) over Concrete Podium Construction within the Jurisdiction of City of Portland, there is a note regarding the incorporation of two-story concrete podiums within this building type.

In an effort to better protect the large occupancies on the first two floors, the Type IA construction has been extended through to the second floor.. If designed with one story of Type IA construction and five stories of Type IIIB construction, it would fall within code compliance with a combustible, wood framed second story. In lieu of that, this proposed design exchanges that second floor construction type with a floor of non-combustible, concrete construction that will be built to a higher fire resistance and will subsequently provide an equivalent, if not higher, degree of life safety.

OSSC 602.3

Type III construction is that type of construction in which the exterior walls are of noncombustible materials and the interior building elements are of any material permitted by this code. Fire-retardant-treated wood framing complying with Section 2303.2 shall be permitted within exterior wall assemblies of a 2-hour rating or less.

The proposed design is a six story hotel building comprised of two floors of Type IA concrete podium with four floors of Type IIIB wood-framed construction above. The two lower floors will house a hotel lobby and restaurant along with an indoor event space and upper lounge and courtyard. The entire building will be equipped with an NFPA 13 automatic sprinkler system throughout and there is a three hour separation between the second and third floors.

The proposed design is to utilize the City of Portland Code Guide OSSC/6/#4 which allow non-fire retardant treated wood in exterior wall assemblies of the Type III-B upper four floors of R-1 occupancy. To meet the requirements of this code guide there are a series of conditions that must be addressed for the Type IIIB portion of the structure. The requirements of the code guide will be met and this appeal seeks to show equivalency of the R-1 occupancy with the R-2 occupancy with which the code guide applies.

All framing assemblies will match those illustrated within the OSSC/6/#4 Code Guide or will be a tested wall assembly as allowed within said Code Guide’s definition of “Approved Wall Assembly.”

Reference attached Exhibit 5: Conditions of OSSC/6/#4 Code Guide

The proposed design includes four stories of Type IIIB construction with R-1 occupancy. From a life safety standpoint the differences between R-1 and R-2 occupancies are minimal and in most cases exceptions within the code requirements, especially within Chapters 5, 7 and 10 reference R-1 and R-2 in an “and/or” manner. Unlike R-2 occupancies, however, egress plans and emergency protocols are clearly laid out on permanent signage within every sleeping unit and along the paths of egress of R-1 occupancies. Couple that with the differences in average vacancy rates between R-1 and R-2 occupancies, where a hotel can average up to a 25% vacancy rate as compared to the average apartment complex vacancy rate, which is leasing at near capacity and one can see how the egressing and life safety requirements for these two occupancies fairly comparable. While OSSC/6/#4 Code Guide was written for buildings with an R-2 occupancy, it is the belief of the applicant that this project falls within the intent of the conditions for which said code guide was written, allowing non-fire-retardant-treated lumber to be used within the exterior wall assemblies of the upper four floors of this project.