Appeal 16524

Appeal Summary

Status: Decision Rendered - Reconsideration of IDs 16414 and 16497

Appeal ID: 16524

Submission Date: 2/17/18 2:54 PM

Hearing Date: 2/21/18

Case #: B-017

Appeal Type: Building

Project Type: commercial

Building/Business Name:

Appeal Involves: Erection of a new structure

Proposed use: seasonal outdoor seating

Project Address: 4233-4237 N Mississippi Ave

Appellant Name: Seth Moran

LUR or Permit Application #: Permit 17-278471-CO

Stories: 1 Occupancy: A-2 Construction Type: V-B

Fire Sprinklers: No

Plans Examiner/Inspector: Chris Pagnotta

Plan Submitted Option: pdf   [File 1]

Payment Option: person

Appeal Information Sheet

Appeal item 1

Code Section

Table 2902.1 - footnote d

Requires

TABLE 2902.1 MINIMUM NUMBER OF REQUIRED PLUMBING FIXTURES
Occupancy A-2
Restaurants, banquet halls and food courts
Footnote “d” – The occupant load for seasonal outdoor seating and entertainment areas shall be included when determining the minimum number of facilities required.

Code Modification or Alternate Requested
Proposed Design

This appeal is based on advice received from the Plans Examiners involved with previous denied appeals 16414 and 16497.

The appellant requests that toilets for “seasonal outdoor seating areas” be deferred as follows: New and/or expanded toilet facilities for the entire site shall be installed by March 1, 2019.

The existing site consists of the following areas: One, a restaurant with indoor seating, seasonal uncovered seating, and seasonal covered seating. Second, a paved area for vending carts – a portion of which functions as seasonal uncovered seating. All existing uses have been permitted.

The proposed new scope is an enhancement of the site’s entrance, circulation, and outdoor seating. The new structure consists of an open-air pergola clad with polycarbonate roof panels. Its purpose is to provide seasonal weather protection for patrons of the restaurant, as well as pedestrians entering the vending cart pod from Mississippi Avenue. Fencing and partial-height walls will separate seating areas from site circulation.

No new scope is proposed at the existing outdoor seating areas at this time. Temporary sanitary facilities for the outdoor seating will be provided via portable toilets and a hand washing station.

Reason for alternative

The property Owners are currently pursuing design options for a building addition or separate toilet structure to serve all outdoor seating areas. This appeal “alternate” is to defer installation of compliant facilities for the entire site to no later than March 1, 2019.

The appeal board has established precedent for deferred toilet facilities. Examples include:
ID 6585 – Exclusion of seasonal uncovered outdoor seating from the occupant load for a restaurant.
ID 16240 – Reduction of toilets to avoid unnecessary financial burden on a business.
ID 1503 – Use of portable toilets for 18 months until permanent facilities are constructed.
ID 9873 – Use of portable toilets with stub outs for future – no timeframe for completion.
ID 5446 – Use of portable toilets for a specific business.

Deferral of the toilet facilities is required to maintain continued operation through the critical summer season. The property was recently acquired at considerable cost and permitting delays have increased the financial hardship. The proposed site improvement will allow the business to operate at capacity this summer and create the revenue necessary to complete the toilet improvements during the following winter.

Temporary sanitary facilities for the outdoor seating will be provided via portable toilets and a hand washing station.

The request is reasonable and poses no risk to health or life safety during the interim period.

Appeal Decision

Use of temporary sanitation facilities to serve seasonal outdoor seating areas: Granted as proposed with permanent facilities to be provided by 03-01-2019.

Note: Separation between covered and non-covered areas is not a condition of granting appeal.

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.

Pursuant to City Code Chapter 24.10, you may appeal this decision to the Building Code Board of Appeal within 180 calendar days of the date this decision is published.  For information on the appeals process and costs, including forms, appeal fee, payment methods and fee waivers, go to www.portlandoregon.gov/bds/appealsinfo, call (503) 823-7300 or come in to the Development Services Center.