Appeal 31450

Appeal Summary

Status: Decision Rendered - Held over from ID 28238 (12/21/22) for additional information

Appeal ID: 31450

Submission Date: 3/24/23 12:22 PM

Hearing Date: 4/5/23

Case #: B-001

Appeal Type: Building

Project Type: commercial

Building/Business Name: Mississippi Delta

Appeal Involves: Reconsideration of appeal

Proposed use: Commercial Shell

Project Address: 4000 N Mississippi Ave

Appellant Name: Auryn White

LUR or Permit Application #: Permit 19-265013-CO

Stories: 3 Occupancy: B, A-2, R-2 Construction Type: V-B

Fire Sprinklers: No

Plans Examiner/Inspector: Chanel Horn

Plan Submitted Option: pdf   [File 1]   [File 2]   [File 3]   [File 4]   [File 5]

Payment Option: electronic

Appeal Information Sheet

Appeal item 1

Code Section

OSSC 2019 505.2.1

Requires

The aggregate area of a mezzanine or mezzanines within a room shall not be greater than one-third of the floor area of that room or space in which they are located. The enclosed portion of a room shall not be included in a determination of the floor area of the room in which the mezzanine is located. In determining the allowable mezzanine area, the area of the mezzanine shall not be included in the floor area of the room.

Code Modification or Alternate Requested

Request that the existing mezzanine be allowed to exceed the maximum mezzanine area to allow existing historic mezzanine to remain unaltered. Request for maximum mezzanine area in existing tenant space to be increased from 306 SF allowed, to 650 SF allowed.

Proposed Design

Provide equivalent life-safety protection to mitigate effects of mezzanine size.
Proposal to provide new alarm/early notification system including horn strobes and voice evacuation.
By installing additional safety features, we believe the additional size of the mezzanine will not negatively impact the safety of the space.
Proposal would have total occupant load of 7-occupants within mezzanine area.
Building construction does not meet requirements for Type III-B construction, however a majority of the structure has non-combustible exterior envelopes.
Change of occupancy proposed with currently submitted building permit. Tenant space to be converted from M Occupancy to B Occupancy shell. Occupancy change is of same hazard classification.
New occupancy separation proposed at ceiling of mezzanine/tenant space, and separating tenant space for neighboring A Occupancy martial arts studio.
Existing mezzanine is provided with (2) exits, one exit directly from the mezzanine level to an egress stair. Other exit is through stair way to first floor of tenant space.
No unpermitted work has been identified in this building or tenant space.
(previous permits to convert neighboring tenant to martial arts studio and to install new exterior door in building)

Reason for alternative

Alternative to provide additional life-safety protection to offset effect of mezzanine size. Mezzanine is part of historic building character and alterations would negatively affect the historic nature and character of the building and tenant space. Occupancy change is of a lateral hazard classification and does not create additional fire life safety risk within the tenant space. Existing building is mainly non-combustible except for minor structural elements. Existing exits within the mezzanine allows for safe egress from the space without the use of stairs or delays in egress.

Appeal Decision

Increase in the maximum allowable area of a mezzanine from 306 s.f. to 650 s.f.: Granted provided the mezzanine remains a B occupancy with seven occupants and provided the voice evacuation control panel is sized to accommodate the entire building.

Appellant may contact John Butler (503 865-6427) or e-mail at John.Butler@portlandoregon.gov with questions.

The Administrative Appeal Board finds with the conditions noted, 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 90 calendar days of the date this decision is published. For information on the appeals process, go to www.portlandoregon.gov/bds/appealsinfo, call (503) 823-6251 or come in to the Development Services Center.